HomeMy WebLinkAbout8378RESOLUTION NO. 8378
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS,
CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER
8, 2022, FOR THE ELECTION OF CERTAIN OFFICERS, REQUESTING THE
BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO TO
CONSOLIDATE THE ELECTION WITH THE STATEWIDE GENERAL
ELECTION ON THE SAME DATE; AND FOR THE SUBMISSION OF A BALLOT
MEASURE PROPOSING TO AMEND SECTIONS 1A.0, 1A.10, 1.A.30, 4.2B AND
4.41j OF THE PRINCIPLES OF MANAGED DEVELOPMENT OF THE CITY OF
REDLANDS GENERAL PLAN 2035.
WHEREAS, under the provisions of the laws relating to General Law cities in the State of
California, a General Municipal Election may be held on Tuesday, November 8, 2022, for the
election of Municipal Officers; and
WHEREAS, on August 3, 2021, the City Council of the City of Redlands adopted
Resolution No. 8241, acknowledging receipt of a certified petition titled, "An Initiative Ordinance
submitted by 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" (the "Original Initiative") and
ordering the submission, without alteration, of the Original Initiative to the qualified voters of the
City at the City's regular municipal election to be held on November 8, 2022; and
WHEREAS, in May 2022, the City Council of the City of Redlands received a proposed
alternative ballot measure negotiated by the University of Redlands with the authors of the Original
Initiative titled, "Initiative Ordinance of the People of Redlands Amending Sections 1A.0, 1A.10,
1.A.30, 4.2B and 4.40s of the Principles of Managed Development of the City of Redlands General
Plan 2035,"("Alternative Measure") which the University of Redlands requested be placed on the
November ballot by the City Council; and
WHEREAS, on June 21, 2022, the City Council adopted Resolution No. 8317 placing the
Alternative Measure on the ballot for the November 8, 2022 General Municipal Election with
certain modifications to the Alternative Measure; and
WHEREAS, after the City Council adopted Resolution No. 8317, the University of
Redlands requested that the Alternative Measure be modified to add proposed amendments to
Section 4.41j of the General Plan ("Modified Alternative Measure"); and
WHEREAS, on July 19, 2022, the City Council adopted Resolution No. 8374 placing the
Modified Alternative Measure on the ballot for the November 8, 2022 General Municipal Election
with certain amendments; and
WHEREAS, after the Modified Alternative Measure was placed on the ballot, a
typographical change was noted by the city staff which requires a modification to the Measure
("Second Modified Alternative Measure"); and
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WHEREAS it is now desire of this City Council to place the Second Modified Alternative
Measure on the November 8, 2022 ballot.
NOW, THEREFORE, the City Council of the City of Redlands, California, does hereby
resolve, declare, determine and order as follows:
Section 1. That pursuant to the requirements of the laws of the State of California
relating to General Law cities within said State there is called and ordered to be held in the City of
Redlands, California, on Tuesday, November 8, 2022, a General Municipal Election for the
purpose of electing one Member of the City Council from District 1, one Member of the City
Council from District 3 and one Member of the City Council from District 5, for the full term of
four years.
Section 2. That the City Council submits the proposed ballot measure titled, "An
Initiative Ordinance of the People of Redlands Amending Sections 1A.0, 1A.10, 1.A.30, 4.2B and
4.41j of the Principles of Managed Development of the City of Redlands General Plan 2035," to
the qualified voters of the City, and shall do so in the form of the following question:
"Shall the Initiative Ordinance of the People of
Yes
Redlands Amending Sections 1A.0, 1A.10, 1.A.30,
4.2B and 4.41j of the Principles of Managed
No
Development of the City of Redlands General Plan
2035 be adopted?"
Sec ion 3. That the text of the ordinance submitted to the voters is attached hereto as
Exhibit "A ' and made a part thereof.
Section 4. That the ballots to be used at the election shall be in form and content as
required by law.
Section 5. That the City Clerk of the City of Redlands is hereby authorized, instructed,
and directed to procure and furnish any and all official ballots, notices, printed matter and all
supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully
conduct said election.
