Ordinance No. 2394 - OTA No. 258 - Dry Sewer Line - Public hearing was advertised for this time and place to consider Ordinance No. 2394 to adopt Zoning Ordinance Text Amendment No. 258 amending Chapter 13.44.080(C) of the Redlands Municipal Code to allow the City Council the authority to waive the requirement for dry sewer line installation in new residential subdivisions where warranted (Classic Pacific, applicant). Community Development Director Shaw reported the applicant is developing Tract No. 14790-1, which is within the Sunset Hills Specific Plan No. 43. The Sunset Hills Specific Plan is located in the southerly hills of the City and is generally bounded by Sunset Drive on the north, San Timoteo Creek on the south, and Alessandro Road on the west. The area delineated by the Specific Plan consists of a master planned residential community of approximately 465 acres for the development of 198 single-family residential lots with a density of one dwelling unit per 2.3 acres. Tract No. 14790-1 contains 40 recorded residential lots ranging in size from three-fourths of an acre to over 10 acres in size and represents phase one of the larger Tentative Tract No. 14790. This tentative tract is within and encompasses a majority of the Sunset Hills Specific Plan area and is approximately 374 acres in size and contains a total of 158 of the 198 residential lots. The applicant had initially met with City staff to discuss the requirement for dry sewer line installation that was applied to the subdivision. Dry sewers are required to be installed by the Municipal Code, the Sunset Hills Specific Plan, and the conditions of approval for Tentative Tract No. 14790. The applicant contends that because the nearest point of connection to a sewer main is over four miles away (Barton Road and Nevada Street), and there is no time table as to when sewer will be available to the Sunset Hills area, the additional costs incurred from installing the lines does not make it economically feasible when considering the costs for developing the project.

Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. Mrs. Judith Fulton, Cameo Drive, stated the project is to be commended and will do wonderful things for this section of town. However, she is concerned with water run off. Community Development Director Shaw clarified that dry sewers do not affect drainage and that a drainage system will be installed during the course of construction. Public Works Director added that the specific plan area does have a drainage element incorporated. There being no further comments, the public hearing was declared closed.

Councilmember Banda moved to approve the Environmental Review Committee's Negative Declaration for Zoning Ordinance Text Amendment No. 258 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 Freedman and carried unanimously. Ordinance No. 2394, an ordinance of the City of Redlands amending Chapter 13.44 of the Redlands Municipal Code relating to requirements for installation of dry sewers, was read by title only by Deputy City Clerk Sanchez, and on motion of Councilmember Freedman, seconded by Councilmember Gilbreath, further reading of the ordinance text was unanimously waived, and Ordinance No. 2394 was introduced with unanimous Council approval and laid over under the rules with adoption scheduled for January 19, 1999.

Ordinance No. 2393 - Specific Plan No. 43 Amendment No. 3- Public hearing was advertised for this time and place to consider Ordinance No. 2393 for the adoption of Amendment No. 3 to Specific Plan No. 43 amending Section III.D.2 and eliminating the requirement for dry sewer line installation throughout the Specific Plan area on approximately 465 acres generally located along the east side of Alessandro Road between Sunset Drive and San Timoteo Canyon Road (Classic Pacific, applicant). See description of project above.

Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. None being forthcoming, the public hearing was declared closed.

Councilmember Banda moved to approve the Environmental Review Committee's Negative Declaration for Amendment No. 3 to Specific Plan No. 43 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 Freedman and carried unanimously. Ordinance No. 2393, an ordinance of the City of Redlands amending Section III.D.2. of the Sunset Hills Specific Plan No. 43 relating to requirements for installation of dry sewers, was read by title only by Deputy City Clerk Sanchez, and on motion of Councilmember Gilbreath, seconded by Councilmember Freedman, further reading of the ordinance text was unanimously waived, and Ordinance No. 2393 was introduced with unanimous Council approval and laid over under the rules with adoption scheduled for January 19, 1999.

Resolution No. 5589 - Specific Plan No. 54 - Redlands Christian Home - Public hearing was advertised for this time and place to consider Resolution No. 5589, Specific Plan No. 54, creating a specific plan for senior housing with an overall population not to exceed 400 people on 20.34 acres of land located south of Highland Avenue, east of Wabash Avenue, and north of Fifth Avenue (Redlands Christian Home, applicant). Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. None being forthcoming, the public hearing was declared closed.

Councilmember Freedman moved that the City Council make the six mandatory findings established in Section 4.40(s) of the Land Use Element of the Redlands General Plan for the proposed density increase identified in the Specific Plan as follows:

1. There are substantial social benefits to the City and its residents and taxpayers from the proposed density increase because of the growing numbers of senior citizens and the demand for these types of facilities to accommodate this segment of the population;
2. The proposed density increase will not cause adverse environmental impacts, either individually or cumulatively, directly or indirectly because the subject site was reviewed by the County of San Bernardino for a proposed social care facility to house 400 resident seniors, pursuant to the California Environmental Quality Act guidelines, where it was determined that the project would not cause any significant adverse effects on the environment and a Negative Declaration was approved;
3. The proposed density increase will not convert viable agricultural land to non-agricultural uses because: (a) the property has been fallow for twenty years or more and adjacent to urban development; (b) the property is not within a designated City or County Agricultural Preserve Area; (c) the property is not under a Williamson Act contract; and (d) the landscape design incorporates rows of citrus around the perimeter of the project to maintain citrus heritage and buffer the site from surrounding agricultural uses;
4. The proposed density increase will not have a growth-inducing effect on other property because the proposed development for the subject site is: (a) a self-contained convalescent facility that will not create a demand for additional supporting services in the area; and (b) all public utilities are existing within the area and only frontage improvements and utility extension brought onto the site are necessary for development of the project;
5. The resulting use will be compatible with uses on adjacent land because: (a) the subject site is proposed to be developed with a social care facility for seniors which is commonly found in residential zoning districts; (b) land use impacts were analyzed in the adopted Negative Declaration by the County and determined to be non-significant; and (c) proposed use will have a minimum impact on adjacent uses; and
6. The proposed density increase will not require substantial expansion of public infrastructure, facilities or services because development of the site: (a) will only require frontage improvements; (b) will only require utility extensions, as all utilities are within the area; and (c) the site is proposed to be developed with a social care facility for seniors which is self-contained facility that will not crate a significant demand for public services.

Motion seconded by Councilmember Banda and carried with Councilmember George voting NO. Councilmember Freedman moved to adopt Resolution No. 5589, a resolution of the City Council of the City of Redlands adopting Specific Plan No. 54 contingent upon annexation to the City and with the following modifications:

1. Modify Section II.C.1., second sentence (Page 13 to clarify that this is a "private" line.
2. Modify Section II.E., pertaining to Conceptual Landscape, second paragraph, last sentence to read as follows: "The orange trees will be planted two rows deep along Fifth Street and two to three rows deep along Wabash and Highland Avenues.
3. Modify Section III.A.3.f. (Page 16) to delete the second sentence. A new sentence may be added indicating: "Fences and walls shall be in accordance with the General Provisions outlined in Section III.A.4.d."
4. Modify Section III.A.4.a. of the General Provisions (Page 17) to clarify that the table lists the required number of parking spaces for the use and that in all other aspects the parking shall meet the standards enumerated in Section 18.164 of the Redlands Municipal Code.
5. Change Section III.A.4.c. of the General Provisions (Page 17) delete the term "dry landscape no" and replace with "hardscape not" and expand the last sentence of III.A.4.c. to add "and the Conditional Use Permit."
6. Modify Section III.A.4.d. of the General Provisions, third sentence (Page 18) as follows: "Fifth Avenue shall have a sound wall/wrought iron fence with a minimum of five-foot setback. The easterly fence shall be constructed out of chain link, six feet in height."

Motion seconded by Councilmember Banda and carried with Councilmember George voting NO.

Conditional Use Permit No. 683 - Redlands Christian Home - Public hearing was advertised for this time and place to consider Conditional Use Permit No. 683 for the construction of a 200,000 square foot senior living facility on 20.34 acres of land which includes 30 single units, 102 assisted-living units, 84 independent living units, and a 24-bed Alzheimer's facility with a maximum population of 400 persons on property located south of Highland Avenue, east of Wabash Avenue within Specific Plan No. 54. Community Development Director Shaw reported that at the Planning Commission meeting prior to today's City Council meeting the Planning Commission agreed to continue this item to their next regular meeting. So Council did not need to take any action today. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. None being forthcoming, the public hearing was continued by consensus of the Councilmembers. Mayor Cunningham urged the applicant to utilize adequate sound walls because Fifth Avenue will probably become very busy in the future.

Resolution No. 5586 - General Plan Amendment No. 67(F) - Public hearing was continued to this time and place for consideration of Resolution No. 5586 for the adoption of General Plan Amendment No. 67(F) to change the land use designation from Rural Living to Low Medium Density Residential on an unincorporated 20.44 acre parcel located on the northeast corner of Wabash Avenue and Fifth Avenue within the City's Sphere of Influence. Community Development Director Shaw reported that the applicant has moved forward with a request for annexation to be heard by LAFCO in February. Councilmember George questioned whether an Environmental Impact Report was conducted on the site being discussed today or the first proposed site? Mr. Shaw pointed out that Exhibit B of the Notice of Determination shows the Environmental Impact Report was done on the site at Fifth Avenue and Wabash Avenue. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. Mr. Bill Feenstra, applicant, stated he appreciated all the cooperation he received from staff and went on to describe the philosophy of the non-profit project and acknowledged the many senior citizens present supporting the project. No one else wishing to speak, the public hearing was declared closed.

Councilmember George stated the project was better suited on the original site rather than close to a grove and semi-rural area. Councilmember Gilbreath too expressed that the original site was more appropriate. This project will change the character of the Crafton Hills area. Mayor Cunningham said the comments he received from people in the area were receptive to the project.

Councilmember Freedman moved to approve the Environmental Review Committee's Negative Declaration adopted by the County of San Bernardino on the property described in General Plan Amendment No. 67(F) addresses the impacts of increasing the General Plan density to accommodate a social care facility with a resident population of 400 senior citizens. Further, the Council finds that said adopted Negative Declaration shall be applied to the subsequent review of a Specific Plan and Conditional Use Permit for City approval of this project. Based on the adopted Negative Declaration, the Council reaffirms the County's determination that the project will not individually or cumulatively affect wildlife resources as defined in Section 711.2 of the California Fish and Game Code. Motion seconded by Councilmember Banda and carried with Councilmember George voting NO.

Councilmember Freedman moved that the City Council find that the density increase proposed in General Plan Amendment No. 67(F) meets the mandatory findings established in Section 4.40(s) of the Land Use Element of the Redlands General Plan based on the following findings:

1. There are substantial social benefits to the City and its residents and taxpayers from the proposed density increase because of the growing numbers of senior citizens and the demand for these types of facilities to accommodate this segment of the population;
2. The proposed density increase will not cause adverse environmental impacts, either individually or cumulatively, directly or indirectly because the subject site was reviewed by the County of San Bernardino for a proposed social care facility to house 400 resident seniors, pursuant to the California Environmental Quality Act guidelines, where it was determined that the project would not cause any significant adverse effects on the environment and a Negative Declaration was approved;
3. The proposed density increase will not convert viable agricultural land to non-agricultural uses because: (a) the property has been fallow for more than twenty years and adjacent to urban development; (b) the property is not within a designated city or County Agricultural Preserve Area; (c) the property is not under a Williamson Act contract; and (d) the landscape design incorporates rows of citrus around the perimeter of the project to maintain citrus heritage and buffer the site from surrounding agricultural uses;
4. The proposed density increase will not have a growth-inducing effect on other property because the proposed development for the subject site is: (a) a self-contained convalescent facility that will not create a demand for additional supporting services in the area; and (b) all public utilities are existing within the area and only frontage improvements and utility extension brought onto the site are necessary for development of the project;
5. The resulting use will be compatible with uses on adjacent land because: (a) the subject site is proposed to be developed with a social care facility for seniors which is commonly found in residential zoning districts; (b) land use impacts were analyzed in the adopted Negative Declaration by the County and determined to be non-significant; and (c) proposed use will have a minimum impact on adjacent uses;
6. The proposed density increase will not require substantial expansion of public infrastructure, facilities or services because development of the site: (a) will only require frontage improvements; (b) will only require utility extensions, as all utilities are within the area; and (c) the site is proposed to be developed with a social care facility for seniors which is self-contained facility that will not crate a significant demand for public services.

Motion seconded by Councilmember Banda and carried with Councilmember George voting NO.

Councilmember Freedman moved to approve Resolution No. 5586, adopting General Plan Amendment No. 67(F) to change the land use designation from Rural Living to Low Medium Density Residential on an unincorporated 20.44 acre parcel located on the northeast corner of Wabash Avenue and Fifth Avenue within the City's sphere of influence contingent upon annexation to the City. Motion seconded by Councilmember Banda and carried with Councilmember George voting NO.

Resolution No. 5577 - Acquisition of Property - A resolution of necessity and the accompanying Negative Declaration for the acquisition of property and the construction of water line facilities to serve Tract No. 14790-1, said facilities extending between Lantern Crest Drive and Sunset Hills Lane, was continued from December 15, 1998, to this time and place.

Mr. Brian Buoye, property owner, addressed Council and appealed for a decision was more beneficial to his situation. He acknowledged that Classic Pacific made an offer of $8,000.00 but that offer expired December 23, 1998. At the last Council meeting he was asked to continue negotiations with Classic Pacific for two more weeks but because his focus was on his four Christmas tree farms at this time of year, nothing was finalized. Mr. Buoye felt the City's appraisal did not assess the impact the pipeline would have on the entire parcel. Councilmember Banda reminded Mr. Buoye that he has had an opportunity to negotiate with Classic Pacific for quite a while but saw no effort on Mr. Buoye's part. Municipal Utilities Director Gary Phelps responded to Councilmember Gilbreath's inquiry about an alternative alignment for the pipeline. He advised Council that the alignment being proposed currently was the first choice and the most efficient alignment. However, an alternative was proposed to Mr. Buoye that he did not accept nor make a counter offer. Mayor Cunningham agreed that $1,000.00 is a small offer for an easement across ten acres but Mr. Buoye does have the opportunity to challenge the appraisal. City Attorney McHugh advised Councilmembers the resolution of necessity could be adopted today and continue consideration of any offers to Mr. Buoye in closed session. Mr. Freedman agreed this would force Mr. Buoye to proceed.

Councilmember Banda moved to approve the Environmental Review Committee's Negative Declaration for the acquisition of an easement and construction of a water main to serve Tract No. 14790-1 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 Freedman and carried with Councilmember Gilbreath voting NO. Councilmember Banda moved to adopt Resolution No. 5577, a resolution of the City Council of the City of Redlands declaring that the acquisition of a fee interest in certain real property by eminent domain is necessary for the construction of a waterline and appurtenances and the acquisition of surface rights for construction of a paved road. Motion seconded by Councilmember Freedman and carried with Councilmember Gilbreath voting NO.

Contract Award - Bids were opened and publicly declared on December 17, 1998, by the City Clerk for the Eureka Street Improvements, Phase II 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 Masters Contracting Corporation of Glendale in the amount of $399,438.00, and it would be in the best interest of the City that this contract be awarded to said firm. On motion of Councilmember Banda, seconded by Councilmember Freedman, this recommendation was unanimously approved.

The City Council meeting recessed at 12.02 P.M. to a closed session to discuss the following:

1. Conferences with legal counsel: Existing litigation - Government Code
    Section 54956.9(a):
   1. City of Redlands v. County of San Bernardino/Redlands Venture LLC
       (SCV 33330)
   2. Majestic Realty Company v. City of Redlands/Timberlake
       (Case Nos. 49447 and 51027)
2. Conference with real property negotiator
   Property:                  Portion f APN 294-111-98
   Negotiating Parties:   Brian W. Buoye and Gary M. Luebbers
   Under negotiation:    Terms and price

Deputy City Clerk

The meeting was opened with an invocation by Councilmember Freedman followed by the pledge of allegiance.

CVC 10851 Awards - California Highway Patrol Lt. Harbottle, California Highway Patrol and Police Chief Bueermann presented CVC 10851 pins to Redlands Police Officers Justin Jimenez, Darren Means, and Robert Williams recognizing their efforts in the recovery of stolen vehicles. Mayor Cunningham expressed the citizens' and City Council's appreciation for their work.

Minutes - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the minutes of the adjourned regular meeting of December 1, 1998, and the regular meeting of December 1, 1998, were approved as submitted.

Bills and Salaries - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, bills and salaries were ordered paid.

Planning Commission Actions - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the report of the Planning Commission meeting held on December 8, 1998, was acknowledged as received.

ERC Actions - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the report of the Environmental Review Committee meeting held on December 14, 1998, was acknowledged as received.

Ordinance No. 2391 - DRBA Advisory Board - Ordinance No. 2391, an ordinance of the City of Redlands amending Chapter 2.22 of the Redlands Municipal Code relating to the Downtown Redlands Business Association Board to allow a Councilmember to serve as a voting member of their board, was adopted on motion of Councilmember Gilbreath, seconded by Councilmember Freedman, by the following vote:

AYES:	Councilmembers Banda, Gilbreath, Freedman, George; Mayor Cunningham
NOES:	None
ABSENT:	None

Ordinance No. 2392 - Animal Regulations - Ordinance No. 2392, an ordinance of the City of Redlands amending Chapters 6.04, 6.05, 6.98, 6.12, 6.16, 6.20, and 6.24 of the Redlands Municipal Code relating to animals, was adopted on motion of Councilmember Gilbreath, seconded by Councilmember Freedman, by the following vote:

AYES:	Councilmembers Banda, Gilbreath, Freedman, George; Mayor Cunningham
NOES:	None
ABSENT:	None

Development Impact Fees Annual Report - Government Code Section 66066 (AB 1600) requires municipalities imposing development impact fees to prepare a report providing beginning and ending balances for the fiscal year, the fees, interest income and another income, a description of how the fees were expending during the past year, and any refunds or allocations. Mayor Cunningham announced he had a possible conflict of interest in regards to the Water Source Acquisition Fund (72). Remarking on the remaining funds in the report, he noted there were some significant loans from the General Fund for the library and City yard and then moved to accept the annual report of the development impact fees for the year ended June 30, 1998, for the Park Development Fund, Storm Drain Fund, Public Facilities Development Fund, Street Construction Fund, Open Space Fund, Traffic Signals Fund, Sewer Capital Improvement Fund, Water Capital Improvement Fund, and Solid Waste Capital Improvement Fund. Motion seconded by Councilmember Banda and carried unanimously. Councilmember Gilbreath moved to accept the annual report of the development impact fees for the year ended June 30, 1998, for the Water Source Acquisition Fund. Motion seconded by Councilmember Freedman and carried with Councilmember Cunningham abstaining from the vote.

Minor Subdivision No. 209 - The request for final approval of Minor Subdivision No. 209, a subdivision of approximately .65 acres of land into two single family lots for property located on a through lot between Via Vista and Valley View Drives, approximately 354 feet east of Margarita Drive in the R-E (Residential Estate) District, was withdrawn from the agenda.

Contracts - Recreation Bureau - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved the independent contractor agreement between the City of Redlands Recreation Bureau and Jackie Briggs to provide instruction in modeling and self esteem and authorized the Mayor and City Clerk to execute the document on behalf of the City. On motion of Councilmember Gilbreath, seconded by Councilmember Freedman the City Council unanimously approved the independent contractor agreement between the City of Redlands Recreation Bureau and Don Miller to teach karate and authorized the Mayor and City Clerk to execute the document on behalf of the City.

Waiver of Fees - Lincoln Pilgrimage - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved the request by the Boy Scouts of America for waiver of fees for the use of the Redlands Bowl, barricades, and public safety (police) services for the annual Lincoln Pilgrimage program.

Resolution No. 5588 - Eureka Street Conveyance - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved Resolution No. 5588, a resolution of the City Council of the City of Redlands relating to the conveyance of real property located along Eureka Street to David P. Crain and Kathleen A. Crain.

Funds - Cities Pavillion Plan Check - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved the appropriation of funds in the amount of $1,196.40 for professional services associated with structural plan check for the Cities Pavillion project. It was noted that the costs for these technical services are paid by the applicant.

Waiver of Fees - Showmobile - Pointing out the City of Redlands is known to cooperate with its neighboring cities, Councilmember George moved to authorize a waiver of $550.00 in fees for the City of Highland Historic and Cultural Preservation Board for the one day use of the showmobile providing that certain other requirements noted in the rental contract are met for towing, set-up, a deposit, insurance coverage, and rental period. Motion seconded by Councilmember Freedman and carried unanimously.

High Groundwater Extraction Agreement - In another good neighbor gesture, Councilmember Cunningham moved to approve a high groundwater extraction agreement between the City of Redlands, the San Bernardino Valley Municipal Water District, and the West Municipal Water District of Riverside, and authorized the Mayor and City Clerk to execute the document on behalf of the City. Motion seconded by Councilmember Banda and carried unanimously.

Metrolink Extension Project - Noting we are moving forward in increments, Councilmember Banda moved to approve the memorandum of understanding between the City of Redlands and SANBAG for the Petroleum Violation Escrow Account (PVEA) Redlands Metrolink Extension Project which will provide for the rerouting of Omnitrans buses off of Redlands Boulevard and nearer the proposed Metrolink Station, and authorized the Mayor, City Clerk, and City Attorney to execute the document on behalf of the City. Complimenting City Manager Luebbers for his efforts, Councilmember George seconded by motion which carried unanimously.

Resolution No. 5577 - Acquisition of Property - Public hearing was advertised for this time and place to consider a resolution of necessity and the accompanying Negative Declaration for the acquisition of property and the construction of water line facilities to serve Tract No. 14790-1, said facilities extending between Lantern Crest Drive and Sunset Hills Lane. Mr. Brian K. Buoye, property owner, has given notice that he intends to appear and be heard at 7:00 P.M. on this date; therefore, this item was continued to the 7:00 P.M. session.

Lease Agreement - Junior All American Football - Police Chief Bueermann reported that the Junior All American Football (JAAF) organization has been utilizing Community Park ballfields to offer youth football programs. JAAF has requested a lease agreement which will allow them to provide field maintenance services in lieu of paying rental fees. As proposed, JAAF will submit receipts depicting maintenance expenditures totaling a minimum of $3,500.00 per year which is the field rental fee estimated per their schedule of use. Dave Eason assured Mayor Cunningham that concerns expressed about the timing problems the field lighting have been addressed. Councilmember George moved to approve the lease agreement between the City of Redlands and the Junior All American Football and authorized the Mayor and City Clerk to execute the document on behalf of the City subject to review and approval by the City Attorney. Motion seconded by Councilmember Banda and carried unanimously.

Appointment - Public Works Commission - Mayor Cunningham moved to nominate James Q. Reed to serve a four-year term on the Public Works Commission. Motion seconded by Councilmember George and carried unanimously.

Appointments - Library Board - Mayor Cunningham moved to nominate William D. Hatfield and James R. Dunn to a second three-year term on the Library Board. Motion seconded by Councilmember Gilbreath and carried unanimously. Mayor Cunningham complimented members of the Library Board for their dedication to the A. K. Smiley Public Library.

Resolution No. 5587 - Great Neighborhoods Program - Councilmember Banda moved to adopt Resolution No. 5587, a resolution of the City Council of the City of Redlands authorizing the use of low- and moderate-income housing funds outside the Redlands Project Area for the Great Neighborhoods Program. Motion seconded by Councilmember Gilbreath and carried unanimously. (Also see Redevelopment Agency minutes of December 15, 1998.)

The City Council meeting recessed at 3:23 P.M. to continue the Redevelopment Agency meeting and reconvened at 3:24 P.M. to a closed session to discuss the following:

1. Conference with legal counsel: Existing litigation - Government Code Section 54956.9(a): Sharon Ann Scott v. City of Redlands and Majestic Realty Company v. City of Redlands

The meeting reconvened at 7:00 P.M.

Resolution No. 5577 - Acquisition of Property - Notice was given for this time and place to consider a resolution of necessity and the accompanying Negative Declaration for the acquisition of property and the construction of water line facilities to serve Tract No. 14790-1, said facilities extending between Lantern Crest Drive and Sunset Hills Lane. Mayor Cunningham declared the meeting open for this hearing and called upon City Attorney McHugh who explained the nature and scope of this hearing. City Clerk Poyzer reported that a notice of this hearing was sent on November 23, 1998, to Brian W. and Kimberly K. Buoye by certified mail with a return receipt requested; said notice was returned by the Post Office to the City on December 14, 1998, as unclaimed. Municipal Utilities Director Phelps reported this easement is required for the construction of a waterline and appurtenances through private property to serve Tract No. 14790-1 located off of Alessandro Road. The tract is presently under development and contains 40 residential lots. The subdivision is required to install a waterline and appurtenances within the easement to provide the necessary fire flow (1,500 gallons per minute) required by the Redlands Fire Department. The easement will traverse along a ridge starting from the terminus of Lantern Crest Drive (cul-de-sac) to a connection point on Sunset Hills Lane within the subdivision. The easement is 20 feet in width and contains an eight inch water main and will also serve to implement a portion of the General Plan trail system with which it coincides, providing an easement for trails. City Clerk Poyzer reported that on December 3, 1998, a written notice was received from Brian W. Buoye giving notice of intent to appear and be heard at this hearing regarding the property at issue.

At this time, Mayor Cunningham called upon Mr. Buoye to address the City Council. Mr. Buoye explained at length that he had been in negotiations with Mr. John Patterson, President of Classic Pacific, for the past two months, and that he is unwilling to grant the requested easement at the proposed price as he feels it will destroy his property for development purposes. He did not understand why the pipeline could not be placed down the middle of the road rather than across his property. Mr. Eric Naftzger, an adjacent property owner, informed Councilmembers he was troubled with the developer's disregard for unimproved property. Mr. Patterson also addressed the City Council explained how the negotiations have proceeded and noted the waterline goes though the equestrian trail easement which is already on the property. City Attorney McHugh explained the how the City became involved in this situation noting that the appraiser hired by the City appraised the land at $982.00. Following over an hour of discussion with the parties involved, Councilmember Freedman moved to continue this matter to the December 29, 1998, adjourned regular meeting which is scheduled to be held at 10:30 A.M. which would allow Messrs. Buoye and Patterson to make another attempt at negotiating before the City Council takes the eminent domain action requested. Motion seconded by Councilmember Gilbreath and carried unanimously.

Ordinance No. 2386 - Sign Code - Public hearing was advertised for this time and place to consider Ordinance No. 2386 adopting Zoning Ordinance Text Amendment No. 262 by amending Chapter 15.36 of the Redlands Municipal Code concerning signs with specific changes as follows: Section 15.36.100, "Sign Approval Required"; 15.36.150, "Prohibited Signs"; 15.36.250, "Signs in the Downtown Business District"; 15.36.400, "Automobile Dealership Signs"; and 15.36.520 "General Regulations for Banner Signs." Community Development Director Shaw reported that in July, 1998, the City's first comprehensive update of the Sign Code took effect. After this Code amendment took effect, the car dealers approached the City Council about changes that they desired. On August 4, 1998, the City Council directed staff to complete a zoning ordinance text amendment to accommodate the auto dealers' request. One important note about this proposal is that it only applies new car dealerships; used car dealerships are not included. Additional changes included in this amendment are recommended based on problems that occurred since the new Sign Code was implemented. Community Development Director Shaw reviewed the proposed changes. Mayor Cunningham expressed concerns about the language allowing temporary signs and balloons. He felt there should be code enforcement controls included and was adamant that the big balloons on roof tops should not be allowed. Councilmembers concurred with his thoughts. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. None being forthcoming, the public hearing was continued to January 19, 1998, and staff was directed to share the City Council's concerns with representatives of the auto dealerships and modify the language within proposed Ordinance No. 2386.

Appeals - Cities Pavillion Project - Public hearing were advertised for this time and place to consider appeals filed by the City of Redlands and Majestic Realty Company as relates to Planning Commission Review and Approval No. 696 for a 96,800 square foot commercial building which will contain an 18 screen theater, restaurants, and retail uses on approximately 21.4 acres in Concept Plan No. 4 of the East Valley Corridor Specific Plan located between San Bernardino Avenue and Pennsylvania Avenue, on both sides of New York Street, and Conditional Use Permit No. 681 for a 77,860 square foot 18 screen motion picture theater within a 96,800 square foot building in Concept Plan No. 4 of the East Valley Corridor Specific Plan located between San Bernardino Avenue and Pennsylvania Avenue, on both sides of New York Street. Community Development Director Shaw reported this development project is located at the southeast corner of Tennessee Street and San Bernardino Avenue in the Special Development District of the East Valley Corridor Specific Plan. The project has been the subject of several previously approved land use entitlements. The entitlements include approval of Concept Plan No. 4 (approved by the City Council on August 1, 1995), approval of Development Agreement No. 9 (approved by the City Council on October 21, 1997), and approval of Planning Commission Review and Approval No. 682 (approved by the Planning Commission on June 24, 1997). The purpose of the development agreement was to "lock-in" the rules and regulations governing the development of the project which includes a multi-phased commercial center, administrative professional uses, a multi-screen theater, and related improvements relative to the overall project site, to those rules and regulations in effect on October 21,1997. On November 10, 1998, Cities Pavillion received Planning Commission approval for Commission Review and Approval No. 696 (CRA 696) and Conditional Use Permit No. 681 (CUP 681). CRA 696 approves Building A a for the project which was designed for an 18 screen theater (77,800 square feet), a restaurant (4,500 square feet), and retail uses (14,440 square feet). CUP 681 specifically approved the proposed theater use within the space allotted for this use in Building A under CRA 696. The design, materials of construction, textures and colors of the architecture of Building A are identical to those previously approved by the City under CRA 682. This is true also for the landscaping and irrigation plans, traffic circulation, and required number of spaces to support all three proposed land uses (theater, restaurant, and retail area). CRA 696 and CUP 681, which were unanimously approved by the Planning Commission on November 10, 1998, are being appealed by Redlands Joint Venture. It is the appellant's contention that the Planning Commission's action on both of these items was inappropriate for the reasons stated in the appeal. The appellant is the owner of property located in the County of San Bernardino and the developer of a competing commercial project proposed on approximately 124 acres located between San Bernardino Avenue, Alabama Street, Lugonia Avenue, and Route 30 Freeway. Community Development Director Shaw then reviewed the appellant's reasons and staff's responses.

Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. Representing Redlands Joint Venture, Attorney John Mirau reiterated at length the reasons the appeal was filed. Attorney Sherman Stacy, representing Cities Pavillion, responded at length to Mr. Mirau's allegations. There being no further comments, the lengthy public hearing was closed. Having reviewed the stack of papers, listening to the rhetoric of both sides, relying on what staff has said, and the analysis prepared for this hearing and staff's response to every item that was put forth by the appellant, Councilmember Freedman said he was convinced the City Council should support our Planning Commission on this decision. He then moved to direct staff to bring back findings that would support the Planning Commission decisions and clarify, if needed, the environmental issues and prepare the appropriate findings for the City Council's action on January 19, 1999. The motion was seconded by Councilmember Banda. Councilmember Gilbreath stated she would oppose the motion as she agreed with Mr. Mirau's opinion. Councilmember George indicated he was uncomfortable directing staff to bring back findings based on the Planning Commission decision; that he would prefer staff analyze the testimony heard at this public hearing and provide the City Council with options. Councilmember Banda said she had not heard anything new at this public hearing. Councilmember Freedman did not feel his motion pre-determined a decision because he was asking staff to review the testimony heard at this public hearing. Mayor Cunningham responded at length to Mr. Mirau's comments stating they were unfair and invalid. Councilmember George said he wished that Majestic would sell out and let the City negotiate with another party along another track. The motion carried with Councilmembers Gilbreath and George voting NO.

Recess - The City Council recessed at 9:35 P.M. and reconvened at 9:45 P.M.

General Plan Amendment No. 67 - Public hearing was advertised for this time and place to consider General Plan Amendment No. 67 which includes six separate components that propose changes to the text of the General Plan and Land Use Map. Community Development Director Shaw explained that these amendments include one text change to Section 1A.10, Principles of Managed Development; one text change to Section 4.0, Land Use Element; and four specific land Use Map changes. The purpose of these amendments is to bring the General Plan into conformance with previous actions that have been taken which necessitate consideration by the City Council. He then presented a detailed analysis of each component of the General Plan Amendment. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. None being forthcoming, the public hearing was declared closed, and the following actions were taken:

Resolution No. 5581 - General Plan Amendment No. 67(A) - Councilmember George moved to adopt Resolution No. 5581, a resolution of the City Council of the City of Redlands adopting General Plan Amendment No. 67(A) revising the text of Section 1A.10(B) of the Land Use Element of the Redlands General Plan and insert Pre-Annexation Agreements among the projects requiring a socio-economic cost/benefit study. Motion seconded by Councilmember Freedman and carried unanimously.

Resolution No. 5582 - General Plan Amendment No. 67(B) - Councilmember George moved to adopt Resolution No. 5582, a resolution of the City Council of the City of Redlands adopting General Plan Amendment No. 67(B) revising the text of Section 4.40 of the Land Use Element of the Redlands General Plan and revising the slope density formula structure contained in the Rural Living and Very Low Density categories to be consistent with Section 4.42(m). Motion seconded by Councilmember Freedman and carried unanimously.

Resolution No. 5583 - General Plan Amendment No. 67(C) - Councilmember George moved to adopt Resolution No. 5583, a resolution of the City Council of the City of Redlands adopting General Plan Amendment No. 67(C) revising the Official Land Use Map of the Redlands General Plan changing the land use designation from Medium-Density Residential to Parks/Golf Courses on a triangular portion of land within the boundaries of an existing City park located on the south side of Highland Avenue, west of the El Carmelo Retreat. Motion seconded by Councilmember Freedman and carried unanimously.

Resolution No. 5584 - General Plan Amendment No. 67(D) - Councilmember George moved to adopt Resolution No. 5584, a resolution of the City Council of the City of Redlands adopting General Plan Amendment No. 67(D) revising the Official Land Use Map of the Redlands General Plan changing the land use designation from low Density Residential to Parks/Golf Courses for two small triangular portions of land adjacent to and along the north side of a designated linear park south along the Santa Ana River approximately 656 feet east of Church Street. Motion seconded by Councilmember Freedman and carried unanimously.

Resolution No. 5585 - General Plan Amendment No. 67(E) - Councilmember George moved to approve the Environmental Review Committee's Negative Declaration for General Plan Amendment No. 67(E) 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 Freedman and carried unanimously. Councilmember George moved to adopt Resolution No. 5585, a resolution of the City Council of the City of Redlands adopting General Plan Amendment No. 67(E) revising the Official Land Use Map of the Redlands General Plan changing the land use designation from Flood Control/Construction Aggregates to Very Low Density Residential for consistency with the Flood Insurance Rate Map (FIRM) boundaries on unincorporated property within the City's Sphere of Influence located along the north side of Highway 38, approximately 4,250 feet east of Garnet Street and along the south side of the City Limit Line to its intersection with Highway 38. Motion seconded by Councilmember Freedman and carried unanimously.

Resolution No. 5586 - General Plan Amendment No. 67(F) - The Planning Commission voted 3-3 on General Plan Amendment No. 67(F); this equates a no-action vote and therefore must be carried over to the December 29, 1998, Planning Commission meeting for further discussion and recommendation. Councilmember George moved to continue Resolution No. 5586, a resolution of the City Council of the City of Redlands which would adopt General Plan Amendment No. 67(F) to change the land use designation from Rural Living to Low Medium Density Residential on an unincorporated 20.44 acre parcel located at the northeast corner of Wabash Avenue and Fifth Avenue, within the City's Sphere of Influence, to the December 29, 1998, adjourned meeting of the City Council to be held at 10:30 A.M. Motion seconded by Councilmember Freedman and carried unanimously.

There being no further business, the City Council meeting adjourned at 9:58 P.M. to an adjourned regular meeting to be held on Tuesday, December 29, 1998, at 10:30 A.M. (or as soon thereafter as Planning Commission business will permit) in the City Council Chambers, 35 Cajon Street, Suite 2, Redlands, California.

STUDY SESSION

Measure U Socio-Economic Study - The City Council held a third study session to review the socio-economic cost/benefit evaluation criteria and process for compliance with the implementation of Measure U and the General Plan. Community Development Director Shaw reviewed the Planning Commission's recommendation of the socio-economic cost/benefit evaluation criteria and process implementing provisions of Measure U and the General Plan. He then reviewed staff's recommendation which included the City Council's directives from their previous study sessions. Resolution No. 5580 approves and implements the revised socio-economic checklist to include listing of thresholds and the cost of benefit model and processing procedures as follows:

1. Complete the socio-economic evaluation and cost/benefit study as a separate analysis but in conjunction with and at the same time as conducting the environmental assessment of the project.
2. Utilize the socio-economic evaluation checklist as a process. Staff would review projects. Projects that are determined to potentially have a significant socio-economic impact may be required to prepare a study to provide additional information and evaluate those impacts identified in the checklist. If a study was needed that required a specific area of expertise, it would be prepared by an independent consultant working for the City of Redlands. The cost of completing any work on the study would be paid for by the applicant. Appeals to staff determinations would go directly to the City Council. The applicant or any member of the public may appeal the Environmental Review Committee's decision.
3. Providing notification to the community that a project is being considered by the City and is being evaluated for socio-economic cost/benefit impacts should occur at the earliest point in the review process and throughout the review process. Notice shall be provided in the following ways: (a) a ten day notice in the newspaper and to all property owners within a 300 foot radius of the project for hearings before the Environmental Review Committee, Planning Commission, and City Council; (b) an agenda item to be included for the City Council meetings for upcoming Environmental Review Committee and Planning Commission meetings; (c) an agenda item to be included for the City Council meetings of prior actions by the Environmental Review Committee and Planning Commission; and (d) notification will be incorporated on the City's web site.
4. Regarding the implementation of a cost/benefit study for a proposed General Plan, Specific Plan, or Concept Plan which do not have a specific project, by adoption of Resolution No. 5579 (scheduled for the 3:00 P.M. session) the City Council will determine that the type of development project required to submit a socio-economic impact report is a development project which shows a specific plan for building design or construction, such as a subdivision map, conditional use permit, Planning Commission review and approval, or building permit - not a development project which merely consists of a general plan amendment, specific plan amendment, concept plan, or zone change. 5.
5. Regarding the requirement to determine if "the benefit of the development project to the City outweighs any direct cost to the City...." the City would evaluate, consider, and "weigh" information derived from the socio-economic elements along with information derived from the cost/benefit analysis in coming to a final determination.

