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HomeMy WebLinkAbout061907_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 June 19, 2007, at 3:00 P.M. PRESENT Jon Harrison, Mayor Gilberto Gil, Councilmember Mick Gallagher, Councilmember Pete Aguilar, Councilmember ABSENT Pat Gilbreath, Mayor Pro Tem STAFF N. Enrique Martinez, City Manager; Daniel J. McHugh, City Attorney; Lorrie Poyzer, City Clerk; Michael Reynolds, City Treasurer; Cletus Hyman, Deputy Police Chief, Jim Drabinski, Fire Chief, Tina Kundig, Finance Director; Ronald C. Mutter, Public Works Director; Gary G. Phelps, Municipal Utilities Director; and Jeffrey L. Shaw, Community Development Director The meeting was opened with an invocation by Mayor Harrison followed by the pledge of allegiance. PRESENTATIONS 365 Club -Mayor Harrison, Deputy Police Chief Hyman and Civilian Volunteer Patrol member Jim Stellar presented "365 Club" membership certificates to its members. Deputy Police Chief Hyman announced the CVPs have given our community 15 years of service and thanked the members for all they do for the City and thanked the "365 Club" members for their generous financial support. CONSENT CALENDAR Minutes - On motion of Councilmember Gallagher, seconded by Councilmember Gil, the minutes of the regular meeting of June 5, 2007, were approved as submitted. Resolution No. 6594 - General Municipal Election - On motion of Councilmember Gallagher, seconded by Councilmember Gil, the City Council adopted, by AYE votes of all present, Resolution No. 6594, a resolution of the City Council of the City of Redlands calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 6, 2007, for the election of certain officers as required by the provision of the laws of the State of California relating to General Law cities. Bills and Salaries - On motion of Councilmember Gallagher, seconded by Councilmember Gil,payment of salaries and bills was acknowledged. June 19,2007 Page 1 Contract - Annual Street Report - On motion of Councilmember Gallagher, seconded by Councilmember Gil, the City Council approved, by AYE votes of all present, a contract with the Office of the State Controller to prepare the City's Annual Street Report for fiscal year ended June 30, 2007, and authorized the Mayor to execute, and the City Clerk to attest to, the document on behalf of the City. MOU - RAMME - On motion of Councilmember Gallagher, seconded by Councilmember Gil, the City Council approved, by AYE votes of all present, Amendment No. 1 to the Memorandum of Understanding with the Redlands Association of Mid-Management Employees agreeing to forgo any pay for floating holidays that are accrued, but unused, during the 2007 calendar year in an attempt to assist the City in meeting its financial challenge. MOU - Redlands Association of Management Employees - On motion of Councilmember Gallagher, seconded by Councilmember Gil, the City Council approved, by AYE votes of all present, Amendment No. 2 to the Memorandum of Understanding with the Redlands Association of Management Employees agreeing to forgo any pay for floating holidays that are accrued, but unused, during the 2007 calendar year in an attempt to assist the City in meeting its financial challenge. Planning Commission Actions - On motion of Councilmember Gallagher, seconded by Councilmember Gil, the report of the Planning Commission meeting held on June 12, 2007, was acknowledged as received. Notice of Environmental Actions - On motion of Councilmember Gallagher, seconded by Councilmember Gil, a report on notices of pending environmental actions and pending projects received from surrounding jurisdictions was acknowledged as received. Time Extension - Ron Simus, Applicant - On motion of Councilmember Gallagher, seconded by Councilmember Gil, the City Council approved, by AYE votes of all present, a time extension and waiver and release of claims relating to the California Environmental Quality Act on Zone Change No. 427, Annexation No. 88, Street Vacation No. 140 and Commission Review and Approval No. 837 to develop 6.68 acres with a mini-storage facility located on. the northeast corner of Wabash Avenue and Nice Avenue. Final Approval - Tract No. 17622 - On motion of Councilmember Gallagher, seconded by Councilmember Gil, the City Council granted,by AYE votes of all present, final approval for Tract No. 17622, the subdivision of 5.69 acres into 12 residential lots and two common area lots for property located at the northwestern corner of Wabash Avenue and Los Altos Drive (Gardner Construction and Development, Applicant). June 19,2007 Page 2 Resolution Nos. 6622-6626 Land Conservation Contracts - On motion of Councilmember Gallagher, seconded by Councilmember Gil, the City Council adopted, by AYE votes of all present, the following resolutions: Williamson Act Contract Removal No. 8 -Resolution No. 6622, a resolution of the City Council of the City of Redlands approving tentative cancellation of Land Conservation Contract No. 74-RO15 and rescinding Resolution No. 6595. Williamson Act Contract Removal No. 9 -Resolution No. 6623, a resolution of the City Council of the City of Redlands approving tentative cancellation of Land Conservation Contract No. 83-R001 and rescinding Resolution No. 6596. Williamson Act Contract Removal No. 10 - Resolution No. 6624, a resolution of the City Council of the City of Redlands approving tentative cancellation of Land Conservation Contract No. 77-RO23 and rescinding Resolution No. 6597. Williamson Act Contract Removal No. 11 - Resolution No. 6625, a resolution of the City Council of the City of Redlands approving tentative cancellation of Land Conservation Contract No. 70-RO02 and rescinding Resolution No. 6598. Williamson Act