HomeMy WebLinkAbout041905_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 April 19, 2005, at
3:00 P.M.
PRESENT Susan.Peppler, Mayor
Gilberto Gil, Mayor Pro Tem(evening session)
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; Beatrice Sanchez, Deputy City Clerk(evening session); Jim
Bueermann, Police Chief; Mel Enslow, Fire Chief (afternoon session); Jim
Drabinski, Acting Fire Chief (evening session); Donald Gee, Redevelopment
Agency Director; Tina Kundig, Finance Director; Ronald C. Mutter, Public
Works Director; Marjie Pettus, Administrative Services 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 Councilmember Gilbreath
followed by the pledge of allegiance.
PRESENTATIONS
Dedication Ceremony - Redlands Municipal Airport - Charlotte Kranenburg,
Redlands Municipal Airport Manager, invited Councilmembers and staff to a
special dedication ceremony for the Airport Pavement Project on Saturday,
May 7, 2005, at 9:30 A.M. as part of the Second Annual Spring Fly-In. The
dedication ceremony will include a special ribbon-cutting, flag ceremony and
fly-over. The project, which should be completed by the end of this month,
includes reconstruction of the runway and taxiway, installation of additional
airfield lighting, drainage improvement and pavement marking. The Fly-In is
scheduled from 8:00 A.M. to 3:00 P.M.
Grading of Food Establishments - Councilmember George reported that on
June 15, 2004, the County Board of Supervisors approved a County ordinance
to implement a restaurant and market grading system. The program has been
designed to better inform the public on the results of restaurant inspection.
which are conducted by the San Bernardino County Department of Health. The
program was implemented throughout the County's unincorporated area on
October 1, 2004. At the April 5, 2004, meeting, Councilmember George asked
the City Council to consider requiring the public posting of inspection results by
the County as he believed it would be highly beneficial, from a public health
April 19,2005
Page 1
standpoint, to make consumers aware of the inspection results, by letter grade,
of the establishments they are considering patronizing. Ms. Terri Williams,
Program Manager for the San Bernardino County Department of Public Health
reviewed the restaurant and market grading system. By consensus, staff will
return on May 3, 2005, with a proposed ordinance to implement this
requirement
CONSENT CALENDAR
Minutes - On motion of Councilmember George, seconded by Councilmember
Gilbreath, the minutes of the regular meeting of April 5, 2005, were approved as
submitted.
Bills and Salaries - On motion of Councilmember George, seconded by
Councilmember Gilbreath,payment of bills and salaries was acknowledged.
Planning Commission Actions - On motion of Councilmember George,
seconded by Councilmember Gilbreath, the report of the Planning Commission
meeting held on April 12, 2005, was acknowledged as received.
Ordinance No. 2595 - Zone Change No. 411 - On motion of Councilmember
George, seconded by Councilmember Gilbreath, the City Council adopted, by
AYE votes of all present, Ordinance No. 2595, an ordinance of the City of
Redlands amending Title 18 of the Redlands Municipal Code by revising the
City's Land Use Zoning Map by approving Zone Change No. 411, a change of
zone from R-S (Suburban Residential) Distinct to T (Transitional) District for
.72 acres of vacant property located on Roberts Road approximately 400 feet
northwest of Laurel Street, Edward Anderson, applicant.
Ordinance No. 2597 - Zone Change No. 386 - On motion of Councilmember
George, seconded by Councilmember Gilbreath, the City Council adopted, by
AYE votes of all present, Ordinance No. 2597, an ordinance of the City of
Redlands amending Title 18 of the Redlands Municipal Code by revising the
City's Land Use Zoning Map by approving Zone Change No. 386, a change of
zone from A-1 (Agricultural) District (five-acre lots) to R-3 (Multiple Family
Residential) District (1,500 square feet of lot area per dwelling unit) on
4.76 acres located on the north side of Orange Avenue, 300 feet east of Kansas
Street, Mark Utzinger, applicant.
Ordinance No. 2601 - Zone Change No. 406 - On motion of Councilmember
George, seconded by Councilmember Gilbreath, the City Council adopted, by
AYE votes of all present, Ordinance No. 2601, an ordinance of the City of
Redlands amending Title 18 of the Redlands Municipal Code by revising the
City's Land Use Zoning Map by approving Zone Change No. 406, a change of
zone from A-1 (Agricultural) District to R-E(Residential Estate) District on one
parcel totaling 41.22 gross acres located on the west side of Wabash Avenue,
April 19,2005
Page 2
south of San Bernardino Avenue and north of Capri Avenue in the A-1
(Agricultural) District, Arief Naftali, applicant.
Ordinance No. 2605 - Historic Review - Ordinance No. 2605, an ordinance of
the City of Redlands amending Chapter 2.62 of the Redlands Municipal. Code
relating to projects subject to Historic and Scenic Preservation Commission
review, was adopted, by AYE votes of all present, on motion of Councilmember
George, seconded by Councilmember Gilbreath.
