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HomeMy WebLinkAbout2022_07_19 - RegularMINUTES Regular meeting of the City Council of the City of Redlands held in the Council Chambers, Civic Center, 35 Cajon Street, on July 19, 2022 at 5:00 P.M. Present: Staff: Paul Barich, Mayor Eddie Tejeda, Mayor Pro Tempore Denise Davis, Council Member Jenna Guzman -Lowery, Council Member Mick Gallagher, Council Member Charles M. Duggan, Jr., City Manager; Yvette M. Abich Garcia, City Attorney; Robert Dawes, City Treasurer; Jeanne Donaldson, City Clerk; Janice McConnell, Assistant City Manager; Chris Boatman, Assistant City Manager; Chris Catren, Police Chief; Danielle Garcia, Management Services/Finance Director; Brian Desatnik, Development Services Director; John Harris, Municipal Utilities and Engineering Director; David Ketcherside, Fire Battalion Chief Mayor Barich called the meeting to order and explained that comments could be presented in -person, via Zoom, via cell phone or landline He offered the public an opportunity to provide comment on any item on the agenda for the closed session. PUBLIC COMMENT Coyote Aviation - Gil Brown stated that Coyote Aviation did not receive the 20-year lease term as negotiated in 2000 with the City, and he insisted the timeline used as a basis to terminate the lease was inaccurate. He urged the Council for a fair negotiation process. CLOSED SESSION Conference with legal counsel: Existing Litigation - Government Code §54956.9(d)(1) (City Attorney Garcia) One Case: a. Coyote Aviation Corporation v. City of Redlands; San Bernardino Superior Court Case No. CIVDS 2203398 Conference with labor negotiator - Government Code §54957.6 (Assistant City Manager McConnell) CC_July 19, 2022 Page 1 Agency Negotiator: Laura Kalty, Liebert Cassidy Whitmore; Janice McConnell; Tommi Ng, Danielle Garcia Employee Redlands Association of Department Directors Organizations: Redlands Association of Management Employees Redlands Association of Mid -Management Employees Redlands Association of Safety Management Employees Redlands Association of Fire Management Employees Redlands Police Officers Association Redlands Professional Firefighters Association Redlands Civilian Safety Employees Teamsters Local 1932 Redlands Chapter RECONVENE CITY COUNCIL MEETING The meeting reconvened at 6:32 P.M. with an invocation by Council Member Davis followed by the pledge of allegiance to the American flag. CLOSED SESSION REPORT City Attorney Abich Garcia announced that no reportable action was taken during the closed session. PRESENTATIONS Proclamation Village Second Baptist Church 130th Anniversary Mayor Barich presented a Proclamation in celebration of the 130th anniversary of the Village Second Baptist Church to Associate Pastor Margarete Green. PUBLIC COMMENT Public comments were presented either in -person, via Zoom, via cell phone or landline. One Redlands - Gail Howard stated she thought the Council had fairly addressed the needs of both the north side and the south side of town when approving improvement projects. She viewed the City as one, and every project undertaken, north or south, played a vital role in the success of the whole community. CONSENT CALENDAR Minutes On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, the minutes of the July 5, 2022 regular meeting. Vote: 5 - 0 Passed CC_July 19, 2022 Page 2 Proclamation The Village SBC 130th Anniversary On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, the issuance of a proclamation recognizing The Village SBC (Second Baptist Church) for 130 years of service to the community. Vote: 5 - 0 Passed MUPW Commissioner Appointment On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, the City Council unanimously appointed, by roll call vote, Robert Meals to serve the remainder of a four-year term on the Municipal Utilities/Public Works Commission ending November 16, 2025. Vote: 5 - 0 Passed Resolution No. 8369 Remote Teleconference Meetings On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, Resolution No. 8369 authorizing remote teleconference meetings by the City Council and all Boards, Commissions, and Committees of the City in accordance with Assembly Bill 361 (2021) for a period of 30 days. Vote: 5 - 0 Passed Ordinance No. 2935 E-Filing Campaign Statements & Form 700 On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, the City Council unanimously adopted, by roll call vote, Ordinance No. 2935, adding Chapter 2.74 of the Municipal Code relating to electronic filing of Campaign Finance Disclosure Statements and