Contract Removal No. 12 - Resolution No. 6626, a resolution of the City Council of the City of Redlands approving tentative cancellation of Land Conservation Contract No. 72-R010 and rescinding Resolution No. 6599. Settlement Agreement - Jamie Gutierrez - On motion of Councilmember Gallagher, seconded by Councilmember Gil, the City Council acknowledged a Release of All Claims for settlement of a property damage claim submitted by Mr. Jamie Gutierrez. The City Council authorized settlement of this claim and this agreement reflects the Council's terms and conditions for settlement. Contract Award - Funds - Street Improvement Project - Bids were opened and publicly declared on June 4, 2007, by the City Clerk for the construction of the San Mateo Street Reconstruction and University Street and Brockton Avenue Improvement 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 Palm Canyon Contractors, Inc. On motion of Councilmember Gallagher, seconded by Councilmember Gil, the City Council, by AYE votes of all present, awarded the contract for the construction of the San Mateo Street Reconstruction and University Street and Brockton Avenue Improvement Project to Palm Canyon Contractors, Inc. On motion of Councilmember Gallagher, seconded by Councilmember Gil, the City Council approved, by AYE votes of all present, an appropriation of $509,467.00 from Measure I funds to fund this project; a ten percent construction contingency of $46,316.00 is included in this appropriation. June 19,2007 Page 3 Resolution Nos. 6581-6582 - Landscape Maintenance District No. 1 - On motion of Councilmember Gallagher, seconded by Councilmember Gil, the City Council adopted, by AYE votes of all present, Resolution No. 6581, a resolution of the City Council of the City of Redlands giving preliminary approval of the Engineer's Report for Fiscal Year 2007-2008 for Landscape Maintenance District No. 1. On motion of Councilmember Gallagher, seconded by Councilmember Gil, the City Council adopted, by AYE votes of all present, Resolution No. 6582, a resolution of the City Council of the City of Redlands declaring its intention to levy and collect assessments within Redlands Landscape Assessment District No. 1 for Fiscal Year 2007-08 pursuant to the Landscaping and Lighting Act of 1972, and establishing a time (July 17, 2007, at 7:00 P.M.) and place for hearing protests. Resolution Nos. 6585-6586 - Street Lighting District No. 1 - On motion of Councilmember Gallagher, seconded by Councilmember Gil, the City Council adopted, by AYE votes of all present, Resolution No. 6585, a resolution of the City Council of the City of Redlands giving preliminary approval of the Engineer's Report for Fiscal Year 2007-2008 for Street Lighting District No. 1. On motion of Councilmember Gallagher, seconded by Councilmember Gil, the City Council adopted, by AYE votes of all present, Resolution No. 6586, a resolution of the City Council of the City of Redlands declaring its intention to levy and collect assessments within Redlands Street Lighting District No. 1 for Fiscal Year 2007-08 pursuant to the Landscaping and Lighting Act of 1972, and establishing a time (July 17, 2007, at 7:00 P.M.) and place for hearing protests. Agreements - Security Upgrades - Sports Park - On motion of Councilmember Gallagher, seconded by Councilmember Gil, by AYE votes of all present, the City Council approved an agreement with Leverage Information Systems, Inc. (formerly Federal Network Services) for the integrated video system for the Redlands Sports Park in the amount of $39,248.27 the service agreement with Pacific Alarm for a security system for the Redlands Sports Park in the amount of$6,581.00, authorized the Mayor to execute, and the City Clerk to attest to, the documents on behalf of the City, and authorize Change Order No. 2 to the contract with Rymax Electric, Inc. in the amount of$30,470.00 for installation of security upgrades for the Redlands Sports Park. Agreement - Mountain View Grove - The dedication and maintenance agreement with Bixby Land Company for the Mountain View Grove for the dedication of 14 acres of improved property was withdrawn from the agenda at the request of Bixby Land Company. Local Emergency Repo - On motion of Councilmember Gallagher, seconded by Councilmember Gil, the City Council acknowledged receipt of the report from the Municipal Utilities Department regarding the status of the declared local emergency at the Hinckley Water Treatment Plant and North Orange Well Field. June 19,2007 Page 4 Water Stock Purchase - On motion of Councilmember Gallagher, seconded by Councilmember Gil, the City Council approved, by AYE votes of all present, the purchase of 600 shares of Bear Valley Mutual Water Company stock from Robert Break for a total price of$81,000.00. Agreement - Hinckley Water Treatment Plant - On motion of Councilmember Gallagher, seconded by Councilmember Gil, the City Council approved, by AYE votes of all present, an agreement with Tom Jurgens to furnish inspection. and consulting services in the amount of $9,800.00 for the Hinckley Water Treatment Plant and authorized the Mayor to execute, and the City Clerk to attest to, the document on behalf of the City. Contract - CLETS - On motion of Councilmember Gallagher, seconded by Councilmember Gil, the City Council approved, by AYE votes of all present, a contract with the San Bernardino County Sheriffs Department for access to, and maintenance of, the California Law Enforcement Telecommunications System (CLETS) and authorized the Mayor to execute, and the City Clerk to attest to, the document on behalf of the City. Resolution No. 6614 - Destruction of Records - On motion of Councilmember Gallagher, seconded by Councilmember