Section 6. That the polls for said election shall be open at 7:00 A.M. of the day of said
election and shall remain open continuously from said time until 8:00 P.M. of the same day when
said polls shall be closed, except as provided in Section 14401 of the California Elections Code.
Section 7. That in all particulars not recited in this resolution, the election shall be held
and conducted as provided by law for holding municipal elections.
Section 8. That notice of the time and place of holding of the election is given and the
City Clerk is hereby authorized, instructed, and directed to give further or additional notice of the
election, in time, form and manner as required by law.
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Section 9. That the Board of Supervisors of said County is hereby requested to issue
instructions to the Registrar of Voters of said County to take any and all steps necessary for the
consolidation of the General Municipal Election with said County election.
Section 10. That the Registrar of Voters of said County is authorized to canvass the
returns of the General Municipal Election and provide necessary services pertaining to the election
to be held on Tuesday, November 8, 2022.
Section 11. That the City Council of the City of Redlands recognizes that additional
costs will be incurred by the County by reason of this consolidation and agrees to reimburse the
County for any such costs.
Section 12. That the City Clerk of the City of Redlands is hereby directed to file a
certified copy of this resolution with the Board of Supervisors and the Registrar of Voters of the
County of San Bernardino.
ADOPTED, SIGNED AND APPROVED t ' . - day o \August, 2022.
ATTEST:
Donaldson, City Clerk
Paul T. Barich, Mayor
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I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing
resolution was duly re -approved by the City Council at a special meeting thereof held on the 4th
day of August, 2022.
AYES: Council Members Tejeda, Davis, Guzman -Lowery; Mayor Barich
NOES: None
ABSENT: None
ABSTAIN: Council Member Gallagher
e Donaldson, City Clerk
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City of
REDLANDS
Incorporated 1888
35 Cajon Street, Redlands, CA 92373
www.cityofredlands.org
August 4, 2022 VIA: Email
Board of Supervisors
County of San Bernardino, County Civic Building
385 North Arrowhead Avenue
San Bernardino, CA 92401
RE: REDLANDS MUNICIPAL ELECTION CONSOLIDATION 11/8/22
RESOLUTION NO. 8377 REPEALING: RESOLUTION NOS. 8374 and 8375
(dated 7.19.22)
RESOLUTION NOS. 8378 and 8379 (dated 8.2.22)
The Redlands City Council took action during a Special Council Meeting held August
4, 2022 and it is their desire to place a Second Modified Alternative Measure (8.2.22)
on the November 8, 2022 ballot and repeal Resolution Nos. 8374 and 8375 and
withdraw the Modified Alternative Measure (7.19.22) from the ballot, in accordance
with Section 3 and Section 4 of Resolution No. 8377.
Enclosed are certified copies of the following resolutions as adopted on August 4, 2022:
-Resolution No. 8377, Orders the withdrawal of the Modified Alternative Measure
(7.19.22) from the November 2022 ballot and the Repeal of Resolution Nos. 8374 and
8375 (emailed to you 7/21/22)
-Resolution No. 8378, Calls for the municipal election of certain officers; Orders the
submittal of the Second Modified Alternative Measure (8.2.22); Requests
consolidation of the election to be held November 8, 2022
-Resolution No. 8379, Sets priorities for filing written arguments regarding the Second
Modified Alternative Measure (8.2.22)
Sincerely,
ap,,ebak
Jeanne Donaldson
City Clerk
JD:ms
Enclosure
Xc: Registrar of Voters
EXHIBIT "A"
INITIATIVE ORDINANCE
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INITIATIVE ORDINANCE OF THE PEOPLE OF REDLANDS AMENDING SECTIONS
1A.0, 1A.10, 1.A.30, 4.2B, AND 4.41j OF THE PRINCIPLES OF MANAGED
DEVELOPMENT OF THE CITY OF REDLANDS GENERAL PLAN 2035
WHEREAS, more than 40 years ago, in 1978, the voters of the City of Redlands approved
Proposition "R," which established an ordinance enacting certain standards and procedures
relating to managing growth within the City of Redlands; and
WHEREAS, more than 30 years ago, in 1987, the voters of the City of Redlands approved
Measure "N," which in relevant part enacted an ordinance which amended Proposition "R"
to enhance the limitations established by Measure R and establish additional development
standards within the City; and
WHEREAS, Measures R and N have been codified in the City of Redlands Municipal Code as
Title 19, Growth Management; and
WHEREAS, in 1997 the voters of the City of Redlands approved the General Plan
amendment commonly known as Measure "U" to assure consistency between the General
Plan and growth management limitations and standards established by Measure R and N;
and
WHEREAS, the provisions of Measure U have been fully incorporated in the City's current
General Plan 2035 in its current form which was enacted on December 5, 2017 ("General
Plan 2035"); and
WHEREAS, in order to assure that future development within the City of Redlands occurs in a
way that is consistent with the established values and standards enacted by the people of
Redlands that promote the social and economic well-being of the entire community, it is
necessary to amend certain provisions of General Plan 2035 to:
a. Reduce costly urban sprawl and minimize future tax and utility rate
increases while preventing the overcrowding of public school facilities,
over -burdening public services such as police and fire, while providing
adequate traffic circulation.