Statements of Economic Interest. Vote: 5 - 0 Passed Emergency Resolution No. 8065 Report On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, to receive and file the report regarding Emergency Resolution No. 8065 proclaiming the existence of a local emergency in response to COVID-19 (Coronavirus Disease 2019). Vote: 5 - 0 Passed Resolution No. 8366 Appropriations Limit FY 2022-2023 On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, Resolution No. 8366 establishing an Appropriations Limit for Fiscal Year 2022-2023. Vote: 5 - 0 Passed CC_July 19, 2022 Page 3 Renewal NeoGov Software On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, the three-year service renewal with Neogov, the City's Insight, Learn and Perform Software, in the amount of $158,634. Vote: 5 - 0 Passed University of Redlands Donation On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, the City Council unanimously accepted, by roll call vote, the donation from the University of Redlands of $24,200; authorized the expenditure of $3,500 on behalf of the City and the A. K. Smiley Public Library as designated by the University of Redlands; and approved additional appropriations totaling $20,700 for the corresponding expenditures in the Police and Fire Departments. Vote: 5 - 0 Passed SBCTA Maintenance Agreement Passenger Rail Crossings On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, the City Council unanimously determined, by roll call vote, approval of the Maintenance Agreement for Redlands Passenger Rail Project At -Grade Crossings is exempt from environmental review pursuant to Section 15301(c) of the State's guidelines implementing the California Environmental Quality Act; and approved the Maintenance Agreement for Redlands Passenger Rail Project At -Grade Crossings with the Southern California Regional Rail Authority. Vote: 5 - 0 Passed Replacement of Streetlights Energy -Efficient LED Lights On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, the First Amendment to the Non -Professional Services Agreement with Tanko Streetlighting, Inc. to replace City -owned streetlights with energy -efficient LED lights, to extend the project completion deadline to March 1, 2023. Vote: 5 - 0 Passed Resolution No. 8358 Levying Special Taxes CFD 2004-1 On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, Resolution No. 8358 levying special taxes with the City of Redlands Community Facilities District No. 2004-1, to collect revenue to offset landscape maintenance expenses. Vote: 5 - 0 Passed CC_July 19, 2022 Page 4 Resolution No. 8368 Ad Valorem Taxes Exchanged On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, the City Council unanimously determined, by roll call vote, that the Resolution is exempt from environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act Guidelines; adopted Resolution No. 8368 regarding ad valorem taxes exchanged between the City of Redlands, the City of San Bernardino, and the San Bernardino County Fire Protection District resulting from the jurisdictional change described by LAFCO Case No. 3258 for portions of real property located at the Mountain View Avenue road bridge (APNs: 0292-011-37-0000, 0292-011-42-0000, and portion of the road bridge). Vote: 5 - 0 Passed U.S. Capitol Police Reimbursement Agreement On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, the agreement between the City of Redlands and the United States Capitol Police for the purpose of reimbursing the Redlands Police Depai fluent for agreed upon mutual aid in response to threats against a member of Congress that resides in Redlands. Vote: 5 - 0 Passed Interlocal Agreements Distribution Justice Assistance Grants On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, the City Council unanimously determined, by roll call vote, that approval of the Interlocal Agreements, additional appropriations and acceptance of the Justice Assistance Grant modifications is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act; approved the Interlocal Agreements between the Town of Apple Valley, the Cities of Adelanto, Barstow, Chino, Colton, Fontana, Hesperia, Highland, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, Victorville, and the County of San Bernardino, Calif., concerning the distribution of the FY 2019 and FY 2020 Justice Assistance Grants; approved additional appropriations in the amounts of $14,530 and $14,374, respectively, to the Police Department; and authorized the accceptance of the FY 2017 and FY 2018 Justice Assistance Grant Modifications in the amounts of $13,937 and $13,826, respectively, to authorize the purchase of cameras and communication equipment. Vote: 5 - 0 Passed Tow Services Agreement Police Chief Catren provided details of the Towing Services Agreement with four Redlands Police Department Rotational Tow Applicants, Broncs Towing, Inc., Bill and Wag's Towing, Inc., Wilson's Towing and Armada Towing, for FY 2022-2025. As public comment, Ashley Gibson, of Broncs Towing and Nicholas Deadman, of Bill & Wags, were disappointed the City included two additional tow service companies in the rotation, and they stressed this action could hurt their small businesses, leading to potential layoffs and higher response times. Chief Catren clarified that the department expanded the number of towing companies to allow for more rapid response times. CC_July 19, 2022 Page 5 On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Mick Gallagher, the City Council unanimously approved, by roll call vote, the Tow Services Agreement with four Redlands Police Department Rotational Tow Applicants, Broncs Towing, Inc., Bill and Wag's Towing, Inc., Wilson's Towing and Armada Towing, for FY 2022-2025. Vote: 5 - 0 Passed Contract Award Garden St. Guardrail Installation Project On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, the City Council unanimously determined, by roll call vote, approval of a construction contract with Danny C. Hubbs Construction, Inc. for the Garden St. Guardrail Installation Project is categorically exempt from environmental review in accordance with Section 15303(e) of the State's guidelines implementing the California Environmental Quality Act; and approved the Garden St. Guardrail Installation Project contract with Danny C. Hubbs Construction, Inc., for an amount not -to -exceed $65,612. Vote: 5 - 0 Passed Renewable Liquefied Natural Gas PO Modification On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, a purchase order modification in the amount of $31,419.21 with Clean Energy for delivery and supply of renewable liquefied natural gas for the remainder of Fiscal Year 2021-22, due to customer demand and pricing increases in renewable liquefied natural gas sales. Vote: 5 - 0 Passed License Agreement for 2022 Regional Aerobatic Competition On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, the City Council unanimously determined, by roll call vote, that approval of the License Agreement is categorically exempt from environmental review pursuant to Section 15323 of the state's guidelines implementing the California Environmental Quality Act; and approved the License Agreement with International Aerobatic Club Chapter 26 for use of the Redlands Municipal Airport for the 2022 Official Regional Aerobatic Competition. Vote: 5 - 0 Passed SCE License Agreement for Use of Property On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, the City Council unanimously determined, by roll call vote, that approval of the License Agreement is exempt from environmental review pursuant to Section 15301 of the State's guidelines implementing the California Environmental Quality Act; and approved the License Agreement with Southern California Edison for use of property for a walking trail and associated landscaping from Orange Street to Texas Street. CC_July 19, 2022 Page 6 Vote: 5 - 0 Passed Stater Bros. Charities Believe Walk In -Kind Request On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, the City Council unanimously authorized and approved, by roll call vote, a request for in -kind support in the amount of $31,232 related to Stater Bros. Charities Believe Walk to be held on Sunday, October 2, 2022; and approved temporary street closures related to the event. Vote: 5 - 0 Passed COMMUNICATIONS League of California Cities Annual Conference Voting Delegate Mayor Barich opened the discussion to consider designating a voting delegate and an alternate to the 2022 League of California Cities Annual Conference scheduled to occur September 7-9 in Long Beach. On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Jenna Guzman -Lowery, the City Council unanimously designated, by roll call vote, Council Member Denise Davis to serve as the voting delegate; and designated Mayor Paul Barich to serve as the alternate voting delegate for the League of California Cities 2022 Annual Conference to occur September 7-9 in Long Beach. Vote: 5 - 0 Passed Renter Protections As a follow up to public comment presented during the July 5 Council Meeting, Mayor Pro Tem Tejeda was concerned about tenant eviction notices given to residents at the Las Casitas Apartments, and