Resolution No. 5580 - Measure U - Councilmember Banda asked for more definitive language in the "Processing Procedure" paragraph (B.2) of Resolution No. 5580 by amending the second-to-last sentence to read: "Dependant upon the expertise required, such additional studies may be prepared by City staff or by an independent consultant under contract to the City." This change was acceptable to members of the City Council. Mayor Cunningham said this document was a better piece of work than proponents of Measure U anticipated. He complimented staff for a "yeoman piece of work" and moved to adopt Resolution No. 5580, a resolution of the City Council of the City of Redlands establishing procedures for the processing of socio-economic analyses and cost/benefit studies pursuant to the Redlands General Plan (Measure U). Motion seconded by Councilmember Banda and carried unanimously.

There being no further business, the City Council meeting adjourned at 9:29 A.M. The next regular meeting will be held on December 1, 1998, at 3:00 P.M.

The meeting was opened with an invocation by Mayor Pro Tem Banda followed by the pledge of allegiance.

CONSENT CALENDAR

Minutes - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the minutes of the adjourned regular meeting of November 17, 1998, the regular meeting of November 17, 1998, and the adjourned regular meeting of November 20, 1998, were approved as submitted.

Bills and Salaries - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, bills and salaries were ordered paid.

ERC Actions - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the report of the Environmental Review Committee meeting held on November 23, 1998, was acknowledged as received.

Ordinance No. 2385 - Development Agreements - Ordinance No. 2385, an ordinance of the City of Redlands amending Chapter 18.220 of the Redlands Municipal Code relating to development agreements, was adopted on motion of Councilmember Gilbreath, seconded by Councilmember Freedman, by the following vote:
AYES: Councilmembers Banda, Gilbreath, Freedman, George;
Mayor Cunningham
NOES: None
ABSENT: None

Ordinance No. 2387 - Zone Change No. 368 - Ordinance No. 2387, an ordinance of the City of Redlands adopting Zone Change No. 368 to establish pre-zoning classification pending annexation of 8.95 acres within the City's sphere of influence to A-1 (Agricultural) District (five-acre lots) located on the southeast corner of Wabash Avenue and Sixth Street was adopted on motion of Councilmember Gilbreath, seconded by Councilmember Freedman, by the following vote:
AYES: Councilmembers Banda, Gilbreath, Freedman, George;
Mayor Cunningham
NOES: None
ABSENT: None

Ordinance No. 2389 - Zone Change No. 370 - Ordinance No. 2389, an ordinance adopting Zone Change No. 370 and establishing pre-zoning classification pending annexation of 82 acres of land within the City's Sphere of Influence to the M-2 (General Industrial) District for property bounded by the Santa Ana River to the north, City Limit Line to the east, San Bernardino Avenue to the south, and Mountain View Avenue to the west, was adopted on motion of Councilmember Gilbreath, seconded by Councilmember Freedman, by the following vote:
AYES: Councilmembers Banda, Gilbreath, Freedman, George;
Mayor Cunningham
NOES: None
ABSENT: None

Resolution No. 5553 - Conflict of Interest Code - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5553, a resolution of the City Council of the City of Redlands adopting an amended Conflict of Interest Code pursuant to the Political Reform Act of 1974 reflecting the new position, Deputy Fire Chief, and deleting the positions Fire Division Chief and Legal Assistant.

Sale of Surplus Equipment - Councilmember Gilbreath moved to declare certain natural gas engines and associated miscellaneous equipment and the 1975 Crown ladder fire truck as surplus, subject to the provision that the ladder fire truck would not be sold until the new ladder fire truck is in use and full operation and that proceeds from said sale would be applied to the renovation project for Fire Station No. 1, and authorized the Municipal Utilities Department to negotiate a sale or disposal of the surplus equipment. Motion seconded by Councilmember Freedman and carried unanimously.

Agreement - California Street Landfill - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously authorized a professional services agreement with 3D GeoServices, Inc. for the groundwater monitoring program analytical and reporting services for the California Street Landfill.

Agreement - California Street Landfill - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously authorized a professional services agreement with 3D GeoServices, Inc. to provide Joint Technical Document and Preliminary Closure Plan Reporting Services for the California Street Landfill.

Agreement - California Street Landfill - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously authorized an engineering services agreement with Vector Engineering, Inc. to furnish operational and closure engineering services for the California Street Landfill vertical expansion.

Agreement - California Street Landfill - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously authorized an agreement with Janechek & Associates to provide landfill gas system engineering services for the California Street Landfill.

Agreement - Honeywell Service - At the request of staff, an amendment to the existing service agreement between the City of Redlands and Honeywell, Inc. for HVAC systems was continued to December 15, 1998.

Easement - Metropolitan Water District - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved the sale of a five-year temporary easement to the Metropolitan Water District of Southern California for 2.22 acres at the Redlands Municipal Airport for the price of $17,538.00 and authorized execution of the temporary easement deed by the Mayor and City Clerk; staff was also directed to work with the Metropolitan Water District to finalize the temporary easement deed and joint escrow instructions which are acceptable to the City Attorney and the Federal Aviation Administration. The Metropolitan Water District plans to use the area at the Redlands Municipal airport for storage of equipment and material needed for the construction of the Inland Feeder.

Agreement - Richmond Technologies - Following brief discussion, on motion of Councilmember Freedman, seconded by Councilmember Gilbreath, the City Council unanimously approved an agreement between the City of Redlands and Richmond Technologies regarding removal of the railroad spur at Colton and Wabash Avenues in connection with the improvement project at that location.

Resolution No. 5579 - Socio-Economic Impact Studies - Mayor Cunningham announced the City Council adopted Resolution No. 5580 earlier in the day (see minutes of adjourned regular meeting of December 1, 1998) approving the socio-economic cost/benefit criteria and process for compliance with the implementation of Measure U and the General Plan, and that the City is now moving forward to begin processing projects. He then moved to adopt Resolution No. 5579, a resolution of the City Council of the City of Redlands implementing the voter-approved initiative amending the Redlands General Plan commonly known as Measure U as the measure related to socio-economic impact studies. Motion seconded by Councilmember Banda and was so ordered by the Mayor as there was no opposition to the motion. This resolution provides that only development projects with specific building design or construction plan shall be required to submit a socio-economic impact analysis and cost/benefit study.

Water Main - Tract No. 14790-1 (Sunset Hills) - Notice was advertised for this time and place to consider a mitigated negative declaration for the acquisition of a water main easement and construction of a water main extending between Lantern Crest Dive and Sunset Hills Lane to serve Tract No. 14790-1 (Sunset Hills). At the request of staff, this item was continued to December 15, 1998, at 3:00 P.M.

Appointment - Public Works Commission - An appointment to the Public Works Commission was postponed by the Mayor to December 15, 1998.

Budget Review - City Manager Luebbers reported the Finance Committee met on November 24, 1998, to discuss General Fund finances and review the expenditures and receipts for the first quarter of the 1998-99 fiscal year. The savings reflected are mainly due to the decision to hold certain employee positions vacant and to delay certain capital outlay in an effort to control costs. The three-year projection continues to look bleak with a $685,930.00 deficit projected in fiscal year 1999-00 and a $1,314,230 projected deficit in fiscal year 2000-01. Although every effort is being made to reduce expenditures, there is a limit to how far down this road one can go before the impact begins to be felt in reduced services and or personnel. The discussion of enhancing revenues has been minimal but is equally as compelling as reducing expenditures. A number of options, from specific taxes to an aggressive retail development posture, are available and should be explored. Councilmember George thanked Mr. Luebbers for the dose of reality and his good work and expressed his concerns that these efforts are only a temporary solution. He felt the City needed to aggressively seek in-fill tenants now that we have the opportunity to move forward having completed the lengthy process to implement Measure U. Councilmember Freedman agreed and gave the "green light" to City Manager Luebbers to go get the business and bring it into town. Councilmember Banda stated that was already being done but wanted the process continued with renewed energy. Councilmember Gilbreath expressed her concerns that this City was not going to grow economically with only residential building and said the quality of life is not the same in Redlands. She cited the patching of sidewalks with blacktop as one example. Sidewalk repair was discussed at length by the City Council. Mayor Cunningham expressed his appreciation to City Manager Luebbers for the presentation of the most bleak scenario but noted there are projects in the pipeline that will bring in more property taxes. Councilmembers agreed they needed to continue to lobby State legislators to return cities' monies that have been taken away by the State during the past several years.

Ordinance No. 2392 - Animals - Police Chief Bueermann explained that due to modifications in State legislation pertaining to animal regulations and the care and handling of animals, it is necessary to update and amend the Redlands Municipal Code. In addition, Animal Control Officers have found that the municipal code does not address the variety of animals and situations they are confronted with on a regular basis. Chapter 6 has been amended to include new vaccination, rabies, and impounding requirements as well as a process for keeping and regulating non-domestic animals. Ordinance No. 2392, an ordinance of the City of Redlands amending Chapters 6.04, 6.05, 6.08, 6.12, 6.16, 6.20, and 6.24 of the Redlands Municipal Code relating to animals, was read by title only by City Clerk Poyzer, and on motion of Councilmember Freedman, seconded by Councilmember Gilbreath, further reading of the ordinance text was unanimously waived, and Ordinance No. 2392 was introduced with unanimous Council approval and laid over under the rules with adoption scheduled for December 15, 1998.

Ordinance No. 2391 - DRBA Advisory Board - Police Chief Bueermann explained the Downtown Redlands Business Association Board has proposed an amendment to the Redlands Municipal Code which would allow, as an option, a Councilmember to serve as a voting member of their board. Members believe this will facilitate communication between the downtown business operators and the City Council and promote downtown interests. A minor amendment eliminating reference to the Parking and Business Improvement Area has also been amended to reflect the City Council's previous approval of changing the name of the business area to the Downtown Redlands Business Association. Ordinance No. 2391, an ordinance of the City of Redlands amending Chapter 2.22 of the Redlands Municipal Code relating to the Downtown Redlands Business Association Advisory Board, was read by title only by City Clerk Poyzer, and on motion of Councilmember Gilbreath, seconded by Councilmember George, further reading of the ordinance text was unanimously waived, and Ordinance No. 2391 was introduced with unanimous Council approval and laid over under the rules with adoption scheduled for December 15, 1998. Councilmember George informed Councilmembers he had been asked to serve in this capacity by the DRBA board members and that he was comfortable with taking on this responsibility.

Commission/Board Council Liaisons - During the above discussion, Mayor Cunningham noted that in the past Councilmembers have rotated Commission/Board liaison assignments on a quarterly basis. This has not been done this past year, but Councilmembers indicated by not commenting that the current assignments were satisfactory and that the rotation was not necessary.

Funds - Contract Award - Community Center Renovations - Bids were opened and publicly declared on November 19, 1998, by the City Clerk for the construction of the Community Center Renovations, Phase II, 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 NBI General Contractors in the amount of $145,000.00, and it would be in the best interest of the City that this contract be awarded to said firm. Staff also recommended an appropriation of $65,000.00 from the Community Development Block Grant fund to cover the amount of the contract award. On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, these recommendations were unanimously approved.

Resolution No. 5578 - Measure U Exemption - Councilmember Cunningham moved to adopt Resolution No. 5578, a resolution of the City Council of the City of Redlands determining an exemption from traffic and socio-economic study requirements of the Redlands General Plan (Measure U) for the Mountain View Acres Senior Retirement Facility proposed on property located on the corner of Fifth and Wabash Avenues in the County of San Bernardino, subject to a written agreement signed by them that meet the conditions contained within the resolution. Motion seconded by Councilmember Banda. Councilmember George expressed his concerns that Buildings E and F showed kitchenettes on the plans which did not indicate congregate care. He also noted the property has not been annexed to the City yet and felt there was no hurry proceeding at this time. Councilmember Cunningham said the authors of Measure U had this project in mind for exemption when the initiative was drafted; he also noted that if the property is not annexed to the City, this action is moot. The motion then carried with Councilmember George voting NO.

Lease Agreement - Boys and Girls Club of Redlands - Councilmember Banda moved to approve a lease agreement between the City of Redlands and the Boys and Girls Club of Redlands and authorized the Mayor and City Clerk to execute the document on behalf of the City. Motion seconded by Councilmember Freedman and carried unanimously. This lease agreement provides for the use of one parking space at Joslyn Senior Center which will be auctioned during the Chocolate Fantasy fundraiser for the bidder's exclusive use during the 1999 season of the Redlands Bowl's Summer Music Festival. This is the third year this offering has been auctioned by the Boys and Girls Club of Redlands.

The City Council meeting recessed at 3:50 P.M. to a Redevelopment Agency meeting and reconvened at 3:51 P.M. to a closed session to discuss the following:

1. Conference with legal counsel: Existing litigation - Government Code § 54956.9(a) - Redlands Crossing v. City of Redlands - CV 98-2296WDK
2. Conference with legal counsel: Anticipated litigation - Government Code § 54956.9(c) - One case

   The meeting reconvened at 7:00 P.M.

Mayor Cunningham welcomed Boy Scout Troop No. 14 from the American Legion Post No. 650 to this meeting.

Ordinance No. 2386 - Signs - Public hearing was advertised for this time and place to consider a Negative Declaration and Zoning Ordinance Text Amendment No. 262 related to sign approval, prohibited signs, signs in the downtown business district, automobile dealership signs, and banner signs. Staff announced additional time was needed to prepare the final ordinance language in proper form and recommended continuing this public hearing to December 15, 1998. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. None being forthcoming, the public hearing was unanimously continued as recommended on motion of Councilmember Cunningham, seconded by Councilmember Banda.

Ordinance No. 2388 - Zone Change No. 369 - Public hearing was advertised for this time and place to consider a proposal for a negative declaration and pre-zoning pending annexation of 229 acres of land within the City's sphere of influence. This zone change was initiated in response to Annexation No. 76A which included the Redlands East Valley High School, Sunchase residential community, and several industrial properties. As of November 18, 1998, the annexation application was denied by the Local Agency Formation Commission. Therefore, this prezoning is no longer necessary, and staff stated it was appropriate to close the file and terminate the matter at this time. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. None being forthcoming, the public hearing was closed, and Councilmember Banda moved to terminate proceedings on Ordinance No. 2388 and withdraw Zone Change No. 369 from consideration. Motion seconded by Councilmember Freedman after he said it was a shame that LAFCO denied this application. The motion carried unanimously.

Appeal - Pharaoh's - Public hearing was advertised for this time and place to consider a City Council appeal of the Planning Commission's consideration for the revocation of Conditional Use Permit No. 617 for Pharaoh's Lost Kingdom Amusement Park located on approximately 16.88 acres of land in the CG (General Commercial) District of Concept Plan No. 3 located on the southwest corner of California Street and Lugonia Avenue.

Community Development Director Shaw reported the Planning Commission reviewed the revocation of Pharaoh's Lost Kingdom's conditional use permit on September 22, 1998, and October 13, 1998. Section 18.192.150 of the Redlands Municipal Code provides that the Planning Commission, after notice and public hearing, may revoke or modify any conditional use permit for noncompliance with of any of its conditions. There were six issues that staff presented at the September 22, 1998, hearing relating to the manner in which the applicant has been operating the amusement park and/or issues that the City has sought resolution for some time. The Planning Commission's staff report and background information was provided to the City Council. Community Development Director Shaw reviewed the issues in question:

1. Conducting temporary special events, such as outdoor music festivals and charity duck races, that far exceeded the projected peak attendance (2,573 people) considered in the original approval of Conditional Use Permit No. 617;
2. Illegal use of the vacant and unimproved property, located at the southeast corner of California Street and Orange Tree Lane, for temporary parking facilities to accommodate overflow parking for the temporary special events;
3. Installation of two illegal cross connections between the park's on-site non-potable well discharge line served by a metered connection to the City's domestic water system;
4. Re-occurring violations of the Redlands Sign Code which included: failure to acquire the appropriate City permits for the use of banners and a searchlight; the use of and failure to remove signs within various areas of the park that are classified as "prohibited signs", i.e. flags, pennants, balloons, etc.;
5. Failure to correct certain violations of the Uniform Fire Code; and
6. Placement of a six foot wrought iron fence at the property line along Lugonia Avenue without obtaining formal approval or a building permit and in violation of the conditional use permit.

After much discussion, the Planning Commission directed staff to address some of these issues in the form of additional conditions that could be applied to their conditional use permit and for staff to bring back the proposed conditions for their consideration on October 13, 1998. A synopsis of each issues was provided to the City Council. Many of the violations were resolved prior to that meeting, but because of Pharaoh's Lost Kingdom's noncompliance with the conditions of its permit, the Planning Commission amended the conditions of approval for Conditional Use Permit No. 617 as recommended by staff and imposed the following new conditions which re-emphasize and clarify the existing limitations on the permit:

1. The maximum attendance at any time during the operations of the amusement park shall not exceed 2,573 people;
2. The applicant shall provide the Community Development Director with a copy of the daily attendance figures of the park on a monthly basis and shall be submitted by the 10th of the following month;
3. No temporary special events shall be held unless and until the applicant obtains approval of a revision to Conditional Use Permit No. 617 to conduct such events and to ensure that the appropriate parking is authorized for the regular operations as well as the temporary special events. Temporary special events are deemed to be those events conducted beyond the normal operations of the venues of the amusement park during operating hours; and
4. Under no circumstances shall the amusement park utilize off-site parking for the operations of the park except as provided under Section 18.164 of the Redlands Municipal Code.

Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. Rich Woodhouse provided the City Council with copies of their response and position on the issues. He stated Pharaoh's endorsed and would comply with the parking requirements set by the Planning Commission. Regarding the water issue, he stated a mistake had happened but assured Councilmembers it would not happen again and provided a copy of a new policy for their employees. He concluded his presentation saying they had made mistakes but had corrected them and would comply with all City laws in the future. Art Braswell apologized for causing City staff these problems but noted that construction and operation of an amusement park was a first for the owners and City staff and that it had been a learning experience for all involved. He urged the City Council to uphold the Planning Commission finding and decision. Jim Braswell stated he was embarrassed to be in this situation and pledged to continue to support the City of Redlands. Mayor Cunningham reviewed the issues and asked for clarification regarding a recent news story that reported Pharaoh's was delinquent in its property taxes. The comptroller of Pharaoh's stated they have paid all tax bills received but that he was expecting to receive escape assessments following the requested audit. He assured Councilmembers they were working with the County Tax Collector and he would investigate the allegation of delinquent taxes. Councilmembers expressed satisfaction with the Planning Commission's approval of the amendments to the conditional use permit, but were desirous of additional information on actual water usage and a report from staff regarding the water impact fee which may have been estimated too low. Mayor Cunningham declared the public hearing closed, and on motion of Councilmember Cunningham, seconded by Councilmember Banda, this item was continued to January 19, 1999.

Ordinance No. 2390 - Zoning Ordinance Text Amendment No. 260 - Public hearing was advertised for this time and place to consider Ordinance No. 2390, an ordinance of the City of Redlands amending Chapters 18.12, 18.192, and 18.196 of the Redlands Municipal Code relating to time limit of development on approved applications and City Council approval on certain variances, as recommended by the Planning Commission. Community Development Director Shaw explained the proposed ordinance revises appropriate sections of the Development Code (Title 18) to accomplish three objectives: increase the time period for non-legislative project approvals from one year to two years; provide internal consistency in the Development Code and add new text which allows for time extensions of one year increments for a maximum of three on approved non-legislative projects as currently provided only in the conditional use permit chapter (18.192); and provide new text that variances filed in conjunction with projects requiring a Socio-Economic Cost/Benefit Study shall be granted by the City Council. The proposed amendment does not include legislative applications, such as zone changes, general plan amendments, or specific plans, as they are permanent approvals. In addition, subdivision map applications are not included as they are covered under the State Subdivision Map Act and are afforded an initial two year tentative map approval and one year time extensions (maximum of three). Mayor Cunningham expressed concern that the City Council was not involved in the extension of the variance approval process. This was discussed at length and the City Council agreed to continue this matter to allow staff to return with specific alternatives for their review. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. None being forthcoming, the public hearing was unanimously continued to January 19, 1999, on motion of Councilmember Banda, seconded by Councilmember Gilbreath.

There being no further business, the City Council meeting adjourned at 8:18 P.M. The next regular meeting will be held on December 15, 1998.

CLOSED SESSION

The meeting was called to order and immediately recessed to a closed session for the following purposes:

1. Conference with legal counsel: Anticipated litigation - Government
   Code § 54956.9(c) - Two (2) cases

There being no further business, the City Council meeting adjourned to an adjourned regular meeting to be held on December 1, 1998, at 9:00 A.M. in the City Council Chambers, 35 Cajon Street, Suite 2, Redlands, California.

STUDY SESSION

Measure U Socio-Economic Study - The City Council held a second study session to review the socio-economic cost/benefit evaluation criteria and process for compliance with the implementation of Measure U and the General Plan. Community Development Director Shaw summarized the Socio-Economic Citizen Committee report, the staff analysis, and the Planning Commission's review and recommendations. Councilmembers directed staff to build in an appeal process beginning at the Environmental Review Committee level and structured so that anyone could appeal at any level. Councilmembers desired additional noticing and posting of Environmental Review Committee and Planning Commission agendas such as on the City's web site. It was a consensus that General Plan amendments that are not project-specific would not require a Socio-Economic Study but would need to do the checklist. Councilmembers will provide staff with their "threshold" suggestions which will be included in a resolution which will be prepared for the next City Council meeting. Tex Moore addressed the City Council expressing his thoughts. Councilmembers agreed to schedule another study session on December 1, 1998, at 9:00 A.M. with the resolution scheduled for consideration during the evening session.

There being no further business, the City Council meeting adjourned at 10:08 A.M. The next regular meeting will be held on November 17, 1998, at 3:00 P.M.

The meeting was opened with an invocation by Mayor Cunningham followed by the pledge of allegiance.

Major Crime Investigation Participants - Following the discovery of human bones in the sewer and an intensive investigation, fifteen-year-old John Procter (J.P.) Remsen was arrested and charged for the gruesome stabbing murder of Tristen Jensen, age 14. Explosives were found at the Remsens' residence on Phlox Court and his parents were also arrested. Asking the participants in this investigation to stand and be recognized, Deputy Police Chief Hyman reported that 126 individuals representing 25 units/organizations devoted over 1,300 hours, 600 hours of overtime to this investigation. This labor intensive investigation was a graphic example of partnership teamwork of a wide assortment of employees. Mayor Cunningham and Deputy Police Chief Hyman presented certificates of appreciation to Deputy District Attorney Mike Ramos, and representatives from The Gas Company, Redlands Fire Department, Redlands Municipal Utilities Department, Redlands Public Works Department, Riverside Police Department E.O.D., San Bernardino County Coroner's Office, San Bernardino County Sheriff's Department Bomb/Arson Unit, San Bernardino County sheriff's Department Crime Lab, San Bernardino County Sheriff's Department Volunteer K9 Corps, and Southern California Edison Company. Also acknowledged for their assistance was the Federal Bureau of Investigation - Riverside Office, Federal Bureau of Investigation - S.A.F.E. Team, Los Angeles, and the Los Angeles Police Department Bomb Squad. Redlands Police Department personnel were asked to stand and be recognized.

Minutes - On motion of Councilmember Freedman, seconded by Councilmember Gilbreath, the minutes of the regular meeting of November 3, 1998, and the adjourned regular meeting of November 10, 1998, were approved as submitted.

Bills and Salaries - On motion of Councilmember Freedman, seconded by Councilmember Gilbreath, bills and salaries were ordered paid.

Planning Commission Actions - Mayor Cunningham moved to appeal the Planning Commission's decisions on November 10, 1998, regarding Planning Commission Review and Approval No. 696 and Conditional Use Permit No. 681 for Cities Pavillion Partners' applications for a 96,800 square foot commercial building which will contain an 18 screen theater, restaurants, and retail uses on approximately 21.4 acres in Concept Plan No. 4 of the East Valley Corridor Specific Plan located between San Bernardino and Pennsylvania Avenues on both sides of New York Street. Motion seconded by Councilmember Gilbreath and carried unanimously.

Ordinance No. 2363 - Nuisances - Ordinance No. 2363, an ordinance of the City of Redlands amending Chapter 8.04 of the Redlands Municipal Code relating to nuisances, was adopted on motion of Councilmember Freedman, seconded by Councilmember Gilbreath, by the following vote:
   AYES: Councilmembers Banda, Gilbreath, Freedman, George; Mayor Cunningham
   NOES: None
   ABSENT: None

Funds - Curb Ramp Improvement Project - On motion of Councilmember Freedman, seconded by Councilmember Gilbreath, the City Council unanimously approved an additional appropriation in the amount of $35,492.00 in the Local Transportation Fund (22 Fund) to pay for costs associated with the Curb Ramp Improvement Project. The Public Works Department has prepared plans and specifications for this project which will construct approximately 50 curb ramps at various locations throughout the City. When the project is completed, a TDA Claim form will be sent to SANBAG requesting 100 percent reimbursement for the cost of the project up to the balance existing in the City's account.

Funds - Fire Safety Demonstration Trailer - On motion of Councilmember Freedman, seconded by Councilmember Gilbreath, the City Council unanimously approved an additional appropriation in the amount of $26,930.00 in the 52 Fund to pay for costs associated with the Multihazard Mitigation Education Program related to FEMA-979-DR-CA. These funds will be used to purchase a Fire Safety Demonstration Trailer. This is a 50-50 percent cost share grant. Fire Marshal Temby has secured donations from Wal-Mart ($3,000.00) and Seven-W Enterprises, Inc. ($500.00), and a letter of commitment from Loma Linda University Medical Center (up to $23,000.00).

Agreement - Single Family Mortgage Revenue Bonds - On motion of Councilmember Freedman, seconded by Councilmember Gilbreath, the City Council unanimously approved an agreement between the City of Redlands and San Bernardino County authorizing the allocation of Single Family Mortgage revenue Bonds in Redlands. Redlands has maintained a cooperative agreement with the County for this purpose since 1995.

Resolution No. 5576 - Salary - Councilmember Cunningham moved to adopt Resolution No. 5576, a resolution of the City Council of the City of Redlands amending Resolution No. 5567 to move the Information Systems Technician position from the Police Department to the Municipal Utilities Department, change the M.I.S. Manager title to Senior Information Systems Technician, and change the title of Engineering Manager to Civil Engineer with R.E. (Registered Engineer) in the Municipal Utilities Department. Motion seconded by Councilmember Banda and unanimously carried.

Appointments - DRBA Advisory Board - On motion of Councilmember Freedman, seconded by Councilmember Gilbreath, the City Council unanimously appointed Larry Statler and Tammy Barr to the Downtown Redlands Business Association Advisory Board as recommended by the DRBA Advisory Board.

Trench Cut Fee Program - Public Works Director Mutter prepared a report providing information regarding the establishment of a fee to mitigate roadway damages due to utility cuts. The report considered various topics and concerns including legal issues, required engineering studies, various City construction standards and policies, issues to utility companies, and required ordinances and resolutions. Larry Todd, Southern California Edison Company Compliance Manager, asked the City Council to consider letting them work with City staff to formulate an ordinance. He also informed Councilmembers they were studying better trench methods to alleviate roadway damage. Arnold Dickson, The Gas Company, also addressed the City Council in support of sitting down with staff noting they could do a better job without a stick. By consensus, Council directed staff to meet with the utility companies and the Municipal Utilities Department to work out a position and draft an ordinance which addresses quality trench cuts.

Fire Station No. 261 Renovation - Councilmember Gilbreath reported that Jim Glaze offered to donate $25.00 for each car sold during the month of October to the Save Our Station Committee. In a show of support, his employees worked hard and had an outstanding sales month. Councilmember Gilbreath presented a check from Jim Glaze in the amount of $3,125.00 to SOS Committee Treasurer Jim Macdonald and said she would deliver a certificate of appreciation to Mr. Glaze. Fire Chief Enslow reported the remodel project funding program is well underway. SOS Committee members Jim Macdonald and Mayor Emeritus Swen Larson recently met with himself and Public Works Director Mutter to coordinate their budget with those funds already committed by the City of Redlands. During the meeting, the SOS Committee took on the complete responsibility of funding and remodeling the kitchen of the fire station. He then presented a revised funding plan which leaves a balance of only $35,359.00 yet to be funded. Staff is convinced the deficit can be made up by competitive bidding and continued receipt of donations by the SOS Committee. Public Works Director Mutter reported on the progress of the renovation project. City Manager Luebbers announced the new ladder truck arrived this week and will be in service by the first of the year.

Appointment - Public Works Commission - Mayor Cunningham reported an appointment to fill the vacancy on the Public Works Commission will be re-scheduled for the December 1, 1998, City Council meeting.

Resolution No. 5575 - Great Neighborhoods Program - Councilmember Banda moved to adopt Resolution No. 5575, a resolution of the City Council of the City of Redlands authorizing the use of low- and moderate-income housing funds outside the Redlands Project Area for the Great Neighborhoods Program. Motion seconded by Councilmember Freedman and carried unanimously. (Also see Redevelopment Agency minutes of November 17, 1998.)

Proclamation - Family Week - Councilmember Gilbreath moved to add the following item to the agenda which arose subsequent to the agenda being posted: "Authorization to issue a proclamation declaring the week of November 21-28, 1998, as Family Week." Motion seconded by Councilmember Banda and carried unanimously. Councilmember Freedman moved to authorize issuance of this proclamation which encourages our community to focus attention on the value and importance of the family. Motion seconded by Councilmember Gilbreath and carried unanimously.

The City Council meeting recessed at 3:32 P.M. to a Redevelopment Agency meeting and reconvened at 3:35 P.M. to a closed session to discuss the following:

1. Conference with legal counsel: Existing litigation - Government Code
   § 54956.9(a) - Redlands Crossing v. City of Redlands (CV98-2296WDK)
2. Conference with legal counsel: Anticipated litigation - Government Code
   § 54956.9(c) - One case

The meeting reconvened at 7:00 P.M.

Ordinance No. 2385 - Development Agreements - Public hearing was advertised for this time and place to consider Ordinance No. 2385, an ordinance of the City of Redlands amending Chapter 18.220 of the Redlands Municipal Code relating to development agreements. Community Development Director Shaw reported the intent of proposed Zoning Ordinance Text Amendment No. 261 was to establish a comprehensive procedure for the requirement of an annual review of development agreements and to ensure that the applicant provides written documentation of its legal or equitable interest in the property covered by the development agreement. Councilmember Gilbreath questioned the appeal process. City Attorney McHugh explained it is covered under another section of the Code. Councilmember Cunningham suggested amending the proposed ordinance to include a provision requiring notice of the annual review of a development agreement be included on the Consent Calendar of the City Council's agenda 30 days prior (or thereabouts). This was agreeable to all Councilmembers. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. None being forthcoming, the public hearing was declared closed. Ordinance No. 2385 was read by title only by City Clerk Poyzer, and on motion of Councilmember Banda, seconded by Councilmember Freedman, further reading of the ordinance text was unanimously waived, and Ordinance No. 2385 was introduced, as amended, with unanimous Council approval and laid over under the rules with adoption scheduled for December 1, 1998.

Ordinance No. 2386 - Signs - On motion of Councilmember Gilbreath, seconded by Councilmember Banda, Ordinance No. 2386, an ordinance of the City of Redlands amending the Redlands Municipal Code concerning signs, was unanimously continued until December 1, 1998.

Ordinance No. 2387 - Zone Change No. 368 - Public hearing was advertised for this time and place to consider Ordinance No. 2387, an ordinance of the City of Redlands adopting Zone Change No. 368 to establish pre-zoning classification pending annexation of 8.95 acres within the City's sphere of influence to A-1 (Agricultural) District (five-acre lots) located on the southeast corner of Wabash Avenue and Sixth Street, as recommended by the Redlands Planning Commission. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments concerning this pre-zoning classification. None being forthcoming, the public hearing was declared closed. Councilmember George to approve the Environmental Review Committee's Negative Declaration for Zone Change No. 368 based on the finding that the project will not have 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 Gilbreath and carried unanimously. Ordinance No. 2387, an ordinance of the City of Redlands amending Title 18 of the Redlands Municipal Code by adopting a revised land use zoning plan as part of the Official Land Use Zoning Map and effecting Zone Change No. 368, was read by title only by City Clerk Poyzer and on motion of Councilmember Gilbreath, seconded by Councilmember George, was introduced with unanimous Council approval and laid over under the rules with adoption scheduled for December 1, 1998.

Ordinance No. 2388 - Zone Change No. 369 - On motion of Councilmember Banda, seconded by Councilmember George, Ordinance No. 2388, an ordinance effecting Zone Change No. 369 which will establish pre-zoning classifications pending annexation of 229.2 acres of land within the City's sphere of influence bounded by Wabash Avenue to the west, Nice Avenue to the north, Crafton Avenue to the east, and Third Avenue to the south, was unanimously continued until December 1, 1998.

Ordinance No. 2389 - Zone Change No. 370 - Public hearing was advertised for this time and place to consider Ordinance No. 2389, an ordinance adopting Zone Change No. 370 and establishing pre-zoning classification pending annexation of 82 acres of land within the City's Sphere of Influence to the M-2 (General Industrial) District for property bounded by the Santa Ana River to the north, City Limit Line to the east, San Bernardino Avenue to the south, and Mountain View Avenue to the west, as recommended by the Redlands Planning Commission. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments concerning this pre-zoning classification. None being forthcoming, the public hearing was declared closed. Councilmember Banda moved to approve the Environmental Review Committee's Negative Declaration for Zone Change No. 370 based on the finding that the project will not have 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 Freedman and carried unanimously. Ordinance No. 2389, an ordinance of the City of Redlands amending Title 18 of the Redlands Municipal Code by adopting a revised land use zoning plan as part of the Official Land Use Zoning Map and effecting Zone Change No. 370, was read by title only by City Clerk Poyzer and on motion of Councilmember Banda, seconded by Councilmember Freedman, was introduced with unanimous Council approval and laid over under the rules with adoption scheduled for December 1, 1998.

Appeal - Cities Pavillion Project - Planning Commission Review and Approval No. 682 approved the final landscape and irrigation plan and the architectural design detail plan as required by the condition of approval for a permit for Cities Pavillion, a commercial center within a 21.44 acre site generally located between San Bernardino Avenue and Pennsylvania Avenue on both sides of New York Street in Concept Plan No. 4 of the East Valley Corridor Specific Plan. An appeal was filed by Majestic Realty Company, and a public hearing was held at the City Council meeting held on October 6, 1998. Following a lengthy report from Community Development Director Shaw and the public hearing, the City Council continued the matter to allow staff to prepare facts and findings to support the Planning Commission's decision. Community Development Director Shaw reviewed the staff report. Representing Majestic Realty Company, John Mirau again urged the City Council to deny the application. Representing Cities Pavillion, Amanda MacPherson urged the City Council to approve the application and asked for further findings. City Attorney McHugh did not feel it was necessary to address irrelevant issues as requested by Ms. MacPherson. Councilmembers Freedman, Cunningham, Banda, and Gilbreath reiterated their viewpoints; Councilmember George felt that since the City is in litigation, the less comment from the City Council, the better. Councilmember Banda moved to deny the appeal by Majestic Realty Company and approve the landscaping, lighting, and architectural plans for Planning Commission Review and Approval No. 682 based on the following facts and findings:

1. The project is located within the East Valley Corridor Specific Plan.
2. The project is located in Concept Plan No. 4 of the East Valley Corridor Specific Plan. On August 1, 1995, the City Council reviewed and certified the Mitigated Negative Declaration and approved Concept Plan No. 4 as recommended by staff.
3. The application for Planning Commission Review and Approval No. 682 is to allow a commercial retail project located within Concept Plan No. 4, East Valley Corridor Specific Plan.
4. The Planning Commission reviewed and approved Planning Commission Review and Approval No. 682 on June 24, 1997, for phase one of the development for a commercial center subject to the various departmental conditions of approval. Conditions of approval pertaining to architectural details, final landscaping and irrigation plans, and lighting plans for Building "A" were required to be returned to the Planning Commission for final review and approval.
5. The Planning Commission on September 8, 1998, reviewed and considered a staff report, colored architectural elevations, a materials board, final landscaping and irrigation plans, and lighting plans for Building "A."
6. On September 8, 1998, the Planning Commission considered a staff presentation, input and response from those in attendance at the meeting to include the project engineer for Cities Pavillion, Ken King; the project landscape architect for Cities Pavillion, Ron Kammeyer; and an attorney representing Majestic Realty Company, John Mirau.
7. At the September 8, 1998, Planning Commission meeting, the Planning Commission, after considerable discussion and review, approved the architectural detail plans, final landscape and irrigation plans, and lighting plans for Building "A" of Planning Commission Review and Approval No. 682, subject to specific conditions of approval, on a 5-1 vote.
8. At the City Council meeting of October 6, 1998, the City Council considered the staff report; the Planning Commission's review and recommendation; the architectural elevations; the materials board; landscaping, irrigation, and lighting plans and lighting plans; the written appeal submitted by Majestic Realty Company; the staff presentation; a presentation by John Mirau representing the appellant Majestic Realty Company; and a presentation and information submitted into the record by Sherman Stacy who represented the applicant, Cities Pavillion.
9. Upon consideration of all facts and information, the City Council hereby finds that the architectural elevations; the materials board; landscaping, irrigation, and lighting plans; and lighting plans are consistent with the goals, objectives, and criteria of the East Valley Corridor Specific Plan, Concept Plan No. 4, and Planning Commission Review and Approval No. 682 finding (a) the proposed development is in conformity with the East Valley Corridor Specific Plan, Concept Plan No. 4, the Redlands Municipal Code, and Planning Commission Review and Approval No. 682; (b) the proposed development is in the best interest of the public health, safety and general welfare of the City of Redlands; and (c) the proposed development is compatible with the character of adjacent and surrounding developments, and is of comparable composition, materials, textures and colors.