b. Preserve, protect and promote agricultural and open space uses
c. Preserve the vitality and character of historic and older neighborhoods
d. Preserve the vitality and character of the Historic Downtown -
Packinghouse District as the primary source of City sales, business license
and property tax revenues.
e. Ensure that sufficient developable land exists within the current City
boundaries to meet projected housing needs, including housing for low and
moderate income families, the handicapped and the elderly, while still
preserving the City's quality of life.
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NOW, THEREFORE, THE PEOPLE OF THE CITY OF REDLANDS DO ORDAIN AS
FOLLOWS:
SECTION 1. GENERAL PLAN AMENDMENTS- The following provisions of the City's
General Plan 2035, Sections 1A.0, 1A.10, 1.A.30, 4.2B, and 4.41j are hereby amended to read
in their entirety as follows (deletions are shown by strikeout and additions are underlined):
a. AMENDMENT OF GENERAL PLAN 2035 SECTION 1A.0 PRINCIPLES OF
MANAGED DEVELOPMENT
1. 1A.10 PRINCIPLE ONE: The cost of infrastructure required to mitigate the effects of
development shall be paid by that new development.
(a) Development fee policy - In accord with the provisions of California Government Code
Sections 66000 et. seq., all development projects as defined therein shall be required to
pay the development fees to cover 100% of their pro rata share of the cost of any public
infrastructure, facilities or services, including without limitation police and fire
services, necessitated as a result of such development. The City Council shall set and
determine development fees sufficient to cover 100% of the estimated cost of such
public infrastructure, facilities and services based on appropriate cost -benefit analyses
as required by the provisions of California law.
(b) Socio-Economic Cost/benefit Study and Findings Required - Every development
project proposal requiring a General Plan Amendment, Zoning Amendment,
Subdivision Map, Specific Plan, Pre -Annexation Agreement for Outside City Utility
Connections for non-contiguous properties, or for projects involving structures larger
than 5,000 square feet, Conditional Use Permit approval, shall submit a socio-economic
analysis and cost/benefit study, which shall also be included in all environmental
documents submitted to the extent permitted by law, identifying the source of funding
for necessary public infrastructure and reflecting the effect of such development on the
City, as part of the application process. The City Council shall publish notice of and
hold at least one public hearing at which the public may appear and be heard to consider
the socio-economic cost/benefit study. Approval of the development project shall only
occur if the socio-economic study finds and determines to the satisfaction of the City
Council that the development project 1) will not create unmitigated physical blight
within the City or overburden public services, including without limitation the
sufficiency of police and fire protection, and 2) the benefit of the development project
to the City outweighs any direct cost to the City that may result. The City Council may,
however, approve a development project for which the socio-economic study fails to
make the required findings or determinations if the City Council finds and determines
upon a 4/5 vote of its total authorized membership that the benefits to the City from the
development project outweigh the negative socio-economic effects that may result.