he requested City Attorney Abich Garcia study the matter and present her findings to the City Council. Ms. Abich Garcia reviewed state law related to renter protections during "substantial remodel" evictions and found that state law allows a property owner to evict a tenant based on whether they intend to demolish the property or substantially renovate the unit. Substantial renovations include work which requires a permit, such as plumbing, electrical or structural improvements. This would be the basis for a property owner to begin the eviction process. However, she also found that state law didn't address what was considered "appropriate actions" by landlords. She examined the municipal codes of other cities, such as Duarte, Long Beach and Los Angeles, and determined that the local codes have allowed these cities to fill in the gaps left unclear by state law, adding such items as requiring landlords to pull permits before sending eviction notices, requiring landlords to establish a list of tenants who will be evicted, and requiring landlords to explain why the remodel cannot be completed safely while the tenant remains in the unit. Development Services Director Desatnik confirmed that a roof permit had recently been pulled on the Las Casitas apartment building, but this type of work would not qualify as a substantial remodel. Permits had been pulled two years ago for the Brookside Patios apartment property. As public comment, Justin Weekley, Tarun Jaiswal and Ahmed expressed their support for an urgency CC_July 19, 2022 Page 7 ordinance to help them stop the evictions, and they complained that Las Casistas complex was not kept clean or maintained properly. Mr. Weekley raised questions concerning "no fault" evictions. City Attorney Abich Garcia recommended the Council move forward with an urgency ordinance and hold a Special City Council Meeting on August 2, 2022 and suggested the Council follow up with a permanent ordinance to address the matter. Approval of the urgency ordinance would allow protections to benefit the residents of Las Casitas and Brookside Patios apartments and their existing eviction notices. The Council was in agreement and directed staff to prepare an urgency ordinance to "fill in" where there are gaps in state law, and ordered a special City Council meeting be held on August 2, 2022. PUBLIC HEARINGS Resolution No. 8357 Delinquent Municipal Services Account Report Mayor Barich declared the meeting open as a public hearing and called on Management Services/Finance Director Garcia for a review of Resolution No. 8357 approving the Delinquent Municipal Services Account Report and the submittal of the report to the Auditor -Controller of San Bernardino County for lien processing. Delinquent accounts, not paid by August 24, 2022, will be included on the 2022-2023 tax roll that staff will submit to the County. With no further comments the Mayor closed the public hearing. On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Mick Gallagher, the City Council unanimously approved, by roll call vote, Resolution No. 8357 approving the Delinquent Municipal Services Account Report and submittal of the report to the Auditor -Controller of San Bernardino County for lien processing. Vote: 5 - 0 Passed Ordinance No. 2933 Development Agreement No. 25 "State Street Village" Mayor opened the public hearing and called on Development Services Director Desatnik to present Ordinance No. 2933 (Development Agreement No. 25) for the "State Street Village" mixed use development project located at 101 Redlands Mall and the southeast corner of West Citrus Avenue and Eureka Street in the C-3, General Commercial zoning district. On May 10, 2022, the City Council unanimously approved various project entitlements and on June 14, 2022, the Planning Commission unanimously recommended the City Council approve Development Agreement No. 25 for the State Street Village mixed use development project. Director Desatnik reviewed six findings that must be made in order for the Council to approve the Development Agreement as required by Redlands Municipal Code. The Agreement identified the developer must start building the development within five years and provides for a total term of fifteen years. The fifteen year term is in alignment with the remainder of the CVS lease, currently at the mall. Council Members discussed parking concerns, the proposed term of 15 years, when construction was expected to begin, and the status of the one remaining tenant (CVS Pharmacy). As public comment, Richard O'Donnell