Funds - Annexation Applications - On motion of Councilmember George,
seconded by Councilmember Gilbreath, the City Council approved, by AYE
votes of all present, an additional appropriation for the annexation account
(101164-5930) in the amount of $4,256.00 for the Community Development
Department, Planning Division, to fees to be paid to LAFCO for two
applications received for development projects that are contiguous to the City.
Proclamation - National Volunteer Week - On motion of Councilmember
George, seconded by Councilmember Gilbreath, the City Council authorized, by
AYE votes of all present, issuance of a proclamation declaring the week of
April 18, 2005, as National Volunteer Week.
Proclamation - Blue Ribbon Week - On motion of Councilmember George,
seconded by Councilmember Gilbreath, the City Council authorized, by AYE
votes of all present, the issuance of a proclamation declaring the week of
May 1.5, 2005, as Blue Ribbon Week.
Proclamation - First Congregational Church - On motion of Councilmember
George, seconded by Councilmember Gilbreath, the City Council authorized, by
AYE votes of all present, issuance of a proclamation congratulating the First
Congregational Church on the occasion of their 125th anniversary.
Appointment - Airport Advisory Board - On motion of Councilmember
George, seconded by Councilmember Gilbreath, the City Council appointed, by
AYE votes of all present, John Catron to fill the unexpired term of David
Terrell to May 1, 2007, on the Airport Advisory Board as recommended by
Mayor Peppler.
Ordinance No. 2603 - Local Government Claims - Ordinance No. 2603 an
ordinance of the City of Redlands adding Chapter 3.09 of the Redlands
Municipal Code relating to local government claims, was adopted, by AYE
votes of all present, on motion of Councilmember George, seconded by
Councilmember Gilbreath.
Resolution No. 6387 - Salary - On motion of Councilmember George, seconded
by Councilmember Gilbreath, the City Council adopted by AYE votes of all
present, Resolution No. 6387, a resolution of the City Council of the City of
April 19,2005
Page 3
Redlands amending the salary schedule and compensation plan for City
Employees, authorizing the addition of At Will employees in the Fire
Department, elimination of the ID and Property Technician classification in the
Police Department and the addition of one Community Service
Officer/Dispatcher position in the Police Department.
CDBG Reallocation - On motion of Councilmember George, seconded by
Councilmember Gilbreath, the City Council approved, by AYE votes of all
present, reallocation of $1.1.5,000.00 from City of .Redlands Community
Development Block Grant Project 111-30111/2625 (Civic Center - ADA
Improvements) to Project 111-26105/2007 (Street Improvements - Sun and
Union).
Agreement - Henry Tate Water Treatment Plant Effluent Pipeline - On motion
of Councilmember George, seconded by Councilmember Gilbreath, the City
Council approved, by AYE votes of all present, an agreement for engineering
services with Black and Veatch for hydraulic evaluation of the Henry Tate
Water Treatment Plant effluent pipeline.
Research Proposal - Scale Testing - On motion of Councilmember George,
seconded by Councilmember Gilbreath, the City Council approved, by AYE
votes of all present, a research proposal from Pennsylvania State University for
demonstration scale testing of the ammonium perchlorate treatment system at
the City's Texas Street Treatment Facility.
New York Street Well Pump Repair - On motion of Councilmember George,
seconded by Councilmember Gilbreath, the City Council approved, by AYE
votes of all present, the repair costs for the New York Street Well Pump by
SoCal Pump & Well Drilling, Inc. of Riverside, California.
Standby Generator Purchase - On motion of Councilmember George, seconded
by Councilmember Gilbreath, the City Council approved, by AYE votes of all
present, the purchase of a 50 kilowatt Caterpillar natural gas generator from
Johnson Machinery of Riverside, California.
Fuel Storage Tanks - On motion of Councilmember George, seconded by
Councilmember Gilbreath, the City Council authorized, by AYE votes of all
present, the removal of a 2,000 gallon underground fuel tank and purchase and
installation of a new 2,000 gallon aboveground fuel storage tank at the Horace
Hinckley Water Treatment Plant by George Bryant Construction, Inc.
Wheel Loader Purchase - On motion of Councilmember George, seconded by
Councilmember Gilbreath, the City Council authorized, by AYE votes of all
present, the purchase of a 924G-Caterpillar wheel loader from John Machinery
of Riverside, California, for the Water Reclamation Facility.
April 19,2005
Page 4
Agreement - Soils Inspection Services - On motion of Councilmember George,
seconded by Councilmember Gilbreath, the City Council approved, by AYE
votes of all present, an agreement to furnish soils inspection services for the
2004/05 Capital Improvement Program, Water Main Replacement Project, with
LOR Geotechnical Group, Inc. for the amount of$24,51.0.00, authorized staff to
approve contingent costs up to 10 percent over in the initial amount, and
authorized the Mayor to execute, and the City Clerk to attest to, the document
on behalf of the City.