Motion seconded by Councilmember Freedman and carried with Councilmember Gilbreath voting NO.

There being no further business, the City Council meeting adjourned at 7:38 P.M. to an adjourned regular meeting to be held on November 20, 1998, at 9:00 A.M. in the City Council Chambers, 35 Cajon Street, Suite 2, Redlands, California.

STUDY SESSION

Measure U Socio-Economic Study - The City Council held a study session to review the socio-economic cost/benefit evaluation criteria and process for compliance with the implementation of Measure U and the General Plan. Community Development Director Shaw summarized the Socio-Economic Citizen Committee report, the staff analysis, and the Planning Commission's review and recommendations. Tex Moore and Keith Cunningham addressed the City Council. Councilmember Banda moved to continue this study session to November 17, 1998, at 9:00 A.M. Motion seconded by Councilmember Freedman and carried unanimously.

The City Council meeting recessed at 10:15 A.M. to a closed session to discuss the following:

1. Conference with legal counsel: Existing litigation -
   Government Code § 54956.9(a)
   - Majestic Realty Company v. City of Redlands and Timberlake
      Case Nos. SCV 49347 and 51027
   - City of Redlands v. County of San Bernardino and Majestic Realty
      Company - Case Nos. SVC 34737, 33330, and 39880
   
2. Conference with legal counsel: Anticipated litigation -
   Government Code § 54956.9(c)
   - Two cases

The City Council meeting adjourned to an adjourned regular meeting to be held on November 17, 1998, at 9:00 A.M. in the Council Chambers, Civic Center, 35 Cajon Street, Redlands, California.

The meeting was opened with an invocation by Councilmember Gilbreath followed by the pledge of allegiance.

Make A Difference Day - On October 24, 1998, the Human Relations Commission sponsored "Make A Difference Day" and served lunch and provided toiletry items and sleeping bags for 70 homeless people in the Jenny Davis Park as part of the national day of volunteering created in 1992 by USA Weekend magazine in partnership with the Points of Light Foundation. Chairman Leonora Jimenez-Sims and Councilmember George presented certificates of appreciation to the Rock Christian Center/Health Connection, STOR-SAFE, the American Legion Post No. 106, Rangi Ya Giza, William Nieto, Anita Roth, the Ayala Family, Pizza Pirates, Betty Simard, Plymouth Village and the University of Redlands fraternity RYG for their donations and assistance. Plaques were presented to Albertson's Food Center for the chicken dinners and discounts donated, Kmart Stores for their donation of blankets and discounts, and the San Manuel Tribal Administration for their $1,000.00 donation. Councilmember George extended special appreciation to Chairman Jimenez-Sims and the Human Relations Commissioners for a successful day.

Employee Service - Introductions were made by the department heads and Mayor Cunningham presented five year service pins to: James Kimbrough, Fire Department; Joaquin Baeza, Solid Waste Division; James Weiler, Solid Waste Division; Nick Ynda, Solid Waste Division; and Mae Perez, Utility Billing Division. Ten year service pins were presented to: Gary Barnes, Equipment Maintenance Division; David Gonzales, Solid Waste Division; and Mario Saucedo, Water Division. Fifteen year service pins were presented to: James Drabinski, Fire Department, and Ralph Morrison, Fire Department. A twenty-five year service pin was presented to: Charles Hernandez, Solid Waste Division. In recognition of 30 years of service, a gold watch was presented to: Lou Perkins, Municipal Utilities Department.

Employee of the Quarter - City Manager Luebbers informed Councilmembers that 48 employees have been recognized during the past four years that this program has been in effect. He then introduced the following 12 nominees for the Employee of the Third Quarter, 1998:

Category: Field
Tony Adame	Solid Waste Division
Dennis Andrews	Streets Division
Fred Caress	Solid Waste Division
John Marquardt	Cemetery Division
Robert Luna	Water Division
Terry Mongar	Streets Division
Richard Murillo	Electrical Division
Robert Nadeau	Water Division
Arthur Ramos	Recreation Bureau
Category: Safety
Claude Upshaw	Police Department
Steve Fea and Terry Welsh (co-nomination)	Fire Department
Category: Administration
Jo Mitchell	A. K. Smiley Public Library

Mayor Cunningham presented a plaque with the City seal to the selected employees of the quarter as follows:

Richard Murillo, Public Works Department, Electrical Division - Richard Murillo has worked for the City for over 20 years. He is responsible or the City's street lighting program and electrical maintenance. He has a work ethic second to none. He will do anything and everything in a highly professional manner and manages to do these jobs with a smile. Richard's idea of giving each street light an address has been a tremendous success. It has made it possible for citizens to identify every pole and has drastically cut down on the number of report calls. He addressed over 4,000 poles to accomplish this. He has also aggressively repaired many breakdowns, giving some streets lighting they have not had in years. Richard is a truly valuable employee and member of our City of Redlands' team.

Steve Fea and Terry Welsh, Fire Department - These two firefighter/paramedics were nominated as a team because of a joint project they worked on together. Steve Fea and Terry Welsh are an outstanding example of dedicated teamwork. They were assigned to assist in the development and delivery of several disaster preparedness programs and went far beyond what the Fire Department and the City expected of them. It was not unusual to see them hard at work in the Fire Department library late at night creating study plans, objectives, outlines, or slide presentations with constant interruptions to respond to emergency calls. Because of their commitment to this program, Redlands can boast we are the only City within San Bernardino County with an established Community Emergency Response Team (CERT) program that involves every school within its boundaries. This team has also developed a special "Safe Seniors" program that deals with emergencies and disasters. The dedication, commitment and sacrifices made by employees like Steve Fea and Terry Welsh exemplify what going "above and beyond to provide public services" is all about.

Jo Mitchell, A. K. Smiley Public Library - On her own, as a result of a power failure in September, Jo Mitchell has taken on the task of re-evaluation and updating the A. K. Smiley Library's emergency preparedness manual. In addition, she is formatting a new manual which will be especially useful for new employees and the ever changing ranks of the part-time employees. She also continues to explore further issues with regard to patron and employee safety in times of emergency. Jo Mitchell's initiative goes truly beyond the expectations making her a valuable employee.

Employee of the Year - The following employees have been honored this past year as Employee of the Quarter:

Vonn Layel	Police Department
Ruben Baltierra	Municipal Utilities Department
Brenda Sutton	Police Department
Kyle Wilson	Public Works Department
Leonard Temby	Fire Department
John Silvia	Municipal Utilities Department
Sheila Harbert	Police Department
Fran Serrao	Police Department
Glenn Crum	Fire Department
Richard Murillo	Public Works Department
Jo Mitchell	A. K. Smiley Public Library
Steve Fea and Terry Welsh	Fire Department

From this honored group of employees, Mayor Cunningham presented a plaque with the City seal to the selected Employee of the Year:

Richard Murillo, Public Works Department, Electrical Division - Richard Murillo has worked for the City for over 20 years. He is responsible or the City's street lighting program and electrical maintenance. He has a work ethic second to non. He will do anything and everything in a highly professional manner and manages to do these jobs with a smile. Richard's idea of giving each street light an address has been a tremendous success. It has made it possible for citizens to identify every pole and has drastically cut down on the number of report calls. He addressed over 4,000 poles to accomplish this. He has also aggressively repaired many breakdowns, giving some streets lighting they have not had in years. Richard is a truly valuable employee and member of our City of Redlands' team.

Manager of the Year - City Manager Luebbers announced the following employees were nominated for Manager of the year:

Barbara Long	A. K. Smiley Public Library
Lou Perkins	Municipal Utilities Department
Mary Petite	Public Works Department
Marjie Pettus	Community Services Bureau Police Department

From this honored group of employees, Mayor Cunningham presented a plaque with the City seal to the Manager of the Year:

Lou Perkins, Municipal Utilities Department - Before there was GIS (Geographic Information Systems), there were managers like Lou Perkins. If you needed to know anything about the water or sewer utilities in any geographic location in the City, he has that knowledge or knows where to find it. His storehouse of knowledge of how the water and sewer systems work make him invaluable in being responsive to our customer whether it be a resident, a member of the development community, engineers, or other agencies, makes his management invaluable to the operational and administrative needs of the Municipal Utilities Department. Lou Perkins is the type of manager who makes the City work. He has advanced himself through experience and education from Engineering Draftsman to Engineering Manager during the past 30 plus years he has served the City of Redlands. He works hard and effectively to the best of his abilities to get the job done and you can rely on him to always be there to assist. For these contributions to the City, during the past 30 years and currently on a day to day basis, Lou Perkins is deserving of Manager of the Year for his dedication and his effectiveness. City Manager Luebbers completed reading the nomination form with the announcement that Mr. Perkins has recently announced he will retire in early 1999. He is an employee who will be sorely missed and cannot be replaced.

Mayor Cunningham thanked the employees for their participation and stated we are fortunate to have the finest professional staff in the State of California.

Minutes - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the minutes of the regular meeting of October 20, 1998, were approved as submitted with a correction.

Bills and Salaries - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, bills and salaries were ordered paid.

Planning Commission Actions - On motion of Councilmember Cunningham, seconded by Councilmember Banda, the report of the Planning Commission meeting held on October 27, 1998, was acknowledged as received. Mayor Cunningham announced that the City Council has scheduled two study sessions on November 10, 1998, at 9:00 A.M. and on November 17, 1998, at 9:00 A.M. to review the Planning Commission's recommendation to the City Council on the implementation of the Socio-Economic Cost/Benefit Study as required by Measure U, an initiative ordinance of the people of Redlands establishing principals of managed development.

Contract - Multi-Hazard Video - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved an extension of the contract between the City of Redlands and TCI Cablevision for the production of a multi-hazard video series to March 31, 1999.

Agreement - Environmental Investigation Services - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously authorized a technical consultation agreement with the State of California, Department of Toxic Substances Control (CDTSC) in the amount of $13,220.00 to provide environmental investigation services for the Alabama Lease site Project and authorized the Mayor and City Clerk to sign the agreement on behalf of the City.

Proclamation - Optimist Club of Redlands Youth Appreciation Day - On motion of Councilmember Cunningham, seconded by Councilmember Banda, the City Council unanimously authorized the issuance of a proclamation declaring November 5, 1998, as Optimist Club of Redlands Youth Appreciation Day.

Resolution No. 5568 - California Street Improvements - On motion of Councilmember Freedman, seconded by Councilmember Banda, the City Council unanimously adopted Resolution No. 5568, a resolution of the City Council of the City of Redlands, California, authorizing the Mayor of the City of Redlands to act for and on behalf of said City in the execution of Program Supplement No. M001 of the Administering Agency-State Agreement for Federal Aid Projects. This will allow the City to apply for funding of 90 percent of the cost of constructing the railroad crossing improvements at the crossing of the Southern California Regional Rail Authority tracks at California Street.

Resolution No. 5569 - Traffic - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5569, a resolution of the City Council of the City of Redlands establishing the following traffic regulations pursuant to Title 10 of the Redlands Municipal Code: provide for an additional 45 feet of no parking on the east side of University Street, south of Colton Avenue, resulting in a total of 60 feet of no parking.

Resolution No. 5570 - Traffic - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5570, a resolution of the City Council of the City of Redlands establishing the following traffic regulations pursuant to Title 10 of the Redlands Municipal Code: provide for a pedestrian crosswalk on Third Street at Shoppers Lane.

Resolution No. 5570 - Traffic - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5570, a resolution of the City Council of the City of Redlands establishing the following traffic regulations pursuant to Title 10 of the Redlands Municipal Code: remove the two-hour parking zone from the bulb of the cul-de-sac fronting 534 Roosevelt Road.

Release of Lien Agreement - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously authorized the release of a Lien Agreement to Secure Construction of Public Improvements for the installation of off-site improvements on a portion of Garden Street, south of Franklin Avenue.

Funds - Ford Park Demonstration Garden - Following a brief explanation, On motion of Councilmember Cunningham, seconded by Councilmember George, the City Council unanimously approved an additional $56,734.00 in the 52 Fund to pay for costs associated with the Ford Park Demonstration Garden Mitigation Grant. A request for reimbursement of these construction costs will be submitted to FEMA; full reimbursement should occur approximately 60 days following submittal of the costs.

Citizens' Option for Public Safety Funds - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved the use of the Citizens' Option for Public Safety (COPS) funds as recommended by Police Chief Bueermann.

Proclamation - Friends of Prospect Park - Councilmember Cunningham moved to approve issuance of a proclamation commending the Friends of Prospect Park for its part in gifting Prospect Park, the gem of the Redlands' park system, to the City of Redlands and authorized presentation of the proclamation to the Friends of Prospect Park on the occasion of its 30th anniversary celebration. Motion seconded by Councilmember Banda and was so ordered by the Mayor as there was no opposition to the motion.

Funds - Fuel Dispensing System - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously authorized an agreement with the firm of Gas Boy( for the purchase of a fuel dispensing system for the City Corporate Yard and authorized an additional appropriation from the recent surplus equipment auction revenues in the amount of $25,000.00 to fund the purchase.

Fee Waivers - Park Use - The request to authorize staff to waive park use and reservation fees up to $100.00 for any non-profit group from the City of Redlands was continued on motion of Councilmember George, seconded by Councilmember Gilbreath, with the understanding the City Attorney would study the application of waivers for religious affiliated organizations in relation to separation of church and state.

Appointments - Public Works Commission - Mayor Cunningham moved to nominate Nina Modi for reappointment of another four-year term on the Public Works Commission and the appointment of Wally Ann Lynard to a four-year term on the Public Works Commission. Motion seconded by Councilmember George and was so ordered by the Mayor as there was no opposition to the motion.

Ordinance No. 2363 - Nuisances - Ordinance No. 2363, an ordinance of the City of Redlands amending Chapter 8.04 of the Redlands Municipal Code relating to nuisances to improve and strengthen the current regulations, was read by title only by City Clerk Poyzer, and on motion of Councilmember Banda, seconded by Councilmember Freedman, further reading of the ordinance text was unanimously waived, and Ordinance No. 2363 was introduced with unanimous Council approval and laid over under the rules with adoption scheduled for November 17, 1998.

Resolution No. 5574 - Trails Committee and Street Tree Committee - Councilmember Cunningham moved to adopt Resolution No. 5574, a resolution of the City Council of the City of Redlands establishing a Trails Committee and a Street Tree Committee respectively. Motion seconded by Councilmember Banda and was so ordered by the Mayor as there was no opposition to the motion.

General Plan Noise Ordinance Requirements - Explaining the need for a mechanism to monitor noise under the General Plan, Councilmember Cunningham moved to direct staff to prepare the necessary legislation for a noise ordinance with a prohibition of the use of a vehicle's motor to brake. Motion seconded by Councilmember Freedman and was so ordered by the Mayor as there was no opposition to the motion.

Cities Pavillion Appeal - Attorney John Mirau asked the City Council to move forward with the appeal filed by Majestic Realty Company on the Cities Pavillion project. City Manager Luebbers reported staff is working on the findings necessary and the continued matter is currently scheduled to be on the November 17, 1998, agenda.

Resolution No. 5572 - RDA Debt Refinancing - Finance Director Johnson and Jim Cervantez of Stone and Youngberg described the refinancing process in relation to outstanding Redevelopment Agency debt which was authorized during the May budget hearings. Councilmember Freedman moved to adopt Resolution No. 5572, a resolution of the City Council of the City of Redlands approving the refinancing of certain outstanding debt issued in connection with the merged project area. Motion seconded by Councilmember George and was so ordered by the Mayor as there was no opposition to the motion. (Also see Redevelopment Agency minutes for November 3, 1998.)

Quarterly Budget Review - Councilmember Gilbreath asked staff when the quarterly budget reviews would occur. City Manager Luebbers expected a report within the next two City Council meetings.

The City Council meeting recessed at 4:00 P.M. to continue the Redevelopment Agency meeting and reconvened at 4:05 P.M. to a closed session to discuss the following:

1. Conference with legal counsel: Existing litigation -
   Government Code § 54956.9(a)
   - Majestic Realty Company v. City of Redlands and Timberlake
   Case Nos. SCV 49347 and 51027
2. Conference with legal counsel: Anticipated litigation -
   Government Code § 54956.9(c) - Two cases

Following the closed session, the City Council meeting adjourned to an adjourned regular meeting to be held on November 10, 1998, at 9:00 A.M. in the City Council Chambers, 35 Cajon Street, Suite 2, Redlands, California.

PRESENTATIONS

Certificates of Recognition - Councilmember Gilbreath presented Certificates of Recognition to Scoutmasters and Scouts representing the following troops: First Baptist Church Troop No. 16; Inland Fish and Game Boy Scout Troop No. 19; and St. Mary's Catholic Church Pack No. 136. Their outstanding efforts helped to raise $397.00 in funds for the Redlands Save Our Station project by operating a car wash at Fire Station No. 1 on Saturday, October 10, 1998. Councilmember Gilbreath then announced that Mr. Jim Glaze has pledged to contribute $25.00 per car that is sold at his dealership during the month of October or a guaranteed amount of $2,500.00.

Arrest - Mayor Cunningham asked the Police Chief to please report to the community the activities occurring at this moment in another part of the City regarding the recent murder of a Redlands teenager. Chief Bueermann described the recent events. In August a run away report was made by the grandmother of Tristan Jenson, age 14. A search was unsuccessful in locating the teenager. On September 28, 1998, City crews searching for blockages in the sewers around La Paloma Street and Phlox Court discovered human bones which initiated a Police investigation. The remains were positively identified as those of Tristan Jenson by authorities. After extensive interviews with area residents and acquaintances, a search warrant was served at the home of John Remsen, age 15, who later made some statements that lead to his arrest for the murder of Tristan Jenson. While at the location it was discovered that the parents, John L. and Susan Remsen, were in possession of hazardous explosives and chemicals and arrested. San Bernardino County Sheriff's Bomb Squad was called in as well as the F.B.I. The neighborhood around the Remsen home was evacuated in order to carry out disposal of the dangerous explosives and chemicals which could not be moved. Mayor Cunningham commended the Redlands Police Department for solving this tragedy in a short time. Councilmember Banda also expressed her gratitude for the speed in solving this case and expressed sorrow for the many families still missing children. Councilmember Freedman mentioned his son, a student at Redlands High School, has expressed there was fear among the student body because of the murder and now they can be relieved an arrest has been made.

CONSENT CALENDAR

Minutes - On motion of Councilmember Gilbreath, seconded by Councilmember George, the minutes of the regular meeting of October 6, 1998, were approved as corrected.

Bills and Salaries - On motion of Councilmember Freedman, seconded by Councilmember Gilbreath, bills and salaries were ordered paid.

Planning Commission Actions - On motion of Councilmember Cunningham, seconded by Councilmember George, the report of the Planning Commission meeting held on October 13, 1998, was acknowledged as received. Mayor Cunningham then moved to appeal a decision made by the Planning Commission pertaining to Pharaoh's Lost Kingdom Amusement Park's Conditional Use Permit No. 617 in order to examine issues staff still feels are outstanding. Motion seconded by Councilmember George and carried with no opposition.

Proclamation - Winter Weather and Flood Preparedness Week - On motion of Councilmember Freedman, seconded by Councilmember Gilbreath, the City Council unanimously authorized issuance of a proclamation declaring October 26-30, 1998, as Winter Weather and Flood Preparedness Week.

Proclamation - Red Ribbon Week - On motion of Councilmember Freedman, seconded by Councilmember Gilbreath, the City Council unanimously authorized issuance of a proclamation declaring October 23-31, 1998 as Red Ribbon Week.

Minor Subdivision No. 236 - Time Extension - On motion of Councilmember Freedman, seconded by Councilmember Gilbreath, the City Council unanimously approved a one-year time extension to December 3, 1999, for Minor Subdivision No. 236, the subdivision of 65.5 acres of land into four parcels and a remainder parcel in the A-1, Agricultural, District located west of Lisa Marie Lane, south of San Timoteo Canyon Road, Terry Emershy applicant.

Funds - Promotional Events - An additional appropriation in the amount of $8,000.00 for downtown promotional events, as requested by the Downtown Redlands Business Association Advisory Board, was unanimously approved on motion of Councilmember Freedman and seconded by Councilmember Gilbreath.

Contract - Well No. 39 - On motion of Councilmember Freedman, seconded by Councilmember Gilbreath, Council unanimously awarded the contract for construction of Well No. 39, Project No. 4-9980, to Bakersfield Well and Pump, and authorized the Mayor to execute a construction contract in the amount of $289,364.00.

Easement - Sewer Facilities Access - On motion of Councilmember Freedman, seconded by Councilmember Gilbreath, the City Council unanimously approved the acceptance of an easement to provide access to City sewer facilities on private property. The owner of the property has agreed to provide the City with an easement granting the right for ingress and egress for maintenance of the sewer main and manhole at the rear of the property. In return, the City would pay to have the driveway replaced with one that would support the weight of City equipment.

Carnival Application - A request was received by Christiansen Amusements, Inc. to conduct a carnival in the Kmart parking lot located at 1625 West Redlands Boulevard on November 12-15, 1998. On motion of Councilmember Freedman, seconded by Councilmember Gilbreath, the City Council unanimously approved the request subject to the conditions of approval outlined by staff.

COMMUNICATIONS

Fire Station No. 1 Renovation Report - Public Works Director Ron Mutter reported that the plans for renovation of Fire Station No. 1 are progressing well. Architect Leon Armantrout fortunately located blue prints which have been computerized and clean floor plans distributed to all the trades. Tests are not back yet for possible hazardous materials such as asbestos. The building is in better condition than originally thought. The biggest obstacles are the apparatus doorways. Mr. Mutter stated he would be pleased to present update reports to the Council at all future meetings. Mayor Cunningham asked the City Manager to report back on the integration of the $250,000.00 set aside by the City Council and the funds raised by the community. Councilmember Gilbreath inquired how the "in-kind" contributions will be handled and asked that staff look into how they can be utilized without a formal bid process. City Manager agreed to include this in his report.

League of California Cities Legislative Bulletin Dated October 8, 1998 - Councilmember Freedman asked the community to support Proposition 11 which permits local governments to enter into sales tax sharing agreements with approval of a two-thirds vote of governing bodies. Mayor Cunningham pointed out that the League of California Cities, representing 471 cities, does not support Proposition 1A which places a $9.2 billion K-12 and higher education bond measure on the November 3, 1998 ballot.

Downtown Trolley - Councilmember George stated that he has received favorable feedback from area employers, businesses and entertainment facilities for an alternative fuel, 16-20 passenger, downtown trolley. Survey processing assistance will be requested from an Economics class at the University of Redlands. Grants will be sought for the acquisition of the vehicle and all the City of Redlands will be required to provide is housing and maintenance of the trolley. The Mr. Irv Upton, Jim Glaze Car Dealership, added that funding is the important thing and is available in San Bernardino County. An application has been submitted to the State for $470,000.00 to purchase equipment to establish a natural gas station in Redlands. The typical vehicle has a four- to eight-hour charging cycle and can travel 80 miles. Councilmember George said he has recently become aware of more immediate funding that may be available. He also was told by University of Redlands and E.S.R.I. representatives that a trolley would be welcomed to transport students and employees downtown. Councilmember Banda inquired if the trolley could transport people to the Metrolink station and was advised it could; but Metrolink was still being encouraged to come to Redlands.

Federal Funding Assistance for Redlands' Projects - City Manager Luebbers reported that $500,000.00 has recently become available to the City of Redlands for the funding of Santa Ana River bridges at Alabama Street and Orange Street. This completes the estimated $15 million for construction. The issue has been raised about the endangered Woolly Star plant and Kangaroo Rat which can be mediated. Filing for a permit with the Army Corps of Engineers and an environmental will follow and then we can start Phase II (the designing contract). Mayor Cunningham stated he has been talking to a local individual with Congressman Jerry Lewis' office who has been instrumental in securing the funding and wished to express our appreciation to Congressman Lewis for his efforts with the "regional" project.

UNFINISHED BUSINESS

Rideshare Budget Report - City Treasurer Mike Reynolds and Finance Director Bonnie Johnson reported that of the City's 420 full time employees 165 participate in the rideshare program. Reports provided to Councilmembers included: list of the various cities employees commute from; a survey comparing the number of participants to other area cities, and total expenditures vs. AB 2766 allocations from AQMD and projected ending balance. Discussion then followed comparing perks offered by area cities. Mayor Cunningham thought there should be one equitable incentive to all employees and suggested only the dollar incentive be offered because absent employees reduce efficiency. Councilmember Freedman raised the issue of employees assigned City vehicles also participating; they should not get the same perks and wants to see that changed. Councilmember Banda wondered if the dollar amount could be increased. Councilmember Freedman stated he thought the incentive of choice appears to be time off for ride sharing so he would like to retain it. Councilmember Banda moved to make the incentives be more comparable; raise the dollar amount from $1.50 per day to $1.65 per day and reduce the time off compensated from fifteen minutes per day to ten minutes per day and to not include those driving City vehicles in the program. Motion seconded by Councilmember Freedman. Councilmember George explained he could not support the motion because he objects to eliminating those employees that happen to have City cars who pick someone up on their way. Councilmember Gilbreath concurred that she does not see it as a "double dipping" issue as far as picking someone up on their own time coming into work and accommodating someone on the program. Motion carried with Councilmembers Gilbreath and George voting NO.

NEW BUSINESS

Airport Well No. 2 and Open Space Well No. 39 Properties Transfer - Municipal Utilities Director Phelps reported the Municipal Utilities Department proposed acquiring a 5,625 square foot area of airport property for the purpose of constructing Water Well No. 2 at the southwest corner of the airport at the intersection of Judson Street and the proposed Riverview Drive. Well No. 39 is to be located on the south side of Orange Avenue, 260' westerly of Iowa Street, approximately 4,150 square feet in size. Both wells are identified as two of the Water System Projects in the Water Capital Improvement Program. The hydrologist retained by the City has conducted an extensive investigation on both of the properties and has concluded that each well will product potable water at the rate of approximately 2,000 to 2,500 gallons per minute and are to provide additional source of potable to compensate for the loss in potable water production due to the presence of ammonium perchorate in the ground water at Texas Street Wellhead Treatment Facility. Mayor Cunningham reported the Parks Commission expressed concern with Well No. 39's location, landscaping and intrusiveness of the walls. Mr. Phelps agreed Well No. 39 could be relocated as long as it's within 1,000 feet of Well No. 38, and more decorative brick and landscaping utilized. On motion of Councilmember George, seconded by Councilmember Freedman, Council unanimously authorized the transfer of property to the Municipal Utilities Department, 5,625 square feet in size, located at the southwest corner of the Airport property for the purpose of constructing and operating a potable water well, Airport Well No. 2, with the Airport Fund to be reimbursed $2,250.00. On motion of Councilmember George, seconded by Councilmember Freedman, Council unanimously authorized the transfer of a portion of park property to the Municipal Utilities Department for the purpose of constructing and operating a potable water well, Well No. 39. Final location to be mutually agreed upon between the Parks Commission and Municipal Utilities Department.

Funds - Repair of Water Production and Well Pumping Equipment - Because of high summer temperatures, groundwater contamination, outages at the water treatment plants, staff has had to utilize groundwater production wells that have normally been considered as emergency facilities only. Increased equipment breakdowns and decrease in efficiency and reliability have been the result as well as depleting the funds budgeted for fiscal year 1998-1999. Repairs to equipment must be made during the low water use winter period prior to the beginning of the next budget year. On motion of Councilmember George, seconded by Councilmember Gilbreath, the City Council authorized an additional appropriation in the amount of $100,000.00 from current rates and revenues for the maintenance and repair of domestic water production well pumping equipment.

PUBLIC COMMENTS

Nuisance Abatement - Mr. Gerald Gonthier, 930 Renee Street, at the October 6, 1998 Council meeting asked the City Council for assistance with neighboring rental properties which are not being maintained by absent landlords. He was here today to report that he had made contact with the Community Development Department as instructed and was working on his own situation with Code Enforcement Officer Jim Grant. However, he also wished the Council to consider adopting an ordinance to protect the City from absent-landlord blight. Rentals are an income-producing business and should beheld to the same requirements as say a McDonald's property. City Manager Luebbers stated that at the November 3, 1998, Council will have before them a nuisance abatement ordinance presently being drafted.

Sign Variance - Mr. Jonathan Gibbs, Ph.D., distributed to Councilmembers pictures of a banner (90 feet by 15 feet) he wished to erect for public viewing for approximately 30-45 days. He was advised by the Community Development Department that the approximate fee is $4,000.00. Mr. Jeff Shaw reported that (if on-site) the over-sized event banner (over120 square feet) would require a variance and conditional use permit and probably couldn't reach Council until January, 1999. Findings would have to be made by the Planning Commission as well as the City Council as to the appropriateness. Mayor Cunningham informed Dr. Gibbs that it would require a four-fifths vote of the Council to override Measure U's guidelines.

ADJOURNMENT

There being no further business, the City Council meeting adjourned at 8:22 P.M . The next regular meeting will be held on November 3, 1998.

Beatrice Sanchez
Deputy City Clerk

The meeting was opened with an invocation by Councilmember Freedman followed by the pledge of allegiance.

PRESENTATIONS

Make A Difference Day - Leanora Jimenez-Sims, co-chairman of the Human Relations Commission, announced the Human Relations Commission will be sponsoring "Make A Difference Day" on Saturday, October 24, 1998. This is a national day of volunteering created in 1992 by USA Weekend magazine in partnership with the Points of Light Foundation. The Redlands' Human Relations Commission will help some of the homeless in Redlands by giving bagged lunches at the Jenny Davis Park on Redlands Boulevard and New York Street from 11:00 A.M. to 2:00 P.M. on that day. They are also asking for donations of new or used clean clothing, blankets, sleeping bags, toiletries, or monetary donations. Ms. Jimenez-Sims invited Councilmembers and the community to join them on October 24, 1998.

Step Back - Lucille Juarez informed Councilmembers about the program "Step Back" to save our children's lives by teaching them to lay down their weapons and pick up tools to make a better life. She is working with the Redlands Police Department and Building A Generation. She asked for the City Council's support of this new program. Police Chief Bueermann commended Ms. Juarez for her efforts.

Certificates of Recognition - Councilmember Gilbreath presented Certificates of Recognition to Jim Nolin, Scoutmaster for the Trinity Episcopal Boy Scout Troop No. 33, Kevin Summerfield, Scoutmaster for the Sacred Heart Boy Scout Troop No. 11, and Jim Gates, Scoutmaster for the First Congregational Church Boy Scout Troop No. 44 for their outstanding service in helping to raise funds for the Redlands Save Our Station project by operating a car wash at Fire Station No. 1 last Saturday, September 26, 1998. Jim Macdonald, treasurer of the SOS Committee, reported the Boy Scouts raised $677.00 at that car wash, and will be sponsoring another one on Saturday, October 10, 1998, at Fire Station No. 1.

Sister City Exchange - Barbara Wormser, member of the Sister Cities Committee, introduced Fire Captain Darrell Feuerhahn and Firefighter/Paramedic David Kessler who have recently returned from Hino, Japan, having participated in the Sister City Exchange Program. The firemen expressed their appreciation to the Sister Cities Committee, which is totally self-funded, for this wonderful opportunity and shared some of their experiences, highlighting the information received about the nerve gas terror in the Tokyo subway system in March, 1995.

Redlands 4th of July Committee - On behalf of the Redlands 4th of July Committee, Lorrie Poyzer presented two 20 by 30 foot American flags to fly on the Liberty Pole continuing the committee's promise to provide these very-large flags for the Liberty Pole. The Redlands 4th of July Committee has provided all the large flags that have flown on the new Liberty Pole since its dedication on November 11, 1995. Mayor Cunningham acknowledged the donation and thanked the 4th of July Committee for their on-going commitment to the community.

CONSENT CALENDAR

Minutes - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the minutes of the regular meeting of September 15, 1998, were approved as submitted.

Bills and Salaries - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, bills and salaries were ordered paid.

Planning Commission Actions - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the report of the Planning Commission meeting held on September 22, 1998, was acknowledged as received.

Contract - Problem Solving Partnership Grant - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously authorized a contract with Environmental Systems Research Institute to provided technical computer assistance which will focus on those factors contributing to adolescent drinking pursuant to the Police Department's Problem Solving Partnership Grant.

Funds - Multi-Hazard Video Production - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved an additional appropriation in the amount of $19,245.00 to pay for costs associated with the multi-hazard video production. These funds are a portion of the grant received from the Federal Emergency Management Agency as approved in Resolution No. 5345 which was adopted on January 16, 1996.

1997-98 Encumbrances - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved additional appropriations to the 1998-99 budget year for the 1997-98 year-end encumbrances and carry-overs.

Agreement - Water Transmission Main Project - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved an agreement with Boyle Engineering to provide engineering services for the design of the Nevada, Park, Alabama, Center Water Transmission Main Project. Bid opening for the Well No. 39 project is scheduled for October 8, 1998. This well will provide an additional source of potable water to compensate for the loss in potable water production due to the presence of ammonium perchlorate in the ground water at the Texas Street Wellhead Treatment Facility.

Agreement - Ballroom Dancing Instruction - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved the independent contractor agreement between the City of Redlands and Lucy M. Guss for ballroom dancing instruction at the Joslyn Senior Center and authorized the Mayor and City Clerk to execute the document on behalf of the City.

Agreement - Piano Lessons - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved the independent contractor agreement between the City of Redlands and Doris Wells for piano lessons at the Community Center and authorized the Mayor and City Clerk to execute the document on behalf of the City.

Agreement - Dance and Tumbling Classes - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved the independent contractor agreement between the City of Redlands and Andrea Locke for dance and tumbling classes at the Community Center and authorized the Mayor and City Clerk to execute the document on behalf of the City.

Lease Agreement - Inland Empire Stars - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved a lease agreement between the City of Redlands and Inland Empire Stars for their winter baseball organization and use of the Community Park baseball fields and authorized the Mayor and City Clerk to execute the document on behalf of the City.

Storm Drain Easements - Fern Lodge - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved the quitclaim of two storm drain easements on property located at the southwest corner of Redlands Boulevard and Fern Avenue for the Fern Lodge housing project.

City Council Chambers Voting Machine - Staff has received comments from the public regarding the televised City Council meetings, and the most predominant question has been how each Councilmember voted on agenda items. A voting machine would eliminate this problem and allow the pubic to see the votes on their television. Two companies have products on the market with a cost range between $10,000.00 and $15,000.00 to purchase and install a voting system. The cost to purchasing and installing a voting system would come from the total allocated credit from TCI for materials and labor to upgrade the Council Chambers for televising. Councilmember Freedman moved to ask staff to come back to the City Council with other suggestions for better use of these funds. Motion seconded by Councilmember Banda and carried unanimously.

Fee Waiver - Kiwanis Haunted House - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved the Redlands Morning Kiwanis Club's request to use the vacant house at 458 Highland Avenue as the site for their annual haunted house; waived fees for the rental of disposal roll-aways and electrical inspections; and authorized closure of the alley immediately south of the property from the west property line to Rosette Street during the operation hours.

Proclamation - Breast Cancer Awareness Month - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously authorized issuance of a proclamation declaring the month of October as National Breast Cancer Awareness Month and urging all women and their families in Redlands to get the facts about mammography.

Proclamation - World Population Awareness Week - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously authorized issuance of a proclamation declaring the week of October 25-31, 1998, as World Population Awareness Week.

Subscriber Agreement - MOU - Fingerprinting - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved a subscriber agreement between the City of Redlands and the Department of Justice Live Scan for the Indentix equipment used by the Police Department to fingerprint applicants and authorized the Mayor and City Clerk to execute the document on behalf of the City. On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved a Memorandum of Understanding between the City of Redlands and the Department of Justice Live Scan and authorized the Mayor and City Clerk to execute the document on behalf of the City.

Contract - Youth Ensemble of Strings - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved a contract between the City of Redlands and Karen Thurman-Palmer and Kimberly Sogioka for the Youth Ensemble of Strings Program as recommended by the Cultural Arts Commission and authorized the Mayor and City Clerk to execute the document on behalf of the City.

Contract Award - Airport Well No. 2 - Bids were opened and publicly declared on September 23, 1998, by the City Clerk for the construction of the Airport Well No. 2, Project No. 4-9981, a bid opening report is on file in the Office of the City Clerk. It was the recommendation of the Municipal Utilities Department that the responsible bidder submitting the bid for said project which will result in the lowest cost for the City was Layne Christensen Company in the amount of 236,800.00 and it would be in the best interest of the City that this contract be awarded to said firm. On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, this recommendation was unanimously approved and the Mayor and City Clerk were authorized to execute a construction contract on behalf of the City.

Resolution No. 5567 - Salary - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5567, a resolution of the City Council rescinding Resolution Nos. 5531, 5538, and 5557, and establishing a salary schedule and compensation plan for City employees. This resolution makes a change in the clerical/administrative support staff of the Community Development Department, changes classifications within the Solid Waste Division, and reflects the changes to salary ranges for cost of living adjustments previously approved in employment agreements with all of the bargaining units.