thought the Agreement favored the developer but not the people of Redlands, and he said cars will avoid this development because of the fees that will be charged. He suggested the Council insist on free parking at the mall until there was substantial progress made. One written comment was received from William Cunninhgam, who expressed CC_July 19, 2022 Page 8 opposition to the fifteen -year term. With no further discussion, the Mayor closed the public hearing. On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, the City Council unanimously introduced, by roll call vote, Ordinance No. 2933, approving Development Agreement No. 25 for the "State Street Village" mixed use development project located at 101 Redlands Mall (APNs: 0171-251-06-0000, 0171-251-07-0000, 0171-251-08-0000, 0171-251-09-0000, 0171-251-10-0000) and the southeast corner of West Citrus Avenue and Eureka Street (APNs: 0171-251-06-0000, 0171-251-07-0000, 0171-251-08-0000, 0171-251-09-0000, 0171-251-10-0000) in the C-3, General Commercial zoning district. Vote: 5 - 0 Passed Ordinance No. 2938 Extending Temporary Moratorium for New Warehouses Mayor declared the meeting open as a public hearing and called on Development Services Director Desatnik to provide background of Ordinance No. 2938. On June 21, 2022, the City Council adopted Ordinance No. 2934, an interim ordinance adopting a temporary 45-day moratorium on new warehouse and distribution logistics facilities exceeding 50,000 square -feet in gross floor area located within the commercial and industrial zoning districts in the City. Ordinance No. 2938 will extend the temporary moratorium on development projects for new warehouses and distribution logistics facilities for 90 days. Director Desatnik presented a report which included an update on activities since the adoption of Ordinance No. 2934 on June 21, 2022. As public comment, Bill Blankenship, of NAIOP Inland Empire, and Thomas Ruiz, of LIUNA Local 783, listed reasons for their opposition to the moratorium, including the loss of good -paying jobs for community residents, future development could be stymied for a long time, CEQA provides for the necessary tools to leverage and review potential impacts, unfair burden on businesses if a new ordinance was adopted and rules changed. Three people spoke in support of the moratorium, asking for a careful review of the potential effects of large warehouses. Mayor Barich requested staff consider establishing a "grandfather" clause that may be applied to certain projects that have begun to be processed through the City. With no further discussion, the Mayor closed the public hearing. On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Jenna Guzman -Lowery, the City Council unanimously introduced, by roll call vote, Ordinance No. 2938, to receive and accept the report prepared pursuant to Government Code Section 65858(d); adopted Ordinance No. 2938 extending a temporary moratorium on development projects for new warehouses and distribution logistics facilities within the City of Redlands for 90 days; and determined that the Ordinance is exempt from environmental review pursuant to Sections 15378(b)(5), 15308 and 15061(b)(3) of the California Environmental Quality Act Guidelines. Vote: 5 - 0 Passed Ordinance No. 2939 Extending Temporary Moratorium Development Projects EVCSP Due to ownership of property within 500 feet of the identified list of new housing sites in the City's 2021-2029 Housing Element, Council Member Davis recused herself from this item. CC_July 19, 2022 Page 9 Mayor Barich opened the public hearing and called on Development Services Director Desatnik to present Ordinance No. 2939. In June, Council approved an interim ordinance adopting a temporary 45-day moratorium on land use approvals and building permits for new construction that may be approved or issued on fifteen properties located within the Commercial Industrial (EV/IC) district of the East Valley Corridor (EV/IC), Specific Plan that are identified on the list of potential housing sites prepared in conjunction with the City's 2021-2029 Housing Element. Ordinance No. 2939 would extend the temporary moratorium by 10 months and 15 days in accordance with Government Code Section 65858(a). One resident supported the moratorium and stated her concerns about development in general, adding that the impacts generated by projects should be more thoroughly studied, before any approvals were granted. With no further comments, Mayor Barich closed the public hearing. On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Mick