Gil, the City Council adopted, by AYE votes of all present, Resolution No. 6614, a resolution of the City Council of the City of Redlands approving the destruction of certain public records in the Animal Control Division of the Police Department. Ordinance No. 2666 - Redevelopment Eminent Domain Program - Ordinance No. 2666, an ordinance of the City of Redlands amending the Redevelopment Plan for the Redlands :Redevelopment Project Area to adopt an eminent domain program, was adopted, by AYE votes of all present, on motion of Councilmember Gallagher, seconded by Councilmember Gil. COMMUNICATIONS Meeting;Attendance -No reports forthcoming. Resolution No. 6627 - Pension Obligation Bonds - Finance Director Kundig presented Resolution No. 6627, a resolution of the City Council of the City of Redlands supplementing Resolution No. 6590 providing for the issuance of one or more series of City of Redlands Taxable Pension Obligation Bonds, and approving the forms of and authorizing the execution and delivery of indenture, bond purchase agreement and official statement and authorizing certain other actions in connection therewith. Representatives from Urban Futures and De La Rosa & Company were present to answer questions. Councilmember Aguilar moved to adopt Resolution No. 6627. Motion seconded by Councilmember Gallagher and carried by AYE votes of all present. Councilmember Aguilar June 19,2007 Page 5 moved to authorize De La Rosa & Company to act as underwriter for the bonds. Motion seconded by Councilmember Gallagher and carried by AYE votes of all present. Mayor's Blue Ribbon Committee - Mayor Harrison updated Councilmembers regarding the formation of a Mayor's Blue Ribbon Committee. The committee will meet in a public forum under the rules of the Brown Act which will provide the committee with access to staff. Mayor Harrison expects to appoint this citizens' advisory committee at the July 3, 2007, adjourned regular meeting of the City Council. Ballot Measures - City Manager Martinez recommended continuing the discussion relating to the possible submission to the voters at the November 2007 election proposals to establish business license rates for warehouses and distribution centers and to increase the Transient Occupancy Tax (TOT). He reported he met with 12 individuals representing hotels in Redlands recently who are opposed to increasing the TOT. Speaking in opposition of the proposal to increase the transient occupancy tax were: Nimesh Patel, County Inn and Suites; Navin Makan, County Inn and Suites; and Patel Gayatri, Comfort Suites. Paul Barich, Redlands Chamber of Commerce, strongly suggested asking the Mayor's Blue :Ribbon Committee to review these proposals. Following discussion, Councilmember Gallagher moved to continue this discussion to the July 3, 2007, adjourned regular meeting to be held at 9:00 A.M. Motion seconded by Councilmember Gil and carried by AYE votes of all present. Adjourned Session - Councilmembers concurred to adjourn this meeting to July 3, 2007, at 9:00 A.M. to appoint members to the Mayor's Blue Ribbon Committee and allow for a detailed presentation and discussion of service performance standards and financial strategies for Fiscal Years 2008-2009 and 2009-2010. PUBLIC HEARING Resolution No. 6616 - Appropriations Limit - Public hearing was advertised for this time and place to consider Resolution No. 6616, a resolution of the City Council of the City of Redlands establishing an appropriation limit for the Fiscal Year 2007-2008 pursuant to Article XIIIB of the California Constitution. Mayor Harrison declared the meeting open as a public hearing. Finance Director Kundig reported in November 1979, the California voters approved Proposition 4 which places limits on the amount of revenue to be spent by all entities of government. Each year, generally upon submittal of the adopted budget, the City Council must adopt an appropriations limit, commonly referred to as a "Gann Limit" or "Proposition 4 Limit." Each year, the City of Redlands has consistently maintained an exceedingly wide and comfortable margin between its limits and its proceeds of taxes subject to the limit. Mayor Harrison called for any public comments. There being no verbal or written comments, the June 19,2007 Page 6 public hearing was declared closed. Councilmember Aguilar moved to adopt Resolution No. 6616 establishing an $81,816,738.00 appropriations limit for Fiscal Year 2007-2008 pursuant to Article XIIIB of the California Constitution. Motion seconded by Councilmember Gallagher and carried by AYE votes of all present. CLOSED SESSION The City Council meeting recessed at 3:40 P.M. to a closed session to discuss the following: 1. Conference with real property negotiator- Government Code §54956.8 Property: Portions of APNs 0167-011-09, 11, 12 and 13 Negotiating parties: N. Enrique Martinez, Jeff Shaw and CEMEX Under negotiation: Terms and price of possible conveyance of property The meeting reconvened at 7:00 P.M. PRESENT Jon Harrison, Mayor Gilberto Gil, Councilmember Mick Gallagher, Councilmember Pete Aguilar, Councilmember ABSENT Pat Gilbreath, Mayor Pro Tem STAFF N. Enrique Martinez, City Manager; Daniel J. McHugh., City Attorney; Lorrie Poyzer, City Clerk; Teresa Ballinger, Assistant City Clerk; Michael Reynolds, City Treasurer; Cletus Hyman, Deputy Police Chief, Jim Drabinski, Fire Chief, Tina Kundig, Finance Director; Ronald C. Mutter, Public Works Director; Gary G. Phelps, Municipal. Utilities Director; and Jeffrey L. Shaw, Community Development Director CLOSED SESSION REPORT None forthcoming. LAND USE AND PUBLIC HEARINGS Adrian Gans, Applicant- Public notice was advertised for this time and place to consider a Draft Mitigated Negative Declaration