OSC 05-31 - Crestwood Corporation - On motion of Councilmember George,
seconded by Councilmember Gilbreath, the City Council determined, by AYE
votes of all present, that Outside City Case (OSC) 05-31, Tentative Tract Map
16756, APN 298-192-09 and 1.8 is consistent with the City of Redlands General
Plan and that the public health, safety and welfare, and the best interests of the
citizens of Redlands, are served by the City's continued processing of the
application.
Ordinance No. 2608 - Water and Wastewater Rates - Ordinance No. 2608, an
ordinance of the City of Redlands adding Chapter 3.53 to the Redlands
Municipal Code relating to non-potable water fund and non-potable rates and
charges, and amending Chapters 3.41, 3.52, 3.62, 3.12, 3.16 and 13.44 of the
Redlands Municipal Code relating to water and wastewater rates and water
equipment regulations and sewer charges, was adopted, by AYE votes of all
present, on motion of Councilmember George, seconded by Councilmember
Gilbreath.
Contract Award - Demolition of Church Street Buildings - Bids were opened
and publicly declared on March 31, 2005, by the City Clerk for the Demolition
of Church Street Buildings Project for City-owned buildings located at 19, 21,
and 23 North Church Street and 725 East State Street; 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 Dakeno, Inc. in the amount
of$32,950.00 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 Gilbreath, the City Council approved, by AYE votes of all
present, this recommendation.
Funds - Agreement - CFD No. 2004-1 - On motion of Councilmember George,
seconded by Councilmember Gilbreath, by AYE votes of all present, the City
Council appropriated funds in the amount of $2,000.00 and approved a
consultant services agreement with Albert A. Webb Associates of Riverside,
California, for the preparation of the Fiscal Year 2005-06 annual levy for
Community Facilities District No. 2004-1 for Tract No. 16408 (Centex Homes),
and authorized the Mayor to execute, and the City Clerk to attest to, the
document on behalf of the City.
April 19,2005
Page 5
Redlands Boulevard at Alabama Street& Colton Avenue Improvement Project -
On motion of Councilmember George, seconded by Councilmember Gilbreath,
the City Council approved, by AYE votes of all present, the design concept for
the Redlands Boulevard at Alabama Street and Colton Avenue Improvement
Project and authorized staff to proceed with the final design and right-of-way
acquisition process.
Contract Award - Alabama and Orange Streets Brides - Bids were opened and
publicly declared on April 7, 2005, by the City Clerk for the construction
contract for the Alabama and Orange Streets Bridges Replacement Project; 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 MCM Construction, Inc. in the amount of$7,626,738.00, 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 Gilbreath, the
City Council appropriated, by AYE votes of all present, $9,728.738.00 from the
Local Transportation Fund which will be reimbursed to the City in full. On
motion of Councilmember George, seconded by Councilmember Gilbreath, the
City Council awarded a construction contract with MCM Construction, Inc. to
construct the bridges at Alabama Street and Orange Street at the Santa Ana
River crossing in the amount of $7,626,738.00 and authorized the Mayor to
execute, and the City Clerk to attest to, the document on behalf of the City, by
AYE votes of all present.
Agreement - Regulatory Permit Compliance - On motion of Councilmember
George, seconded by Councilmember Gilbreath, the City Council approved a
consultant services agreement with Tom Dodson & Associates for the Alabama
Street and Orange Street Bridges Replacement Project to provide regulatory
permit compliance and authorized the Mayor to execute, and the City Clerk to
attest to, the document on behalf of the City by AYE votes of all present.
HP9000 Computer Components Purchase - On motion of Councilmember
George, seconded by Councilmember Gilbreath, the City Council approved, by
AYE votes of all present, the sole source purchase of HP 9000 computer
components from BayPointe Technology for the Finance Department's Bi-Tech
financial system.
Funds - Contract - Growth Initiative - On behalf of The Redlands Association,
Bill Cunningham questioned employing an organization that has been
historically opposed to all growth management initiatives to assist in an analysis
of latest initiative scheduled for the November election. He felt the Chamber
of Commerce was hardly an unbiased authority and that this was an indirect
expenditure to oppose a citizens' initiative. City Attorney McHugh explained
that the City does not expend money to support or oppose a ballot measure and
April 19,2005
Page 6
that this information would be used for educational purposes. The agreement
before the City Council would allow the Chamber of Commerce to assist the
City to solicit and find a consultant to do an analysis of the proposed initiative.
Representing the Redlands Chamber of Commerce, Fred Board stated the
people need to understand what will be on the November ballot.