Gallagher, the City Council introduced, by roll call vote, Ordinance No. 2939, extending a temporary moratorium on certain Development Projects for properties located within the Commercial Industrial (EV/IC) district of the East Valley Corridor Specific Plan that are identified on the list of potential housing sites prepared in conjunction with the City's 2021-2029 Housing Element for 10 months and 15 days; and determined the Ordinance is exempt from environmental review pursuant to Sections 15378(b)(5), 15308 and 15061(b)(3) of the California Environmental Quality Act Guidelines. Vote: 4 - 0 Passed Other: Council Member Denise Davis (RECUSE) Resolution No. 8360 Delinquent Administrative Citation Report Mayor Barich declared the meeting open as a public hearing and called on Assistant City Manager Boatman for a review of Resolution No. 8360, approving the Delinquent Administration Citation Fine Report and submittal to the Auditor -Controller of San Bernardino County for lien processing 2021. Mr. Boatman described the administrative citation program and explained that staff makes every attempt to work with the property owner to comply with the Municipal Code before issuing citations. He added the program was complaint driven. With no further comments, the public hearing was closed. On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, Resolution No. 8360, approving the Delinquent Administrative Citation fine report as submitted and authorized the report be submitted to the Auditor -Controller of San Bernardino County for lien processing. Vote: 5 - 0 Passed NEW BUSINESS CC_July 19, 2022 Page 10 Resolution No. 8370 Ordering Ballot Question for RRGM Initiative Ordinance City Clerk Donaldson explained that on August 3, 2021, the City Council adopted Resolution No. 8241, certifying the initiative petition, from William Cunningham, of Redlanders for Responsible Growth Management (RRGM), and ordering the submission of the initiative ordinance, without alteration, to the qualified voters of Redlands at the regular municipal election, November 8, 2022. Resolution No. 8370 provides the ballot question for the voters' consideration. On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Mick Gallagher, the City Council unanimously approved, by roll call vote, Resolution No. 8370, ordering the submission to the qualified voters of the City of Redlands, RRGM Initiative Ordinance titled, "Initiative Ordinance of the People of Redlands Amending Sections 1A.0, 4.2B and 4.40s Principles of Managed Growth of the City of Redlands General Plan 2035" and providing for the ballot question for consideration by the voters at the General Municipal Election to be held on November 8, 2022. Vote: 5 - 0 Passed Resolution No. 8371 Filing Written Arguments RRGM Ordinance City Clerk Donaldson presented Resolution No. 8371 setting rules for the filing of written arguments regarding the RRGM Initiative Ordinance for the November 8, 2022 election. The last day for receipt of primary arguments for or against the RRGM Initiative Ordinance, not exceeding 300 words, has been established as August 22, 2022 in the City Clerk's Office. The last day for receipt of rebuttal arguments not exceeding 250 words has been established as August 26, 2022, in the City Clerk's Office. On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Jenna Guzman -Lowery, the City Council unanimously approved, by roll call vote, Resolution No. 8371, setting rules for the filing of written arguments regarding an Initiative Ordinance submitted by RRGM, titled, "Initiative Ordinance of the People of Redlands Amending Sections 1A.0, 4.2B and 4.40s Principles of Managed Growth of the City of Redlands General Plan 2035" for the November 8, 2022 election; and designated Mayor Barich to submit a primary argument. Vote: 5 - 0 Passed Mayor Barich called for a brief recess at 8:25 P.M. and the meeting resumed at 8:40 P.M. University of Redlands Modified Alternative Ballot Measure Council Member Gallagher recused himself from voting on this item due to property ownership near the identified parcels in San Timoteo Canyon. City Attorney Abich Garcia added that, as a property owner, Mr. Gallagher could remain in the chambers and be allowed to address the Council as a member of the public, but only as it affected his real property. Development Services Director Desatnik provided background and detailed the events leading to tonight, explaining that in response to the RRGM Measure, the University of Redlands negotiated with the original