as well as a public hearing for a Socio-Economic Analysis and Cost/Benefit Study and 1. Public hearing to consider General Plan Amendment No. 2007-2-A (General Plan Amendment No. 113) - A General Plan amendment to change the land use designation from Low-Density Residential (0-6 dwelling units per acre) to Medium-Density Residential (0-15 dwelling units per acre) for 3.63 acres located on the east side of Webster Street, north of Lugonia Avenue in the June 19,2007 Page 7 R-1 (Single Family Residential) District (proposed R-2, Multiple Family Residential District); 2. Public hearing to consider introduction and first reading of the title of Ordinance No. 2669 - Zone Change No. 426 - A change of zone from R-1 (Single Family Residential) District to R-2 (Multiple Family Residential) District for 3.63 acres located on the east side of Webster Street north of Lugonia Avenue; 3. Consideration of a Density Bonus Housing Agreement to allow a 35 percent increase above the maximum residential density permitted by the Medium- Density Residential General Plan designation and the R-2 (Multiple Family Residential) District zoning proposed for the project site, and including two development incentives that would allow a reduction in the required parking and allow buildings to exceed the maximum linear dimension requirement for a proposed seventy-one (71) unit senior housing complex on approximately 3.63 acres located on the east side of Webster Street north of Lugonia Avenue; and 4. Public hearing to consider Conditional Use Permit No. 889 - A Conditional Use Permit to develop a seventy-one (71) unit senior housing complex on approximately 3.63 acres located on the east side of Webster Street north of Lugonia Avenue in the R-1 (Single Family Residential) District (proposed R-2, Multiple Family Residential District). Mayor Harrison declared the meeting open as a public hearing. Community Development Director Shaw reviewed the proposed project. Mayor Harrison called for public comments. Mr. Gaus, the applicant, addressed the City Council telling of the need for senior, affordable housing especially on the north side of Redlands. Representing the North Redlands Vision Committee and other north Redlands organizations, Mario Saucedo urged approval of the project and the density bonus agreement. Cindy Huckelberry-Hotchner urged that large ramps for wheelchairs be constructed and an elevator be provided in at least one of the buildings. The architect responded that their experience has shown that an elevator is not really needed in this type of facility. Oscar Sepp suggested hand-holds be installed in the bathroom areas. Mr. Gaus responded this will be done. Joe Gonzales asked about crosswalks on Lugonia Avenue near the Boys and Girls Club. There being no further comments, the public hearing was declared closed. General Plan Amendment No. 2007-2-A - Councilmember Aguilar moved to indicate the City Council's support for this component of Resolution. No. 6620 for General Plan Amendment No. 2007-2-A as described above. Motion seconded by Councilmember Gallagher and carried by AYE votes of all present. Mitigated Negative Declaration - Councilmember Aguilar moved to approve the Mitigated Negative Declaration for General Plan Amendment No. 113, Zone Change No. 426 and Conditional Use Permit No. 889 and within five days after the adoption of Ordinance No. 2669 directed staff to file and post a Notice of Determination in accordance with the City's guidelines based on. the finding that the project will not have a significant effect on the June 19,2007 Page 8 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. Motion seconded by Councilmember Gallagher and carried by AYE votes of all present. Socio-Economic Analysis and Cost/Benefit Study_ - Councilmember Aguilar moved to approve the Socio-Economic Analysis and Cost/Benefit Study for General Plan Amendment No. 113, Zone Change No. 426 and Conditional Use Permit No. 889 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 Gallagher and carried by AYE votes of all present. Ordinance No. 2669 - Zone Change No. 426 - Ordinance No. 2669, an. ordinance of the City of Redlands amending Title 18 of the Redlands Municipal Code revising the City's Land Use Zoning Map and approving Zone Change No. 426, was read by title only by City Clerk Poyzer, and on motion of Councilmember Aguilar, seconded by Councilmember Gallagher, further reading of the ordinance text was waived, and Ordinance No. 2669 was introduced by AYE votes of all present and laid over under the rules with adoption scheduled for July 3, 2007. Density Bonus Agreement - Councilmember Aguilar moved to continue consideration of a density bonus agreement with Housing Partners I, Incorporated for Assessor's Parcel No. 167-201-68 to July 17, 2007, as recommended by staff. Motion seconded by Councilmember Gallagher and carried by AYE votes of all present. High-Density Residential Project - Councilmember Aguilar moved to adopt the findings contained in the staff report to allow a high-density residential project in excess of 18 dwelling units per acre in accordance with Section 4.40 of the Redlands General. Plan. Motion seconded by Councilmember Gallagher and carried by AYE votes of all present. Conditional Use Permit No. 889 - Councilmember Aguilar moved to approve Conditional Use Permit No. 889 subject to the conditions of approval and findings contained in the staff report. Motion seconded by Councilmember Gallagher and carried by AYE votes of all present. 