Councilmember Peppler moved to authorize City staff to meet with
representatives of the Redlands Chamber of Commerce to select a consultant to
complete the analysis of the proposed voter initiative entitled "The initiative
ordinance of the People of Redlands amending the principles of managed
growth and the land use, circulation, open space and conservation, health and
safety and noise elements of the Redlands General Plan" scheduled for the
November 2005 election, prepare a professional services agreement, and
authorized the Mayor to execute, and the City Clerk to attest to, the document
on behalf of the City. Motion seconded by Councilmember Harrison and carried
by AYE votes of all present. On motion of Councilmember Peppler, seconded
by Councilmember Harrison, the City Council approved, by AYE votes of all
present, an additional appropriation in the amount of $25,000.00 for the
initiative review.
COMMUNICATIONS
Redlands Cold Weather Emergency Shelter - Councilmember George shared a
letter from Joel and Barb Vasey, Redlands Cold Weather Emergency Shelter
Program Managers, reporting on their success during this winter's cold weather.
Mr. and Mrs. Vasey addressed the City Council and thanked all the volunteers
who made this program successful. They apologized the shelter was only open
for cold nights as they did not have enough staff for rainy days. The shelter
closed on April 1, 2005.
Emerald Necklace Initiative - Councilmember George presented a feasibility
study, prepared at no cost, to the City of Redlands by the Trust for Public Land.
The study presents a detailed analysis of parks and natural lands programs,
priorities and funding in our City. It also delves into a discussion of local
conservation financing options. There are four funding mechanisms that are
viable options for Redlands to consider in order to make the Emerald Necklace
a reality. Councilmember George and Harrison urged the City Council to
authorize the undertaking of a professional poll to assess voter opinion on those
mechanisms at no cost to the City. The service will be funded by the Trust for
Public Land and from a recent fundraiser hosted by the Redlands Conservancy.
A conservation-focused poll will help determine if voters are willing to pay for
these items, and, if so, how much and provide other important information. By
consensus, Councilmember George will advise the groups to go ahead with the
poll.
JOINT MEETING - CITY COUNCILIPUBLIC WORKS INFRASTRUCTURE COMMITTEE
April 19,2005
Page 7
Funds - Data Collection of Street Infrastructure - Public Works Director Mutter
reported the Public Works Infrastructure Committee has recommended that a
GIS-based mapping system be developed to provide a complete inventory of all
street infrastructure surface conditions to include streets, street trees, sidewalks,
curbs, gutters, street lights, storm drain facilities and ADA facilities such as
access ramps at intersections. The base GIS work would be completed through
the Redlands Institute at the University of Redlands. Inventory data collection
would need to be completed by either volunteers, staff or paid interns. Acting
Chairman David Garcia declared the meeting of the Public Works Infrastructure
Committee open and presented a PowerPoint of information gathered by the
Committee. Two other members of the Committee also addressed the City
Council. Mayor Peppler expressed appreciation for the Committee's work.
Councilmember Peppler moved to appropriate $21,000.00 from the General
Fund, Public Utilities Funds, and Redevelopment Funds as appropriate and
authorized the hiring of four student interns for the collection of data regarding
street infrastructure conditions to establish a GIS-based inventory and mapping
system. Motion seconded by Councilmember George and carried unanimously.
Councilmember Harrison also expressed appreciation to the Redlands Institute
for their assistance on this project.
JOINT MEETING-CITY COUNCIL AND REDEVELOPMENT AGENCY
Resolution No. 6389 - Great Neighborhood Program - Councilmember Harrison
moved to adopt Resolution No. 6389, 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. Motion seconded by Councilmember
Gilbreath and carried unanimously. (Also see Resolution No. 393 in the
Redevelopment Agency minutes for April 19, 2005.)
CLOSED SESSION
The City Council meeting recessed at 4:04 P.M. to continue the Redevelopment
Agency meeting and reconvened at 4:08 P.M. to a closed session to discuss the
following:
April 19,2005
Page 8
1. Conference with legal counsel: Anticipated litigation - Government Code
Section 54956.9(b)
a. Two cases: Facts and circumstances: Sewage back-up incidents at
1218 and 1208 Sixth Street
2. Conference with legal counsel: Anticipated litigation - Government Code
Section 54956.9(c) - One potential case
The meeting reconvened at 7:00 P.M.
PRESENTATION
Team in Training - Leukemia/Lymphoma Society - The Team in Training for
the Leukemia and Lymphoma Society will hold training sessions on Saturday,
April 23, 2005, at 10:30 A.M. and Tuesday, May 10, 2005, at 6:30 P.M. at the
A. K. Smiley Public Library. This is a fund raising arm of the Leukemia and
Lymphoma Society and the money participants raise go towards finding a cure
for blood cancers. The representative from the Leukemia and Lymphoma
Society was unable to attend this meeting.