RRGM author a substitute for the RRGM Measure (the "Alternative Measure") and on June 21, 2022, the City Council adopted Resolution No. 8317 placing an Alternative Measure on the November 2022 ballot as a City -initiated measure. The modifications included: 1) removing proposed amendments CC_July 19, 2022 Page 11 to Section 4.40s of the General Plan 2035 as it relates to residential density of land zoned "Urban Reserve" or active agricultural land; and 2) removing proposed amendments to Section 4.42m of the General Plan 2035 which would require density for all lands zoned "Resource Preservation" to be developed to the standards of "Rural Living" classification. Following the June 21 Council action to place the Alternative Measure on the ballot, the University proposed a modification to the Alternative Measure ("Modified Alternative Measure"), as negotiated with the author of the RRGM Measure. The Modified Alternative Measure, as amended, makes the changes to the Alternative Measure by adding the following language to Section 1(c): All parcels of land within the area, including those in San Timoteo Canyon, west of the Southeast Area (Figure 4-3), identified as Resource Preservation in the Redlands 2035 General Plan Figure 4-5, are hereby zoned Agriculture. Staff recommended a slight modification to the language proposed by the University in the Modified Alternative Measure such that Section 1(c) would read as follows: "All parcels of land within the area identified as Resource Preservation in the Redlands 2035 General Plan Figure 4-5 in San Timoteo Canyon, west of the Southwest Area (Figure 4-3), which are zoned A-1 Agriculuture on the Effective Date shall remain A-1 Agriculture, unless changed by a majority vote of the electorate." Staffs recommended language would not provide for the immediate rezoning of any parcels. Council Members were pleased with staff's recommended language and thought it offered a good solution to the public's concerns. As public comment, Richard O'Donnell, Travis Hibbs, Katherine Havert, Bettina McLeod, Lisa Pierce, Ruth Cook and Breana Egan, each offered their personal perspectives but overall were in support of the amended version intended to protect San Timoteo Canyon lands. Sherli Leonard, of the Redlands Conservancy, and Caroyn Layman were in support of protecting San Timoteo Canyon lands but questioned why the measure didn't include protections for Live Oak Canyon properties. Bob Knight and Anna Nakamura Knight supported setting limits on development in San Timoteo Canyon, but stated they thought the City did not promote a business -friendly environment for farmers, and they suggested the Council establish and support local farmers. Mick Gallagher, as a property owner near the affected parcels identified in the measure, wondered if his property would be rezoned and was pleased to hear it would not and remain the same. Andy Hoder voiced his opposition to the newest version, urging the Council to vote no, and he added the original RRGM measure was to limit growth in the downtown area and had nothing to do with San Timoteo Canyon. City Manager Duggan clarified that Live Oak Canyon parcels were not included under the protections in this amended version because the area set aside to be preserved and zoned Agriculture, was selected based on the language submitted by Bill Cunningham (RRGM author). Mr. Cunningham specifically identified properties west of the Southeast Area (Figure 4-3) and did not specify Live Oak Canyon parcels. Kevin Dyerly, on behalf of the University's President, Krista Newkirk, thanked the Mayor and City Council and staff for their support. On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, the City Council approved, by roll call vote, Resolution No. 8374, ordering to submit to the voters the Modified Alternative Measure, as Amended, which would amend Sections 1A.0, 1A.10, 1.A.30, 4.2B, and 4.41j of the Principles of the Managed Development of the City of Redlands General Plan 2035; determined that placement of the Measure is exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act Guidelines; called and gave notice of the holding of a General Municipal Election and requesting the Board of Supervisors of the County of San Bernardino consolidate the Election with the Statewide Election on November 8, 2022; and adopted Resolution CC_July 19, 2022 Page 12 No. 8373, withdrawing the Alternative Measure placed on the ballot on June 21, 2022 and repealing Resolution Nos. 8317 and 8319. Vote: 4 - 0 Passed Other: Council Member Mick Gallagher (RECUSE) Resolution No. 8375 Written Arguments for University of Redlands Initiative Ordinance City Clerk Donaldson reviewed Resolution No. 8375 setting priorities for the filing of written arguments regarding the Amended Modified Alternative ballot measure, as approved by Resolution No. 8374. The last day for receipt of primary arguments for or against the initiative ordinance, not exceeding 300 words, has been established as August 22 and the last day for receipt of rebuttal arguments not exceeding 250 words has been established as August 26, 2022, in the City Clerk's Office. On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Jenna Guzman -Lowery, the City Council unanimously approved, by roll call vote, Resolution No. 8375 setting priorities for filing of written arguments regarding the Amended Modified Alternative Ballot Measure; and designated Mayor Barich to submit the primary argument in favor of the measure. Vote: 5 - 0 Passed CDBG Grant Award Program Development Services Director Desatnik summarized the CDBG program and explained the need for the reprogramming of grant award funds. The City received a grant award for FY2022-2023 in the amount of $340,246, which was $25,028 lower than estimated. In response, staff reallocated and reassigned funding for the following projects: Jocelyn Senior Center Rehabilitation Project, and reprogramming of $52,448.92 funds to the Senior Outdoor Dining Project. On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Jenna Guzman -Lowery, the City Council unanimously approved, by roll call vote, the grant award in the amount of $340,246 for the FY2022-2023 CDBG Program Year; authorized an additional appropriation of $15,976.21 for the FY2022-2023 CDBG Program Year; authorized an additional appropriation of $12,200 for the FY2021-2022 CDBG Program Year; and authorized the reprogramming of $52,448.92 of CDBG-CV funds to the Senior Outdoor Dining Project. Vote: 5 - 0 Passed Soulfood Fest Event Assistant City Manager Boatman introduced the request from Stronger Together Now to hold the Soulfood Fest event on September 11, 2022, within Ed Hales Park. The event will help support black -owned businesses and promotes diversity. On motion of Council Member Denise Davis, seconded by Mayor Pro Tempore Eddie Tejeda, the City Council unanimously authorized, by roll call vote, the request to hold the Soulfood Fest event hosted by Stronger Together Now on September 11, 2022, within Ed Hales Park. CC_July 19, 2022 Page 13 Vote: 5 - 0 Passed Agreement - Redlands Good Nite Inn Motel Conversion Project Assistant City Manager Boatman detailed the agreement between the City of Redlands, Shangri-La Industries, and Step Up on Second Street, Inc. pursuant to the terms of the State of California Department of Housing and Community Development (HCD), Homekey 2 Program Standard Agreement No. 21-HK-17166, for the development and supportive services delivery of the Redlands Good Nite Inn motel conversion project. He was hopeful the project would be completed later this year and be awarded a "Bonus Operating Fund Award" in the amount of $980,000 contingently awarded as a part of the Homekey grant upon achieving 90% occupancy within eight (8) months of the award date. As public comment, Andy Hoder was not as hopeful about the timeline, after he attended an RCRC meeting recently where he said it was estimated the project would be completed some time this winter and not November of this year. On motion of Council Member Jenna Guzman -Lowery, seconded by Council Member Mick Gallagher, the City Council unanimously approved, by roll call vote, the agreement between the City of Redlands, Shangri-La Industries, and Step Up on Second Street, Inc. pursuant to the terms of HCD's Homekey 2 Program Standard Agreement No. 21-HK-17166, for the development and supportive services delivery of the Redlands Good Nite Inn motel conversion project; and authorized the Mayor or designee to implement the Agreement including, but not limited to, signing subsequent necessary documents, agreements and amendments, provided it is in accordance with the limitations described in the agreement and has previously been approved and budgeted by the City Council, subject to approval by the City Attorney. Vote: 5 - 0 Passed COUNCIL MEMBER ANNOUNCEMENTS AND ACTIVITIES There were no Council Member reports presented. ADJOURNMENT There being no further action required the meeting adjourned at 9:41 P.M. The City of Redlands City Council will hold a special meeting on August 2, 2022. CC_July 19, 2022 Page 14