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. Public notice was advertised for this time and place to consider a Draft Mitigated Negative Declaration as well as a public hearing for a Socio-Economic Analysis and Cost/Benefit Study and 1. Public hearing to consider General Plan Amendment No. 2007-2-B (General Plan Amendment No. 114) - A General Plan amendment to change the land use designation from High-Density Residential (0-27 units per gross acre), to Office on approximately one (1) acre located on the north side of State Street, east of New York Street; June 19,2007 Page 9 2. Public hearing to consider introduction and first reading of the title of Ordinance No. 2670 - Zone Change No. 430 - A change of zone from R-2 (Multiple Family Residential) District to A-P (Administrative and Professional Office) District on one (1) acre of land located on the north side of State Street, east of New York Street; 3. Public hearing to consider Variance No. 745 - A variance from Redlands Municipal Code Section 18.168.210 for a reduction in the required parking area landscaping for a proposed parking lot to be developed over a portion of the Mission Flood Channel located immediately north of the SSRI Campus between New York Street and Tennessee Street in the M-2 (General Industrial) District; and 4. Public hearing to consider Minor Subdivision No. 310 - A minor subdivision (Tentative Parcel. Map No. 18165) to subdivide approximately 26.98 acres into six (6) lots within the campus of SSRI, located generally north of State Street, east of Tennessee Street, south of Redlands Boulevard and west of Texas Street in the A-P (Administrative and Professional Office) District and R-2 (Multiple Family Residential) District(proposed for change to A-P (Administrative and Professional Office) District.) Acting Mayor Gil declared the meeting open as a public hearing. Community Development Director Shaw reviewed the proposed project. Acting Mayor Gil called for public comments. On behalf of the applicant, Don Berry addressed the City Council urging approval of the project. Mario Saucedo, North Redlands Vision Committee, asked if there would be any more future street closings. Mr. Berry responded his company does not anticipate any more street vacations. There being no further comments, the public hearing was declared closed. General Plan Amendment No. 2007-2-B - Councilmember Gallagher moved to indicate the City Council's support for this component of Resolution No. 6620 for General Plan Amendment No. 2007-2-B as described above. Motion seconded by Councilmember Aguilar and carried by the following vote: AYES: Councilmembers Gil, Gallagher and Aguilar NOES: None ABSTAINED: Councilmember Harrison ABSENT: Councilmember Gilbreath Mitigated Negative Declaration - Councilmember Gallagher moved to approve the Mitigated Negative Declaration for General Plan Amendment No. 114, Zone Change No. 430, Variance No. 745 and Minor Subdivision No. 310 and, within five days after the adoption of Ordinance No. 2670, directed staff to file and post a Notice of Determination in accordance with the City's guidelines 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. Motion seconded by Councilmember Aguilar and carried by the following vote: AYES: Councilmembers Gil, Gallagher and Aguilar June 19,2007 Page 10 NOES: None ABSTAINED: Councilmember Harrison ABSENT: Councilmember Gilbreath Socio-Economic Analysis and Cost/Benefit Study - Councilmember Gallagher moved to approve the Socio-Economic Analysis and Cost/Benefit Study for General Plan Amendment No. 114, Zone Change No. 430, Variance No. 745 and Minor Subdivision No. 310 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 Aguilar and carried by the following vote: AYES: Councilmembers Gil, Gallagher and Aguilar NOES: None ABSTAINED: Councilmember Harrison ABSENT: Councilmember Gilbreath Ordinance No. 2670 - Zone Change No. 430 - Ordinance No. 2670, an ordinance of the City of Redlands amending Title 18 of the Redlands Municipal Code revising the City's Land Use Zoning Map and approving Zone Change No. 430, was read by title only by City Clerk Poyzer, and on motion of Councilmember Gallagher, seconded by Councilmember Aguilar, further reading of the ordinance text was waived, and Ordinance No. 2670 was introduced, by AYE votes of all present, and laid over under the rules with adoption scheduled for July 3, 2007, by the following vote: AYES: Councilmembers Gil, Gallagher and Aguilar NOES: None ABSTAINED: Councilmember Harrison ABSENT: Councilmember Gilbreath Variance No. 745 - Councilmember Gallagher moved to approve Variance No. 745 subject to the conditions of approval and findings contained in the staff report. Motion seconded by Councilmember Aguilar and carried by the following vote: AYES: Councilmembers Gil, Gallagher and Aguilar NOES: None ABSTAINED: Councilmember Harrison ABSENT: Councilmember Gilbreath Minor Subdivision No. 310 - Councilmember Gallagher moved to approve Minor Subdivision No. 310 subject to the conditions of approval and findings contained in the staff report. Motion seconded by Councilmember Aguilar and carried by the following vote: AYES: Councilmembers Gil, Gallagher and Aguilar NOES: None ABSTAINED: Councilmember Harrison ABSENT: Councilmember Gilbreath ABSENT: Councilmember Gilbreath June 19,2007 Page 11 Redlands Land Acquisition Company L. P., Applicant (Redlands Promenade) - Public notice was advertised for this time and place to hold a public hearing for a Socio-Economic Analysis and Cost/Benefit Study and 1. Public hearing to consider General Plan Amendment No. 2007-2-C (General Plan Amendment No. 1.1.5) - A General Plan amendment to change the land use designation from Commercial/Industrial to Commercial of twelve (12) contiguous parcels comprising 2.91 acres located on the south side of Stuart Avenue, west of Eureka Street; 2. Public hearing to consider General Plan Amendment No. 2007-2-D (General