Group Home - City Manager Davidson reported that over the past couple of
weeks, the City Council and staff have received a number of communications
from concerned citizens regarding a proposed intermediate care
facility/developmentally disabled facility to be located at 1543 University Street
in Redlands. Mayor Peppler requested that the proposed care facility be placed
on this agenda to provide an opportunity for the City Council to hear, discuss
and better understand the community's concerns associated with the proposed
facility. Staff invited a representative from the State Department of Health
Services and the property owner/proposed facility operator, Mr. Robert
Horrigan, to attend this meeting. It was noted that cities in general are limited,
due to State law, in their ability to regulate certain care facilities and/or group
homes. However, staff is currently researching the specifics of Mr. Horrigan's
proposed care facility and his application on file with the State to determine
what controls, if any, the City may have as it relates to the proposed facility.
Neighbors expressing concern about the placement of a group home in their
neighborhood were: Eileen Seheult, DeShes Rushing, Richard Waitschies, Glen
Ruff, Lisa Ruff, Leslie Udvardi, Brenda Stiff, Frank Escador and Carol Smith.
Explaining the importance of group homes for developmentally disabled were:
Peggy Hiles, Vicki Smith, Deborah McFatter and Jeff McNair and two of his
friends. Donna Morales, State Department of Health Services, explained the
process for placement of group homes. Robert Horrigan, owner of the group
home, also spoke and answered questions. Councilmember Gil asked Police
Chief Bueermann to conduct a community meeting to address the neighbors
concerns.
ANNOUNCEMENTS/REPORTS
April 19,2005
Page 9
Councilmembers reported on their activities and attendance at meetings during
the past two weeks.
Congratulations - Spencer Koobatian - Mayor Peppler congratulated Spencer
Koobatian for recently having been accepted to attend the Idyllwild Arts
Academy. Fourteen-year old Master Koobatian is a volunteer camera operator
for Redlands TV3. We will miss him.
NEW BUSINESS
Ordinance No. 2607 - Water and Sewer Rates - Public notice was published for
this time and place to consider Ordinance No. 2607, an ordinance of the City of
Redlands amending Chapters 13.40, 3.44, and 3.48 of the Redlands Municipal.
Code relating to water source acquisition charges and sewer and water capital
improvement charges. Water Resources Chief Douglas Headrick presented
information regarding this proposed ordinance. Ordinance No. 2607 was read
by title only by City Clerk Poyzer, and on motion of Councilmember Peppler,
seconded by Councilmember Gilbreath, further reading of the ordinance text
was unanimously waived, and Ordinance No. 2607 was introduced with
unanimous Council approval and laid over under the rules with adoption
scheduled for May 3, 2005.
LAND USE AND PUBLIC HEARINGS
Covington Construction and Development, Applicant - The public hearings
were continued to this time and place to consider approval of an Environmental
Impact Report and public hearings for a Socio Economic Analysis, General Plan
Amendment No. 2005-2-A, a General Plan amendment to change Highview
Drive from a "Local Street" to a "Collector Street" and to modify Figure 5.2 of
the Circulation Element to establish design standards for Rural Streets and other
rural public facilities; Ordinance No. 2606, Zone Change No. 390, a change of
zone from A-1 (Agricultural) District (five-acre lots) to R-R (Rural Residential)
District (one-acre lots) on four contiguous lots totaling 1.80.9 acres located
south of Highview Drive and east of Freya Drive; a Socio-Economic Analysis
and Conditional Use Permit No. 780, a conditional use permit for a Planned
Residential Development (PRD) to subdivide four contiguous lots totaling
approximately 180.9 acres into 85 residential lots and four common lots located
south of Highview Drive and east of Freya Drive in the existing A-1
(Agricultural) District (five-acre lots) which is proposed for a zone change to
R-R(Rural Residential) District (one acre lots); a Socio-Economic Analysis and
Tentative Tract No. 16361, a tentative tract map to subdivide four contiguous
lots totaling approximately 180.9 acres into 85 residential lots and four common
lots located south of Highview Drive and east of Freya Drive in the existing A-1
(Agricultural) District (five-acre lots) which is proposed for a zone change to
R-R (Rural Residential) District (one-acre lots); and Resolution. No. 6385,
Agricultural Preserve Removal No. 100, an agricultural preserve removal of
April 19,2005
Page 10
approximately nine acres located along the south border of the project located
south of Highview Drive and east of Freya Drive. Mayor Peppler declared the
meeting open as a public hearing at 8:34 P.M. Community Development
Director Shaw reported the Planning Commission reviewed the project on
May 27, 2003. Since that date, an Environmental Impact Report has been
prepared by Michael Brandman Associates under the City's direction and
review and was funded by the applicant as permitted by the California
Environmental Quality Act. The FIR was prepared at the applicant's request to
ensure that all environmental issues raised during the Planning Commission.
hearings were addressed in a comprehensive manner and to provide the public a
greater opportunity to review and comment on the environmental issues.