Application - Hazard Mitigation Grant Program - Public Works Director Mutter introduced Mary Petite, the City's Cost Recovery Administrator, who updated the City Council on recent legislation for funding of the Robert T. Stafford Disaster Relief and Emergency Assistance Act. Mayor Cunningham complimented Ms. Petite for a job well done. On motion of Councilmember Banda, seconded by Councilmember Freedman, the City Council unanimously authorized an application for additional project funding through Section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act for damage sites affected by FEMA-1203-DR-CA (El Niño Winter Storms).

PUBLIC HEARING

Local Law Enforcement Block Grant Funds - Public hearing was advertised for this time and place to consider the designation of "purpose areas" for law enforcement funds received from the U. S. Conference of Mayors Law Enforcement Block Grant Funds as follows:
    Custody Specialist Program $122,499.00
    Custody Specialist Special Duty Program $2,450.00
    Technology improvements: $14,449.00
    - Computer workstation, Investigations Bureau
    - Optical imaging report retrieval system
    Total HR 728 Expenditures $139,398.00

PLANNING AND COMMUNITY DEVELOPMENT

Resolution No. 5562 - Waiver of Measure U Requirements - Community Development Director Shaw explained that at the City Council meeting of September 15, 1998, the Redevelopment Agency approved the sale of property located on the west side of Orange Street, south of Pearl Avenue within the Downtown Specific Plan No. 45 to Golison Development. As part of that action, there was discussion of the developer's intent to proceed as expeditiously as possible in the processing of the development plans through City review and permitting. In recognition of that and the City's interest in encouraging development in the downtown area as evidenced in the General Plan, the Mayor directed staff to bring back a resolution for the City Council's consideration that would implement the exemption provided in Section 2.B.2.E of Measure U. This exemption provides that new development projects subject to the Downtown Specific Plan No. 45 are exempt from the provisions of Measure U upon a four-fifths (4/5) vote of the total authorized membership of the City Council. Councilmember Banda moved to adopt Resolution No. 5562, a resolution of the City of Redlands waiving requirements of Measure U in Downtown Specific Plan No. 45 for property located on the west side of Orange Street, south of Pearl Avenue, for Golison Development specifically as they relate to socio-economic studies and traffic. Motion seconded by Councilmember George and was so ordered by the Mayor as there was no opposition to the motion.

Measure U - Redlands Christian Home - The Redlands Christian Home has requested a City Council interpretation of Measure U as it applies to their project. This proposed project is a licensed care facility for the elderly to be located at the northeast corner of Wabash and Fifth Avenues. This facility is in the County of San Bernardino and has an environmental negative declaration and an approved conditional use permit issued by the County of San Bernardino. The applicant has indicated a desire to annex the subject property and build the facility within the City of Redlands. Based on the fact they are a congregate care project, 501C (non-profit) organization, have a legal interest in the property, and are church-owned, Councilmember Freedman moved to direct the City Attorney to prepare the necessary legislation to exempt this project from the socio-economic and traffic analysis requirements of Measure U. Motion seconded by Councilmember Banda and carried with Councilmember George voting NO as he wanted a more specific description of the project before deciding if it would be exempt.

RDA No. 85-2A Transfer - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved the transfer of ownership for Residential Development Allocation No. 85-2A to Silverado Investment for Tentative Tract No. 12628 located between Brockton and Cornell Avenues and west of Emily Street.

Subdivision Improvement Agreement - Classic Pacific - On motion of Councilmember Freedman, seconded by Councilmember Gilbreath, the City Council unanimously approved Amendment No. 1 to the Subdivision Improvement Agreement with Classic Pacific for improvements required for Tract No. 14790-1, Sunset Hills, with the following correction: change date of seventh day of October to read seventh day of September throughout the document.

COMMUNICATIONS

Legislative Bulletins - No discussion.

SBVMWD - The four items regarding the San Bernardino Valley Municipal Water District were continued to the 7:00 P.M. session.

Appointment - Airport Advisory Board - Mayor Cunningham moved to nominate Ted D. Barker to fill the unexpired term of John Krueger on the Airport Advisory Board. Motion seconded by Councilmember George and was so ordered by the Mayor as there was no opposition to the motion.

Appointment - Board of Appeals - Mayor Cunningham moved to nominate Monte L. Stuck to a four-year term on the Board of Appeals. Motion seconded by Councilmember Freedman and was so ordered by the Mayor as there was no opposition to the motion.

Appointment - Public Works Commission - Mayor Cunningham moved to nominate Mark Stanson to fill the unexpired term of Keith Dagostino on the Public Works Commission. Motion seconded by Councilmember Banda and was so ordered by the Mayor as there was no opposition to the motion.

Appointment - Recreation Advisory Commission - Mayor Cunningham moved to nominate Alicia O'Donnell to fill the unexpired term of Robert Hahn on the Recreation Advisory Commission. Motion seconded by Councilmember Freedman and was so ordered by the Mayor as there was no opposition to the motion.

Appointment - DRBA Advisory Board - Mayor Cunningham moved to approve the recommendation of the Downtown Redlands Business Association Advisory Board to reappoint Tony Crotinger to another four-year term on the DRBA Advisory Board. Motion seconded by Councilmember Banda and was so ordered by the Mayor as there was no opposition to the motion.

Reservoir Road Citrus Grove - Public Works Director Mutter reported that the City Council had previously directed staff to survey residents within the Reservoir Road assessment district to ascertain opinions on the proposed planting of a citrus grove between Reservoir Road and the I-10 Freeway at the existing mini park. Staff sent letters and a questionnaire to the 35 residents included in the assessment district. Thirteen responses were received by the return deadline. A summary of the survey with comments from the residents was included in the staff report. It would appear from the survey results that the area residents would support and approve the change from the existing mini park to a citrus grove. They would also support the reduction of their annual assessments. Several opinions suggested that the new landscaping be planted along the entire street/freeway frontage and others suggested that soundwalls be constructed. Mayor Cunningham noted the Redlands Host Lions Club has offered assistance for this project and that Larry Jacinto has offered to donate the trees if the park was named in memory of his father, Frank Jacinto. Councilmember George moved to direct staff to proceed with the development of the citrus grove and that development of said citrus grove be assigned to the Citrus Commission for appropriate design, scheduling, and implementation. Motion seconded by Councilmember Banda and was so ordered by the Mayor as there was no opposition to the motion.

JOINT MEETING - CITY COUNCIL AND REDEVELOPMENT AGENCY

Resolution No. 5565 - Great Neighborhood Program - Councilmember Banda moved to adopt Resolution No. 5565, a resolution of the City Council of the City of Redlands authorizing the use of low- and moderate-income housing funds outside the Redlands Project Area for the Great Neighborhoods Program. Motion seconded by Councilmember Freedman and was so ordered by the Mayor as there was no opposition to the motion. (Also see Redevelopment Agency minutes of October 6, 1998.)

Resolution No. 5566 - Set-Aside Funds - Judy Miller asked the City Council for their support for the approval of Resolution No. 5566 as recommended by the Housing Commission. Councilmember Freedman moved to adopt Resolution No. 5566, a resolution of the City Council of the City of Redlands authorizing the use of low- and moderate-income housing funds outside the Redlands Project Area for Doyle and Judy Miller, property owners of two four-plex properties located at 1006 and 1016 Lombard Drive. Motion seconded by Councilmember Banda and was so ordered by the Mayor as there was no opposition to the motion. (Also see Redevelopment Agency minutes of October 6, 1998.)

Funds - Housing Bureau - Police Chief Bueermann said this request comes in response to the reorganization of the Community Development Block Grant (CDBG) contract administration. Housing personnel will no longer be responsible for CDBG construction projects and therefore cannot charge staff time to the CDBG account. Public Works will bill future contract administration for CDBG construction projects in an amount not to exceed $16,384.00, the County's percentage limitation for allowable administrative fees. Councilmember George moved to approve an additional appropriation in the amount of $16,384.00 to support salary and benefit costs in the Housing Bureau to cover salary and benefit expenses currently allocated in the CDBG fund. Motion seconded by Councilmember Gilbreath and was so ordered by the Mayor as there was no opposition to the motion. (Also see Redevelopment Agency minutes of October 6, 1998.)

CLOSED SESSION

The City Council meeting recessed at 3:52 P.M. to continue the Redevelopment Agency meeting. The City Council meeting reconvened at 3:55 P.M. and recessed immediately to a closed session to discuss the following:

1. Conference with legal counsel: Existing litigation - Government Code § 54956.9(a)
   - Wenzel v. City of Redlands (SCV 43189)
   - Majestic Realty Company v. City of Redlands and Timberlake Group Intl.
      (SCV 51027 and SCV 49347)
   - Redlands Crossing v. City of Redlands (SCV 797365)
   - Carillo v. Lockheed Martin et al
   - Keith Roberts v. City of Redlands
2. Conference with legal counsel: Anticipated litigation - Government Code § 54956.9(b) - 2 Cases
3. Conference with real property negotiator Property: APN 167-011-09 and APN 167-011-12 (Wash area)
   Negotiating parties: Gary M. Luebbers and Robert M. Matich
   Under negotiation: Terms and price

Accolades - Mayor Cunningham was proud to announce that the City of Redlands was well represented at the League of California Cities Annual Conference held this past weekend in Long Beach during which the City was one of nine recipients of the Helen Putnam Award. Representing the City of Redlands were: Rick Hulbert, Jim Grant, Linda Arnold, Mitch McKee, Mike Reynolds, and Janet Miller. City Treasurer Reynolds also moderated two panels; one of which Police Chief Bueermann and City Manager Luebbers made a presentation. Municipal Utilities Director Phelps and Community Development Director Shaw were also present at the conference. Mayor Cunningham stated it was a genuine pleasure to receive the recognition and to represent the finest City in California. City Manager Luebbers announced that the National League of Cities informed us today that the City of Redlands had been selected to receive another award for our volunteers in the Police Department. Deputy Chief Clete Hyman, Sgt. Tom Fitzmaurice, and three Civilian Volunteer Patrol personnel present were congratulated on their successful program. City Manager Luebbers said representatives will go to Kansas City later this year to receive the award.

COMMUNICATIONS (continued)

San Bernardino Valley Municipal Water District - Mayor Cunningham scheduled several items on this agenda relating to the San Bernardino Valley Municipal Water District, and invited SBVMWD Executive Director Louis Fletcher to explain the proposed water sales agreements with Orange County Water District and Inland Empire Utilities Agency (Chino). Mr. Fletcher explained in detail the proposed water sales which will lower the water table in San Bernardino to address the liquefaction factor and damage to roads and flooded basements caused by the high ground water table in San Bernardino.

San Timoteo Canyon Water Services - Councilmember Gilbreath left the City Council Chambers during the following discussion due to a possible conflict of interest. SBVMWD Executive Director Louis Fletcher explained why the San Bernardino Valley Municipal Water District has contracted with CM Engineering Associates, Inc. for locating and specifying a test well, construction of a domestic production well and water system planning in the San Timoteo Canyon area. This is being done in response to property owners' request to the Riverside-Highland Water Company for domestic water service. Generally, the properties requesting service are southerly of San Timoteo Canyon Road and westerly of Redlands Boulevard. Mr. Fletcher reported that the information received so far is bad and that this contract was entered into in an attempt to decide if the project should go any further.

Redlands Water Service Areas - In an effort to protect the City of Redlands' investment, Mayor Cunningham asked SBVMWD Executive Director Louis Fletcher if anyone in the donut hole has requested service. Mr. Fletcher responded that this type of information was kept to themselves; but did say no formal request has been made, only inquiries. He also stressed that due to the fact that he is a property owner in the donut hole he wished to disqualify himself. Board member Joan Dotson and Board member candidate Mark Bulot were also present at this meeting.

UNFINISHED BUSINESS

UDOPA Preannexation Agreement Proposal - Councilmember Gilbreath expressed concern about the pre-annexation agreement negotiation process for the United Donut Hole Property Owners Association (UDOPA). There have been transmittals back and forth between Keith Cunningham and Mayor Cunningham but she has not seen any pre-annexation agreement presented at this level. Keith Cunningham addressed the City Council and said there has been no effort on the part of the City to meet with UDOPA since two Council meetings ago and he asked for the opportunity to sit down to see if there is a deal. Mayor Cunningham responded to Keith Cunningham and the two men bandied back and forth. Councilmember Gilbreath stated we need to move forward and encouraged the Mayor to begin the process of negotiating. Mayor Cunningham asked Councilmembers to give him a list of items they are willing to negotiate and promised he would meet with representatives of UDOPA.

Lisa Marie Lane Dedication

Annexation No. 76 - Councilmember George did not feel the City was going to resolve the United Donut Hole Property Owners Association problems in the immediate future and urged the City Council to consider amending the properties to be included in the Annexation No. 76 to eliminate the private property within the donut hole. Redlands Unified School District President Mike Ramos urged Councilmembers to proceed with the annexation of Redlands East Valley High School and asked the Councilmembers to adopt a severance resolution to remove their parcel from the donut hole annexation application. Councilmember George moved to modify the request to LAFCO to change Annexation No. 76 by deleting any property in the donut hold that is not owned by the City of Redlands; motion seconded by Councilmember Gilbreath and failed by the following vote:
AYES: Councilmembers Gilbreath, George
NOES: Councilmembers Banda, Freedman; Mayor Cunningham

Michelle Nelson attempted to address the City Council regarding this matter but was not allowed to speak by Mayor Cunningham after the vote and was escorted by the Police Chief back to her seat.

Socio-Economic Study - Councilmember Gilbreath expressed concern about the length of time it was taking to implement the Measure U socio-economic study and invited three individuals to address the City Council to relate the effect of the delay on their projects. Hal Hagen (housing project on Sunset Drive), Dawn D. Rinker (Wissahickon Inn), and Keith Cunningham (Hampton Heights) addressed the City Counci. It was noted the Planning Commission is holding a special workshop study session Wednesday, October 7, 1998, to discuss the committee's report on this matter.

The City Council briefly recessed at 9:06 P.M. and reconvened at 9:14 P.M.

NEW BUSINESS

Appeal - Cities Pavillion Project - An appeal was filed by Majestic Realty Company to the Planning Commission decision of September 8, 1998, to approve final landscaping, irrigation and architectural detail plans as required by the conditions of approval for Planning Commission Review and Approval No. 682 for Cities Pavillion, a commercial center within a 21.44 acre site generally located between San Bernardino Avenue and Pennsylvania Avenue on both sides of New York Street in Concept Plan No. 4 of the East Valley Corridor Specific Plan.

Community Development Director Shaw reported that this project, Planning Commission Review and Approval (CRA) No. 682, is located in the Special Development District of the East Valley Corridor Specific Plan No. 40. This proposed project is the result of Concept Plan No. 4 and is part of the first stage of development for this proposed center. Concept Plan No. 4 established two land use designations: "General Commercial" and "Administrative and Professional." This Concept Plan received a recommendation for a Mitigated Negative Declaration by the Environmental Review Committee on August 22, 1994. On August 1, 1995, the City Council reviewed and certified the Mitigated Negative Declaration. The City Council on this same date also adopted Concept Plan No. 4 as recommended by staff. On June 24, 1997, Phase One of the development for the overall commercial center, under CRA No. 682, was reviewed and approved by the Planning Commission subject to the various departmental conditions of approval. This phase consisted of four buildings which included a 20 screen theater, two restaurants, and several retail shops. The total combined floor area for all four buildings was approximately 192,690 square feet. This phase of development was reviewed and found to be within the parameters of the approved Mitigated Negative Declaration for Concept Plan No. 4. On March 2, 1998, the Building and Safety Division issued a grading permit for Phase One. On September 8, 1998, the Planning Commission reviewed and approved the final landscape and irrigation plans and the architectural details that were submitted to satisfy specific conditions of approval imposed on Phase One of this commercial center. Although the initial approval was for four buildings (A through D), only Building A was submitted for Planning Commission consideration. The submittal of Building A was deemed consistent with the originally approved project and is designed to function as one independent commercial entity. All required parking, traffic circulation, landscaping, irrigation, lighting and other amenities would be provided as required. The architectural details for the other buildings that comprise Phase One will need to be submitted for separate staff review and Planning Commission approval. Also, those uses requiring a Conditional Use Permit will need to be submitted for separate review and approval by the Planning Commission.

The appellant, Majestic Realty Company, is a property owner of approximately 124 acres located between San Bernardino Avenue, Alabama Street, Lugonia Avenue, and the Route 30 Freeway. The grounds of the appeal cited in this application were as follows:

"1) The CRA approved for the Pavillion project in June 24, 1997 expired on June 24, 1998 and accordingly the entire project, and all aspects thereof, must be reviewed by the Planning Commission and the City Council. This decision wrongly relied upon the continued validity of the 1997 CRA for the Project.
2) Under city ordinance 18.192.180 approval of a CRA application must be made by the City Council.
3) Approval of a CRA for a project in excess of 5,000 square feet is subject to Measure U. None of the requirements for Measure U have been complied with in connection with this project.
4) Architectural design of the project is substandard sets a precedent for the surrounding areas that will be detriment to adjacent landowners and the City in general.
5) Approval of the project is in violation of the California Environmental Quality Act due to the (i) the original project has expired and consideration of a new project to subject to CEQA, and (ii) the project as proposed is significantly different than the project originally approved.
6) Approval of a theater requires a Conditional Use Permit, which has never been granted for this project.
7) Approval of the project is reliant in part on the existence of a Development Agreement, which is invalid due to violation of state statutes and City ordinances relating to Development Agreements."

On behalf of the appellant, Majestic Realty Company, John Mirau reviewed in detail their appeal covering the description of the Planning Commission's approval on September 8, 1998, the status of the Planning Commission review and approval; its effect on the Citrus Plaza project; the Planning Department staff and Planning Commission review of the project; architectural style; the need for a Conditional Use Permit; application of Measure U; and the status of the Development Agreement. Representing Cities Pavillion, Sherman Stacy responded to each of the issues and provided photographs confirming grading of the site and copies of the daily reports of work performed by Diffenbaugh Construction and a letter from Kenneth R. King, Civil Engineer, regarding the periodic inspections of the grading work. Mr. Mirau was allowed a short rebuttal to these comments.

Councilmember Gilbreath stated she was concerned with some of the Planning Commission comments and this was not a vision of what she wanted in Redlands. Councilmember George moved to direct staff to provide additional scope and detail. Seconding the motion, Councilmember Banda noted this was not her choice, that she preferred Majestic's architecture style, but that she did not have a problem with the Cities Pavillion plans. City Attorney McHugh asked for a clarification of the motion as to whether the City Council wanted to uphold or deny the Planning Commission's decision. A poll of the Councilmembers indicated the majority wanted to uphold the decision, and Councilmembers George and Banda were willing to amend their motion to reflect this and that the findings be brought back to the October 20, 1998, meeting. The amended motion carried with Councilmember Gilbreath voting NO.

Resolution No. 5560 - Nuisance Abatement - Community Development Director Shaw introduced Code Enforcement Officer Jim Grant who reported that on May 13, 1998, at a Redlands Police Department Neighborhood Improvement Team meeting, the property located at 107 East San Bernardino Avenue was discussed and identified as a long-term problem. There have been two fires set in the house, graffiti spray painted, and there is an open and dangerous swimming pool in the back yard. On June 2, 1998, Code Enforcement, Redlands Police Department, and Redlands Fire Department personnel inspected the property. On June 10, 1998, a certified letter was mailed to the last known registered addressed of the owner; the letter was returned as "unclaimed" on June 26, 1998. The problems that exist at the site and continue to worsen were identified and a summary of the actions taken was reviewed that resulted in this hearing to abate the nuisance. Mayor Cunningham asked if anyone from the audience wanted to address this matter. No one being forthcoming, Councilmember George moved to adopt Resolution No. 5560, a resolution of the City Council of the City of Redlands finding that the conditions on the property known as 107 East San Bernardino Avenue constitute a public nuisance. Motion seconded by Councilmember Freedman and was so ordered by the Mayor as there was no opposition to the motion. If the abatement of the above nuisance is not completed, the same will be removed and repaired, and the nuisance will be abated by the City of Redlands, in which case the cost of such removal or repair shall be assessed upon the property on which said unsafe, dangerous, and hazardous conditions exist, and such cost will constitute a lien upon such property until paid.

Resolution No. 5561 - Nuisance Abatement - Community Development Director Shaw introduced Code Enforcement Officer Jim Grant who reported that on August 9, 1995, Code Enforcement received a complaint that vagrants were using the property located at 707 East Colton Avenue. Certified letters to clean up the property were mailed in 1995, 1997, and 1998, and all letters have been returned as "unclaimed." In April, 1998, the Redlands Fire Department cut down and removed all tall weeds and grass to abate a potential fire hazard. Code Enforcement completed site inspections on June 3, 1998, and July 27, 1998. The problems that exist at the site and continue to worsen were identified and a summary of the actions taken was reviewed that resulted in this hearing to abate the nuisance. Mayor Cunningham asked if anyone from the audience wanted to address this matter. No one being forthcoming, Councilmember George moved to adopt Resolution No. 5561, a resolution of the City Council of the City of Redlands finding that the conditions on the property known as 707 East Colton Avenue constitute a public nuisance. Motion seconded by Councilmember Gilbreath and was so ordered by the Mayor as there was no opposition to the motion. If the abatement of the above nuisance is not completed, the same will be removed and repaired, and the nuisance will be abated by the City of Redlands, in which case the cost of such removal or repair shall be assessed upon the property on which said unsafe, dangerous, and hazardous conditions exist, and such cost will constitute a lien upon such property until paid.

Fee Waiver - San Bernardino Vet Center - The San Bernardino Vet Center requested waiver of reservation fees for the use of Sylvan Park for a disabled veterans' luncheon. They expect 60 persons to attend this event and have requested a reservation for the covered picnic area for this event. Public Works Director Mutter explained that in the past, the City Council has generally waived fees for registered non-profit groups. The San Bernardino Vet Center is a non-profit Federal agency with the Department of Veterans Affairs. The total fee is $210.00 for the reservation of the covered picnic area at Sylvan Park. Councilmember Freedman's motion to deny this request died for lack of a second. Councilmember Gilbreath moved to approve the request for a waiver of fees for the use of the Sylvan Park by the San Bernardino Vet Center. Motion seconded by Councilmember Banda and carried unanimously.

Paramedic Tax Special Tax Ballot Measure - Fire Chief Enslow said the special tax for emergency paramedic services has been in effect since fiscal year 1982-83 and currently generates $925,000.00 annually. With an annual program operating budget of $1.3 million, a General Fund subsidy of approximately $375,000.00 is required. Over the past 17 years, $1.5 million in General Funds have been used to subsidize the paramedic program. Future funding requirements are expected to bring the annual General Fund subsidy to an estimated $683,000.00 by fiscal year 2001-02. The General Fund subsidy would be reduced annually and eliminated entirely if the current charge for a single family home was raised $30.00 per year over a three year period and all other building categories (multi-family, mobile home, commercial, and industrial) raised proportionately as well. During the three year implementation period, the cumulative General Fund subsidy is expected to reach $2,550,000.00. To insure a self-sustaining program, staff recommended an annual COLA or CPI increase in order to ensure the ongoing future funding of the program. In the opinion of the City Attorney, taking an action to increase this tax would not jeopardize the City's ability to continue collecting the existing special tax. All appropriate documents would require City Council approval on or before July 6, 1999, to place this issue on the November 1999 general election ballot. Councilmember Freedman moved to continue this matter for 30 days for more study on the figures presented. Motion seconded by Councilmember Banda and was so ordered by the Mayor as there was no opposition to the motion.

PUBLIC COMMENTS

Public Nuisance - Gerrard A. Gonthier, 930 Renee Street, asked the City Council for assistance regarding properties located at 926 Renee Street and 923 Clock Street that are not being maintained by the landlord. City Manager Luebbers informed Councilmembers an ordinance is being prepared which will allow staff to be more aggressive addressing this type of concern. Mr. Gonthier was referred to Community Development Director Shaw for assistance with his particular complaint.

Speakers' Protocol - Having not been allowed by the Mayor to address the City Council earlier in the evening, Michelle Nelson asked the City Attorney how one can be acknowledged from the audience to speak at a City Council meeting. She then re-attempted to address the City Council regarding Annexation No. 76, but was stopped by the Mayor as this portion of the agenda is for matters not already scheduled on the agenda.

ADJOURNMENT

There being no further business, the City Council meeting adjourned at 10:25 P.M. The next regular meeting will be held on October 20, 1998.

Lorrie Poyzer
City Clerk

CLOSED SESSION

This being the time set for a regular meeting of the City Council of the City of Redlands and there being no quorum present, the City Clerk declared the meeting adjourned to 6:30 P.M. for a closed session for the following purpose:

Conferences with legal counsel - Existing litigation - Government Code Section 54956.9(a)
- Majestic Realty Company v. City of Redlands (Case Nos. SCV 49347 and 51027) - Majestic Realty Company v. City of Redlands
- Carillo v. Lockheed Martin Corporation (10 lawsuits)
- Holden v. City of Redlands

CONSENT CALENDAR

Minutes - On motion of Councilmember Freedman, seconded by Councilmember George, the minutes of the regular meeting of September 1, 1998, were approved as submitted.

Bills and Salaries - On motion of Councilmember Freedman, seconded by Councilmember George, bills and salaries were ordered paid.

Planning Commission Actions - On motion of Councilmember Freedman, seconded by Councilmember George, the report of the Planning Commission meeting held on September 8, 1998, was acknowledged as received.

Conflict of Interest Code - On motion of Councilmember Freedman, seconded by Councilmember George, the City Council unanimously acknowledged review of its Conflict of Interest Code in accordance with Government Code Section 87306.5, finding the following amendments are necessary at this time, and directed staff to prepare the legislation necessary: Include Deputy City Attorney and Deputy Fire Chief as new positions; eliminate former positions Fire Division Chief and Legal Assistant; and amend Resolution No. 5518 to incorporate current provisions required by government Code Section 87302 (Political Reform Act of 1974 as amended to January 1, 1998).

Resolution No. 5558 - Traffic - On motion of Councilmember Freedman, seconded by Councilmember George, the City Council unanimously adopted Resolution No. 5558, a resolution of the City Council of the City of Redlands establishing the following traffic regulations pursuant to Title 10 of the Redlands Municipal Code: designate a passenger loading zone 50 feet long on the east side of Indiana Court fronting 1210 Indiana Court.

Resolution No. 5559 - Traffic - On motion of Councilmember Freedman, seconded by Councilmember George, the City Council unanimously adopted Resolution No. 5559, a resolution of the City Council of the City of Redlands establishing the following traffic regulations pursuant to Title 10 of the Redlands Municipal Code: Establish speed limit on Pioneer Avenue between Texas Street and 700 feet east of Occidental Drive.

Release of Lien - 121 South Center Street - On motion of Councilmember Freedman, seconded by Councilmember George, the City Council unanimously authorize the release of a Lien Agreement to Secure Construction of Public Improvements (dated December 20, 1971) for property located at 121 South Center Street (Assessor's Parcel No. 171-231-04), and to cancel all requirements for street improvements specified in the lien agreement.

Lease Agreement - Community Policing Station - On motion of Councilmember Freedman, seconded by Councilmember George, the City Council unanimously authorized the Mayor and City Clerk to sign a lease agreement with Center Development for the rental of property at 406 Orange Street (Orange Street Plaza, also known as Albertson's) for use as a Community Policing Station at $1.00 a year for a two year lease.

JOINT PUBLIC HEARING - CITY COUNCIL AND REDEVELOPMENT AGENCY

Resolution No. 5554 - Sale of RDA Property - City Manager Luebbers reported that at its August 4, 1998, closed session, the Redevelopment Agency Board of Directors gave instructions to its negotiator regarding the proposed terms and price for sale of the property located at the southwest corner of Orange Street and Pearl Avenue (Assessor's Parcel No. 169-201-50) owned by the Redevelopment Agency to Golison Development. The details of the transaction were included in a purchase and sale agreement and escrow instructions provided to the City Council. Revenue to the Redevelopment Agency totals $460,000.00 less escrow and recording fees. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments regarding the sale of this property. None being forthcoming, the public hearing was declared closed. Councilmember George moved to adopt Resolution No. 5554, a resolution of the City Council of the City of Redlands approving the execution of a purchase and sale agreement and escrow instructions between the Redevelopment Agency of the City of Redlands and Golison Development. Motion seconded by Councilmember Banda and carried unanimously. Mayor Cunningham asked staff to bring back legislation for the City Council to consider at the October 6, 1998, meeting to declare this project exempt from provisions of Measure U. (Also see Redevelopment Agency minutes dated September 15, 1998.)

COMMUNICATIONS

Legislative Bulletin - No discussion.

909 Area Code - In recent years, a combination of new technologies, increased consumer demand, and the opening of local telephone markets to competition has strained existing telephone number resources. Each new request for telephones, pagers, fax machines, cellular phones, PCS, modems, or other services depletes the existing supply of telephone numbers. As a result, telephone number shortages have occurred and area code relief is required. This unprecedented demand for more numbers will require the 909 area code to be split with a new number becoming available as early as February 2000. Councilmember Freedman attended a public meeting and shared the information he had received and briefly explained the complicated process involved to split the 909 area code and the six proposed plans presently under consideration by the California Public Utilities Commission. Alternative 9B will leave the largest portion of the County of San Bernardino boundaries, including Redlands, with the 909 area code. It will add a new area code to the Upland, Ontario, and Chino area and will have the least impact to the County and its constituents. Councilmember George moved to direct staff to write to the Public Utilities Commission and Lockheed Martin IMS to advise them the City of Redlands' preference and endorse Alternative 9B. Motion seconded by Councilmember Freedman and carried unanimously.

Measure U - Fern Lodge Project - The American Baptist Homes of the West (ABHOW) requested a City Council interpretation of Measure U as it applies to the Fern Lodge project. This proposed project is a 62-unit one-bedroom apartment complex for low and very low income seniors to be located at the southwest corner of Redlands Boulevard and Fern Avenue. ABHOW has received a 202 grant from the Housing and Urban Development in the amount of $4,967,000.00 and an allocation of $566,285.00 in Redevelopment Agency set-aside funds (see Resolution No. 5552 approved September 1, 1998). Mayor Cunningham reviewed the allowable exemptions of the socio-economic study and traffic requirements under Measure U, and felt that this non-profit project for congregate care with common dining room qualified for the exemption and moved to approve ABHOW's request. Motion seconded by Councilmember Banda and carried unanimously.

UNFINISHED BUSINESS

Citrus Plaza - Tim Chaikovsky, Redlands Joint Venture, and Brook Morris, Majestic Realty Company, presented an overview of their proposed Citrus Plaza project which is to be located between San Bernardino and Lugonia Avenues, and Alabama Street and State Route 30. Mr. Morris reviewed the project and the enhancements made to its design and landscaping reflecting comments received (less palm trees, more shade trees, decorative tile, upgrade of light fixtures, and other architecture treatments). Mr. Chaikovsky reviewed the specifics of the proposed development agreement, noting their two major concerns were the implementation of Measure U and resolution of the donut hole pre-annexation agreements. He explained that inclusion of a movie theater is necessary for a good quality project. He showed charts showing the estimate of development fees to be derived by the City totaling $9,744,079.00 and estimate of annual revenues to be derived by the City totaling $3,600,000 (based on 1994 dollars) and their proposed distribution of the Phase I voluntary incentive contribution (AYSO soccer fields: $300,000.00; Fire Station No. 1: $200,000.00; Community Field Restrooms: $20,000.00; the Redlands Community Music Association's Mission Gables restoration project: $200,000.00; and downtown revitalization: $280,000.00 for a total of $1,000,000.00.)

Hampton Heights Development Agreement Proposal - The developers of the Hampton Heights project, a development of a master planned residential/golf course community consisting of approximately 527 units on 465 acres of property located in the Crafton Hills within the Redlands' sphere of influence, presented a draft development agreement and schedule for its negotiation and implementation. Mayor Cunningham stated he has not seen any details of the project and that it seemed premature to start negotiating a development agreement prior to processing the environmental review. Community Development Director Shaw reported the environmental application was not complete as filed. Councilmember Freedman said he would like to see a concept presentation first.

Rideshare Budget - Finance Director Johnson presented an analysis showing a five year recap of the City's Air Quality funds received pursuant to AB 2766. These funds are currently being allocated to the City's Rideshare Program, the City Hall On-Line project, and a smog mechanic. These are all acceptable AB 2766 expenditures. Mayor Cunningham said the State is removing support of rideshare programs and he wanted more information regarding the City's program, i.e. how many participants and implementation in order to examine what we can do that would be most effective. Several letters from City employees were received urging the City Council to continue the rideshare program currently in use. On behalf of the Redlands Professional Fire Fighters and City rideshare participants, Darrell Feuerhahn told Councilmembers the program is quite successful in Redlands and participants feel they are contributing to smog reduction in our valley. He urged City Council to continue the rideshare program. Councilmember Freedman thanked the participants for their commitment. Councilmember George assured the employees he was not trying to pirate funds for the trolley car proposal as he is looking to other sources for funding. Councilmember Banda thanked employees for their input as it was very helpful. Councilmember Cunningham's motion to direct staff to survey neighboring cities to see what mechanisms they use and to prepare an informative report on Redlands' program and return to the City Council in one month was seconded by Councilmember Freedman and carried unanimously

NEW BUSINESS

Development Impact Fees Note - William Caronna, Donna Caronna, Rick Dischinger, and Debbie Dischinger have requested the City Council consider financing for water and sewer development impact fees for their micro brewery to be located at 19 East Citrus Avenue. Staff recommended the following terms: no down payment, payments to commence 30 days after opening of the business, a maximum amortization period of 36 months, and an interest rate equal to prime plus one percent (or 9.5 percent). Councilmember Freedman moved to approve a development impact fee financing agreement (a "note") between the City of Redlands and the tenants for the Brickhouse Brewery in the amount of $88,800.00 to be amortized over a 36 month period as recommended by staff, subject to review and preparation by City Attorney. Motion seconded by Councilmember Cunningham and carried unanimously.

East Valley Corridor Specific Plan Amendment - Councilmember Cunningham moved to direct staff to examine the development standards of the City of Loma Linda and the County of San Bernardino in the CSA 110 area (East Valley Corridor Specific Plan) to see if the City of Redlands is consistent. Motion seconded by Councilmember Banda and carried unanimously.

Resolution No. 5560 - Nuisance Abatement - A hearing was advertised for this time and place to consider the declaration of the property located at 707 East Colton Avenue as a public nuisance and to order the abatement by the City of Redlands. Community Development Director Shaw said this matter should be continued for re-noticing for the October 6, 1998, meeting. This was agreeable to Councilmembers.

Resolution No. 5561 - Nuisance Abatement - A hearing was advertised for this time and place to consider the declaration of the property located at 107 East San Bernardino Avenue as a public nuisance and to order the abatement by the City of Redlands. Community Development Director Shaw said this matter should be continued for re-noticing for the October 6, 1998, meeting. This was agreeable to Councilmembers.

PUBLIC COMMENTS

United Donut Hole Owners Property Association - On behalf of the United Donut Hole Owners Property Association (UDHOPA), Keith Cunningham asked what the mechanism and procedure was to sit down and negotiate the proposed pre-annexation agreements presented at the last City Council meeting held two weeks ago. He did not want to procrastinate until it was too late to proceed at the continued LAFCO hearing.

Accolades - TV Crew - Councilmember George expressed appreciation to Bob Ettleman who is volunteering his time to direct the televising of the City Council meetings on cable television. Other members of tonight's TV crew were also recognized: Cheryl Entler, Assistant Director; Rod Laboni, Assistant Director, Cory Elgin, cameraman; Arron Godard, cameraman; and Jesse Ludikhuize, cameraman. Each member of the TV crew is volunteering their time. All were thanked for their efforts, especially Mr. Ettleman who has also, on his own time, interviewed and trained the high school students.

ADJOURNMENT

There being no further business, the City Council meeting adjourned at 8:23 P.M . The next regular meeting will be held on October 6, 1998.

Lorrie Poyzer
City Clerk

The meeting was opened with an invocation by Mayor Cunningham followed by the pledge of allegiance.

PRESENTATIONS

ACME Workers - On July 13, 1998, a letter was received from a group of young people ranging in age of 8 to 12 years old and calling themselves ACME (Adroit, Crime Solvers, Manageable, Essential Workers) Agents offering to volunteer to help or work for the City. Coordinating with Police Chief Bueermann, City Manager Luebbers offer the ACME Agents the responsibility of washing police cars which they have done during the summer. In recognition of their efforts, Police Chief Bueermann and City Manager Luebbers presented certificates of appreciation to Victoria Collins, Christopher Brown, Janice Boston, Shaun Boston, Tiffany Schmitz, Joshua Schmitz, Victoria Schmitz, Sarah Lozano, and Alison Brown.

Redlands City Hall OnLine - http://www.ci.redlands.ca.us - Municipal Utilities Director Phelps introduced Michael D'Amico, CEO/President of Alpha Internet Systems, who collaborated with City Manager Luebbers, Project Manager/Municipal Utilities Director Phelps, and Chief of Utility Operations Michael L. Huffstutler in the development of an Internet based government business module for Redlands. Mr. D'Amico presented the City of Redlands' web site which is the product of many thousands of hours of proprietary research and development by a team of professional government administrators and is much more than the typical city web page. It is designed with true citizen/city government inter-activity as its goal. The objective is to provide the citizens of Redlands with 24 hours per day, 7 days per week access to the City's documents, processes, and officials. With this formal dedication, the citizens of Redlands are now provided with the ability to reach directly into City Hall, at the click of a mouse, to review government documents and the Redlands Municipal Code; apply for permits or a job; send messages to the City's elected officials or staff; review the City Council's minutes and agendas; peruse the City's recreation programs; sign-up for City facilities; access the Library's web site; contact the Police or Fire Departments; and for a myriad of other reasons, all without waiting in lines or playing "phone tag."