1) For projects with a residential component, the Cost portion of the
Cost/Benefit Study for that component shall be determined by dividing
the city General Fund Expenditure Budget by the City Population and
multiplying that quotient by the projected population of the project.
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(c) Impacts of New Development on Public Schools Shall Be Mitigated -A mandatory
component of the socio-economic cost/benefit studies shall be an analysis of the effect of
the proposed development on public schools facilities and resources, and shall include
proposed measures to mitigate any identified adverse impacts on school facilities to the
greatest extent permitted under California law.
(d) Exception - The provisions of Section 1 A.10 shall not apply to any development, or portion
thereof, that is located within the University Street Transit Village, funded by and/or
subsidized by the federal, state, or local governments, and subject to a master development
permit.
2. 1.A.30 PRINCIPLE THREE - Land use classifications set forth in the Redlands
General Plan provide for an appropriate range of densities for residential development
and intensity of commercial and industrial development in the City of Redlands.
(a) Number of Land Use Classifications and Density Standards Shall Not
Be Increased - The density standards set forth in Paragraph 4.40,
Residential Land Use Classifications, of Section 4.0, Land Use
Element, of the Redlands General Plan shall not be increased, and no
new residential land use classification except for the Transit Village
Overlay Zone shall be added, without a vote of the people.
(b) Prohibition of Transfers of Density - In order to assure that
development occurs in a rational way, no transfer of residential
development rights from lands other than those designated for
single family residential shall be permitted, and then such transfers
of single family residential density shall only be permitted to create
or preserve agricultural, open space, school or park uses.
(c) Buildings in the Downtown Transit Village and the University Street
Transit Village shall be limited to three (3) stories and a height of
forty-three (43) feet from ground level to their highest point visible
from the fronting street.
(1) Except: Those buildings that are located within % mile of the
transit station that is within the University Street Transit Village and
that are subject to a master development plan shall be limited to four
(4) stories and a height of sixty-eight (68) feet as measured from the
ground level to their highest point visible from the fronting street.
(2) Except: No building more than two stories or (35) feet in height
shall be permitted within an established and constructed single -family
residential neighborhood.
(d) Buildings in the Alabama Street, California Street and New York
Street Transit Villages shall be limited to four (4) stories and sixty-
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eight (68) feet in height as measured from the ground level to their
highest point as viewed from the fronting street.
(e) No building more than two stories in height shall be permitted adjacent
to a single-family dwelling absent written agreement of the dwelling
owner(s); however, this section does not apply to properties across a
public right of way.
(1) In multi -story structures with a residential living component in the five
Transit Villages, parking for two or more bedroom units shall be two
covered parking spaces and for one bedroom and studio units shall be
one covered parking space. Every five units shall have one guest
parking space.
Except: Parking for projects within % mile of the transit station
that is within the University Street Transit Village and that are
subject to a master development permit shall be governed by a
comprehensive parking management plan made part of the master
development permit that establishes all required parking spaces.
(g) Non-residential hotels are permitted and can be developed anywhere
in the five Transit Villages, height and size determined by the City
Council and are exempt from 1.A.30(c) and (d).
b. AMENDMENT OF GENERAL PLAN 2035 SECTION 4.2B
PRINCIPLES OF MANAGED DEVELOPMENT:
B. EXEMPTIONS
1. Vested projects. This initiative measure shall not apply to or affect any property on which
a vested right has been legally perfected and acquired prior to the Effective Date pursuant
to state law.
2.Special Categories of Development. The provisions of this initiative measure shall not apply
to the following:
A. New individual infill construction of single family homes on existing lots of
record bounded by developed property as of March 1, 199-- 2020:
B. Rehabilitation, remodeling or additions to existing single family residential
structures;
C. Reconstruction or replacement of any uses to the same density, intensity and
classification of use as existed on the Effective Date, including non -conforming uses;
D De. elopment diroetly related to the p ..e.l Metrolink stnt:onn in t e City of
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n ,11 d 1 ,7: at-tr eUniye s;ty ofDedl„n,ln•
1r N .. development n ectu subject t,. Downtown Spoe;A.. Plun 45
mils (- 5ths) :.ote o f he total µuthe fazed me rbership o f the City Council;
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FrD. Special, temporary or occasional uses of public streets including parades
local sporting and cultural events, graduation ceremonies, approved school activities
and other occasional public gatherings.