Recent changes to the project include 102.1 acres will be designated open
space, 64.5 acres are being donated to the City as a public park, and there are 85
lots (rather than 88). Community Development Director Shaw reviewed the
project and the applications in detail. Christine Donahue and other employees
of Michael Brandman Associates were present to answer questions about the
Environmental Impact Report. Councilmember Harrison asked the applicant if
he would also be willing to donate the open space proposed to be maintained by
the homeowners' association to the City with a conservation easement which
could then be maintained by use of a community facilities district. He also
suggested eliminating the northeast cul-de-sac and Lot 5 to provide more open
space as was presented in the original plans. Representing the applicant, Chad
Covington who was present, Pat Meyer addressed the City Council noting the
project is consistent with the General Plan and indicating their agreement to
Councilmember Harrison's proposal.
Beginning at 9:04 P.M. the following people addressed the City Council
expressing their concerns about the EIR, the project and the proposed zone
change: Helen Waitz, Brian Roche, John Bouzme, David 011is, Joann Ankrum,
representing Friends of Live Oak Canyon David Matuszak, Dean Williams,
Teddy Banta, Theresa Kwappenberg, Barney Gentry, Daniel McCarthy, Pamela
Smyth, Robert C. Newman II, Curtis Toovey, representing the Sierra Club
Terry Wold, representing the San Timoteo Canyonlands Coalition Gary
Strickland, Dave Hart, Sondra Hodson, Jordenne Parker, Jackie Friedrich, Bob
Miller, George Lessard, Amanda Frye, Helen Law, Wes Harmelink,
representing The Redlands Association Sally Beck, Lee Young, Fred Waltz,
Linda Oster, Susan Finsen, Lawrence Finsen, Howard Hurlbut, and Bill.
Cunningham. Speaking in support of the project were: Dr. Tim Krantz, Eric
Blum, Mimi Dupper, Patrick Hsu, Bob Roberts and Terrence Emershy.
Additional communications submitted at the meeting opposing the project were
received from: Elizabeth F. Schilling, Dick Morris, Phill Courtney, Claudia
011is, Angela Thompson, Christine Haddad, Mary Newman, Peter Hodges,
Eleanor Stewart Kelleher, James Gatrost, Allen Bartleman for the San Gorgonio
Chapter of the Sierra Club, Maria Bosley, Saralyn Brooks, and Al Kelley.
Mayor Peppler read a letter from Mayor Emeritus Carole Beswick providing
insight on the annexation proceedings that took place while she was in office
April 19,2005
Page 11
and stating the City has a moral obligation to follow-through with the
representations made during the annexation process. Representing the
applicant, Mr. Meyer responded to comments made, answered Councilmembers'
questions, and agreed to four additional conditions of approval to address
Native American concerns as recommended by Statistical Research, Inc. City
Clerk Poyzer reported communications received since the May 3, 2005, meeting
included 2 supporting the project, 94 opposing, and a letter from Niblett and
Associates regarding the soil stability report. (An additional communication in
support and 5 opposing were opened the following day.) Christine Donahue,
Michael Brandman Associates,responded to comments regarding the EIR.
The City Council meeting briefly recessed at 11:45 P.M. and reconvened at
11:55 P.M. at which time Ms. Donahue concluded her comments stating the
testimony heard tonight did not change the information contained in the EIR.
Community Development Director Shaw distributed alternative motions for the
City Council's consideration; a revised listing of Community Development
Department, Planning Division, conditions of approval for Tentative Tract
No. 16361 and Conditional Use Permit No. 780; Environmental Findings of
Fact and Statement of Overriding Consideration on the Environmental Impact
Report for Tentative Tract No. 16361; and a Mitigation Monitoring and
Compliance Program for Tentative Tract No. 1.6361. The public hearing was
declared closed at 11:58 P.M. Councilmembers presented their thoughts about
the project. Councilmember Harrison requested the applicant meet with the
City to discuss the acquisition of Lots 57-68 so as to provide additional open
space (based on the 85 lot tentative map) at the south end of"Y' Street as shown
on the tentative map; the applicant agreed to have these discussions, and
Councilmember Harrison volunteered to work with staff on this matter.