CONSENT CALENDAR

Minutes - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the minutes of the regular meeting of August 4, 1998, were approved as submitted.

Bills and Salaries - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, bills and salaries were ordered paid.

Planning Commission Actions - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the report of the Planning Commission meeting held on August 11, 1998, was acknowledged as received.

Ordinance No. 2382 - Solid Waste Regulations - Ordinance No. 2382, an ordinance of the City of Redlands amending Chapter 13.64 and deleting chapters 13.68, 13.72, 13.76, and 13.80 of the Redlands Municipal Code relating to the regulation of solid waste, was adopted on motion of Councilmember Gilbreath, seconded by Councilmember Freedman, by the following vote:
AYES: Councilmembers Banda, Gilbreath, Freedman, George; Mayor Cunningham
NOES: None
ABSENT: None

Agreement - California Street Landfill - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved an agreement with Vector Engineering, Inc. to provide engineering services for the California Street Landfill vertical expansion and conceptual horizontal expansion design and authorized the Mayor and City Clerk to execute the document on behalf of the City.

Resolution No. 5550 - Tow Franchise Regulations - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5550, a resolution of the City Council of the City of Redlands rescinding Resolution No. 4741 relating to tow franchise procedures.

Agreement - California Street Landfill - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved an agreement with Janechek & Associates to provide professional training and operations support services for the landfill gas system at the California Street Landfill and authorized the Mayor and City Clerk to execute the document on behalf of the City.

Agreement - Judson Street Water Transmission Main - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved an agreement with Krieger & Stewart, Incorporated to provide engineering services for the design of the Judson Street Water Transmission Main and authorized the Mayor and City Clerk to execute the document on behalf of the City.

License - Camp Pendleton - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved a modification to the agreement with the U. S. Navy for use of the Camp Pendleton facility by members of the Redlands Police Department. The Special Weapons and Tactics Team has utilized the firing ranges and training facilities at Camp Pendleton for over fifteen years.

Contract - Problem Solving Partnership Grant - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved a contract with the County of San Bernardino to provide a probation officer pursuant to the Police Department's Problem Solving Partnership Grant and authorized the Mayor and City Clerk to execute the document on behalf of the City.

Resolution No. 5547 - Criminal Justice Center - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5547, a resolution of the City Council of the City of Redlands supporting the construction and operation of a criminal justice center containing adult and juvenile detention facilities in the high desert by the San Bernardino County sheriff's Department and sheriff Gary Penrod.

Surplus Vehicles and Equipment - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously declared certain City vehicles and other miscellaneous equipment surplus and authorized the Municipal Utilities Department to engage Industrial Assets, Inc. auction company for the disposal of the surplus vehicles and equipment.

Agreement - Electrical Energy Demand Aggregation - Councilmember George commended Municipal Utilities Director Gary Phelps, Water Resources & Utility Operations Chief Michael L. Huffstutler, and Senior Civil Engineer Tom Fujiwara for all their good work and research in regards to the electrical deregulation effect on the City of Redlands, and moved to approve an electric service agreement with the State Department of General Services and the ESP & DGS/EA Customer Responsibility Form (attachment 4) and authorize the Mayor and City Clerk to execute the document on behalf of the City. Motion seconded by Councilmember Banda and carried with no opposition.

Resolution No. 5556 - DBE Program - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5556, a resolution of the City of Redlands establishing a Disadvantaged Business Enterprise (DBE) Program, appointing a DBE liaison officer, establishing DBE goals, and rescinding Resolution No. 5421.

Agreement - Eureka Street Widening Project - The agreement with David P. and Kathleen A. Crain which will permit the City to make certain improvements to the Crain's property in connection with the Eureka Street widening project was continued to September 15, 1998.

CDBG Allocation - Contract Administration - The request to allocate $18,300.00 from the City's Community Development Block Grant (CDBG) contingency fund to the Public Works Department for contract administration of CDBG construction projects was continued to September 15, 1998.

Contract Award - Wildfire Prevention Demonstration Park - Bids were opened and publicly declared on August 20, 1998 by the City Clerk for construction of the Ford Park Wildfire Prevention Demonstration Garden; a bid opening report is on file in the Office of the City Clerk. It was the recommendation of the Public Works Department, with the concurrence of the Fire Department, that the responsible bidder submitting the bid for said project which will result in the lowest cost for the City was Madrid Construction in the amount of $40,162.00, and it would be in the best interest of the City that this contract be awarded to said firm. On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, this recommendation was unanimously approved.

Resolution No. 5557 - Salary - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5557, a resolution of the City Council of the City of Redlands amending Resolution No. 5531 to downgrade the salary and qualifications of the Administrative Analyst in the Municipal Utilities Department (MM49.5) to an Administration Assistant (MM48).

PLANNING AND COMMUNITY DEVELOPMENT

Development Agreement Annual Report - In accordance with Section 18.220.180 of the Redlands Municipal Code, Community Development Director Shaw presented a brief report on the existing and active development agreements that various applicants and the City of Redlands entered into prior to the construction of certain development projects as follows:

Development Agreement No. 2
Applicant: Gatlin/Berger Development Inc. (Wal-Mart)
Location: Northeast corner of California Street and Redlands Boulevard
Effective Date: March 29, 1990
Term: Ten (10) years from date of approval
Description: This development agreement pertains to a multi-phased open-air shopping center to be build on a 27 acres site and provided that the City install certain off-site improvements and lease from the developer a portion of the parking area for public use. This development agreement will expire on March 29, 2000. The commercial center is located within the boundaries of the East Valley Corridor Specific Plan and is nearly completely built out.

Development Agreement No. 3
Applicant: Barton Development and Glorious Redlands Investment Partners
Location: Generally located between Lugonia Avenue, California Street, Mt. View Avenue, and San Bernardino Avenue
Effective Date: September 3, 1991
Term: Not to exceed 20 years from date of approval
Description: This development agreement established procedures and requirements relative to the construction of certain on-site and off-site improvements for a multi-phased master planned business park on approximately 306 acres. The development agreement will expire on September 3, 2011. The project site is located within the boundaries of the East Valley Corridor Specific Plan. No development has occurred on the site.

Development Agreement No. 4
Applicant: Kaiser Foundation Hospital
Location: Generally located between Lugonia Avenue, California Street, Mt. View Avenue, and San Bernardino Avenue
Effective Date: September 3, 1991
Term: Not to exceed 20 years from date of approval
Description: This development agreement established procedures and requirements relative to the construction of certain on-site and off-site improvements for a multi-phased medical center on approximately 41 acres. The development agreement will expire on September 3, 2011. The subject site is located within the boundaries of the East Valley corridor Specific Plan. No development has occurred on the property.

Development Agreement No. 9
Applicant: Cities Pavillion (Timberlake)
Location: Generally located at the southeast corner of Tennessee Street and San Bernardino Avenue
Effective Date: October 21, 1997
Term: Not to exceed 10 years from date of approval
Description: This development agreement pertains to a multi-phased commercial center and administrative professional use project to include a 20 screen theater and related improvements to be constructed on the site. The development agreement will expire on October 21, 2007. This proposed commercial center is located within the boundaries of the East Valley Corridor Specific Plan. No development has occurred on the property; however, the applicant is currently processing plans through the Community Development Department.

Councilmember Banda moved that the City Council find that all four development agreements have been found to be in compliance with the prescribed terms and conditions of approval of their agreements and directed that Certificates of Compliance be prepared in recordable form. Motion seconded by Councilmember Freedman and carried with Councilmember Gilbreath voting NO.

Tentative Tract No. 12382 (Revised) - Time Extension - The request for a time extension for Tentative Tract No. 12382 (revised), a proposed subdivision of approximately 40.9 acres of land into 31 single family lots located east of Wabash Avenue and south of Sunset Drive in the R-A-A (residential estate animals) District, John H. Danielson, applicant, was continued to September 15, 1998.

Contract - Hampton Heights EIR - Staff recommended a contract with Robert Bein, William Frost & Associates, be approved subject to review by the City Attorney for the preparation of an environmental impact report for the Hampton Heights planned residential project in Crafton Hills in an amount not to exceed $111,525.00 which is to be paid entirely by the applicant. Councilmember Freedman indicated he was not convinced the scope of project for the Hampton Heights project was complete yet, and he was also concerned about the increased cost. He moved to direct staff to negotiate with an alternative consultant for the preparation of this environmental impact report and not until the full scope of the project is known. Motion seconded by Councilmember Cunningham and carried with Councilmember Gilbreath voting NO.

Minor Subdivision No. 238 - Time Extension - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved a one year time extension to August 13, 1999, for Minor Subdivision No. 238, the subdivision of 7.2 acres into two commercial parcels for property located on the southwest corner of Redlands Boulevard and Cypress Avenue; Golden State Ventures, applicant.

COMMUNICATIONS

Redlands Bowl - Smoking Policy - A letter has been received from Thomas C. Timmreck, Ph.D., San Bernardino, expressing concern that only half of the Redlands Bowl is designated "no smoking" and suggested this smoking policy be reviewed. Councilmember Cunningham moved to direct staff to talk with members of the Redlands Community Music Association and re-examine the policy. Motion seconded by Councilmember Banda and carried unanimously.

Measure U - Socio-Economic Model - Christopher Martinez, David Taussig & Associates, Inc., reviewed the Measure U Socio-Economic Analysis prepared by his firm. On behalf of the Measure U Socio-Economic Committee (a 12 member citizens committee), Ray Alexander summarized their weekly, three- hour long meetings held since March of this year. Councilmembers Cunningham and George expressed their appreciation and gratitude for their service. Councilmember Gilbreath noted she had applied the suggested criteria to two models and neither project qualified. Following the conversation between Councilmember George and representatives from Majestic Realty (see next paragraph), Mayor Cunningham responded by Councilmember Gilbreath's inquiry that the citizens' committee's recommendations had been referred to staff for study and would be reviewed by the Planning Commission and then forwarded to the City Council.

Majestic Development - Following the Socio-Economic Analysis presentation, Councilmember George said that although Majestic Realty did not respond in time for this agenda to present their project and development agreement at this meeting, that Councilmembers received a draft development agreement via FAX at 2:00 P.M. this date. As there were representatives present in the audience, he urged them to make the presentation at this time. On behalf of Majestic Realty, Mr. Roski responded from the audience that they were not prepared to make a presentation at this meeting; that they had attended the meeting for other matters scheduled on the agenda.

JOINT MEETING - CITY COUNCIL AND REDEVELOPMENT AGENCY

Contract - Bond Pricing Consultant - Accounting Manager Kundig explained that the role of a pricing consultant is similar, but more limited in scope, than that of a financial advisor. The pricing consultant will analyze market conditions and participate in the final phase of the transaction to facilitate the City getting fair pricing on the bonds as well as a reasonable underwriter's discount. In relation to refinancing of the 1993 Water and Sewer Certificates of Participation, as well as the Redevelopment debt, requests for proposals for pricing consultants were mailed by the Finance Director to five financial firms on August 4, 1998. On August 18, 1998, four responses had been received. Staff and the Finance Committee evaluated each firm's qualifications. All firms were qualified and the fees for all four firms are very comparable. Councilmember Freedman moved to appoint the firm of Seidler-Fitzgerald to serve as pricing consultant for the City of Redlands' refinancing of its 1993 Water and Sewer Certificates of Participation. Motion seconded by Councilmember Banda and carried with Councilmember Gilbreath voting NO as she had recommended, as a member of the Finance Committee, to appoint Fieldman-Rolapp. (Also see Redevelopment Agency minutes for September 1, 1998.)

Resolution No. 5552 - ABHOW - In November 1996, American Baptist Homes of the West (ABHOW) was informed they would receive a 202 grant from Housing and Urban Development (HUD) in the amount of $4,967,000.00. The grant was awarded to fund the development of a 62-unit one-bedroom apartment complex for low and very low income seniors. The project, named Fern Lodge, will be located at the southwest corner of Redlands Boulevard and Fern Avenue. On August 13, 1998, the Housing Commission voted unanimously to recommend that the Redevelopment Agency Board of Directors allocate $566,285.00 in set-aside funds, contingent upon reimbursement to the Redevelopment Agency of all proceeds from the sale of the residential unit located on the property; said amount to be determined by a fair market appraisal of the house and grounds. Marlene Dougherty, chairman of the Fern Lodge Advisory Committee, and ABHOW Board Members Margaret Weitkamp and Kevin Knudtson urged approval of this request. Other board members, the contractor and the architect were also present at this meeting. Councilmember Freedman moved to adopt Resolution No. 5552, a resolution of the City Council of the City of Redlands authorizing the use of low- and moderate-income housing funds outside the Redlands project area. The motion was seconded by Councilmember Gilbreath and carried unanimously. (Also see Redevelopment Agency minutes dated September 1, 1998.)

CLOSED SESSION

The City Council meeting recessed at 4:22 P.M. to continue the Redevelopment Agency meeting and reconvened at 4:23 P.M. to a closed session to discuss the following:

1. Conference with legal counsel: Anticipated litigation - Government Code § 4956.9(c)
   - One case
2. Conference with legal counsel: Existing Workers' Compensation claims - Government Code § 54956.9(a)
   - Donald Morlan
   - Charles Varvel
   - John Cullen

The following closed session items, which arose subsequent to the agenda being posted, were unanimously added to the agenda on motion of Councilmember Banda, seconded by Councilmember George, as the need to take action was immediate: Conference with legal counsel: Existing litigation - Government Code Section 4956.9(a): Majestic Realty Company and Redlands Joint Venture.

The meeting reconvened at 7:00 P.M.

PUBLIC HEARINGS

Pre-Annexation Agreement No. 98-06 - Public hearing was advertised for this time and place to consider Pre-Annexation Agreement No. 98-06 for approximately 14.4 acres located on the northwest corner of Opal Avenue and Colton Avenue within the City of Redlands' sphere of influence that contains an existing manufacturing operation (Richmond Technology). Community Development Director Shaw reported a draft agreement has been prepared by Richmond Technology and includes a number of provisions which afford the company assurance relative to the existing manufacturing operations, development of the vacant parcel, and the appropriate zoning and development standards to be applied for the expansion and/or development of the subject site. Staff and the City Attorney have reviewed the draft agreement and recommended that provisions contained in the document be modified and returned for additional discussion between the City and Richmond Technology. Staff has met with the company and reviewed the necessary revisions with Richmond and, at this time, it is thought the applicant would prefer a development agreement. Therefore staff recommended that this public hearing be tabled. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. None being forthcoming, the public hearing was unanimously tabled as recommended on motion of Councilmember George, seconded by Councilmember Gilbreath.

Resolution No. 5546 - Measure I Funds - Public hearing was advertised for this time and place to consider Resolution No. 5546, a resolution of the City Council of the City of Redlands adopting the Measure I Five Year Capital Improvement Program and Twenty Year Transportation Plan. Assistant Public Works Director Laaninen explained that Measure I, the County-wide transportation sales tax program, requires that each local jurisdiction receiving program revenues annually adopt a Five Year Transportation Plan which outlines the specific projects upon which those funds will be expended and a Twenty Year Transportation Plan. A listing of the projects on which local Measure I funds will be spent in the City of Redlands in future years was presented as a part of Resolution No. 5546. It was noted that funding for the Orange Street bridge is included in the Local Transportation Fund which explained why it is not reflected within this resolution. Mayor Cunningham commented that the Twenty Year Transportation Plan may be jeopardized if the Measure I tax is not extended. He then declared the meeting open as a public hearing for any questions or comments. None being forthcoming, the public hearing was declared closed.

Councilmember Banda moved to approve the Environmental Review Committee's Negative Declaration for the Five Year Capital Improvement Program and Twenty Year Transportation Plan related to Measure I, 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 Freedman and was so ordered by the Mayor as there was no opposition to the motion. Councilmember Banda moved to adopt Resolution No. 5546. Motion seconded by Councilmember Freedman and was so ordered by the Mayor as there was no opposition to the motion.

UNFINISHED BUSINESS

Resolution No. 5555 - Lisa Marie Lane - Resolution No. 5555, a resolution of the City Council of the City of Redlands accepting an offer of dedication for road (Lisa Marie Lane) purposes for County of San Bernardino Parcel Map No. 3373, was presented to the City Council. Councilmember Banda moved to adopt Resolution No. 5555. The motion was seconded by Councilmember Freedman and carried with Councilmember Gilbreath voting NO as she was not in favor of accepting a dedication that did not meeting City standards.

Legal Fees - Included in the City Council packet was a recap of legal expenses paid by the City in relation to the proposed Majestic Realty development; the expenses were broken down by fiscal year, funding source and vendor, as well as split out between expenses related to the County litigation and litigation with the developer. Councilmember Gilbreath stated at this meeting, she had requested a breakdown of all legal expenses; she distributed a copy of her request showing legal expenses by fund number for the past three fiscal years totaling $1,647,312.47. Councilmember Gilbreath stated that Majestic has been making constant efforts to negotiate with the City but she felt a reasonable effort was not being made by both parties causing a major impact on the Utility Funds. She pointed out the revenue that would be coming into the City if the Majestic issues had been settled. She then asked for a breakdown of legal costs by fund and a comparison of surrounding cities. Councilmember Freedman noted that this City Council is not responsible for the Majestic legal costs; that the prior City Council was. He also stated that Majestic manages their projects by litigation. Mayor Cunningham took Councilmember Gilbreath to task; he reviewed the history of the Majestic project and stated that essentially there have been no legal costs caused by this City Council -- that the costs were inherited. He further explained he felt there were extremely important issues to protect. Councilmember George shared his concerns about legal costs and explained that he had not intended to put Majestic representatives on the spot earlier in this meeting, but felt it was important that the public see what we are talking about. Redlands' resident Albert Kelley addressed Councilmembers and told Councilmember Gilbreath she should shoulder the legal costs as they started during her first term in office.

Annexation No. 76 (A-D) - Councilmember Freedman presented a memorandum regarding the process which has delayed Annexation No. 76, consisting of 1,400 acres of land including Redlands East Valley High School. He placed the blame for the delay at the feet of Majestic Realty. A chronology of events regarding the Citrus Plaza project and its dealings with the City was attached to his memorandum. Councilmember Freedman stated he still saw no indication that Majestic Realty wanted to annex to the City and become a part of the community and that distressed him. He concluded his remarks stating he could not support anything Majestic Realty wanted until they were willing to come into the City, and urged the City Council to direct staff to stop processing their application until they were annexed. Councilmember Gilbreath said her recollection was that Majestic had asked early in the process to be removed from our annexation application and that she had expressed concern about a hostile annexation. Spokesman for the United Donut Hole Property Owners' Association Keith J. Cunningham addressed the City Council with their perspective of the annexation proceedings. He said they would be willing to continue with the process if they know what they can do with their property, when and how long will their development rights be protected, and what the development fees and costs under Measure U will be. They are looking forward to sitting down and negotiating this pre-annexation agreement. In regards to the high school annexation, he indicated the City Council has the power to remove the donut hole property from Annexation No. 76 and proceed; he then handed a copy of a letter to each Councilmember requesting their property be removed from the global annexation. Also addressing the City Council were: Denise Kafrolini, Julie Horn, Elton Horn, and Michele Nelson. Councilmember George again asked Majestic representatives if they would make a development agreement presentation on September 15, 1998; representatives present indicated they would be ready at that time.

NEW BUSINESS

Resolution No. 5551 - Subdivision Proposals - City Attorney McHugh reported that in the past the City Council has expressed an interest in monitoring subdivision development which is proposed in neighboring cities and unincorporated County area that adjoins the City. As part of that process, the City Council has asked staff, on occasion, to undertake a review of entitlement applications associated with such development and to comment on those entitlements. The City Council has also asked staff to develop a method for ensuring that Redlands' comments on such development are delivered to the appropriate governmental authorities and are heard. The State Subdivision Map Act in Government Code Section 66453 provides a procedure which would assist the City Council and staff in monitoring and commenting upon such subdivision proposals. City Attorney McHugh explained the process and presented Resolution No. 5551, a resolution of the City Council of the City of Redlands relating to subdivision proposals in neighboring cities and adjoining unincorporated territory, for the City Council's consideration. Councilmember George moved to adopt Resolution No. 5551. Motion seconded by Councilmember Banda and carried with Councilmember Gilbreath voting NO.

League Conference - Delegate - City Clerk Poyzer announced the League of California Cities Annual Conference is scheduled for Friday, October 2 through Sunday, October 4, 1998, in Long Beach. The business meeting will be held on Saturday, October 3, 1998, at 1:30 P.M. at the Long Beach Convention Center. Designation of a voting representative and an alternative is necessary. Councilmember Freedman moved to designate Mayor Cunningham to attend as voting delegate, and Councilmember Banda to attend, as alternate voting delegate, the League of California Cities 1998 Annual Conference. Motion seconded by Councilmember George and was so ordered by the Mayor as there was no opposition to the motion.

Fund Balance Status Report - City Manager Luebbers presented an overview of the status of the 1998-99 available (unreserved) General Fund fund balance. An analysis compares 1998-99 actual results with the 12 month estimates included in the 1998-99 budget and notes any variances. Overall, actual revenues are expected to exceed estimates by $330,000.00 while actual expenditures are expected to meet original estimates. Since the adoption of the 1998-99 budget, the City has received $50,000.00 from the Redlands Unified School District for funding one-half of the cost of crossing guards. The City Council has approved an additional $91,012.00 in appropriations in the past two months. In addition, the General Fund will be loaning $50,000.00 to the Capital Improvement Fund with relation to ballfield lighting as well as replenishing the City's $500,000.00 liability self-insurance reserve. Taking into account the information known at this time, the General Fund available balance is estimated to be $261,012.00 lower than originally projected. This is approximately a 2.3 percent available balance as opposed to the 3.4 percent original projection, both far short of the minimally acceptable 10 percent goal. Noting the City has lost almost $15 million during the past six years due to State of California "take-aways," City Manager Luebbers stated the City is almost in a crisis situation; one unexpected expense such as a natural disaster will tip the scales. He assured Councilmembers he would continue to monitor the situation and report to them as necessary. Mayor Cunningham indicated he would submit a list of budget-tightening items such as he has done in the past.

LATE BREAKING ITEM

Helen Putnam Award - Councilmember Freedman moved to add the following item to the agenda which arose subsequent to the agenda being posted: "Announcement - Helen Putnam Award" Motion seconded by Councilmember Banda and was so ordered by the Mayor as there was no opposition to the motion. City Manager Luebbers announced the City of Redlands is the proud recipient of the League of California Cities' Helen Putnam Award and will receive recognition at the Annual Conference being held in October, 1998. Municipal Utilities Director Phelps briefly described the "Community Based Customer Service" program. City Manager Luebbers and Police Chief Bueermann will sit on a panel at the League meeting to presented a report on the consolidation of the Police and Community Services Departments. On behalf of the City Council, Mayor Cunningham complimented staff on a job well done.

ADJOURNMENT

There being no further business, the City Council meeting adjourned at 8:33 P.M. The next regular meeting will be held on September 15, 1998.

Lorrie Poyzer
City Clerk

This being the time set for a regular meeting of the City Council of the City of Redlands and there being no quorum present, the City Clerk declared the meeting adjourned to the next regular meeting to be held on Tuesday, September 1, 1998, at 3:00 P.M.

Lorrie Poyzer
City Clerk

The meeting was opened with an invocation by Councilmember Gilbreath followed by the pledge of allegiance.

PRESENTATIONS

Employee Service - Introductions were made by the departments heads and Mayor Cunningham presented five year service pins to: Mark Davis, Fire Department; R. Corey Hunt, Police Department; Bryan Lawson, Police Department; Rodney Walters, Police Department; and John Marquardt, Public Works Department - Cemetery. A ten year service pin was presented to: Phyllis Wright, City Manager's Office. A fifteen year service pin was presented to: Ralph Knapp, Police Department. Twenty year service pins were presented to: Daniel Beltran, Fire Department; Kenneth Goodner, Fire Department; Fernando Arias, Police Department; Bill Cranfill, Police Department; Bill Hutchison, Police Department; David Candelaria, Public Works Department - Cemetery; and Tony Adame, Municipal Utilities Department - Solid Waste Division. In recognition of 30 years of service, gold watches were presented to: Hermann Schuermann, Municipal Utilities Department - Administration, and Richard Fuentes, Municipal Utilities Department - Solid Waste Division.

Employee of the Quarter - City Manager Luebbers introduced the following seven nominees for the Employee of the Quarter:

Category: Field
    John Silvia - Municipal Utilities Department/Equipment Maintenance
    Bill Valdivia - Municipal Utilities Department/Solid Waste - Landfill

Category: Safety
    Darren Means - Police Department
    Glenn Crum - Fire Department

Category: Administration
    Ruth Breslin - Police Department/Recreation Division
    Brenda Garton - Municipal Utilities Department/Utility Billing Division
    Fran Serrao - Police Department

Mayor Cunningham presented a plaque with the City seal to the selected employees of the quarter as follows:

John Silva, Equipment Maintenance - Municipal Utilities Department - John Silvia is a worthy example for his fellow employee's to follow. He is able to work on more than one repair project at the same time and keep track of parts ordered in the priority scheduled. Mr. Silva has one of the best record of jobs completed each month averaging 61 to 72 jobs completed a month with no return repairs. In addition, he maintains an excellent rapport with other shop employees and all employees when needed. He has done an outstanding job in keeping his area orderly and clean as well as assisting in other shop area cleaning efforts. Each and every day, Mr. Silva illustrates his exemplary service and extra efforts to do more than just a good job.

Glenn Crum - Fire Department - Fire Captain Crum deserves to be recognized for the many hours he has contributed to the design and specifications of the recently ordered truck company and paramedic squad. He has utilized all of his available free time to insure that the City gets the best product and safest vehicle for its money. He is also in charge of the Fireman's Muster which takes many hours to plan. Captain Crum has long deserved this award for his exceptional work in the Redlands Fire Department.

Fran Serrao - Police Department - Fran Serrao is one of the most dedicated members of the Police Department. As a member of the administrative personnel staff, she is faced with challenges every day, yet she never complains. Over the years, she has been recognized for her professionalism, efficiency, and quality of work. Some of her accomplishments include: training all department personnel on CLETS; the creation of a written policy on records purging; the preparation of records information for inclusion in the Field Officers Notebooks; and the development of amendments to the department Policy Manual pertaining to records. Ms. Serrao is a hard working, self-motivated employee who is devoted to the Redlands Police Department, and deserves recognition for her constant enthusiasm and effort.

Minutes - On motion of Councilmember Gilbreath, seconded by Councilmember George, the minutes of the regular meeting of July 21, 1998, were approved as submitted.

Bills and Salaries - On motion of Councilmember Gilbreath, seconded by Councilmember George, bills and salaries were ordered paid.

Ordinance No. 2381 - Air Traffic Patterns - Ordinance No. 2381, an ordinance of the City of Redlands amending Chapter 12.56 of the Redlands Municipal Code relating to air traffic patterns at the Redlands Municipal Airport, was adopted on motion of Councilmember Gilbreath, seconded by Councilmember George, by the following vote:
    AYES: Councilmembers Banda, Gilbreath, George;Mayor Cunningham
    NOES: None
    ABSENT: Councilmember Freedman

Funds - Joslyn Senior Center - On motion of Councilmember Gilbreath, seconded by Councilmember George, the City Council approved, by AYE votes of all present, an allocation of $700.00 from the Mary E. Scott Trust Account (04-1238) for the purpose of purchasing a tennis table (ping pong) and equipment for use in the Joslyn Senior Center as recommended by the Joslyn Advisory Board on July 15, 1998.

Independent Contractor Agreements - Recreation - On motion of Councilmember Gilbreath, seconded by Councilmember George, the City Council approved, by AYE votes of all present, independent contractor agreements between the City of Redlands Recreation Bureau and Diana J. Morenberg, Mary Clegg, Todd Sanders, and Jack Walker and authorized the Mayor and City Clerk to execute the documents on behalf of the City.

Funds - Contract - Cable Television - On motion of Councilmember Gilbreath, seconded by Councilmember George, the City Council approved, by AYE votes of all present, extension of the contract with Gerald Hanson for cable television consultant services through June 30, 1999, and to appropriate $3,000.00 to cover the cost of the contract.

Lease Agreement - Redlands Community Music Association - On motion of Councilmember Gilbreath, seconded by Councilmember George, the City Council approved, by AYE votes of all present, a revised lease agreement between the City of Redlands and the Redlands Community Music Association for 168 South Eureka Street, and authorized the Mayor and City Clerk to execute the document on behalf of the City. Mayor Cunningham reported both parties had finally hammered out agreeable terms in regards to the utilities and thanked everyone for their patience.

PLANNING AND COMMUNITY DEVELOPMENT

Sign Code - Automobile Dealerships - Community Development Director Shaw reported the City received a letter from Brian J. Wood, General Manager of Redlands Ford, written on behalf of the car dealers in the City of Redlands requesting modifications from the provisions of the new Sign Code for signs associated with the automobile dealerships. The letter identifies three categories of signs for which the car dealers would like reconsideration: (1) pennants, streamers, or similar devices which are suspended from ropes, strings, or similar devices; (2) pole signs; and (3) tethered balloons or balloons of any shape or size including those filled with air or lighter-than-air gases. Staff has recognized the unique situation of car dealers and their need to compete regionally with car dealers within the Inland Empire. The City may want to consider standards that are more flexible for automobile dealerships than would otherwise be permitted. If the City Council concurs, staff will initiate an ordinance text amendment which would be reviewed by the Planning Commission. After a public hearing, the Planning Commission would then make a recommendation to the City Council. The City Council would make the final decision on whatever final amendments would be deemed appropriate. Recognizing their unique position, Councilmember Cunningham moved to direct staff to initiate an ordinance text amendment to allow changes in the signage for automobile dealerships. Motion seconded by Councilmember George and carried by AYE votes of all present.

Minor Subdivision No. 235 - Final Approval - On motion of Councilmember Gilbreath, seconded by Councilmember George, the City Council granted final approval, by AYE votes of all present, for Minor Subdivision No. 235 (Revision 1) to create four lots on 124 acres in the E (Educational) District located south of Brockton Avenue, east of University Street, west of Grove Street, and north of the Atchison, Topeka and Santa Fe Railroad tracks (University of Redlands, applicant), as all conditions of approval have been satisfied.

Tract No. 15532 - Improvement Agreement - On motion of Councilmember Gilbreath, seconded by Councilmember George, the City Council granted a one year improvement agreement, by AYE votes of all present, for Tract No. 15532, a single family lot subdivision on 9.38 acres of property located at the northwest corner of Brockton and Wabash Avenues (Jeffrey MDM Partners II, applicant). This improvement agreement identifies improvements which include grading, landscaping, irrigation systems, and all associated work.

Tract No. 15532 - Final Approval - On motion of Councilmember Gilbreath, seconded by Councilmember George, the City Council granted final approval, by AYE votes of all present, for Tract No. 15532, a subdivision of 36 single family lots on 9.38 acres of property located on the northwest corner of Wabash and Brockton Avenues (Jeffrey Homes, applicant) as all conditions of approval have been satisfied.

Contract - Environmental Services - Hampton Heights - On motion of Councilmember Gilbreath, seconded by Councilmember George, the City Council directed staff, by AYE votes of all present, to negotiate a contract with Robert Bein, William Frost and Associates for environmental services for the Hampton Heights project for an amount not to exceed $84,887.00, to be paid entirely by the applicant, and authorized the Mayor and City Clerk to execute the agreement subject to review by the City Attorney. This a development of a master planned residential/golf course community consisting of approximately 527 units on 465 acres of property located in the Crafton Hills within the Redlands' sphere of influence.

Tract No. 15040 - Improvement Agreement - On motion of Councilmember Gilbreath, seconded by Councilmember George, the City Council approved a one year time extension to July 1, 1999, by AYE votes of all present, for the Osborne Improvement Agreement for Tract No. 15040, a 58 single family lot Planned Residential Development generally located at the southeast corner of Ford Street and Patricia Lane.

Tract No. 14790 - CUP No. 558 - Time Extension - On motion of Councilmember Gilbreath, seconded by Councilmember George, the City Council approved a one year time extension to September 17, 1999, by AYE votes of all present, for Tentative Tract No. 14790 and Conditional Use Permit No. 558 (BEK Engineering, applicant) for the subdivision of 374 acres into 160 lots for property located on the east side of Alessandro Road between San Timoteo Canyon Road and Sunset Drive.

COMMUNICATIONS

Legislative Bulletin - With the concurrence of the City Council, Councilmember George directed staff to reiterated the City's position that State legislators leave the vehicle license fee alone. Councilmembers also concurred to continue their opposition to the resurrected leaf blower bill which will interfere with local jurisdictions' ability to adopt more stringent rules.

S.O.S. Committee - Councilmember Gilbreath presented a bouquet of flowers to Carol Ley, owner of Carol's Corner restaurant, in appreciation for her efforts assisting the Save Our Station fund-raising committee by hosting a country fried steak dinner and providing her restaurant personnel gratis. Jim Macdonald, treasurer of the S.O.S. Committee, reported the following receipts:

Other donations include: Marguerite and Jim Glaze: $5,000.00; John Curci: $2,500.00; Art and Caroline Braswell: $1,000.00; and Pat Gilbreath: $1,000.00. Five Hundred dollar donations were received from: Jean Harp, Dan and Rosalie Erie, Robert and Norma Clark, Redlands Ford, Hatfield Buick, and Shaver Auto Center. The Redlands Professional Firefighters donated $280.00. Two hundred fifty dollars donations were received from: Richard and Diane Crowther and Jay Patel, Super 8 Motel. Two hundred dollar donations were received from Swen Larson and Dr. James Watson. One hundred dollar donations were received from: Ruth Ledbetter, Ahmad Mofeed, Bill and Donna Hunter, Mr. and Mrs. Barnett, Gladys Poyzer (in memory of former Fire Chief Carl Rundberg), Henry Duro, Wes and Peggy Brier, Mr. and Mrs. Leonard Goymerac, Vaughn and Ann Bryan, and Redlands Community Hospital. Swen Larson, chairman of the S.O.S. Committee, sent a memo to the City Council publicly expressing his appreciation to the many people involved in this fund raising campaign: ticket purchasers for the 1927 Buick; Carol Ley, Carol's Corner, Kathy Thurston and her many friends for the pizza party; A & B Towing for constructing and loaning a vehicle trailer for over three months; Councilmember Pat Gilbreath; Dan Crow, President of the Professional Firefighters, and the firemen/paramedics; the Market Night Committee, headed up by Sue Fair, who gave the committee space on so many Thursday nights; and City Clerk Lorrie Poyzer who assisted with the T-shirt sales. He extended special thanks to the committee members: Irv Upton, Gary McCormick, Jim Macdonald, Bill Emmerson, Jeff Novak, Jim Avakian, Darlene Hunt, Leonard Goymerac, Dan Crow, Pat Gilbreath, and Mel Enslow. Councilmember Gilbreath said their campaign is not over; the committee will continue to seek contributions. In closing, the statement on their flyer was read as follows: "Our firefighters are truly Redlands' pride. A Fire Department which has served the community for 107 years. We are asking that you help yourself by supporting the fine measure of excellent protection in fire suppression and paramedic services that we have in our community. S.O.S. asks that you help save our station. The station you help save, may help you." On behalf of the City Council, Mayor Cunningham stated they were genuinely appreciative of the efforts of the S.O.S. Committee.

San Bernardino International Airport - In response to questions from the last City Council meeting, Assistant Public Works Director Laaninen provided a memorandum regarding the traffic patterns at San Bernardino International Airport which overfly Redlands. Currently all aircraft, except large transports, are using Runway 24 for landings and takeoffs. That means that the normal landing and takeoff direction is westerly. Large transports, under calm, east wind or low west wind conditions land straight in eastbound on Runway 6 using the airport's Instrument Landing System. Only in a strong westerly (Santa Ana) wind condition would they enter the pattern and land on Runway 26. Large transports take off on Runway 26 to the west. Only in stronger easterly wind conditions would they take off to the east in order to be taking off into the wind. In any case, hey are not permitted to overfly populated areas under 1,000 feet above ground level (AGL). In the event of a fire, air tankers may use Runway 6 if it is most advantageous. However, unless a waiver is issued by the FAA, the 1,000 AGL rules applies to them. A waiver is issued only in emergencies; for instance, when aircraft are fighting a fire near a populated area. In that case, they must fly below 1,000 feet above ground level in order for their fire fighting effort to be effective. Mayor Cunningham stated the Environmental Review Report (EIR) for the airport's reuse called for Stage 3 aircraft; he asked if the EIR has been modified and if Stage 2 aircraft were there.

Rideshare Funding - Mayor Cunningham provided a copy of the budget for the Air Quality Management District's allocations pursuant to AB 2766 for 1994-95 through 1998-99. The City Council concurred with his request to ask staff to study this budget and return with alternatives at the September 1, 1998, meeting to address the projected deficit and suggest better ways to utilize the funds such as applying towards the trolley car idea presented at the last meeting by Councilmember George.

Lugonia Avenue - Traffic Controls - Councilmember George reported that neighbors are circulating a petition to lower the speed limit on Lugonia Avenue (which is also State Route 38) and install stop signs at Sixth Street in hopes of preventing another accident such as the one that recently occurred that caused the death of 7-year-old Krissia Alvarado who was struck by an automobile as she crossed the intersection of Sixth Street an Lugonia Avenue on her bicycle. He asked fellow Councilmembers to write to CALTRANS indicating the City's support of the neighbors' request for a traffic study. Mayor Cunningham also wanted to include urging CALTRANS to re-examine State Route 38's configuration and perhaps route it through Redlands on San Bernardino Avenue. By consensus, the City Council directed staff to prepare a letter to CALTRANS.