Plan Amendment No. 116) - A General Plan amendment to amend Figure 5.1 (Trafficway Network) of the Circulation Element to change the designation of approximately 800 linear feet of Stuart Avenue, west of Eureka Street, from a Collector street to a Local street; 3. Public hearing to consider introduction and reading of the title of Ordinance No. 2671 to approve Specific Plan No. 45, Amendment No. 11 - Amend the Downtown Specific Plan Land Use Map (Figure 2) to change the land use designation of twelve (12) contiguous parcels comprising 2.91 acres from Service Commercial District to Town Center District located on the south side of Stuart Avenue, west of Eureka Street; to approve Specific Plan No. 45, Amendment No. 12 - Amend Section IV(A)(3)(c) of the Downtown Specific Plan to change the designation of approximately 800 linear feet of Stuart Avenue, west of Eureka Street, from a Special Collector street to a Local street; and to approve Specific Plan No. 45, Amendment No. 13 amend Section VI(B)(8) of the Downtown Specific Plan to modify the sign criteria by allowing an increase in sign area for multiple-tenant buildings fronting on a street with parking at the rear of the buildings; 4. Public hearing to consider Resolution No. 6628 to approve Street Vacation No. 141 - The vacation approximately 575 linear feet of an alley located west of Eureka Street and north of Stuart Avenue in the Town Center District of the Downtown Specific Plan; 5. Public hearing to consider Conditional Use Permit No. 905 - A Conditional Use Permit to construct a 149,800 square foot commercial center containing retail, restaurant, and office uses and including a health club and drive- through facilities for a financial institution on approximately 13.2 acres located south of the Interstate 10 freeway and west of Eureka Street in the Town Center District north of Stuart Avenue and Service Commercial District south of Stuart Avenue (proposed to be changed to Town Center District) of the Downtown Specific Plan; 6. Public hearing to consider Minor Subdivision No. 312 - A minor subdivision to subdivide approximately 13.2 acres into twelve (12) parcels within a proposed commercial center located south of the Interstate 1.0 freeway and west of Eureka Street in the Town Center District north of Stuart Avenue and Service Commercial District south of Stuart Avenue (proposed to be changed to Town Center District) of the Downtown Specific Plan; and June 19,2007 Page 12 7. Public hearing to consider Commission Sign Review No. 319 - A uniform sign program for a proposed 149,800 square foot commercial center located south of the Interstate 10 freeway and west of Eureka Street in the Town Center District north of Stuart Avenue and Service Commercial District south of Stuart Avenue (proposed to be changed to Town Center District) of the Downtown Specific Plan. Mayor Harrison declared the meeting open as a public hearing. Community Development Director Shaw reviewed the proposed project noting the following conditions of approval require the applicant to come back to the Planning Commission for final approval: design of the sound walls along the west property lines; design of all pedestrian areas within the center including the street-facing patios in front of the storefronts along Eureka Street; final landscape plan; final design of all lighting within the center which includes parking lot, building-mounted and pedestrian lighting; and modifications to various building elevations. The Planning Commission also addressed Marion Conley's concern about the alley vacation by recommending the City Council condition the street vacation to not be recorded until such time the applicant has acquired these properties, Mayor Harrison called for public comments. Martin Vahtra, the applicant, addressed the City Council. Councilmembers expressed a desire for some flexibility on the corner treatment of the project and Mr. Vahtra promised to return with at least two options. Mario Saucedo, North Redlands Vision Committee, suggested architectural enhancements to celebrate our cultural diversity and acknowledge this area as "Old Chinatown." Mary Weller, owner of a parcel on Stuart Avenue, asked what the time frame was for this project and when she could expect to receive the next cash offer for her property. Kirk Pelser, Redevelopment Agency consultant, reported the Disposition and Development Agreement, which will have timelines for phasing of the development, is scheduled for Redevelopment Agency action on July 17, 2007. There being no further comments, the public hearing was declared closed. General Plan Amendment No. 2007-2-C - Councilmember Aguilar moved to indicate the City Council's support for this component of Resolution No. 6620 for General Plan Amendment No. 2007-2-C as described above. Motion seconded by Councilmember Gallagher and carried by AYE votes of all present. General Plan Amendment No. 2007-2-D - Councilmember Aguilar moved to indicate the City Council's support for this component of Resolution No. 6620 for General Plan Amendment No. 2007-2-D as described above. Motion seconded by Councilmember Gallagher and carried by AYE votes of all present. Ordinance No. 2671 - Specific Plan No. 45 Amendments - Ordinance No. 2671, an ordinance of the City of Redlands amending Ordinance Nos. 2185, 2269, 2338, 2398, 2415, 2516, 2538, 2572 and 2591 relating to land use, circulation and signage for the City of Redlands Specific Plan No. 45 (Amendments Nos. 11, 12 and 13), was read by title only by City June 19,2007 Page 13 Clerk Poyzer, and on motion of Councilmember Aguilar, seconded by Councilmember Gallagher, further reading of the ordinance text was waived, and Ordinance No. 2671 was introduced, by