EIR - Councilmember Peppler moved that the City Council determine that
neither the testimony presented during the public hearing nor any of the
suggested changes to the project, the conditions of approval or the
mitigation measures constitute new significant information that would
require recirculation of the draft EIR under the California Environmental
Quality Act, to certify the Final Environmental Impact Report (EIR) for
General Plan Amendment No. 2005-2-A, Zone Change No. 390,
Conditional Use Permit No. 780, Tentative Tract No. 16361, and
Agricultural Preserve Removal No. 100, finding that 1) the final EIR has
been completed in compliance with CEQA, 2) the final EIR was presented
to the City Council of the City of Redlands, and that the City Council
reviewed and considered the information contained in the final EIR prior to
approving the project, and 3) the final EIR reflects the City Council's
independent judgment and analysis; and adopt the Endings of fact and
statement of overriding considerations pursuant to Section 21081 of the
California Environmental Quality Act, adopt the Mitigation Monitoring and
Reporting Program. Motion seconded by Councilmember Harrison and
carried with Councilmember George voting NO.
April 19,2005
Page 12
Resolution No. 6388 - General Plan Amendment No. 2005-2-A -
Councilmember Peppler moved to adopt Resolution No. 6388 which
approves General Plan Amendment No. 2005-2-A, changing Highview
Drive from a "Local Street" to a "Collector Street" for that approximately
400 foot portion of Highview Drive extending between the project entrance
at "D" Street and Alta Vista Drive, and modifying figure 5.2 of the
Circulation Element to establish design standards for Rural Streets as shown
on Exhibit "A" of Resolution No. 6388. Motion seconded by
Councilmember Harrison and carried with Councilmember George voting
NO.
Resolution No. 6385 - Agricultural Preserve Removal No. 100 -
Councilmember Peppler moved to adopt Resolution No. 6385, approving
Agricultural Preserve Removal No. 100 which takes effect only upon.
approval of the associated amendment to the General Plan (Resolution
No. 6388), based upon the findings contained in the staff report. Motion
seconded by Councilmember Harrison and carried with Councilmember
George voting NO.
Ordinance No. 2606 - Zone Change No. 390 - Ordinance No. 2606 an
ordinance of the City of Redlands amending Title 18 of the Redlands
Municipal Code revising the City's Land Use Zoning Map and effecting
Zone Change No. 390, was read by title only by City Clerk Poyzer, and on
motion of Councilmember Peppler, seconded by Councilmember Harrison,
further reading of the ordinance text was waived, and Ordinance No. 2606
was introduced and laid over under the rules with adoption scheduled for
May 3, 2005, with Councilmember George voting NO.
Socio-Economic Analysis and Cost/Benefit Study - Councilmember Peppler
moved to approve the Socio-Economic Analysis and Cost/Benefit Study for
Conditional Use Permit No. 780 and Tentative Tract No. 16361 as it has
been determined that this project will not create immitigable physical blight
or overburden public services in the community and no additional
information or evaluation is needed. Motion seconded by Councilmember
Harrison and carried with Councilmember George voting NO.
Conditional Use Permit No. 780 - Councilmember Peppler moved to
approve Conditional Use Permit No. 780 which is preconditioned upon
approval of the associated amendment to the General Plan (Resolution
No. 6388) and which shall take effect on the effective date of Ordinance
No. 2606, subject to the conditions of approval and findings contained in the
staff report. Motion seconded by Councilmember Harrison and carried
Councilmember George voting NO.
Tentative Tract No. 16361 - Councilmember Peppler moved to approve
Tentative Tract No. 1.6361, which takes effect only upon approval of the
associated amendment to the General Plan (Resolution No. 6388) and to
take effect as of the effective date of Ordinance No. 2606, subject to the
conditions of approval and findings contained in the staff report. Motion
seconded by Councilmember Harrison and carried with Councilmember
George voting NO.
April 19,2005
Page 13
SSRI, Applicant - Due to a potential conflict of interest, Councilmember
Harrison retired from the Council Chambers and did not participate in this
matter; a Public Disclosure of Potential Conflict of Interest form is on file in the
City Clerk's Office. Continued from the April 5, 2005, City Council meeting
was consideration of a draft mitigated negative declaration and a public hearing
to consider General Plan Amendment No. 2005-2-13, a General Plan amendment
to the Circulation Element to remove and vacate approximately 230 feet of New
York Street north of the intersection with. State Street, and a General Plan land
use designation amendment from Light Industrial, Commercial and Linear Park
Overlay to Office; a public hearing to consider introduction and first reading of
the title of Ordinance No. 2600, Zone Change No. 401, a change of zone from
M-1 (Light Industrial) District, M-2 (General Industrial) District, M-P (Planned
Industrial) District and C-4 (Highway Commercial) District to A-P
(Administrative and Professional Office) District on 27.94 acres located on both
sides of New York Street, north of State Street and east of Tennessee Street; and
consideration of Street Vacation No. 127 by giving notice of intent to vacate a
portion of New York Street located north of the intersection of State Street and
set a public hearing thereon for May 17, 2005, at 7:00 P.M. Community
Development Director Shaw review the project and its applications. Mayor
Peppler declared the meeting open as a public hearing for any questions or
comments. Opposed to the closure of a portion of New York Street were Phil
Heller and Mario Saucedo. Because of the late hour Marjorie Hickman and
Owen Jeffrey Morrison were no longer present but indicated on their speaker
forms they were opposed to the closure of New York Street. City Clerk Poyzer
reported that six communications opposing the closure of New York Street were
received prior to the meeting. Don Berry, ESRI, urged the City Council to
approve the applications and responded to questions about his contact with the
U. S. Post Office on New York Street. There being no further comments, the
public hearing was declared closed at 1:07 A.M. on April 20, 2005.