c. AMENDMENT OF GENERAL PLAN SECTION 4.41j
Section 4.41j of the Redlands General Plan 2035 shall be amended to read as
follows:
All parcels of land encompassed within the area identified as Resource Preservation
in the Redlands 2035 General Plan Figure 4-5 in San Timoteo Canyon, west of the
Southeast Area (Figure 4-3), which are zoned A-1 Agriculture on the Effective Date
shall remain A-1 Agriculture, unless changed by a majority vote of the electorate. en
Alm ..n a a hereby deajgn..ted ao Deseuf e Presee ,.tion az defned i.. Section
11.96.
SECTION 2. DEFINITIONS
A. "Effective Date" shall mean the date on which this initiative measure was adopted by the
City Council of the City of Redlands or on the date on which it was passed by the voters
at the polls, whichever comes first.
B. "Dwelling" and "dwelling units" shall be defined as any single family residence,
apartment or dwelling unit in a multi -unit structure, or mobile home.
SECTION 3. EXEMPTIONS FOR CERTAIN PROJECTS
A. This measure shall apply to all properties and projects covered by its terms, except it shall
not apply to any development project which has obtained a vested right as of the effective
date of this measure. For purposes of this measure, a vested right shall have been obtained
only and if each and all of the following criteria are met:
1. The proposed project has received a building permit or its final
discretionary approval.
2. Substantial expenditures have been incurred in good faith reliance
on the permit or final discretionary approval.
3. Substantial construction has been performed in good faith reliance
on the permit or final discretionary approval.
B. The substantiality of expenditures incurred and of construction performed and the
question of whether or not such expenditures and construction were in good faith are
questions of fact to be determined on a case by case basis by the City Council following
application by the developer and notice of a public hearing. Actions taken by the
developer to speed up or expedite a development project with knowledge of the
pendency of this measure shall not be deemed in good faith and shall not qualify for
vested rights. Phased projects shall be considered for exemption on a phase by phase
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basis to the extent permitted by California law. For purposes of section 19.04.060 of
this chapter, with regard to water and sewer connections outside the city, an applicant
shall qualify for a vested right only if the foregoing criteria are met after the applicant
has obtained a water and sewer connection, commitment, or both if both are required,
from the City (4 of Measure N, passed by voters 11-3-1987: 17 of Proposition R, passed
by voters 11-7-1978).
C. This initiative measure is not intended and shall not be applied or construed to authorize
the City to exercise its powers in a manner which will take private property for public use
without payment of just compensation, but shall be interpreted, applied and implemented
so as to accomplish its purposes to the maximum constitutionally permissible extent
without requiring payment of compensation.
D. If application of this initiative measure to a specific property of record as of the Effective
Date would create a taking then the City Council may, upon application by the landowner,
allow additional density or uses on such property, upon findings that the level of additional
development permitted is the minimum necessary to avoid a taking, and no lesser level of
development would be sufficient to avoid a taking.
SECTION 4. SEVERABILITY
A. In interpreting this initiative measure or resolving ambiguity thereof, the City Council
and all other city entities charged with implementing or enforcing this initiative measure
or any part of it, as well as a reviewing court, shall interpret this initiative measure in the
manner which most vigorously and effectively accomplishes its purposes and operative
provisions.
B. If any portion of this initiative measure is hereafter determined to be invalid by a court
of competent jurisdiction, all remaining portions of this initiative measure shall remain
in full force and effect. Each section, subsection, sentence, phrase, part or portion of this
initiative measure would have been adopted and passed irrespective of the fact that any
one or more sections, subsections, sentences, phrases, parts or portions be declared
invalid or unconstitutional.
SECTION 5. AMENDMENT AND REPEAL
This initiative measure and all of its provisions may be amended or repealed only by a majority
vote of the electorate.
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