AYE votes of all present, and laid over under the rules with adoption scheduled for July 3, 2007. Resolution No. 6628 - Street Vacation No. 141 - Councilmember Aguilar moved to adopt Resolution No. 6628, a resolution of the City Council of the City of Redlands finding that an alley located north of Stuart Avenue, west of Eureka Street, is unnecessary for present or prospective street purposes and ordering the vacation of said alley (Street Vacation No. 141). Motion seconded by Councilmember Gallagher and carried by AYE votes of all present. Socio-Economic Analysis and Cost/Benefit Study_ - Councilmember Aguilar moved to approve the Socio-Economic Analysis and Cost/Benefit Study for Conditional Use Permit No. 905 and Minor Subdivision No. 312 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 Gallagher and carried by AYE votes of all present. Conditional Use Permit No. 905 - Councilmember Aguilar moved to approve Conditional. Use Permit No. 905 subject to the findings and conditions of approval contained in the staff report. Motion seconded by Councilmember Gallagher and carried by AYE votes of all present. Minor Subdivision No. 312 - Councilmember Aguilar moved to approve Minor Subdivision No. 312 subject to the findings and conditions of approval contained in the staff report. Motion seconded by Councilmember Gallagher and carried by AYE votes of all present. Commission Sign Review No. 319 - Councilmember Aguilar moved to approve Commission Sign Review No. 319. Motion seconded by Councilmember Gallagher and carried by AYE votes of all present. Norton Community Credit Union, Applicant - Public notice was advertised for this time and place to consider a Draft Mitigated Negative Declaration as well as a public hearing for a Socio-Economic Analysis and Cost/Benefit Study and 1. Public hearing to consider General Plan Amendment No. 2007-2-E (General Plan Amendment No. 118) - A General Plan amendment to modify the designation of Lugonia Avenue from a Major Arterial roadway to a Minor Arterial roadway between California Street on the west to the 210 Freeway overpass at Citrus Plaza Drive on the east and 2. Public hearing to consider Resolution No. 6621 to adopt Specific Plan No. 40, Amendment No. 37 - Amendment to the East Valley Corridor Specific Plan modifying section EV 4.0105(C) changing the designation of Lugonia Avenue from a major highway to a secondary highway between Alabama Street on the west to the 210 freeway overpass at Citrus Plaza Drive on the east. June 19,2007 Page 14 Mayor Harrison declared the meeting open as a public hearing. Community Development Director Shaw reviewed the proposed project. Mayor Harrison called for public comments. On behalf of the applicant, Pat Meyer was available for questions. There being no verbal or written comments, the public hearing was declared closed. Negative Declaration - Councilmember Gallagher moved to approve the Negative Declaration for General Plan Amendment No. 118 and Specific Plan No. 40, Amendment No. 37, 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 Gil and carried by AYE votes of all present. General Plan Amendment No. 2007-2-E - Councilmember Gallagher moved to indicate the City Council's support for this component of Resolution No. 6620 for General Plan Amendment No. 2007-2-E as described above. Motion seconded by Councilmember Gil and carried by AYE votes of all present. Resolution No. 6621 - Specific Plan Amendment No. 40 Amendment - Councilmember Gallagher moved to adopt Resolution. No. 6621, a resolution of the City Council of the City of Redlands amending Resolution No. 6105 (Specific Plan No. 40) relating to the designation of Lugonia Avenue. Motion seconded by Councilmember Gil and carried by AYE votes of all present. Resolution No. 6620 - General Plan Amendments - Due to a potential conflict of interest in regards to General Plan Amendment No. 2007-2-B , 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. Acting Mayor Gil again conducted this portion of the meeting. Public hearing were held earlier in this meeting to consider the following components of Resolution No. 6620: 1. General Plan Amendment No. 2007-2-A - A General Plan amendment to change the land use designation from Low-Density Residential (0-6 dwelling units per acre) to Medium-Density Residential (0-15 dwelling units per acre) for 3.63 acres located on the east side of Webster Street north of Lugonia Avenue in the R-1 (Single Family Residential) District (proposed R-2, Multiple Family Residential District) - Adrian Gaus, Applicant 2. General Plan Amendment No. 2007-2-B - A General Plan amendment to change the land use designation from High-Density Residential (0-27 units per gross acre), to Office on approximately one acre located on the north side of State Street, east of New York Street-ESRI, Applicant 3. General Plan Amendment No. 2007-2-C - A General Plan amendment to change the land use designation from Commercial/Industrial to Commercial of twelve (12) contiguous parcels comprising 2.91 acres located on the June 19,2007 Page 15 south side of Stuart Avenue, west of Eureka Street - Redlands Land Acquisition Company L.P., Applicant 4. General Plan Amendment No. 2007-2-D - A General Plan amendment to amend Figure 5.1 (Trafficway Network) of the Circulation Element to change the designation of approximately 800 linear feet of Stuart Avenue, west of Eureka Street, from a Collector street to a Local street - Redlands Land Acquisition Company L.P., Applicant 5. General Plan Amendment No. 2007-2-E - A General Plan amendment to modify the designation of Lugonia Avenue from a Major Arterial roadway to a Minor Arterial roadway between California Street on the west to the 210 Freeway overpass at Citrus