Funds - Recreational Trails - A proposal has been received from Dr. Roger Baty of the University of Redlands providing for the mapping of various existing trails along the south-facing slopes of the northern boundary of the San Timoteo watershed within the City of Redlands. Information provided would show existing trails and affected parcels with parcel ownership. This information would be provided in an Arc/Info format. This map would be used to define existing trails and used as an aid to continue and maintain the trail system as this area develops. Use of students from the University of Redlands would provided an education tool as well as accomplishing the task at a small cost. Councilmember George moved to authorize the engagement of students from the University of Redlands Farquhar Laboratory to produce a trail network inventory of existing recreational trails along the hills in San Timoteo Canyon, and to approve an appropriation of $2,000.00 from the General Fund for this project. Motion seconded by Councilmember Banda and carried by AYE votes of all present.

Appropriations Report - Councilmember Gilbreath requested a report be prepared for the September 1, 1998, Council meeting showing additional appropriations that have been approved since the adoption of the current budget.

City Council Meetings - Mayor Cunningham moved to direct staff to consolidate short City Council agendas into the evening session. Motion seconded by Councilmember Banda and carried by AYE votes of all present.

LATE BREAKING ITEM

City Manager Luebbers reported staff had received a notice from the City of Loma Linda regarding an initial environmental study for a retail project to be located at the southwest corner of Redlands Boulevard and California Street. As the City Council is not scheduled to meet again until September 1, and noting that the need to take action was immediate, Councilmember Banda moved to add this matter to the agenda which arose subsequent to the agenda being posted. Motion seconded by Councilmember George and carried by AYE votes of all present. City Manager Luebbers explained that staff will study and analyze this 40,000 square foot project and communicate any direction received from the City Council. Councilmember Cunningham moved to direct staff to take all necessary action to protect the City of Redlands' interest and communicate any and all concerns to the City of Loma Linda. Motion seconded by Councilmember George and carried by AYE votes of all present.

JOINT MEETING - CITY COUNCIL AND REDEVELOPMENT AGENCY

Resolution No. 5548 - Great Neighborhoods Program - Councilmember Banda moved to adopt Resolution No. 5548, a resolution of the City Council of the City of Redlands authorizing the use of low- and moderate-income housing funds outside the Redlands project area. The motion was seconded by Councilmember Gilbreath and carried by AYE votes of all present. (Also see Redevelopment Agency minutes dated August 4, 1998.)

CLOSED SESSION

The City Council meeting recessed at 3:53 P.M. to continue the Redevelopment Agency meeting and reconvened at 3:54 P.M. to a closed session to discuss the following:

1. Conference with legal counsel: Existing litigation - Government Code § 54956.9(a)
   - Holden v. City of Redlands
   - Redlands Crossing v. City of Redlands
2. Conference with legal counsel: Anticipated litigation - Government Code § 54956.9(c) - One case (This item was withdrawn from the agenda.)

UNFINISHED BUSINESS

Citrus Avenue Parking - Councilmember George reviewed the history of the parking regulations on the south side of Citrus Avenue between Olive Avenue and the no parking zone west of Redlands Boulevard discussed by the City Council and Traffic and Parking Commission during the past several months. He had expressed his unhappiness with business owner on one street telling another street what to do when Resolution No. 5522 was suspended by the City Council on July 7, l998. At the request of property owners on Citrus Avenue, this matter was again placed on the agenda for discussion, and at this time, Councilmember George suggested a compromise by establishing two-hour parking limits for some of the parking spaces and some spaces be left for all-day parking. Elizabeth Morrow and Jim Madden, Independent contractors from the Salon Museum located on Citrus Avenue, urged the City Council to remember that the important person in all discussions relating to downtown parking is the consumer. Maria Villelli, owner of Salon Museum, presented maps of the downtown area showing where all-day parking was available and urged the City Council to keep the parking on Citrus Avenue available for her customers and Hogi Yogi's which are both high traffic businesses. Dolores Mercer who owns two hair salons on State Street did not feel Ms. Villelli's map was totally correct in that all-day parking was not always available on Ninth Street especially when the high school was in session. She also reported that the Downtown Redlands Business Association is actively looking for answers to the downtown parking problems and that she has been assigned the task to look for grants. She urged the City Council to allow her the year they had recently granted by adoption Resolution No. 5543 to find the answers to the parking problems.

Councilmember George read a letter from Richard Caudle, Chairman of the Downtown Redlands Business Association, giving the DRBA perspective regarding this parking issue. Mr. Caudle wrote that the DRBA emphasized with Ms. Mercer's situation but noted it is not in the best interest of the DRBA to make enemies of those whose businesses are not located within their boundaries. Recognizing the parking on Citrus Avenue and Ninth Street is outside the purview of the DRBA, and while DRBA members can offer their opinion to the City Council, Mr. Caudle felt the DRBA was an entity that had no business being involved in this matter. Councilmember George then moved to elicit a temporary compromise and adopt Resolution No. 5549, a resolution of the City Council of the City of Redlands establishing parking regulations on the south side of Citrus Avenue between Olive Avenue and the no parking zone west of Redlands Boulevard as follows: the five (5) westerly spaces directly across from Hogi Yogi, 501 East Citrus Avenue, to be two-hour parking and the remaining five (5) spaces to be unlimited parking; said resolution to remain in effect for one year at which time the City Council will revisit the issue. Motion seconded by Councilmember Banda and carried by AYE votes of all present.

NEW BUSINESS

Ordinance No. 2382 - Solid Waste Regulations - Municipal Utilities Director Phelps informed Councilmembers that the solid waste utility operates under several chapters in the Redlands Municipal Code. This portion of the Code was last comprehensively updated prior to the recodification of the old Redlands Ordinance Code in 1986. Many regulatory and operational changes have since been implemented which need to be addressed and carried. Ordinance No. 2382 has been drafted to address these needs and will establish Chapter 13.64, Integrated Solid Waste Management, in the Code. The purpose of this Chapter, consistent with the Public Resources Code, Section 40100 et. seq., and other portions of State law, is to establish procedures for the regular collection, transfer, processing and disposal of solid waste from property in the City, to establish that all persons in the City shall participate in the City's solid waste collection program and be responsible for payment of solid waste charges established pursuant to the Chapter. The Chapter has also been designed to establish procedures to reduce, reuse, and recycle solid waste as the preferred solid waste management practice to extend the life of the City's landfill, and to address the concerns of compliance with State legislation, known as the California Integrated Waste Management Act (AB 939) which requires a 50 percent reduction of solid waste sent to landfills beginning in the year 2000. Mr. Phelps summarized and reviewed the changes proposed in detail. Solid Waste Manager Valorie Shatynski and Special Collections Coordinator Janet Miller were also present at this meeting to answer Councilmembers' questions. Following brief discussion, Ordinance No. 2382, an ordinance of the City of Redlands amending Chapter 13.64 and deleting Chapters 13.68, 13.72, 13.76, and 13.80 of the Redlands Municipal Code relating to the regulation of solid waste, was read by title only by City Clerk Poyzer, and on motion of Councilmember Gilbreath, seconded by Councilmember Banda, further reading of the ordinance text was unanimously waived, and Ordinance No. 2382 was introduced and laid over under the rules with adoption scheduled for September 1, 1998.

ADJOURNMENT

There being no further business, the City Council meeting adjourned at 7:50 P.M. The next regular meeting scheduled to be held on August 18, 1998, will not be held. The City Council will meet on September 1, 1998.

City Clerk

ACCOLADES

Canyon Fire - Councilmember George expressed a debt of gratitude to the firefighters and police personnel who did an outstanding job of fighting the brush fire in San Timoteo Canyon last week (Thursday, July 16, 1998). He also expressed appreciation for the foresight of Fire Chief Enslow and City Manager Luebbers to ensure mutual aid would be available.

CONSENT CALENDAR

Minutes - On motion of Councilmember Freedman, seconded by Councilmember Banda, the minutes of the regular meeting of July 7, 1998, and the special meeting of July 13, 1998, were unanimously approved as submitted.

Bills and Salaries - On motion of Councilmember Gilbreath, seconded by Councilmember George, bills and salaries were unanimously ordered paid.

Planning Commission Actions - On motion of Councilmember Gilbreath, seconded by Councilmember George, the report of the Planning Commission meeting held on July 14, 1998, was acknowledged as received.

Funds - Socio-Economic Model - On motion of Councilmember Cunningham, seconded by Councilmember Freedman, the City Council unanimously approved a General Fund appropriation in the amount of $35,000.00 for Taussig and Associates Consulting Services for the development of the Measure U socio-economic model.

Storm Drain Easement - On motion of Councilmember Gilbreath, seconded by Councilmember George, the City Council unanimously approved an easement in favor of the City of Loma Linda to construct a storm drain on City-owned property, which is a well site located south of San Timoteo Creek and east of Lawton Avenue.

Agreement - Fire Station No. 261 - Public Works Director Mutter presented a revised consultant services agreement between the City of Redlands and Armantrout Architects for the design of improvements to Fire Station No. 261 with a breakdown of the charges. Mayor Cunningham expressed concern we may spend too much on the architectural design and have nothing left for the rehabilitation work. Councilmember Gilbreath said a report from the Save Our Station Committee would be presented at the August 4, 1998, meeting, and moved to approve the modified consultant services agreement in the full amount of $48,600.00 with Armantrout Architects for the design of improvements to Fire Station No. 261 and to authorize the work contained in Schedule 1 and Schedule 2 as funding is available. Motion seconded by Councilmember Freedman and carried unanimously.

Contract - Sheriff's Department - On motion of Councilmember Gilbreath, seconded by Councilmember George, the City Council unanimously approved a contract amendment between the City of Redlands and the San Bernardino County Sheriff's Department for access to the California Law Enforcement Telecommunications System (CLETS) and authorized the Mayor and City Clerk to execute the documents.

Resolution No. 5545 - Truck Route System - Mayor Cunningham expressed concern about designating Nevada Street between Barton Road and Lugonia Avenue as a truck route and about State Route 38 utilizing Colton Avenue; he then moved to adopt Resolution No. 5545, a resolution of the City Council of the City of Redlands establishing the following traffic regulations pursuant to Title 10 of the Redlands Municipal Code: add the following streets to the Truck Route System as Secondary Routes: Lugonia Avenue between Mountain View Avenue and Alabama Street; San Bernardino Avenue between Mountain View Avenue and California Street; Park Avenue between the westerly City limit and Tennessee Street; Citrus Avenue between the westerly City limit and Tennessee Street; Orange Avenue between the westerly City limit and Alabama Street; Colton Avenue between Redlands Boulevard and Orange Street (SR 38); California Street between Redlands Boulevard and San Bernardino Avenue; Nevada Street between State Street and Lugonia Avenue; and Tennessee Street between Redlands Boulevard and San Bernardino Avenue. Motion seconded by Councilmember Freedman and carried unanimously.

Resolution No. 5544 - Traffic - On motion of Councilmember Gilbreath, seconded by Councilmember George, the City Council unanimously adopted Resolution No. 5544, a resolution of the City Council of the City of Redlands establishing the following traffic regulations pursuant to Title 10 of the Redlands Municipal Code: installation of stop signs on Myra Street at South Avenue and on Cajon Street at South Avenue.

Funds - Pottery Program - On motion of Councilmember Gilbreath, seconded by Councilmember George, the City Council unanimously approved an additional appropriation in the amount of $2,000.00 for the Recreation Bureau's pottery program. These funds were received from a grant approved by the Cultural Arts Commission.

Agreement - Greenspot Scout House - Following brief discussion, on motion of Councilmember Cunningham, seconded by Councilmember Freedman, the City Council unanimously approved an amended lease agreement between the City of Redlands and the Friends of the Greenspot Scout House for use of the Greenspot Scout House and authorized the Mayor and City Clerk to execute the document.

Disaster Preparedness Videos - On motion of Councilmember Gilbreath, seconded by Councilmember George, the City Council unanimously approved the request from TCI Cablevision of California, Inc. to extend the time to complete the disaster preparedness videos from August 17, 1998, to October 31, 1998.

Subdivision Improvement Agreement - Osborne Development - Following brief discussion, on motion of Councilmember Cunningham, seconded by Councilmember Banda, the City Council unanimously granted an extension of an additional 12 months, to July 1, 1999, of the subdivision improvement agreement for Tract No. 15040 (Osborne Development). Tract No. 15040 is currently under construction and work on the construction of public improvements is proceeding at a steady pace reported Community Development Director Shaw.

COMMUNICATIONS

Legislative Bulletin - Councilmembers concurred to inform our State legislators that we wanted to keep a Mira repeal out of any final school bond package; oppose AB 2065 - Home Based Businesses; oppose SB 2215 - Public Safety Officers Procedural Bill of Rights - Police Chiefs; oppose SB 1340 - Solid Waste - Indemnification; oppose AB 473 - Vehicle License Fees/Gas Tax County Share; and continue to keep up our efforts regarding the vehicle license fee reduction.

Annexation No. 76 - City Manager Luebbers reported on the Local Agency Formation Commission (LAFCO) meeting held on July 15, 1998 regarding Annexation No. 76. Property owners within the "doughnut hole" expressed concerns they might lose their rights under the CSA 110 plan and urged the City Council to consider pre-annexation agreements. They also did not like being including in a global annexation which could be controlled by property owners in the Mentone area. Staff is working with the property owners in the Mentone area relating to non-conforming zoning. City Manager Luebbers presented the results of a survey of other Southern California cities for floor area ratios. LAFCO continued Annexation No. 76 until October 21, 1998. Mayor Cunningham reviewed his position regarding this annexation and shared a proposal with other members of the City Council which would guarantee certain matters for two years (this document was not made available to the City Clerk). He indicated he did not have a problem entering into a pre-annexation agreement and that Measure U's socio-economic report should be completed prior to October 21, 1998. Councilmember Cunningham moved to direct staff to disseminate this information to property owners for their comments. Motion seconded by Councilmember Freedman and carried unanimously.

Citrus Plaza - Councilmember Freedman reviewed his synopsis of the chronological processing for the Citrus Plaza project and what he referred to as the "battle lines drawn with our City." He was upset with the deplorable actions by Majestic Realty Company and moved to schedule a workshop session for the September 1, 1998, City Council meeting. His motion was seconded by Councilmember Banda and carried unanimously. Councilmember Gilbreath felt a workshop session might clear up misinformation on both sides.

Federal Summer Jobs Program - The United States Conference of Mayors has notified us that the Federal Summer Jobs Program is facing elimination for the summer of 1999. Councilmember Freedman will follow up on this matter.

909 Area Code Study - The Telecommunications Act of 1996 directed the Federal Communications Commission (FCC) to designate an impartial numbering administrator to make telecommunications numbering available on an equitable basis. The 909 area code in California is projected to exhaust during the fourth quarter of 1999. On August 4, 1998, a meeting will be held in Norco to receive input from a broad range of local jurisdiction representatives. Councilmember Freedman requested staff to obtain copies of the maps referred to in the letter from Lockheed Martin IMS. No one will be able to attend the meeting as a City Council meeting will be held on the same day.

Downtown Trolley - Councilmember George urged the City Council to study the possibility of operating a trolley in town. He felt other entities (such as the University of Redlands, ESRI, Downtown Redlands Business Association) might be willing to join in a public/private partnership. Mayor Cunningham thought funds might be available from the Air Quality Management District. Councilmember George moved to direct staff to look into funding sources for the purchase of an electric or low emissions level natural gas trolley to operate in town and to report back to the City Council their findings along with research on the cost of options. Motion seconded by Councilmember Banda and carried unanimously.

UNFINISHED BUSINESS

Agreement - Redlands Community Music Association - A draft lease agreement between the City of Redlands and the Redlands Community Music Association for property located at 168 South Eureka Street was presented for the City Council's consideration. Mayor Cunningham reviewed the items in the proposed lease and moved to approve the lease agreement between the City of Redlands and the Redlands Community Music Association and authorized the Mayor and City Clerk to execute the document on behalf of the City. Motion seconded by Councilmember Freedman and carried unanimously.

CLOSED SESSION

The City Council meeting recessed at 4:00 P.M. to a Redevelopment Agency meeting and reconvened at 4:01 P.M. to a closed session to discuss the following:

1. Conference with legal counsel: Existing litigation - Government Code § 54956.9(a)
   - Michael St. James v. City of Redlands
   - City of Redlands v. County of San Bernardino and Majestic Realty Company - Case Nos. SVC 34737, SVC 33330, and SVC 39880
   
2. Conference with legal counsel: Anticipated litigation - Government Code § 54956.9(c)
   - Two (2) cases
   (an additional case of anticipated litigation, having arose subsequent to the agenda being posted, was added by unanimous vote to the agenda on motion of Councilmember Banda, seconded by Councilmember George.)

The meeting reconvened at 7:00 P.M.

PUBLIC HEARINGS

Wastewater Collection System - Public hearing was advertised for this time and place to consider the City of Redlands Wastewater Collection System Facilities Master Plan and Wastewater Collection System Facilities Capital Improvement Program (CIP) for fiscal year 1998/1999 to fiscal year 2002/2003. Municipal Utilities Director Phelps reported the Wastewater Collection System Facilities Master Plan and Wastewater Collection System Facilities Capital Improvement Program has been prepared by City staff and master plan engineers (Camp Dresser & McKee, Inc.) with a major contribution from ESRI. The purpose of the Master Plan was to evaluate the existing system under future conditions to ascertain what facilities would be needed to accommodate future conditions, based on the development of a geographic information system database, including the General Plan, as a basis for master planning facilities to meet future demand. The main purpose of the Capital Improvement Program is to program capital projects for construction of facilities required to replace existing facilities and to provide expanded facilities for new uses. John Price and Tim Rusk, Camp Dresser & McKee, Inc., made a presentation to the City Council regarding the process and the results of the master planning and capital improvement programming effort. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. None being forthcoming, the public hearing was declared closed. Councilmember Banda moved to approve the Environmental Review Committee's Negative Declaration for the City of Redlands Wastewater Collection System Facilities Master Plan and Capital Improvement Program for fiscal year 1998/1999 through fiscal year 2002/2003 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 Freedman and carried unanimously. Councilmember Banda moved to accept the Planning Commission's finding that the City of Redlands Wastewater Collection System Facilities Capital Improvement Program for fiscal year 1998/1999 through fiscal year 2002/2003 is consistent with the Redlands General Plan. Motion seconded by Councilmember Freedman and carried unanimously. Councilmember Banda moved to adopt the City of Redlands Wastewater Collection System Facilities Master Plan and Capital Improvement Program for fiscal year 1998/1999 through fiscal year 2002/2003. Motion seconded by Councilmember Freedman and carried unanimously.

Water System - Public hearing was advertised for this time and place to consider the City of Redlands Water System Facilities Master Plan and Water System Facilities Capital Improvement Program (CIP) for fiscal year 1998/1999 to fiscal year 2002/2003. Municipal Utilities Director Phelps reported the Water System Facilities Master Plan and Water Collection Capital Improvement Program has been prepared by City staff and master plan engineers (CH2M-Hill) with a major contribution from ESRI. The purpose of the Master Plan was to evaluate the existing system under future conditions to ascertain what facilities would be needed to accommodate future conditions, based on the development of a geographic information system database, including the General Plan, as a basis for master planning facilities to meet future demand. The main purpose of the Capital Improvement Program is to program capital projects for construction of facilities required to replace existing facilities and to provide expanded facilities for new uses. Mike Savage and Eva Platzer, CH2M-Hill, made a presentation to the City Council regarding the process and the results of the master planning and capital improvement programming effort. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. None being forthcoming, the public hearing was declared closed. Councilmember Banda moved to approve the Environmental Review Committee's Negative Declaration for the City of Redlands Water System Facilities Master Plan and Capital Improvement Program for fiscal year 1998/1999 through fiscal year 2002/2003 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 Freedman and carried unanimously. Councilmember Banda moved to accept the Planning Commission's finding that the City of Redlands Water System Facilities Capital Improvement Program for fiscal year 1998/1999 through fiscal year 2002/2003 is consistent with the Redlands General Plan. Motion seconded by Councilmember Freedman and carried unanimously. Councilmember Banda moved to adopt the City of Redlands Water System Facilities Master Plan and Capital Improvement Program for fiscal year 1998/1999 through fiscal year 2002/2003. Motion seconded by Councilmember Freedman and carried unanimously.

Resolution No. 5449 - Landscape Maintenance District No. 1 - Public hearing was continued from July 7, 1998, to this time and place to consider Resolution No. 5449, a resolution of the City Council of the City of Redlands ordering the maintenance of improvements in Landscape Maintenance District No. 1, giving final approval of the Engineer's Report, and confirming the assessment for the 1998-99 fiscal year. Section 22525 of the Streets and Highways Code of the State of California requires than an Engineer's report be prepared and filed annually outlining the assessment to be levied against benefiting properties. The process requires that two meetings be held by the City Council. One is a public meeting to review the report in concept and the other is a noticed public hearing. The preliminary report for the Landscape Maintenance Assessment District No. 1 was presented to the City Council on April 21, 1998. The City Council adopted Resolution No. 5447, granting preliminary approval to the Engineer's Report, and Resolution No. 5448, declaring its intention to levy and collect assessments for fiscal year 1998-1999, pursuant to the Lighting and Landscaping Act of 1972. On May 5, 1998, the City Council held a public meeting which gave the City Council an opportunity to review the Engineer's Report and receive questions and input from the public. Public Works Director Mutter responded to Mayor Cunningham's inquiry about the Wimbleton Heights area that his goal is to report to the City Council in September results of his study to change landscaping on Lot A to a citrus grove and any change in the assessment. Mayor Cunningham declared the meeting open as a public hearing for any further questions or comments. None being forthcoming, the public hearing was declared closed. Councilmember Banda moved to adopt Resolution No. 5449. Motion seconded by Councilmember George and carried unanimously.

Funds - Landscape Maintenance District Fund - Councilmember Banda moved to appropriate $17,012.00 from the General Fund to the Landscape Maintenance District Fund. Motion seconded by Councilmember George and carried unanimously.

Resolution No. 5464 - Landscape Maintenance District No. 2 - Public hearing was continued from July 7, 1998, to this time and place to consider Resolution No. 5464, a resolution of the City Council of the City of Redlands giving final approval of the Engineer's Report, ordering the work in connection with Landscape Maintenance District No. 2, and confirming the assessment for the 1998-99 fiscal year. The Landscape and Lighting Act of 1972 provides agencies with the ability to assess benefiting property owners for the cost of maintaining landscape improvements in parkways and landscape easement that are associated with new developments. On February 3, 1998, the City Council adopted a resolution ordering the preparation of the Engineer's report for the formation of Landscape Maintenance District No. 2. On April 21, 1998, the City Council adopted resolutions giving preliminary approval to the Engineer's Report, declaring its intention to order the formation of the District, and setting a time and place for a public hearing regarding formation of the District and assessments to be levied to the various properties in the District. Article XIIID of the California Constitution requires that notification be sent to each property owner when new or increased assessments are proposed and that ballots also be included with the notification. The notifications and ballots were sent to all property owners in the District. One ballot for each parcel was sent. Tabulation of the ballots is to be done at the time of the public hearing with the value of the ballots weighted according to the amount of assessment on each parcel. Mayor Cunningham declared the meeting open as a public hearing for any further questions or comments. None being forthcoming, the public hearing was declared closed. Public Works Director Mutter reported that the total value of the district assessment is $1,062.50. The value of positive votes received was $12.50. The value of negative votes received was $750.00. Because the value of the negative votes exceeds 50 percent of the total value of the district assessment, the District cannot be established and no further action was needed. Councilmember Freedman thought the NO votes received from Osborne Development was outrageous. Mayor Cunningham expressed his disappointment since Osborne Development had indicated their support of this assessment district at the time his project was approved.

Resolution No. 5468 - Street Lighting District No. 2 - Public hearing was continued from July 7, 1998, to this time and place to consider Resolution No. 5468, a resolution of the City Council of the City of Redlands giving final approval of the Engineer's Report, ordering the work in connection with Street Lighting Assessment District No. 2, and confirming the assessment for the 1998-99 fiscal year. The Landscape and Lighting Act of 1972 provides agencies with the ability to assess benefiting property owners for the cost of maintaining landscape improvements in parkways and landscape easement that are associated with new developments. On February 3, 1998, the City Council adopted a resolution ordering the preparation of the Engineer's report for the formation of Street Lighting District No. 2. On April 21, 1998, the City Council adopted resolutions giving preliminary approval to the Engineer's Report, declaring its intention to order the formation of the District, and setting a time and place for a public hearing regarding formation of the District and assessments to be levied to the various properties in the District. Article XIIID of the California Constitution requires that notification be sent to each property owner when new or increased assessments are proposed and that ballots also be included with the notification. The notifications and ballots were sent to all property owners in the District. One ballot for each parcel was sent. Tabulation of the ballots is to be done at the time of the public hearing with the value of the ballots weighted according to the amount of assessment on each parcel. Mayor Cunningham declared the meeting open as a public hearing for any further questions or comments. None being forthcoming, the public hearing was declared closed. Public Works Director Mutter reported the total value of the district assessment was $1,559.69. The value of positive votes received was $162.50. The value of negative votes received was $1,276.59. Because the value of the negative votes exceeds 50 percent of the total value of the district assessment, the District cannot be established and no further action was needed. Councilmember Freedman thought the NO votes received from Osborne Development was outrageous. Mayor Cunningham expressed his disappointment since Osborne Development had indicated their support of this assessment district at the time his project was approved.

NEW BUSINESS

AYSO Proposal - Soccer Fields - City Manager Luebbers reported the American Youth Soccer Organization (AYSO) is the largest youth sports organization in Redlands. Soccer registrations have increased annually and AYSO has now outgrown the Moore Middle school fields now used for the program. The fall program currently has 1,500 youth enrolled with ongoing registrations. AYSO board members began seeking alternatives to increase field availability last year including: land purchase/lease, grants, extending program days/hours, utilizing more school facilities, etc. It became apparent that the best alternative would be to develop new soccer fields in a single area. The sports complex site offered land pre-designated for park use as well as an area large enough to accommodate numerous soccer fields. Of the 102 acres designated for the sports complex, AYSO identified approximately 20 acres, located at the northwest corner adjacent to Sessums Drive, suitable for immediate development as soccer fields. AYSO anticipates an investment of $500,000.00 over the term of the proposed ten year lease to cover construction costs and ongoing maintenance. AYSO representatives met with City officials to determine the feasibility of a public/private partnership for field development. After receiving positive feedback, AYSO presented a proposal to the Recreation and Parks Commissions. Commissioners agreed there are many benefits associated with the proposal: the construction of soccer fields will increase park space, replace a dirt parcel with approximately 20 acres of grass, alleviate some of the field scheduling difficulties, and reduced wear on the fields. AYSO has prepared an outline representing proposed terms and conditions for the development and lease agreements. AYSO Board Members Mary Ambriz, Chuck Wilburn, and Larry Agre encouraged the City Council to vote in favor of this proposal. Councilmember George moved to approve the AYSO proposal to develop soccer fields on City land; directed staff to work with AYSO representatives to develop the appropriate development and lease agreements; and authorized the Mayor to provide a letter of support and to execute the necessary documents. Motion seconded by Councilmember Banda and carried unanimously.

Contract Award - Community Park Field Lighting - Re-advertised bids were opened and publicly declared on June 25, 1998, by the City Clerk for the design and construction of the Community Park Field No. 1 Lighting Project; a bid opening report is on file in the Office of the City Clerk. Public Works Director Mutter reported that the lowest responsive/responsible bidder was Rymax Electric, Inc., Upland, in the amount of $118,711.00. He noted we may be able to reduce the total cost after the design is completed. On behalf of Redlands Baseball for Youth, Chuck Millett and Dave Eason urged the City Council to award this bid and shared photographs of the recently constructed restrooms. On motion of Councilmember Freedman, seconded by Councilmember George, the City Council unanimously awarded this contract to Rymax Electric, Inc.

Funds - Community Park Field Lighting - Councilmember Freedman moved to appropriate additional funds in the amount of $35,000.00 for the Community Park Field No. 1 Lighting Project. Motion seconded by Councilmember George and carried unanimously.

Tree Trimming - Public Works Director Mutter reported the Parks Commission heard testimony on June 11, 1998, from Leon Armantrout and Eric Kasarjian regarding the trimming of redwoods trees on San Gorgonio Street. These individuals felt that City crews had trimmed the trees much more severely than necessary and that the trees would be damaged if such trimming continued. The City's trimming of all other trees was also questioned, again with the belief that trees were trimmed beyond their natural state with a possibility of permanent damage if current practices continue. The Parks Commission recommended the City Council immediately engage the services of an arborist to examine the issues of tree trimming, recommend an approach or solution to any problems accordingly, and develop a tree trimming procedural manual for both City and private tree crews to use as a guide in trimming trees. Staff indicated that the trees lining City streets are not necessarily in their "natural" environment. Trimming must be done in a manner to maintain the aesthetics of the trees while providing for the general safety and welfare of the public. Disposal trucks, school busses, RV's, and other large vehicles must be able to pass under trees without hitting the tree. A number of claims have been filed where damage has been caused to private vehicles from low-hanging branches. Street lights, traffic signals, and street signs, i.e. stop signs, must be kept clear of tree branches. Finally, the majority of the citizens of Redlands demand that trees be adequately trimmed as evidenced by the large number of calls received by the Public Works Departments for tree trimming services. With a small crew (six men and two trucks), it is impossible to provide only minimal trimming of the estimated 60,000 streets trees and then return the next year to trim the same tree again. The six Street Tree Division employees have given 147 years of service to the City of Redlands. The average of 24.5 years of service per employee ranks as the highest term of service for an entire division in the City. With this experience, the City has not witnessed any loss of street trees due to the City's trimming procedures. However, there are a significant number of problems associated with certain contract trimming crews and private property owners who trim street trees. One readily apparent problem is the clearing of overhead utility lines by private tree contractors. Councilmember Freedman commended staff for their efforts in light of the reduction of tree trimming crews and elimination of the City Forester position and reiterated that the problem in town is the contractors hired by Southern California Edison. Councilmember Cunningham moved to seek out the aid of ESRI for an inventory of our trees and to reconstitute the Street Tree Committee under the Parks Commission. Motion seconded by Councilmember Banda and carried unanimously.

Right-of-Entry - Flood Control District - Public Works Director Mutter explained the San Bernardino County Flood Control District has requested a right-of-entry on City-owned property in San Timoteo Canyon to perform biological surveys in connection with the proposed improvements of San Timoteo Creek from California Street upstream to easterly of San Timoteo road. The property (APN 175-011-53) is vacant land which was purchased as Open Space. Representatives from the Army Corps of Engineers and the U. S. Fish and Wildlife Service would enter the property to perform the necessary surveys. Councilmember George moved to grant a right-of-entry to the San Bernardino County Flood Control District to perform the necessary biological surveys. Motion seconded by Councilmember Banda and carried unanimously. Councilmembers asked that copies of the survey be made available to them when completed.

PUBLIC COMMENTS

Citrus Avenue Parking - Maria Villelli, Salon Museum, informed City Council that suspension of Resolution No. 5521, which established two-hour parking on the south side of Citrus Avenue between Olive Avenue and Redlands Boulevard (see City Council minutes dated July 7, 1998), has negatively impacted the Salon Museum and Hogi Yogi by allowing all day parking. Ms. Villelli asked the City Council to re-schedule consideration of this matter so that both sides can be heard. Councilmember George asked that this be scheduled on the agenda for the August 4, 1998, City Council meeting. Councilmembers concurred with this request.

ADJOURNMENT

There being no further business, the City Council meeting adjourned at 8:09 P.M. The next regular meeting will be held on August 4, 1998.

City Clerk

The meeting was opened with the pledge of allegiance led by Mayor Cunningham.

NEW BUSINESS

Donut Hole Annexation - Mayor Cunningham explained he called this special meeting to provide an opportunity for the City Council to communicate to the property owners in the donut hole its intentions and to clarify Majestic's allegations. The Majestic application (LAFCO No. 2837) and the City's Annexation No. 76 (LAFCO No. 2839) are scheduled for public hearing at LAFCO on July 15, 1998. Majestic's application is a proposal for the annexation of 162 acres to the City of Redlands; the application was initiated by the owners of the Citrus Plaza Mall site located within an island of unincorporated territory that is totally surrounded by the City of Redlands and commonly referred to as the "donut hole." Annexation No. 76 is the City's proposal and involves four separate annexation areas. This reorganization proposal includes the Citrus Plaza Mall site, the Redlands East Valley High School site (in the Mentone area), the Sunchase PUD (also in the Mentone area), property at Sixth and Wabash owned by John H. Danielson and Karin L. Godfrey, and property at San Bernardino and Mountain View owned by Thermo Ecotek. As reported by LAFCO, this application will eliminate two islands of unincorporated territory located in the northwestern portion of the Redlands' sphere of influence that are surrounded by existing City boundaries.

Majestic has indicated they will ask for a continuance on their application and will not proceed until they have a pre-annexation agreement with the City of Redlands. Mayor Cunningham prepared a position paper which was available at this meeting reflecting his opinions and intentions regarding Annexation No. 76, and indicated he wanted to explore landscaping and floor area ratios requirements. He expressed his displeasure with a communication being disseminated to property owners within the donut hole which he felt was full of false statements and was grossly unfair. The following people spoke at this meeting: Michelle Nelson, past president of the property owners, who warned the property owners to get promises in writing and to be cautious; Mark Stanson, representing people in the donut hole, asked the City Council to keep the CSA 110 standards and entitlements, not to down-zone their property to agriculture, and said they were looking for an understanding of the City's implementation of Measure U and the socio-economic study; Keith Cunningham, property owner, who said he wanted to be in the City but wanted to know the ground rules and urged the City Council to provide a level playing field; Denise Carrini, property owner, also wanted more information; James Barton, general partner of property purchased in 1989, stated that everyone needs to unite or nothing will take place and he supported the annexation; Tex Moore, co-author of Measure U, explained the legal issues of Measure N and clarified several points within Measure U as evidence of their concerns and proof the proponents of the initiative were not trying to down-zone property; Bob Pearce asked for an interpretation of Measure U as relates to residential versus commercial; Terence Emershy, property owner in San Timoteo Canyon, cautioned donut hole property owners to look very carefully at what happened to property owners in the last annexation (Annexation No. 72) as he felt new property regulations and standards were nothing like what was promoted at that LAFCO hearing; and Tim Chaikovsky, representing Majestic, confirmed that they will be asking for a continuance at LAFCO to allow additional time to clarify matters.

Councilmember George explained what the Socio-Economic Committee has accomplished and thanked the members for their dedicated service. Their report was completed last week and has been forwarded to the Planning Department for review by the Planning Commission and eventually the City Council. Councilmember Banda said it was not to the City's advantage to leave property as bare dirt. Councilmember Freedman told the property owners there would be lots of benefits to come into the City; he expressed concern that no one from Majestic was explaining their motivations at this meeting and he had a problem not hearing from them. Councilmember Gilbreath moved to ask LAFCO for an extension to October to allow time but her motion died for lack of a second.

ADJOURNMENT

There being no further business, the City Council meeting adjourned at 8:40 P.M. The next regular meeting will be held on July 21, 1998.

City Clerk

NOTE   Cable TV Broadcast - This City Council meeting was broadcast live on cable television (Channel 3). At the end of the meeting, Councilmember George thanked Stan McKinzie, TCI General Manager, and Jerry Hanson, City Council Cable TV liaison, for their efforts to make this happen. Special thanks were expressed to Rebecca Huston, TCI Production Manager, and the citizen volunteers Rod Labori and Bob Ettleman, who produced today's broadcast. And appreciation was also expressed for the City's Electrical Division employees for their expertise.

The meeting was opened with an invocation by Councilmember Freedman followed by the pledge of allegiance.

ACCOLADES

4th of July Celebration - Mayor Cunningham announced the City has just celebrated as fine a 4th of July as anyone could want and expressed genuine pride in those volunteers, under the leadership of Bill McCalmon, Redlands 4th of July Committee, who put on the all-day event.

CONSENT CALENDAR

Minutes - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the minutes of the regular meeting of June 16, 1998, were unanimously approved as submitted.

Bills and Salaries - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, bills and salaries were ordered paid.

Planning Commission Actions - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the report of the Planning Commission meeting held on June 23, 1998, was acknowledged as received.

MOU - University of Redlands - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously authorized the Mayor and Chief of Police to sign a memorandum of understanding between the City of Redlands and the University of Redlands for security personnel pursuant to Penal Code Section 830.7.

MOU - Loma Linda University - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council nanimously authorized the mayor and Chief of Police to sign a memorandum of understanding between the City of Redlands and Loma Linda University for security personnel pursuant to Penal Code Section 830.7.

Resolution No. 5534 - Measure O Bonds - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5534, a resolution of the City Council of the City of Redlands, California, levying a tax rate for fiscal year 1998-99 to service the annual principal, interest, and other charges relating to the Measure O 1994 General Obligation Refunding Bonds.

Resolution No. 5535 - Paramedic Tax - It was noted in the staff report that the General Fund is presently supplementing the paramedic program approximately $340,000.00 annually, and it was recommended that in lieu of increasing the General Fund expenditures, the City Council evaluate the need for an increase in the paramedic assessment tax. Councilmember Gilbreath confirmed that an increase in the tax would require a vote of the people. Councilmember Freedman asked the City Manager to report back on August 4, 1998, the amount and mechanism needed to place this issue on the ballot. Councilmember Gilbreath urged caution as she did not want to risk what we have in place. Councilmember Gilbreath moved to adopt Resolution No. 5535, a resolution of the City Council of the City of Redlands setting the special tax for emergency paramedic service in accordance with Ordinance No. 1900. Motion seconded by Councilmember Freedman and carried unanimously.