Mitigated Negative Declaration - Councilmember Gilbreath moved to
approve the Environmental Review Committee's mitigated negative
declaration for General Plan Amendment No. 2005-2-13, Zone Change
No. 401 and Street Vacation No. 127 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
Gil and carried with Councilmember George voting NO and
Councilmember Harrison having abstained.
Resolution No. 6391 - General Plan Amendment No. 2005-2-B -
Councilmember Gilbreath moved to adopt Resolution No. 6391 for General
Plan Amendment No. 2005-2-13, amending the Circulation Element of the
General Plan to remove the Collector designation of New York Street
through the project site from Park Avenue to State street and changing the
April 19,2005
Page 14
designation of the subject properties from Light Industrial and Commercial
to Office as shown on the map made a part thereof of the resolution. Motion
seconded by Councilmember Gil and carried with Councilmember George
voting NO and Councilmember Harrison having abstained.
Ordinance No. 2600 - Zone Change No. 401 - Ordinance No. 401 an
ordinance of the City of Redlands amending Title 18 of the Redlands
Municipal Code revising the City's Land Use Zoning Map and effecting
Zone Change No. 401, was read by title only by City Clerk Poyzer, and on
motion of Councilmember Gilbreath, seconded by Councilmember Gil,
further reading of the ordinance text was waived, and Ordinance No. 2600
was introduced and laid over under the rules with adoption scheduled for
May 3, 2005, with Councilmember George voting NO and Councilmember
Harrison having abstained.
Street Vacation No. 127 - Councilmember Gilbreath moved to request the
City Clerk to administratively set the hearing date for the proposed vacation
of a portion of New York Street for May 17, 2005, at 7:00 P.M. and provide
for published and posted notice of the hearing in accordance with State law.
Motion seconded by Councilmember Gil and carried with Councilmember
Harrison having abstained.
Ordinance No. 2599 - Hillside Development - Consideration of Ordinance
No. 2599, Ordinance Text Amendment No. 308, to modify Chapter 18.138 of
the Redlands Municipal Code pertaining to the establishment of a Hillside
Development Overlay District and hillside grading standards, was continued to
this time and place. At the recommendation of staff, this matter was continued
to May 3, 2005, on motion of Councilmember Peppler, seconded by
Councilmember Gil.
LATE BREAKING ITEM
Assembly Bill 558 Sponsorship -Noting the need to take action was immediate,
Councilmember Gilbreath moved to add the following item to the agenda which
arose subsequent to the agenda being posted: "Discussion and possible action -
Assembly Bill 558 Sponsorship." Motion seconded by Councilmember Gil and
carried unanimously. Water Resources Chief Headrick reported the City
Attorney and City Manager have recently received information from the offices
of Assemblymen Bill Emmerson and Russ Bogh requesting that the City agree
to sponsor AB 558 and send a letter of support to the Water, Parks and Wildlife
Committee that will hear the bill on April 26, 2005. The bill re-appropriates
approximately $1.25 million of Sports Park grant funds that are set to expire on
June 30, 2005, and extends the deadline for use of the funds to coincide with the
two other Sports Park grants that expire on June 30, 2008. Water Resources
Chief Headrick also reported that staff has re-initiated negotiations with the
U.S. Fish and Wildlife Service regarding mitigation requirements for the
existing Sports Park project site and a mutually beneficial resolution is being
developed. Councilmember Peppler moved to authorize the City of Redlands to
April 19,2005
Page 15
be the sponsor of AB 558 (Emmerson) and to authorize the Mayor to sign and
send a letter to the Water, Parks and Wildlife Committee supporting AB 558.
Motion seconded by Councilmember Gil and carried unanimously.
PUBLIC COMMENTS
Transitional Housing - Reverend Don Wallace asked Mayor Peppler to confirm
if she spoke to Congressman Lewis about the Redlands Charitable Coalition's
proposed transitional housing grant request noting that she did not have
permission from the City Council to do so. He accused her of "backroom
politics" and called for initiation of an investigation and asked Mayor Peppler to
step down from her position as Mayor.
ADJOURNMENT
There being no further business, the City Council meeting adjourned at
1:17 A.M. on. April 20, 2005 The next regular meeting will be held on May 3,
2005.
City Clerk
April 19,2005
Page 16