Plaza Drive on the east - Norton Community Credit Union, Applicant. Councilmember Aguilar moved to approve Resolution No. 6620, a resolution of the City Council of the City of Redlands adopting proposed Amendment Nos. 2007-2-A, 2007-2-B, 2007-2-C, 2007-2-D and 2007-2-E, to the Redlands General Plan as the City's second cycle General Plan Amendment for Calendar Year 2007. Motion seconded by Councilmember Gallagher and carried by the following vote: AYES: Councilmembers Gil, Gallagher and Aguilar NOES: None ABSTAINED: Councilmember Harrison ABSENT: Councilmember Gilbreath NEW BUSINESS Residential Building Record Reports - Ordinance No. 2668, an ordinance of the City of Redlands adding Chapter 15.28 to the Redlands Municipal Code relating to residential building record reports and Resolution No. 6615, a resolution of the City Council of the City of Redlands establishing specific fees and charges to recover costs reasonably born in conjunction with residential building record reports and a service agreement with NetAssets Corporation to provide for the data configuration and set up process, provide the website to receive requests for property reports and provide the property reports utilizing City data were withdrawn from the agenda. Community Development Director Shaw indicated staff would return with this request in September, 2007. Ordinance No. 2667 - Personnel System - Acting Administrative Services Director Kundig explained the City Council adopted Resolution No. 6547 on September 19, 2006, which established the position of Assistant City Manager. At this time, it is recommended that the Assistant City Manager position be exempted from the regulations governing the City's personnel system to be consistent with other positions exempted from those regulations including City Attorney, City Manager, department heads and elective officers. Ordinance No. 2667, an ordinance of the City of Redlands amending Chapter 2.56 of the Redlands Municipal Code relating to the June 19,2007 Page 16 City's personnel system, was read by title only by City Clerk Poyzer, and on motion of Councilmember Gallagher, seconded by Councilmember Gil, further reading of the ordinance text was waived, and Ordinance No. 2667 was introduced and laid over under the rules with adoption scheduled for July 3, 2007. Green and Clean Community - Community Development Director Shaw explained that many communities in the United States and in our local area are evaluating the importance of establishing goals, policies and standards that address our environment. It was recommended that a work program be developed to ensure that our goal of developing and adopting a Sustainable Redlands Policy by January 2008 be accomplished. Councilmember Harrison moved to direct staff to bring back a work program to develop policy and goal statements regarding city-wide environmental policies for Redlands. Motion seconded by Councilmember Gallagher and carried by AYE votes of all present. Councilmember Harrison moved to direct staff to organize a symposium that brings together experts who know how to create a "green and clean" sustainable community and share those ideas with the leaders of Redlands and surrounding Inland Empire communities. Motion seconded by Councilmember Gallagher and carried by AYE votes of all present. Councilmember Aguilar expressed his appreciation to Mayor Harrison for his leadership in this program. Ordinance No. 2662 - USEPA Regulations - Municipal Utilities Director Phelps reported on May 10, 2006, an inspector from the Environmental Protection Agency conducted a pretreatment compliance inspection of the City's pretreatment program. This inspection found the City's pretreatment program is implemented properly and is generally in compliance with USEPA regulations. However, there are necessary changes that need to be made to the City's Municipal Code to incorporate new mandated USEPA regulations. These changes are primarily geared towards the City's two significant industrial users and will require them to perform additional sampling and monitoring of the waste entering the City's sewer system. Ordinance No. 2662, an ordinance of the City of Redlands amending Chapter 13.52 of the Redlands Municipal Code relating to the pretreatment and regulation of wastes, was read by title only by City Clerk Poyzer, and on motion of Councilmember Gil, seconded by Councilmember Gallagher, further reading of the ordinance text was waived, and Ordinance No. 2662 was introduced and laid over under the rules with adoption scheduled for July 3, 2007. PUBLIC COMMENTS Complaint - Cindy Huckelberry-Hotchner asked the City to revoke the business license for Jenny the Physic as she took $37,000.00 from Ms. Huckelberry- Hotchner and did not help her. June 19,2007 Page 17 Financial Savings - Joe Lanspa suggested giving the Fire Department to the State for a financial savings and that future buildings should use recycled materials. He also asked why the City was collecting a street sweeping fee but not providing the service on his street. He also asked that the Roosevelt Road access to Redlands High School be repaved with speed bumps and that the access to Redlands High School be closed. ADJOURNMENT There being no further business, the City Council meeting adjourned at 9:06 P.M. to an adjourned regular meeting to be held on July 3, 2007, at 9:00 A.M. in the City Council Chambers, 35 Cajon Street, Redlands, California. Mayor Harrison announced the City Council will hold a special meeting on Wednesday, June 27, 2007, at 12:00 Noon in the Casa Loma Room, University of Redlands, 1200 East Colton Avenue, for the Redlands Chamber of Commerce's State of the Community luncheon. City Clerk June 19,2007 Page 18