Resolution No. 5537 - Booking Fees - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5537, supporting Sheriff Gary Penrod's request to the San Bernardino County Board of Supervisors to the repeal of booking fees in San Bernardino County.

Resolution No. 5538 - Salary - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5538, a resolution of the City Council of the City of Redlands amending Resolution No. 5531 by increasing the number of authorized positions to add a Special Programs Coordinator in the Recreation Bureau of the Police Department. The expenses associated with the position were included with the Police Department budget submittals and funds were approved with the department budget.

Resolution No. 5539 - Weed Abatement Charges - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5539, a resolution of the City Council of the City of Redlands providing the for assessment of costs resulting from the abatement of weeds which constitute a fire hazard in accordance with Chapter 8.40 of the Redlands Municipal Code.

Resolution No. 5541 - Traffic - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5541, a resolution of the City Council of the City of Redlands establishing speed limits on University Street between Cypress Avenue and San Bernardino Avenue pursuant to Title 10 of the Redlands Municipal Code.

Resolution No. 5542 - Traffic - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5542, a resolution of the City Council of the City of Redlands establishing speed limits on Olive Avenue between Citrus Avenue and Terracina Boulevard pursuant to Title 10 of the Redlands Municipal Code.

Contract - State Mandated Cost Claim - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved a contract with David M. Griffiths & Associates, Ltd. to provide Comprehensive State Mandated Cost Claiming services to the City of Redlands for fiscal year 1998-99.

Contract Award - Ford Park Irrigation System - Bids were opened and publicly declared on June 24, 1998, by the City Clerk for the construction of the Ford Park Hydro-pneumatic Non-potable Irrigation System (Project No. 1-9976); a bid opening report is on file in the Office of the City Clerk. It was the recommendation of the Municipal Utilities Department that the responsible bidder submitting the bids for said project which will result in the lowest cost of the City was Schuler Engineering Corporation, Riverside, in the amount of $175,800.00 and it would be in the best interest of the City that this contract be awarded to said firm. On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, this recommendation was unanimously approved, and the Mayor and City Clerk authorized to execute a construction contract.

Lien Agreement Release - 328 South Eureka Street - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously authorized release of the Lien Agreement to Secure Construction of Public Improvements for 328 South Eureka Street and to cancel all requirements for street improvements specified in the lien agreement.

Contract - Redlands Community Music Association - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council approved a 60 day contract with the Redlands Community Music Association for the implementation of a children's summer workshop which will be held at the Community Center.

PLANNING AND COMMUNITY DEVELOPMENT

Tract No. 15532 - Jeffrey Homes - The request for final approval for Tract No. 15532, a 36 single family lot subdivision on 9.38 acres of land located on the northwest corner of Wabash and Brockton Avenues, as all conditions of approval have been met, was withdrawn from the agenda.

Minor Subdivision No. 230 - Talbert - Final Approval - Mr. Bob Pearce asked the request for final approval for Minor Subdivision No. 230, a subdivision of 3.92 acres into four single family lots on property located at 1355 Knoll Road, be removed from the agenda and that property owners within 300 feet be notified as is required by State law. City Attorney McHugh explained that final approval is an administerial act and that a hearing is not legally required at this time. Community Development Director Shaw reported a public hearing was noticed as required by law in 1994. Councilmember George moved to grant final approval for Minor Subdivision No. 230 as all conditions of approval have been met. Motion seconded by Councilmember Banda and carried with Councilmember Gilbreath voting NO.

Tentative Tract No. 14981 - Luebbe - Time Extension - On motion of Councilmember Banda, seconded by Councilmember Freedman, the City Council unanimously approved a one-year time extension for Tentative Tract No. 14981 extending its approval until June 11, 1999. This application is for the subdivision of approximately 5.3 acres of land into nine residential lots for property located at the northeast corner of Citrus Avenue and LaSalle Street.

COMMUNICATIONS

Legislative Bulletin - Mayor Cunningham reported a letter had been received from Assemblyman Granlund regarding the status of items the City has expressed concerns about and a letter from SCAG explaining their stand on the vehicle license fee. Councilmember Freedman thought we needed to keep a finger on the pulse of ACA 4 (property tax return, cap the growth); Councilmembers expressed concern that there was no provision to recapture funds. Councilmember Banda referred to a letter from the State Public Utilities Commission regarding the use of telephone poles.

Appointments - Recreation Advisory Commission - Mayor Cunningham moved to nominate Carl R. Clapp to a four-year term on the Recreation Advisory Commission. Motion seconded by Councilmember George and carried unanimously. Councilmember Freedman moved to reappoint Dorothy Katich and Robert E. Hahn to serve additional four-year terms on the Recreation Advisory Commission. Motion seconded by Councilmember Banda and carried.

Trails Committee - Mayor Cunningham announced the 12-Point Trails Plan has been reviewed by all pertinent commissions and that the City Council now needs to finalize the program. He indicated there may be some fiscal impact for preparation of the maps and overlays. Councilmember George moved to direct staff to implement the 12-Point Trails Plan as recommended by the Planning Commission and as brought forward by the Trails Committee. Motion seconded by Councilmember Banda and carried unanimously.

Bicycle Commuter Coalition - Under the Trails Committee discussion (see previous paragraph), Barbara Bray and Ken Pierce, Bicycle Commuter Coalition of the Inland Empire, asked the City Council for $11,223.37 to cover the shortfall of a grant approved by the South Coast Air Quality Management District. Their program, Redlands on Two Wheels, will provide incentives for Redlands' residents to buy bicycles and the installation of bike racks in various locations and bicycle lockers at ESRI and the University of Redlands. Their request was referred to the Public Works Director.

Cities Pavillion - This item was withdrawn from the agenda at the request of Councilmember Gilbreath.

Donut Hole Annexation - City Manager Luebbers announced that LAFCO will hold a hearing on Annexation No. 76 on July 15, 1998; the LAFCO Board is recommending approval of this annexation. The hearing for the Majestic annexation (Citrus Plaza) application is also scheduled for the same meeting. Councilmember Freedman expressed his hope that Majestic would continue with their application. Representing Majestic Realty Company, Attorney John Mirau informed Councilmembers they will be asking that their application be delayed as they are not in favor of annexation until a development agreement with the City of Redlands is approved. He also indicated other property owners in the "donut hole" area will not be in favor of the City's annexation without assurance there will not be any down-zoning or density ratio decrease. Mr. Mirau suggested the City Council withdraw Area C from Annexation No. 76. Mayor Cunningham assured Mr. Mirau that it is not the City's intent to annex this property as agricultural; that the City will honor the CSA 110. He further expressed his concerns about landscape standards and floor ratios; noted that tax revenue from this property could go towards the Alabama Street bridge; and suggested holding a meeting Monday, July 13, 1998, to meet with the property owners to discuss what is planed for that particular area. Mayor Cunningham then moved to re-confirm the 1989 adoption of the East Valley Corridor Specific Plan and land use designation as the zoning for the "donut hole" area and, in his prospective, to examine and insure that projects that go in there are more characteristic of Redlands than the two (Wal-Mart and Pharaoh's Lost Kingdom) we have at the present time. The motion was seconded by Councilmember Banda and no opposition was heard. Councilmembers asked that a presentation of the Citrus Plaza proposal be scheduled on the July 21, 1998, City Council agenda. Councilmember Gilbreath expressed concern with the possibility a hostile take-over annexation.

JOINT MEETING - CITY COUNCIL AND REDEVELOPMENT AGENCY

Resolution No. 5540 - Great Neighborhoods Program - Councilmember Banda moved to adopt Resolution No. 5540, a resolution of the City Council of the City of Redlands authorizing the use of low- and moderate-income housing funds outside the Redlands project area. The motion was seconded by Councilmember Freedman and carried unanimously. (Also see Redevelopment Agency minutes dated July 7, 1998.)

CLOSED SESSION

The City Council meeting recessed at 3:41 P.M. to a Redevelopment Agency meeting and reconvened at 3:42 P.M. to a closed session to discuss the following:

1. Conference with legal counsel: Existing litigation - Government Code § 54956.9(a)
   - Holden v. City of Redlands
   - City of Redlands v. County of San Bernardino and Majestic Realty Company - Case Nos. SCV 34737, 33330, 39880, and 38504
   - Biggs v. Foster and Larson
   (City Attorney McHugh announced he had a conflict of interest on this matter and would not participate in its discussion.)
   
2. Liability Claims
   Claimant: Gregory Flores
   Agency: City of Redlands
   
3. Conference with legal counsel: Anticipated litigation -
   Government Code § 54956.9(b) - One case
   
4. Conference with legal counsel: Anticipated litigation -
   Government Code § 54956.9(c) - One case

The meeting reconvened at 7:00 P.M.

PUBLIC HEARINGS

Resolution No. 5449 - Landscape Maintenance District No. 1 - Public hearing was advertised for this time and place to consider Resolution No. 5449, a resolution of the City Council of the City of Redlands ordering the maintenance of improvements in Landscape Maintenance District No. 1, giving final approval of the Engineer's Report, and confirming the assessment for the 1998-99 fiscal year. Section 22525 of the Streets and Highways Code of the State of California requires than an Engineer's report be prepared and filed annually outlining the assessment to be levied against benefiting properties. The process requires that two meetings be held by the City Council. One is a public meeting to review the report in concept and the other is a noticed public hearing. The preliminary report for the Landscape Maintenance Assessment District No. 1 was presented to the City Council on April 21, 1998. The City Council adopted Resolution No. 5447, granting preliminary approval to the Engineer's Report, and Resolution No. 5448, declaring its intention to levy and collect assessments for fiscal year 1998-1999, pursuant to the Lighting and Landscaping Act of 1972. On May 5, 1998, the City Council held a public meeting which gave the City Council an opportunity to review the Engineer's Report and receive questions and input from the public. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. None being forthcoming, the public hearing was declared closed and continued to July 21, 1998, at the request of the City Manager.

Resolution No. 5453 - Street Lighting District No. 1 - Public hearing was advertised for this time and place to consider Resolution No. 5453, a resolution of the City Council of the City of Redlands ordering he maintenance of improvements in Street Lighting District No. 1, giving final approval of the Engineer's Report, and confirming the assessment for the 1998-99 fiscal year. Section 22525 of the Streets and Highways Code of the State of California requires than an Engineer's report be prepared and filed annually outlining the assessment to be levied against benefiting properties. The process requires that two meetings be held by the City Council. One is a public meeting to review the report in concept and the other is a noticed public hearing. The preliminary report for the Street Lighting Assessment District No. 1 was presented to the City Council on April 21, 1998. The City Council adopted Resolution No. 5451, granting preliminary approval to the Engineer's Report, and Resolution No. 5452, declaring its intention to levy and collect assessments for fiscal year 1998-1999, pursuant to the Lighting and Landscaping Act of 1972. On May 5, 1998, the City Council held a public meeting which gave the City Council an opportunity to review the Engineer's Report and receive questions and input from the public. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. None being forthcoming, the public hearing was declared closed and continued to July 21, 1998, at the request of the City Manager.

Resolution No. 5464 - Landscape Maintenance District No. 2 - Public hearing was advertised for this time and place to consider Resolution No. 5464, a resolution of the City Council of the City of Redlands giving final approval of the Engineer's Report, ordering the work in connection with Landscape Maintenance District No. 2, and confirming the assessment for the 1998-99 fiscal year. The Landscape and Lighting Act of 1972 provides agencies with the ability to assess benefiting property owners for the cost of maintaining landscape improvements in parkways and landscape easement that are associated with new developments. On February 3, 1998, the City Council adopted a resolution ordering the preparation of the Engineer's report for the formation of Landscape Maintenance District No. 2. On April 21, 1998, the City Council adopted resolutions giving preliminary approval to the Engineer's Report, declaring its intention to order the formation of the District, and setting a time and place for a public hearing regarding formation of the District and assessments to be levied to the various properties in the District. Article XIIID of the California Constitution requires that notification be sent to each property owner when new or increased assessments are proposed and that ballots also be included with the notification. The notifications and ballots were sent to all property owners in the District. One ballot for each parcel was sent. Tabulation of the ballots is to be done at the time of the public hearing with the value of the ballots weighted according to the amount of assessment on each parcel. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. None being forthcoming, the public hearing was declared closed and continued to July 21, 1998, at the request of the City Manager.

Resolution No. 5468 - Street Lighting District No. 2 - Public hearing was advertised for this time and place to consider Resolution No. 5468, a resolution of the City Council of the City of Redlands giving final approval of the Engineer's Report, ordering the work in connection with Street Lighting Assessment District No. 2, and confirming the assessment for the 1998-99 fiscal year. The Landscape and Lighting Act of 1972 provides agencies with the ability to assess benefiting property owners for the cost of maintaining landscape improvements in parkways and landscape easement that are associated with new developments. On February 3, 1998, the City Council adopted a resolution ordering the preparation of the Engineer's report for the formation of Street Lighting District No. 2. On April 21, 1998, the City Council adopted resolutions giving preliminary approval to the Engineer's Report, declaring its intention to order the formation of the District, and setting a time and place for a public hearing regarding formation of the District and assessments to be levied to the various properties in the District. Article XIIID of the California Constitution requires that notification be sent to each property owner when new or increased assessments are proposed and that ballots also be included with the notification. The notifications and ballots were sent to all property owners in the District. One ballot for each parcel was sent. Tabulation of the ballots is to be done at the time of the public hearing with the value of the ballots weighted according to the amount of assessment on each parcel. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. None being forthcoming, the public hearing was declared closed and continued to July 21, 1998, at the request of the City Manager.

UNFINISHED BUSINESS

Resolution No. 5528 - Traffic - Resolution No. 5528, a resolution of the City Council of the City of Redlands establishing speed limits on Dearborn Street between Fifth Avenue and Lugonia Avenue pursuant to Title 10 of the Redlands Municipal Code, was continued from the last City Council meeting to this time and place. Citing a possible conflict of interest, Councilmember Banda left the City Council Chambers. Anette Nunn presented copies of a petition (copy not provided for the City Clerk) purported to contain 80 signatures of neighbors and parents of students at Moore Middle School and parents of AYSO participants asking the City Council to post a more reasonable speed limit on Dearborn Street between Fifth Avenue and Colton Avenue for the safety of their students. David Regalado, neighbor and principal at Moore Middle School, also urged a lower speed limit. Assistant Public Works Director Laaninen explained that in order for the Police Department to use radar to enforce speed limits, an engineering, traffic and speed survey must be conducted and speed limits set in accordance with State law. Police Chief Bueermann noted that if a lower speed limit is established by the City Council, his Traffic Division will not be able to issue citations, but that they would initiate an educational program in the area. Councilmember Cunningham moved to change the recommended speed limit on Dearborn Street between Fifth Avenue and Colton Avenue to 30 miles per hour. Motion seconded by Councilmember Gilbreath and carried with Councilmember Banda abstaining from the vote. Councilmember George moved to adopt Resolution No. 5528 setting the following speed limits on Dearborn Street: 30 miles per hour between Fifth Avenue and Colton Avenue, and maintain the school zone as currently posted for the Moore Middle School. Motion seconded by Councilmember Freedman and carried with Councilmember Banda abstaining from the vote.

Resolution No. 5521 - Traffic - Assistant Public Works Director Laaninen reported that on April 23, 1998, the Traffic and Parking Commission re-considered a request to change the parking on the south side of Citrus Avenue between Olive Avenue and Redlands Boulevard from all day parking to two-hour parking which was subsequently approved by the City Council on May 19, 1998. At the request of several downtown business owners, the matter was re-considered by the Traffic and Parking Commission on June 25, 1998, at the request of the City Council. After hearing significant testimony from both sidesof the issue, the Commission voted to recommend to the City Council denial of the request to suspend the two-hour parking limitation. The vote was 5-1 with two abstentions. Councilmember Banda felt this seemed to be a reasonable request and suggested suspending the parking limitation on Citrus Avenue until the downtown parking situation was resolved. Councilmember George indicated he had a problem with people on State Street telling people on Citrus Avenue what to do about parking on Citrus Avenue. Dolores Mercer again addressed Council asking them to suspend Resolution No. 5521 and reviewed the activities of the Downtown Redlands Business Association's new parking committee. Councilmember Banda moved to adopt Resolution No. 5543, a resolution of the City Council of the City of Redlands suspending, for a period of one year, the enforceability of Resolution No. 5521 relating to parking on the south side of Citrus Avenue between Olive Avenue and Redlands Boulevard. Motion seconded by Councilmember Gilbreath and carried with Councilmember George voting NO.

PUBLIC COMMENTS

Cable TV Broadcast - This City Council meeting was broadcast live on cable television (Channel 3). At the end of the meeting, Councilmember George thanked Stan McKinzie, TCI General Manager, and Jerry Hanson, City Council Cable TV liaison, for their efforts to make this happen. Special thanks were expressed to Rebecca Huston, TCI Production Manager, and the citizen volunteers Rod Labori and Bob Ettleman, who produced today's broadcast. And appreciation was also expressed for the City's Electrical Division employees for their expertise.

ADJOURNMENT

There being no further business, the City Council meeting adjourned at 7:40 P.M. The next regular meeting will be held on July 21, 1998.

City Clerk

The meeting was opened with an invocation by Mayor Pro Tem Banda followed by the pledge of allegiance.

PRESENTATIONS

CVP 365 Club - Mayor Cunningham, Police Chief Bueermann, and Civilian Volunteer Patrolman James Stellar presented "365 Club" membership certificates to 34 members. Police Chief Bueermann thanked Mr. Stellar for his loyal guardianship of the CVPs. Mayor Cunningham thanked the Civilian Volunteers for their wonderful service.

CONSENT CALENDAR

Minutes - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, and so ordered by the Mayor, the minutes of the regular meeting of June 2, 1998, were approved as submitted.

Bills and Salaries - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, and so ordered by the Mayor, bills and salaries were ordered paid.

Planning Commission Actions - Mayor Cunningham directed staff to bring the General Plan into conformity with Measure U in the next amendment cycle; he then moved to acknowledge receipt of the report of the Planing Commission meeting held on June 9, 1998. Motion seconded by George and carried unanimously.

Resolution No. 5528 - Traffic - Councilmember Gilbreath moved to re-schedule Resolution No. 5528 establishing speed limits on Dearborn Street between Fifth Avenue and Lugonia Avenue to the meeting of July 7, 1998, at 7:00 P.M. The motion was seconded by Councilmember Cunningham and there was no opposition to its approval.

Resolution No. 5529 - Traffic - On motion of Councilmember Freedman, seconded by Councilmember Gilbreath, the City Council adopted Resolution No. 5529, a resolution of the City Council of the City of Redlands establishing the following traffic regulations pursuant to Title 10 of the Redlands Municipal Code: establish speed limits on San Timoteo Canyon Road between Barton Road and Fern Avenue, with Mayor Cunningham abstaining.

Resolution No. 5530 - Traffic - Following brief discussion, Councilmember George moved to adopt Resolution No. 5530, a resolution of the City Council of the City of Redlands establishing the following traffic regulations pursuant to Title 10 of the Redlands Municipal Code: provide for no parking between the hours of 8:00 A.M. and 4:00 P.M. on the south side of Clifton Court. Motion seconded by Councilmember Banda and carried unanimously.

Resolution No. 5531 - Salary - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, and so ordered by the Mayor, the City Council adopted Resolution No. 5531, a resolution of the City of Redlands rescinding Resolutions Nos. 5414, 5458, 5476, and 5477 and establishing a salary schedule and compensation plan for City employees. This resolution incorporates the personnel changes which were discussed and approved during the budget process and also reflects changes to salary ranges for cost of living adjustments previous approved in employment agreements with all bargaining units. In addition, the following recommended changes were incorporated: upgrade Police Information Systems Technician; conversion of three part-time Police Maintenance Laborers to one full-time position; converting all Police Public Safety Dispatchers to Community Service Officers; change Legal Assistant position to Deputy City Attorney and reassign position to the Mid-Management unit of representation; change the title of the Fire Division Chief to Deputy Fire Chief; and downgrade the Senior Storekeeper/Buyer Technician to Senior Storekeeper.

Fee Waiver - Library Tower - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, and so ordered by the Mayor, the City Council waived all processing and development impact fees for the proposed replacement of the library tower as requested by the A. K. Smiley Public Library Board of Trustees who has raised the money this project through private donations.

Appointments - Board of Appeals - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, and so ordered by the Mayor, the City Council reappointed Roger E. Cejalvo, Robert Knudsen, Richard Burkhart, and Lawrence Cole to additional four-year terms on the Board of Appeals.

Appointment - Trails Committee - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, and so ordered by the Mayor, the City Council appointed Sue Anda to the Trails Committee.

Gazebo - Prospect Park - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, and so ordered by the Mayor, the City Council approved the request of the Redlands Theatre Festival to construct a gazebo in Prospect Park at the Avice Meeker Sewall Theater to be used as a ticket booth.

Agreement - Wastewater Treatment Plant - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, and so ordered by the Mayor, the City Council approved an agreement with Carollo Engineers to provide engineering services for evaluation of nitrogen removal capability at the Wastewater Treatment Plant and to authorize the Mayor and City Clerk to sign the document on behalf of the City.

PLANNING AND COMMUNITY DEVELOPMENT

RDA 98-II-1 - Jeffrey Homes - Community Development Director Shaw presented a summary sheet listing the recommended points to be awarded in each of the 18 categories examined for Residential Development Allocation No. 98 II-1 (Tentative Tract No. 15532, a 36 single family proposed tract located on the northwest corner of Brockton and Wabash Avenues). These points were recommended by the Planning Commission, Historic and Preservation Commission, City staff, and the Redlands Unified School District. The applicant exceeded the minimum number of points needed to be given a building permit in accordance with the Redlands Municipal Code. Councilmember Freedman moved that the City Council accept the recommendations for points to be awarded to this project and to approve Residential Development Allocation No. 98-II-1. Motion seconded by Councilmember Banda and carried unanimously.

COMMUNICATIONS

Legislative Bulletin - City Manager Luebbers updated Councilmembers on the status of the DMV fees. Mayor Cunningham noted that AB 2586 (Ortiz) - Emergency Medical Services: Fire Districts, failed to pass.

Fire Station No. 261 - Public Works Director Mutter presented cost estimates for the installation of a new roof on Fire Station No. 261 and reported on the results of a health inspection of the building. Rehabilitation costs and schedules were discussed at length again. Councilmember George thought the City Council should seriously consider building a new structure as he felt new building costs were more predictable. City Manager Luebbers reviewed past studies done regarding construction of new fire stations. On motion of Councilmember Freedman, seconded by Councilmember Banda, the City Council agreed to direct staff to proceed with negotiating a consultant's contract to prepare plans for the rehabilitation of Fire Station No. 261.

Revenue Maximization Services - Mayor Cunningham moved to direct staff to pursue the master service agreement for revenue maximization services with the State of California, Department of General Services, Procurement Division. The motion was seconded by Councilmember George and was so ordered by the Mayor. This service agreement was designed by the State to provide no risk, low cost service where specialized firms will seek out and do all the work necessary to bring in new sources of revenue.

Appointment - League of California Cities' Task Force - At the general membership meeting of the Inland Empire Division of the League of California Cities held on May 21, 1998, the membership voted unanimously to create a task force to consider the benefits of the Inland Empire Division having a greater voice in . regional issues. The options to be considered are: looking for more support from the League's Southern California office located in Los Angeles; hiring a lobbyist; creating an organization similar to Orange County and becoming a working action-oriented advocacy body on regional and legislative concerns; and/or remaining an educational/informational bi-monthly meeting group. With the understanding there would be no funding commitment on the City of Redlands' behalf, Councilmember Banda was appointed to be part of this task force.

Alcohol Beverage License - Mr. and Mrs. Stephen E. Macon applied for a off-sale beer and wine license with the California Alcoholic Beverage Control for the Ford Street Unocal, 1075 Parkford Drive. Although ABC reported that five licenses are allowed in this area and there is only one existing license, but it is requiring a letter of pubic convenience and necessity from the City. As in the past, City Manager Luebbers refused to provide the letter and the Macons' are appealing this decision. Mr. Macon whoed a petition in his possesion with 88 signatures . in support of this beer and wine license and, he urged the City Council to authorize preparation of the letter. Following discussion, no action was taken by the City Council.

Public Housing Comprehensive Grant Program - Police Chief Bueermann explained that the Comprehensive Grant Program is a five year rolling-base program to modernize public housing. The program is funded by the Department of Housing and Urban Development (HUD) and requires the annual concurrence of the chief executive officer of each jurisdiction within which HUD monies will be expended. Preliminary costs show that $601,235.00 have been presumptively allocated to meet the modernization needs of public housing within Redlands' jurisdiction for the next five years. The Comprehensive Grant Program is administered by our local Housing Authority. The Housing Authority bears sole responsibility for the monitoring and expending of its funds. A requirement of the grant application is that the Housing Authority receive local support. The City is not responsible for any aspect of this program. Councilmember Banda moved to authorize the City Manager to sign the chief executive officer certification showing local support for the San Bernardino County Housing Authority's Comprehensive Grant Program. The motion was seconded by Councilmember Freedman and was so ordered the Mayor.

Social Security Reform - A letter was received from Omnitrans dated June 9, 1998, regarding the proposed inclusion of newly hired local government workers and their employers in the Social Security program, which will cause a loss of take-home income for the employee and an increase in expense for the municipality. Omnitrans wishes to build a database that may assist in the blockage of this process and has requested assistance. Councilmember George moved to support the blockage of this proposal. The motion was seconded by Councilmember Banda and was so ordered by the Mayor.

Pre-Annexation Agreement - Hampton Heights - City Manager Luebbers reported there was no resolution to the negotiations with Hampton Heights for a pre-annexation agreement at this point.

JOINT MEETING - CITY COUNCIL AND REDEVELOPMENT AGENCY

Resolution No. 5533 - Great Neighborhoods Program - Councilmember George moved to adopt Resolution No. 5533, a resolution of the City Council of the City of Redlands authorizing the use of low- and moderate-income housing funds outside the Redlands project area. The motion was seconded by Councilmember Banda and was so ordered by the Mayor. (Also see Redevelopment Agency minutes dated June 16, 1998.)

Contract - Auditing Services - Councilmember Gilbreath moved to approve an auditing services contract with Vavrinek, Trine & Day Co. for fiscal year 1997-98 and to authorize the Mayor to sign the agreement on behalf of the City. The motion was seconded by Councilmember George and was so ordered by the Mayor. (also see Redevelopment Agency minutes dated June 16, 1998.)

The City Council meeting recessed at 4:24 P.M. The meeting reconvened at 7:00 P.M.

PUBLIC HEARINGS

Resolution No. 5523 - Appropriations Limit - Public hearing was advertised for this time and place to consider Resolution No. 5523, a resolution of the City Council of the City of Redlands, California, establishing an appropriations limit for the fiscal year 1998-99 pursuant to Article XIIIB of the California Constitution. Finance Director Johnson reported that 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 established by Proposition 4 (approved by the voters in November, 1979) and Proposition 111 (adopted in June, 1990). This is attributed to annual increases to the limit based upon California Per Capita Income and population growth which are in excess of the increases in proceeds of taxes received each year. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. None being forthcoming, the public hearing was declared closed. Councilmember Gilbreath moved to adopt Resolution No. 5523; the motion was seconded by Councilmember Freedman and was so ordered by the Mayor.

Appeal - Tentative Tract No. 15832 - Public hearing was advertised for this time and place to continue consideration of an appeal to the Planning Commission decision made on April 14, 1998, approving a Negative Declaration and Tentative Tract No. 15832 to subdivide 4.76 acres into 11 residential lots in the R-S (Suburban Residential) District located on the southwest corner of Cypress Avenue and Sunnyside Avenue. An alternative design for nine residential lots was also advertised for consideration at this time. Community Development Director Shaw reported the City Council continued this appeal at its June 2, 1998, meeting and directed staff to prepare a report to address modifying the subdivision to the alternative nine lot design as requested by the applicant. Pursuant to this direction, staff analyzed the alternative design for: compliance with the development standards contained in Title 17 (Subdivision Ordinance) and Title 18 (Development Code) of the Redlands Municipal Code; possible revisions to the conditions of approval necessitated as a result of the different configuration; and consistency with the environmental assessment prepared for the 11 lot subdivision design.

Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. The appellant, Steven Becker, 1511 West Cypress Avenue, told Councilmembers that nine lots were preferable but grossly inappropriate for the neighborhood. He felt the process should begin anew with an application for a nine-lot subdivision and reminded Councilmembers of traffic and aesthetic concerns expressed at the June 2, 1998, meeting. There being no further comments, the public hearing was declared closed.

Councilmember George moved to approve the Environmental Review Committee's Negative Declaration for Tentative Tract No. 15832 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. The motion was seconded by Councilmember Banda and was so ordered by the Mayor. Councilmember George moved to approve Tentative Tract No. 15832 as proposed in the alternative nine lot design by the applicant and subject to the conditions of approval on file in the City Clek's Office and based upon the following findings:

1. That the density of the proposed subdivision map is consistent with the Very Low Density Residential designation of the General Plan;
2. That the design or improvement of the proposed subdivision map is consistent with Title 17 of the Redlands Municipal Code and the R-S (Suburban Residential) District;
3. That the site is physically suitable for the type of development;
4. That the site is physically suitable for the proposed density of development;
5. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
6. That the design of the subdivision or type of improvements is not likely to cause serious public health problems;
7. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision;
8. That pursuant to California Government Code Section 66474.6, the discharge of waste from the subdivision apparently will not result in violation of existing requirements prescribed by the Santa Ana Regional Water Quality Control Board pursuant to Division 7 of the California Water Code; and
9. That substantial evidence exists in the record that the proposed project will be consistent with all applicable elements of the Redlands General Plan.

UNFINISHED BUSINESS

Resolution No. 5532 - Annexation No. 76 - Tax Exchange - Finance Director Johnson explained that if the City of Redlands' reorganization and dissolution of County Service Area 110 (East Valley Corridor) is to proceed, State law requires that both the City Council of the City of Redlands and the Board of Supervisors of San Bernardino County adopt resolutions relating to the property tax transfer and forward the certified resolutions to the Local Agency Formation Commission. Resolution No. 5532 shows the detailed breakdown of the tax revenues to be transferred to the City of Redlands as negotiated between the County Administrative Office and the City of Redlands Finance Department. This action relates to the base property taxes (net of RDA increment) and therefore will not affect the Redevelopment Agency settlement agreement between the City and IVDA entered into in April, 1992, which outlines tax increment splits on this annexation. Councilmember Gilbreath moved to adopt Resolution No. 5532, a resolution of the City Council of the City of Redlands in connection with the determination of the amount of property tax revenues to be exchanged between and among the County of San Bernardino and the City of Redlands resulting from the jurisdictional change described by LAFCO No. 2839 (Annexation No. 76). The motion was seconded by Councilmember Freedman and was so ordered by the Mayor.

LATE BREAKING ITEM

Mayor Cunningham informed Councilmembers the Citrus and Parks Commissions overwhelmingly supported a proposal to plant Valencia orange trees in the area designated for the sports arena on San Bernardino Avenue. The window for planting new trees is fast closing, and he asked Councilmembers to consider adding this item to the agenda. Noting that the need to take action was immediate, Councilmember Banda moved to add this matter to the agenda. The motion was seconded by Councilmember Gilbreath and there was no opposition to its approval. Mayor Cunningham moved to approve this recommendation of the Citrus and Parks Commissions with the understanding the trees would be removed when the sports arena becomes a reality. Motion seconded by Councilmember Banda and there was no opposition to its approval.

PUBLIC COMMENTS

Tree Trimming - Mr. James F. Dickerson told Councilmembers he was required by the City to plant a palm tree on his property on Redlands Boulevard, east of Alabama Street, 20 years ago. On Monday, June 15, 1998, Southern California Edison contractors trimmed the top off, and if the tree lives now, it will be a miracle. Sharing photographs of the tree, Mr. Dickerson asked Councilmembers what could be done about the destruction of his tree. Public Works Director Mutter reported this is not a City tree as it is located on Mr. Dickerson's property and that he needs to contact Edison. Public Works Director Mutter further stated this has been an on-going problem with City and private trees for many years. Southern California Edison is mandated by law to keep high tension wires clear for six feet. He suggested we contact our State legislators for assistance. Mr. Dickerson also asked the City Council for assistance with a drainage problem in his area.

Resolution No. 5521 - Parking Regulations - A petition was received on June 15, 1998, from Dolores Mercer asking the City Council to suspend Resolution No. 5521 which established two-hour parking on the south side of Citrus Avenue between Olive Avenue and the existing no parking zone west of Redlands Boulevard. City Manager Luebbers explained that opposition to this resolution has been expressed and a letter was received via FAX late this afternoon supporting enforcement of the resolution. Staff is scheduling this matter on the next Traffic and Parking Commission agenda (June 25, 1998) for re-review and it will be returned to the City Council on July 7, 1998.

ADJOURNMENT

There being no further business, the City Council meeting adjourned at 7:39 P.M. The next regular meeting will be held on July 7, 1998.

City Clerk

The meeting was opened with an invocation by Mayor Cunningham followed by the pledge of allegiance.

CONSENT CALENDAR

Minutes - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, and so ordered by the Mayor, the minutes of the adjourned regular meeting of May 19, 1998, and the regular meeting of May 19, 1998, were approved as submitted.

Bills and Salaries - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, and so ordered by the Mayor, bills and salaries were ordered paid.

Planning Commission Actions - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, and so ordered by the Mayor, the report of the Planning Commission meeting held on May 26, 1998, was acknowledged as received.

Ordinance No. 2380 - Massage Regulations - Ordinance No. 2380 an ordinance of the City of Redlands amending Chapter 5.28 of the Redlands Municipal Code relating to massage establishments and rescinding Ordinance No. 2363, was adopted on motion of Councilmember Gilbreath, seconded by Councilmember Freedman, by the following vote:
AYES: Councilmembers Banda, Gilbreath, Freedman, George; Mayor Cunningham
NOES: None
ABSENT: None

Ordinance No. 2370 - Sign Code - Ordinance No. 2370, an ordinance of the City of Redlands amending Chapter 15.36 of the Redlands Municipal Code relating to signs, was adopted on motion of Councilmember Gilbreath, seconded by Councilmember Freedman, by the following vote:
AYES: Councilmembers Banda, Gilbreath, Freedman, George; Mayor Cunningham
NOES: None
ABSENT: None

Resolution No. 5524 - Railroad Trains - Citing a possible conflict of interest, Mayor Cunningham left the Council Chambers. Resolution No. 5524 directs staff to take all reasonable and necessary steps to ensure that the intent of the provisions of General Order No. 135 of the Public Utilities Commission of the State of California, which prohibits trains from blocking streets for more than 10 minutes, is enforced within the boundaries of the City of Redlands. It also will include wording of AB 2326, which is pending before the State Legislature, that additionally stipulates, as a three-year pilot project in Stanislaus County, that a fine of $1,000.00 will be levied for every violation of the provisions of the PUC regulations. On motion of Councilmember Banda, seconded by Councilmember George, and so ordered by the Mayor. the City Council adopted Resolution No. 5524, a resolution of the City Council of the City of Redlands concerning railroad train blockage of City streets, with Councilmember Cunningham abstaining.

Resolution No. 5525 - California Street Landfill - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, and so ordered by the Mayor, the City Council adopted Resolution No. 5525, a resolution of the City Council of the City of Redlands, California, establishing a budget set-aside for financial assurance to reclaim the borrow site for the California Street Landfill in the amount of $24,900.00 from the Solid Waste Fund.

Agreement - Measure U Socio-Economic Impact Model - Following brief discussion, on motion of Councilmember Gilbreath, seconded by Councilmember Freedman, and so ordered by the Mayor, the City Council approved an agreement for consulting services between the City of Redlands and David Taussig and Associates, Inc. in connection with the preparation of a socio-economic impact model in accordance with Measure U.

Appointment - Parks Commission - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, and so ordered by the Mayor, the City Council reappointed Marvin Duncan to a four-year term on the Parks Commission.

Wildland Fire Protection Amendment - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, and so ordered by the Mayor, the City Council approved an amendment to the agreement with the California Department of Forestry and Fire Protection for wildland fire protection which establishes a total cost for fiscal year 1998-99 of $38,385.00.

Rejection of Bids - Ford Park Wildfire Demonstration Garden - Bids were opened and publicly declared on May 21, 1998, by the City Clerk for construction of the ford Park Wildfire Demonstration Garden project; a bid opening report is on file in the Office of the City Clerk. Coons construction, Etiwanda, was the only responsive/responsible bid received. However, their bid, in the amount of $141,200.00, is considerable higher than the FEMA grant funds available for this project. It was the recommendation of the Public Works and Fire Departments that all bids be rejected and that staff readvertise the project, and that in-lieu contributions be sought for various phases of the work to assist in keeping the project cost within budget. On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, and so ordered by the Mayor, this recommendation was approved.

Funds - Joslyn Trust Fund - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, and so ordered by the Mayor, the City Council approved an allocation of $500.00 from the Joslyn Trust Fund for the purchase of a replacement computer hard drive for use in the Joslyn Senior Center.

Fee Waiver - Community Ballfield Restroom Rehabilitation - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, and so ordered by the Mayor, the City Council approved the request from the Redlands Baseball for Youth to waive Building and Safety Division permit fees for the rehabilitation of the restroom facility at the Community Ballfield.

Notification - County Waste System Division - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, and so ordered by the Mayor, the City Council acknowledged receipt of the notification, as required by Public Resources Code 50001, submitted by the County Waste System Division. This notification provides site identification and description of three landfills in order to facilitate expansion of the Landers, Mid-Valley (Rialto), and Victorville landfills, and allows for review and comment. Staff did not identify significant adverse impacts within the boundaries of the City of Redlands due to the proposed revisions to the Solid Waste Facility permits for these three landfills.

PLANNING AND COMMUNITY DEVELOPMENT

Tentative Tract No. 14762 - JLP Development - Time Extension - Community Development Director Shaw reported that Sections 66452.6 and 66463.5 of the State of California Subdivision Map Act provide that an applicant may submit up to three additional time extensions requests for one year each. The City Council granted these requests for Tentative Tract No. 14762, an application for the subdivision of 14.62 acres of land into 43 residential lots for property located west of University Street between Pennsylvania and San Bernardino Avenues in the R-E (Residential Estate) District, in 1992 and 1993. In addition, the State of California extended all active maps in the State for a total of three years during this time period. Given all of the City and State extensions, this left the applicant with an approval through September 18, 1997, subject to one additional extension. However, in July staff inadvertently sent the applicant incorrect information which told the applicant the tract map would expire in August, 1998. Since the applicant did not act to request an extension of the map because of a staff error, the applicant is now requesting that the one remaining eligible extension be made retroactively from September 18, 1997, to September 18, 1998, which would have been the original deadline or the last of the three extensions the City could grant. Responding to Councilmembers' concerns, City Attorney McHugh advised them that he did not believe they could grant retroactive approval as he was not aware of any law to revive a "dead tract." Councilmember Freedman moved to deny the request and deem the map expired as of September 18, 1997; motion seconded by Councilmember Gilbreath. Jeff Petrey, JLP Development, urged the City Council to approve their request indicating they would pursue legal routes if necessary. The motion was approved as so ordered by the Mayor.

RDA No. 92-I-1 - Tracts Nos. 12461 and 13575 - Citing a possible conflict of interest, Councilmember Gilbreath left the City Council Chambers. Community Development Director Shaw reported the applicant is proposing to transfer the ownership and modify the architectural elevations for 27 units in Tracts Nos. 12461 and 13575 which are located between San Bernardino and Pennsylvania Avenues, west of Judson Street (Dwight Yeoman, applicant). At its May 12, 1998, meeting, the Planning Commission examined the applicant's proposal, and in its opinion felt the applicant had significantly upgraded the architectural features. The Planning Commission was able to make the required finding that this project would not result in fewer points than the original project and forwarded that finding to the City Council. In addition, the Planning Commission recommended approval of the transfer of ownership. Councilmember George moved to approve the alteration of RDA No. 92-I-1 and find that it would not result in fewer points than the original project and to approve the transfer of ownership. Motion seconded by Councilmember Freedman and so ordered by the Mayor.

COMMUNICATIONS

Legislative Bulletin - Mayor Cunningham noted that AB 1614, Internet Sales, could be a real threat to local jurisdictions and stated that we must protect ourselves. Councilmember George asked staff to urge neighboring cities to support AB 2586, Emergency Medical Services.

Booking Fees - Mayor Cunningham reported that Sheriff Penrod has stated that it is counter-productive to collect booking fees and moved to direct staff to write the Board of Supervisors showing our opposition to booking fees and also to send a letter to Sheriff Penrod thanking him for his stance. The motion was seconded by Councilmember George and there was no opposition voiced.

Alcoholic Beverage Control License - Mr. and Mrs. Michael L. Reno are in the process of opening "The Wine Seller" to be located at 19 East Citrus Avenue, Suite 103. They have applied for a liquor license and have been informed by the Department of Alcoholic Beverage Control (ABC) that this area is considered over-saturated with licenses. They asked the City Manager to provide a "Public Convenience or Necessity Finding" letter to ABC. With this authorization, the license fee would be $134.00; if they have to purchase an existing license, the cost would be $3,000.00-$5,000.00. The City Manager denied their request, and Mr. and Mrs. Reno are now appealing his decision. The City Council did not take any action on this request at this time. At the end of the evening session, Mr. and Mrs. Reno addressed the City Council under "Public Comments" and urged Councilmembers to assist them by providing this letter. Councilmembers wished them success but would not support their request in regards to the liquor license.

Reservoir Road Citrus Grove Proposal - Mayor Cunningham reviewed actions taken by the Parks and Citrus Preservation Commissions regarding a proposal by the Redlands Host Lions Club to develop a citrus heritage park with the donation of seventy citrus trees to be planted on a parcel located on Reservoir Road between Wabash Avenue and Devonshire street. Public Works Director Mutter reported this area is currently a Landscape District, but that the residents in the area are not happy with the park as it is and have indicated in the past a willingness to give up the Landscape District if it were improved with the planting of trees. Mayor Cunningham moved to direct staff to poll the residents in this Landscape District and report back to the City Council. The motion was seconded by Councilmember Banda and there was no opposition voiced.

Neighborhood Initiative Program - City Manager Luebbers recommended that the City Council designate the neighborhood bounded by Colton Avenue, Lugonia Avenue, Orange Street, and Church Street for the National Neighborhood Initiative Program, and that an authorization letter be sent to the Board of Supervisors to apply for the improvement funds which are available. Complimenting staff for their efforts in low-income housing improvements, Councilmember George moved to approve this recommendation. The motion was seconded by Councilmember Banda and so ordered by the Mayor.

Fire Station No. 261 Rehabilitation - Public Works Director Mutter presented a prioritized listing of improvements for the Fire Station No. 261 rehabilitation project. He noted that the roof repairs were included in the seismic analysis and retrofit, and that he would prefer to accomplish this segment of the project first as it would necessitate tearing up the walls and roof only one time. Mayor Cunningham informed Councilmembers that he had received a letter from Dan Crow, President of the Redlands Professional Firefighters, expressing their concern about the health effects in the living area of the building. In light of this communication, Mayor Cunningham directed Public Works Director Mutter to request a review of the facility by the Health Department and return to the City Council in two weeks with that report as well as estimates for immediate roof repairs. Councilmember Gilbreath presented an update on the fund raising efforts of the SOS Committee. The SOS Committee has been adopted by the Redlands Conservancy thereby bringing the committee under the 501(c)(3) status. Thus far, SOS Committee has received $50,000.00-$60,000.00 in pledges and cash.

JOINT MEETING - CITY COUNCIL AND REDEVELOPMENT AGENCY

Resolution No. 5527 - Great Neighborhoods Program - Councilmember Banda moved to adopt Resolution No. 5527, a resolution of the City Council of the City of Redlands authorizing the use of low- and moderate-income housing funds outside the Redlands project area. Motion seconded by Councilmember Gilbreath and so ordered by the Mayor. (Also see Redevelopment Agency minutes dated June 2, 1998.)

CLOSED SESSION

The City Council meeting recessed at 3:49 P.M. to a Redevelopment Agency meeting and reconvened at 3:50 P.M. to a closed session to discuss the following:

1. Conference with legal counsel: Existing litigation - Government Code § 54956.9(c)
   • City of Redlands v. County of San Bernardino and Majestic Realty Company - Case Nos. SCV 34737, 33330, and 39880
   • Wenzel v. City of Redlands
   • Holden v. City of Redlands
2. Conference with real property negotiator
   • Property: Orange Street and Pearl Avenue APNs 169-201-29, 30, and 38
   • Negotiating parties: Gary M. Luebbers and Jay Golison
   • Under negotiation: Terms and price

The meeting reconvened at 7:00 P.M.

PUBLIC HEARING

Resolution No. 5516 - Parking and Business Improvement Area B - Public hearing was advertised for this time and place to consider Resolution No. 5516, a resolution of the City Council of the City of Redlands ordering the continued operation of Parking and Business Improvement Area B and confirming the annual report and assessments for fiscal year 1998-99. Police Chief Bueermann reported that the 1998-99 annual report, outlining assessments, district boundaries, proposed improvements and activities, and budgets, has been approved by the Advisory Board for the Parking and Business Improvement Area B and filed with the City Clerk in accordance with Section 36533 of the California Streets and Highways Code. Resolutions declaring the City Council's intent to levy assessments were approved on May 19, 1998. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. None being forthcoming, the public hearing was declared closed. Councilmember Banda move to adopt Resolution No. 5516. The motion was seconded by Councilmember Freedman and so ordered by the Mayor.

Appeal - Tentative Tract No. 15832 - Public hearing was advertised for this time and place to consider an appeal to the Planning Commission decision made on April 14, 1998, approving a Negative Declaration and Tentative Tract No. 15832 to subdivide 4.76 acres into 11 residential lots and one lettered lot in the R-S (Suburban Residential) District located on the southwest corner of Cypress Avenue and Sunnyside Avenue. Community Development Director Shaw reported that Steven Becker, a property owner adjacent to the southwest of the proposed site, filed an appeal to this decision citing the subdivision is too dense and has too many lots; the subdivision will create significant traffic safety problems; the subdivision is inconsistent with the character of the neighborhood; the subdivision may represent a water drainage problem; and the subdivision is inconsistent with the purposes and specific provisions of Measure U. These issues, as well as others, were considered by the Environmental Review Committee (ERC) during the environmental review process of the project and by the Planning Commission during a public hearing reported Community Development Director Shaw. After review by the ERC and Planning Commission, one of these issues were determined to potentially cause significant adverse impacts or to be of a significant level to warrant mitigation to a level of non-significance. Community Development Director Shaw responded to the issues raised by the appellant. He also explained that prior to the Planning Commission's approval of Tentative Tract No. 15832, the map incurred several revisions during the environmental process. The original submittal proposed a different configuration consisting of nine lots in which five lots fronted along Sunnyside Avenue and four lots long the west property line facing three adjacent parcels to the west and reliant upon a private easement for access from Cypress Avenue. This design created a number of concerns and was continued by the ERC for requested revisions. A second design was reviewed by the ERC which proposed ten lots in which all the lots fronted off a new cul-de-sac street from Sunnyside. Concerns were also expressed by the ERC over this design. The design of the subdivision that the Planning Commission approved and which is before the City Council at this time was the third revision of Tentative Tract No. 15832. Approval of this design was recommended as it is both consistent with the General Plan and zoning of the property and will be compatible with the adjacent surrounding properties.

Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. The appellant, Steven Becker, 1511 West Cypress Avenue, reviewed his concerns about the project in detail. Also speaking in support of the appeal were: Meryl McDowell, 734 Sunnyside Avenue; Marti Hardesty, 1515 West Cypress Avenue; Arnold Nelson, 1483 West Cypress Avenue; and Ron Anderson who lives across the street from the Hardesty property. On behalf of the applicant, Pat Meyer, Urban Environs, reviewed a proposed map for nine lots indicating he and his client preferred it, but that they did not want to have to go through the variance procedure that staff would require through the interpretation of the frontage requirements. The applicant, Beverly Olandt, indicated her consent to modify the application to nine lots. Mr. Meyer asked if there was any way that the City Council could act on the modification in two weeks without ERC or Planning Commission action. City Attorney McHugh reviewed the options available. Councilmember George moved to continue this matter for two weeks to allow staff to prepare a report to address modification of the subdivision to nine lots. Motion seconded by Councilmember Gilbreath and so ordered by the Mayor.

ADJOURNMENT

There being no further business, the City Council meeting adjourned at 8:21 P.M. The next regular meeting will be held on June 16, 1998.

Prepared by Lorrie Poyzer
City Clerk, City of Redlands, California

1998-99 Proposed Budget- City Manager Gary Luebbers reviewed for Council the changes incorporated and information provided following the May 8, 1998, budget workshop: schedule indicating changes made to General Fund balance, revised three-year projection (General Fund), revised schedule of priority non-budgeted items and potential reductions, crossing guard survey, traffic ticket collection percentages and new legislation, and one-page recap for each Utility Enterprise (water, sewer and solid waste). Mr. Luebbers confirmed that the City will be receiving a donation of $40,000 this year from the University of Redlands which has been added in. Councilmembers discussed the City's communications equipment and traffic signals. Following a discussion on street trees crews, by consensus Council agreed to increase the street trees budget. Mr. Luebbers informed Council that during a recent telephone conversation with Redlands Unified School District Superintendent Hodges, Mr. Hodges stated the School Board will be re-thinking the issue of assisting with crossing guards funding.

Fire Department Headquarters' retrofitting project funding was evaluated. City Manager Luebbers stated there is $206,000 presently in a Facilities Development Impact Fund designated for the Fire Department which can be utilized for this project. Mayor Cunningham stated he would like this amount contributed as well as an additional $44,000 advanced from the General Fund and will be paid back by the Facilities Development Impact Fund. Public Works Director Mutter was directed to return with a list of recommended improvements June 2, 1998. The S.O.S. Committee is continuing to raise funds and has pledged to raise one-half of the $500,000 projected for the retrofitting.

On motion by Councilmember Gilbreath, seconded by Councilmember Freedman, Council unanimously approved the City of Redlands fiscal year 1998-99 budget as presented and including all Council-approved adjustments to the Proposed Budget document from previous workshops including the street trees trimming budget and replacement of Animal Control Unit 562. Mayor Cunningham complimented City Manager Luebbers on a much more frugal process; this is a financially sound budget. Finance Director Johnson was also thanked for a very "clear" budget review process by Mayor Pro Tem Banda.

1993 Water and Sewer COP's and RDA Debt Issue Refinancing - As discussed at the May 7, 1998 Council meeting, the Finance Committee and Finance Director have been meeting with Stone & Youngberg Municipal Financing Consultants regarding the refinancing alternatives for the 1993 Water and Sewer COP's and the RDA debt issues. The information was updated to include current interest rates and focuses on cash flows versus present values. Finance Director Bonnie Johnson explained to Council that at this time it would be advantageous if the City refinanced from a variable rate to a fixed rate. The City's letter of credit expires in 1999 so the City would be forced to act on this matter in six months anyway. The Finance Committee reviewed this issue extensively. She then introduced Mr. Jim Cervantes representing Stone & Youngberg Municipal Financing Consultants, Inc. who answered Council's questions. Councilmember Gilbreath confirmed that the issuance being recommended would not extend the life of the financing; it merely is going to a fixed rate. Finance Director Johnson stated that a pricing consultant would be brought in to confirm all the costs are competitive. In the near future she bring back a proposal for a pricing consultant. Mayor Cunningham supports getting costs comparisons to get the best price we can since it's competitive. He will be making some comparisons himself. Mayor Pro Tem Banda stated she supports not taking action now and looking at more figures. Councilmember Freedman moved to direct staff to proceed with refinancing both 1993 Water and Sewer COP's and RDA Debt Issues to a fixed rate. Councilmember Gilbreath seconded and carried by the following vote:
AYES: Councilmembers Gilbreath, Freedman and George
NOES: Mayor Cunningham and Mayor Pro Tem Banda
ABSENT: None

ADJOURNMENT

There being no further business, the City Council meeting adjourned at 9:52 A.M. The next regular meeting will be held
on May 19, 1998, at 3:00 P.M.

Prepared by Beatrice Sanchez, Deputy City Clerk
City of Redlands, California

The meeting was opened with an invocation by Councilmember Gilbreath followed by the pledge of allegiance.

PRESENTATIONS

Proclamations - On behalf of Plymouth Village, Administrator Julie Michaels and Mary Lou Jones, accepted proclamations from Mayor Cunningham that will be presented to the following five distinguished citizens from Plymouth Village at a dinner May 21, 1998: Eleanor Douglass, Olene McCrary, Sarah Mercado, Edna Steinman and Jason Jahn.

CONSENT CALENDAR

Minutes - On motion of Councilmember Gilbreath, seconded by Councilmember Banda, the minutes of the adjourned regular meeting of May 5, 1998, the regular meeting of May 5, 1998, and the adjourned regular meetings of May 8, 1998, and May 9, 1998, were approved as submitted.

Bills and Salaries - On motion of Councilmember Gilbreath, seconded by Councilmember Banda, bills and salaries were ordered paid.

Planning Commission Actions - On motion of Councilmember Gilbreath, seconded by Councilmember Banda, the report of the Planning Commission meeting held on May 12, 1998, was acknowledged as received.

Resolution No. 5518 - Conflict of Interest Code Amendment - On motion of Councilmember Gilbreath, seconded by Councilmember Banda, Council unanimously approved Resolution No. 5518, a resolution of the City Council, adopting an amended Conflict of Interest Code pursuant to the Political Reform Act of 1974 by adding the position of Deputy Police Chief as a designated employee and amending Resolution No. 5481.

Ordinance No. 2365 - Personnel Regulations - Ordinance No. 2365, an ordinance amending Chapter 2.56 of the Redlands Municipal Code relating to personnel regulations, was adopted on motion of Councilmember Gilbreath, seconded by Councilmember Banda, by the following vote:
AYES: Councilmembers Banda, Gilbreath, Freedman, George; Mayor Cunningham
NOES: None
ABSENT: None

Agreement - California Street Landfill Revised Rule 1150.1 Compliance Plan - On motion of Councilmember Banda, seconded by Councilmember Freedman, the City Council unanimously approved an agreement with Kleinfelder, Inc., to provide air quality consulting and engineering services for the California Street Landfill Rule 1150.1 Compliance Plan.

Appointments - Airport Advisory Board - Councilmember Gilbreath moved to reappoint John Krueger and James Thorp to additional four-year terms on the Airport Advisory Board. Motion seconded by Councilmember Banda and carried unanimously.

Resolution No, 5520 - Erect Stop Signs on Sixth Street - On motion of Councilmember Gilbreath, seconded by Councilmember Banda, Resolution No. 5520, a resolution of the City Council of the City of Redlands approving stop signs on Sixth Street at Pearl Avenue creating an all-way stop at the intersection, was unanimously approved.

Resolution No. 5521 - Establish two-hour parking on Citrus Avenue - On motion of Councilmember Gilbreath, seconded by Councilmember Banda, Resolution No. 5521, a resolution of the City Council of the City of Redlands establishing two-hour parking, 8:00 A.M. to 6:00 P.M., except Sundays, on the south side of Citrus Avenue between Olive Avenue and the existing no parking zone west of Redlands Boulevard, was unanimously approved.

Resolution No. 5522 - Remove No Parking Zone and Replace with Loading Zone - On motion of Councilmember Gilbreath, seconded by Councilmember Banda, Resolution No. 5522, a resolution of the City Council of the City of Redlands authorizing the removal of 49 feet of no parking zone and replacing it with 49 feet of loading zone fronting 2 West Fern Avenue (Beaver Medical Clinic), was unanimously approved.

Agreement - California Street Landfill Gas System Consulting Services and Construction of Horizontal Gas Collection Wells - Phase I - On motion of Councilmember Gilbreath, seconded by Councilmember Banda, the City Council unanimously approved an agreement with Janechek & Associates to provide professional landfill gas system consulting services for the California Street Landfill and construction of horizontal landfill gas collection wells - Phase I, was unanimously approved.

Resolution No. 5514 - Annual Report for Parking and Business Improvement Area B - On motion of Councilmember Freedman, seconded by Councilmember Banda, Council unanimously approved Resolution No. 5514 approving the Annual Report for Parking and Business Improvement Area B for Fiscal Year 1998-99 and correcting page 5 of the Annual Report to read "Estimated fund Balance, June 30, 1999."

Resolution No. 5515 - Intent to Levy and Collect Assessments in Parking and Business Improvement Area B, and setting a Public Hearing - On motion of Councilmember Freedman, seconded by Councilmember Banda, Council unanimously approved Resolution No. 5515 declaring its intention to levy and collect assessments for Fiscal Year 1998-99 in Parking and Business Improvement Area B, an assessment district; and offering a time and place for hearing objections thereto.

Vesting Determination for Tract 15040 - Osborne Development Company - Council unanimously determined that the Osborne Development, Tract 15040, located south of I-10 and east of Ford Street is "vested" under Measure U and therefore not subject to its provisions, on motion of Councilmember George and seconded by Councilmember Banda.

Legislative Bulletin - By consensus of the Council, staff was directed to initiate letters to legislators indicating our position on the following: oppose AB 2065 (Cardenas) - Preemption, Business License Fees, Home Based Businesses; oppose AB 2471 (Brewer) - Property Tax Shift, Over and Underequity Jurisdictions; oppose SB 1651 (Polanco) - Leaf Blowers. Discussion then followed pertaining to opposing the vehicle license fee (VLF) repeal/reduction. A five-year phase-out of vehicle license fees is proposed with a General Fund backfill for the loss coming from State sales tax revenues. VLF is the third largest revenue source for cities. All Councilmembers agreed to continue opposition efforts along with the League of California Cities. City Manager Luebbers prepared a list identifying the State take-aways of City revenues (shift in property and cigarette taxes) versus the revenue to replace take-aways (COPS Grants and Proposition 172). Councilmember George directed staff to correspond with Assemblyman McClintock stressing Redlands' opposition to this proposal. Councilmember Freedman added that a list similar to the one submitted by the City Manager would be beneficial to include which puts in perspective what position cities are being placed.

Trench Cut Cost Recovery - Mayor Cunningham shared with Councilmembers an article from the March 1998 edition of Western City Magazine which discussed roads trenched or cut up repairs being paid by cities. In Sacramento, and soon in various other cities, it is the entity that damaged the street, including utilities and cable companies. Their ordinance requires a fee based on pavement age. Revenue received is placed in a special fund and used for streets that have been trenched or cut. Public Works Director Mutter stated he concurred with the article. Mayor Cunningham asked the Public Works Director, City Manager, and City Attorney to explore this matter and report back what other cities are doing. Representing Southern California Edison, Susan Peterson requested to be part of any committee because there are ordinances already proposed before the League of California Cities that assess those individuals that do not warranty their work.

Trains blocking vehicle access to San Timoteo Canyon - Mayor Cunningham excused himself from participating in this discussion due to a possible conflict of interest. Police Chief Bueermann reported that over the last several months there have been an increased number of instances where Alessandro Road and San Timoteo Canyon Road have been blocked by trains straddling the railroad tracks where they cross. He has been in touch with the railroads and was advised that dispatching is controlled in Oklahoma and Colorado. Trains can be stopped because of crews reaching their 12-hour duty threshold or stacking of trains in Colton. However, the only authorized stopping place is east of Live Oak Canyon Road. The Public Utilities Commission prohibits trains from blocking crossings for more than ten minutes. Fire Chief Mel Enslow described the difficulties safety vehicles have experienced trying to get to emergency situations and having to try and get around stopped trains. Councilmember Banda expressed the need to take an official position and made a motion to direct staff to prepare a resolution addressing road hazards of blocking roads. Motion seconded by Councilmember Freedman and carried by AYE votes of all present with Mayor Cunningham abstaining.

Service Club Signs - A request was received from the Redlands Service Club Council for approval from the City Council to maintain and coordinate the use of service club signs at City entrances. Mr. Jim Stellar, Chairman of the Entry Signs Committee, stated their Council (made up of the presidents of Redlands' 12 service clubs) would follow the following criteria: eligibility for participation, standards for approval, and loss of privilege to participate. Also provided was a roster of service clubs. Presently there is no mechanism for maintaining these signs. By consensus of the Council, the Redlands Service Club Council was granted permission to maintain and coordinate these signs which are located in the public right of way.

Report on Socio-Economic Study Measure U Committee - Mayor Cunningham reported that the committee has been meeting for several weeks. The process should be wrapped up soon; perhaps May 20th or the following week. Their recommendations then should go to the City Attorney for review, perhaps back to the Committee, then to the Planing Commission for a workshop, and to the City Council for a noticed public hearing. Councilmember George (the Committee Chairman) listed the committee members' names: Mayor Cunningham, Councilmember George, Jim Stellar, Dr. Paul Pawlik, Robert O'Brien, John O'Neil, Robert Rappuchi, Mike Haverty, Ray Alexander, Mondy Dill, Teri Shira, Ron Stephany, Richard Caudle, and Rolland Moore. The Committee is concerned with: What brings people to Redlands? Why they stay? and Why the leave? They have identified the following categories and revised the order of priority and rank as follows: public safety, traffic, open space/wildlife, schools, historic downtown, citrus and agricultural trees, University of Redlands, heritage and historic neighborhoods, parks and facilities, cultural resources, recreational programs, employment/job base, social services (private) landfill, wastewater treatment plant. An economic assessment model is being studied now. Mayor Cunningham commended Councilmember George for his hard work. Councilmember George asked that any Planning Commission and City Council meeting on this matter be held in the evening so that more of the public can attend.

UNFINISHED BUSINESS

Ordinance No. 2370 - Sign Code - Community Development Director Shaw reviewed changes recommended at prior Council meetings of the draft sign code. Staff prepared an ordinance to incorporate those changes as recommended by the Council. Changes include a revised boundary for those areas which would be regulated under the special provisions of the Downtown Business District which has been amended to include those areas bounded by Redlands Boulevard and Stuart Avenue to the south, Orange Street to the east, the I-10 Freeway to the north and Eureka Street and Lawton Street on the west. Other changes by staff are revisions to incorporate a process for reviewing signs that are larger than 120 square feet, as required by Measure U, modified provisions to allow a second freestanding sign for service stations, deletion of the provisions for dual tenant off-site signs, and a revised section on code enforcement and administration. An opportunity was extended to one of the regional shopping center developers to possible incorporate changes requested; however, the developer has not presented a list of proposed changes. Staff did receive a letter from Pharaoh's Lost Kingdom requesting consideration for a freeway oriented sign for their theme park; however, a majority of the Planning Commission did not support provisions of freeway oriented signs for theme parks. Multi-tenant signs for more than three tenants were then discussed. Mr. Jon Gittleman, Sales Manager, Pharoah's Lost Kingdom, addressed Council and requested a re-zoning that would enable them to be granted approval for a freeway sign so that they may be able to serve motorists.

Councilmember George moved that the City Council approve the Negative Declaration for Ordinance No. 2370, an ordinance of the City of Redlands amending Chapter 15.36 of the Redlands Municipal Code relating to signs, and directed staff to file and post a "Notice of Determination" in accordance with City guidelines. It has been determined this project will not individually or cumulatively affect wildlife resources as defined in Section 711.2 of the California Fish and Game Code. Motion seconded by Councilmember Banda and carried unanimously.

Ordinance No. 2370, an ordinance of the City of Redlands Chapter 15.36, was given its first reading of the title by Deputy City Clerk Sanchez, and on motion of Councilmember George, seconded by Councilmember Banda, further reading of the ordinance text was unanimously waived, and Ordinance No. 2370 was introduced with unanimous Council approval and laid over under the rules with adoption scheduled for June 2, 1998.

Pre-Annexation Agreement No. 98-01 - Crafton Hills Area - Hampton Land, LTD., LP - A request was received for a pre-annexation agreement for approximately 463 acres of land generally located southeast of the intersection of Sand Canyon Road and Crafton Avenue within the Crafton Hills Area. This agreement was continued to this date by the City Council at their meeting on May 8, 1998, in order to allow time to make necessary changes to the document that were suggested by the Council and agreed on by the applicant's representative, Mr. Pat Meyer. An amended pre-annexation agreement was presented at this meeting with the following changes: Page 1, Recitals - Paragraph B: deletion of the first four sentences referring to permitted maximum yield of residential dwelling units; Page 3, Section 2, - effective date of agreement - reworded the last sentence to reflect the pre-annexation agreement shall remain in effect up to 18 months following its approval; and Page 7, deletion of Section 6 - Entertainment Tax. Councilmember Freedman pointed out that the effective date of the agreement should reflect today's approval date. On motion of Councilmember Banda, seconded by Councilmember Freedman, Council unanimously adopted a Negative Declaration for Pre-Annexation Agreement No. 98-01 and directed staff to file and post a "Notice of Determination" in accordance with City guidelines. It has been determined this project will not individually or cumulatively affect wildlife resources as defined in Section 711.2 of the California Fish and Game Code. On motion of Councilmember Banda, seconded by Councilmember Freedman, Council unanimously approved Pre-Annexation Agreement No. 98-01 as amended. Under "Public Comments" Mr. Keith Cunningham, representing Hampton Land, LTD., LP, thanked Council for approving this pre-annexation agreement. Tomorrow he will be filing for annexation and submitting $50,000 in fees. He is also requesting consideration of a development agreement contingent upon completion of an EIR and successful annexation. He also stressed the developers hope they wouldn't invest nine months, $400,000 to $500,000 in fees, and then run into some "bump." Mayor Cunningham stated he believes the process can go forward.

Resolution No. 5519 - Implementation of Measure U for Outside City Utility Connections- A workshop was previously held on pertinent issues related to implementation of Measure U for City water and/or sewer utility connections to development outside the City limits but within the adopted sphere of influence. Based on the consensus at the workshop, staff prepared Resolution No. 5519. On motion of Councilmember Banda, seconded by Council-member Freedman, Council unanimously approved Resolution No. 5519, implementation of Measure U for outside the City utility connections.

NEW BUSINESS

Ordinance No. 2380 - Massage Establishment Regulations - Police Chief Jim Bueerman thanked the Blue Ribbon Committee and Mayor Pro Tem Banda for her guidance. The Committee at first displayed caution that government was getting involved but soon they understood the City wished to protect the legitimate technician; they surprisingly strengthened and increased the requirements. Mayor Pro Tem Banda added that the Committee accomplished the task of drafting this ordinance in three meetings. Ordinance No. 2380, an ordinance of the City of Redlands amending Chapter 5.28 of the Redlands Municipal Code relating to massage establishments and rescinding Ordinance No. 2363, was read by title only by Deputy City Clerk Sanchez and on motion of Councilmember Banda, seconded by Councilmember George, further reading of the ordinance text was unanimously waived, and Ordinance No. 2380 was unanimously introduced and laid over under the rules with adoption scheduled for June 2,1998.

Redlands 4th of July Committee - On motion of Councilmember George, seconded by Councilmember Banda, Council unanimously approved a request for waiver of all fees and rental charges for the 4th of July celebration in Redlands to include but not limited to: use of Sylvan Park, Section A, use of Police, Fire, Street and Parks Department personnel as deemed appropriate, use of barricades, banner fee, use of snow fencing, use of 40-yard trash roll-off for stadium, fireworks permit fee, use of City's portable stage for Sylvan Park, parade permit, and partial street closure for parade and park activities. The event is organized by the Redlands 4th of July Committee and co-sponsored by the City of Redlands, the University of Redlands, The Redlands Daily Facts and the citizens of Redlands.

Redlands 4th of July Committee - In 1995 the Redlands 4th of July Committee sponsored an event at the Redlands Bowl featuring the 4th of July Band, the Tornadoes, and fireworks to close the program. A similar show is proposed to be held September 5, 1998, as an end of the summer/back to school family evening. Donations will be accepted to help cover the cost of the show and the fireworks company will provide insurance covering all applicable entities including the City of Redlands. On motion of Councilmember Freedman, seconded by Councilmember Banda, Council unanimously approved a request for waiver of all appropriate fees for the use of the facilities.

PUBLIC COMMENTS

See Mr. Keith Cunningham's, representing Hampton Land, LTD., LP, comments above.

JOINT MEETING - CITY COUNCIL AND REDEVELOPMENT AGENCY

Selection of Bond Counsel - 1993 Water and Sewer COP's and RDA Debt Issue Refinancing - At this morning's adjourned regular meeting session, the Council approved refinancing to a fixed rate the 1993 Water and Sewer COP's and RDA Debt Issue Refinancing. Finance Director Johnson reported that the Finance Committee interviewed three applicants. All fees were comparable ranging from .25 to .30 of a percent based on the total issuance. The firm being recommended is also willing to negotiate further. On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, Council unanimously selected the firm of Orrick, Herrington and Sutcliffe to serve as Bond Counsel for the City and Redevelopment Agency. (Also see Redevelopment Agency minutes dated May 19, 1998.)

CLOSED SESSION

The City Council meeting recessed at 4:15 P.M. to a Redevelopment Agency meeting and reconvened at 4:16 P.M. to a closed session to hold a conference with its legal counsel as follows:

1. Conference with legal counsel: Existing litigation - Government Code § 54956.9(a)
   - City of Redlands v. County of San Bernardino and Majestic Realty Company; Case Nos. SCV 34737, 33330, and 39880
   - C. L. Pharris Sand & Gravel v. S. F. Construction, et al San Bernardino Superior Court Case No. RECI 46343

ADJOURNMENT

There being no further business, the City Council meeting adjourned to the next regular meeting to be held on Tuesday, June 2, 1998.

Prepared by Beatrice Sanchez, Deputy City Clerk
City of Redlands, California

JOINT MEETING - REDEVELOPMENT AGENCY AND CITY OF REDLANDS

Selection of Bond Counsel - 1993 Water and Sewer COP's and RDA Debt Issue Refinancing - At this morning's adjourned regular City Council meeting, the Council approved refinancing to a fixed rate the 1993 Water and Sewer COP's and RDA Debt Issue Refinancing. Finance Director Johnson reported that the Finance Committee interviewed three applicants. All fees were comparable ranging from .25 to .30 of a percent based on the total issuance. The firm being recommended is also willing to negotiate further. On motion of Mrs. Gilbreath, seconded by Mr. Freedman, the Agency unanimously selected the firm of Orrick, Herrington and Sutcliffe to serve as Bond Counsel for the Redevelopment Agency. (Also see City Council minutes dated May 19, 1998.)

ADJOURNMENT

There being no further business, the Board of Directors' meeting of the Redevelopment Agency adjourned at 4:16 P.M. The next regular meeting will be held on May 19, 1998.

Prepared by Beatrice Sanchez, Acting Secretary, Redevelopment Agency
City of Redlands, California

PROCLAMATION

Blue Ribbon Week - On behalf of the City Council, Mayor Cunningham presented a proclamation to Police Chief Bueermann declaring the week of May 11, 1998, as Blue Ribbon Week in recognition and support of all peace officers and law enforcement agencies.

WORKSHOP

1998-99 Proposed Budget - City Manager Luebbers distributed revised pages for the proposed budget which contain all the changes and other information requests from the May 7, 1998, workshop. Community Services Division Manager Marjie Pettus responded to Mayor Cunningham's inquiry at the May 7, 1998, workshop regarding non-residents use of Recreation Division's services. Proposed budgets were reviewed by the City Council as follows: Fire Department, Community Development Department, Municipal Utilities Department.

CLOSED SESSION

The City Council meeting recessed at 11:15 A.M to a closed session to hold a conference with its legal counsel in accordance with Government Code Section 54956.9(a): Workers' Compensation Claim: Lewis Nelson. There was no report following the closed session.

ADJOURNMENT

There being no further business, the City Council meeting adjourned to an adjourned regular meeting to be held on May 19, 1998, at 9:00 A.M. in the Council Chambers, Civic Center, 35 Cajon Street, Redlands, California.

Prepared by Lorrie Poyzer, City Clerk
City of Redlands, California

WORKSHOP

1998-99 Proposed Budget - City Manager Luebbers distributed revised pages for the proposed budget which contain all the changes and other information requests from the May 5, 1998, workshop.

Debt Service - On April 16, 1998, the Finance Committee, Finance director, Accounting Manager, and Municipal Utilities Director met with Scott Sollers of Stone & Youngberg to discuss alternatives relating to streamlining Redevelopment Agency and Utility outstanding debt. Several options were thoroughly analyzed. The Finance Committee narrowed down the alternatives to the following: 1) take no action at the current time, or 2) convert the existing variable rate financings to fixed rate debt thus taking advantage of extremely favorable interest rates. Mr. Sollers then reviewed in detail the advantage of converting from variable to fixed rate. Mayor Cunningham asked that the detailed report prepared by Stone and Youngberg be made available to each Councilmember to study prior to making a decision.

1998-99 Proposed Budget - Proposed budgets were reviewed by the City Council as follows: Public Works Department and Police Department. A budget recap was presented breaking down the totals for the recently merged Police Department and Human Services Department.

Pre-Annexation Agreement No. 98-01 - A special meeting of the City Council was noticed for this time and place to consider Pre-Annexation Agreement No. 98-01 which was continued from the May 5, 1998, meeting. The City Council convened at 11:36 A.M. to consider a negative declaration or other environmental determinations and a pre-annexation agreement on approximately 463 acres generally located southeast of the intersection of Sand Canyon Road and Crafton Avenue within the Crafton Hills area (Hampton Land, LTD., LP, applicant). Mr. Keith Cunningham, Hampton Land, was unable to attend this meeting having been fogged in at an airport in Texas. Representing the applicant was Pat Meyer, Urban Environs. Following lengthy discussion, Councilmembers concurred with the following changes which were agreeable to Mr. Meyer:

Councilmember Gilbreath's motion to approve the Negative Declaration for Pre-Annexation Agreement No. 98-01, as amended by the City Council, did not receive a second. Mayor Cunningham directed this item be continued to May 19, 1998, at 3:00 P.M.

CLOSED SESSION

The City Council meeting recessed at 11:15 A.M to a closed session to hold a conference with its legal counsel in accordance with Government Code Section 54956.9(a): Workers' Compensation Claim: Lewis Nelson. There was no report following the closed session.

ADJOURNMENT

There being no further business, the City Council meeting adjourned at 12:10 P.M. to an adjourned regular meeting to be held on May 8, 1998, at 9:00 A.M. in the Council Chambers, Civic Center, 35 Cajon Street, Redlands, California.

Prepared by Lorrie Poyzer
City Clerk, City of Redlands, California

The meeting was opened with an invocation by Councilmember George followed by the pledge of allegiance.

PRESENTATION

Police Department - Police Chief Nelson proudly reported that his department placed first in their division in the recent Baker to Vegas law enforcement relay which consists of 120 miles of running. Tee-shirts commemorating the event were shared with Councilmembers and departments heads.

OATH OF OFFICE

Police Chief - City Clerk Poyzer administered the oath of office to Jim Bueermann in his new capacity as the Redlands Police Chief. In a touching moment, the chief's badge was pinned on by his son Jack who was accompanied by Mr. Bueermann's younger son Alex and his wife Emily.

PRESENTATIONS

Employee Service - Introductions were made by the department heads and Mayor Cunningham presented five year service pins to: Donald Bryson, Police Department; Michael Corbett, Police Department; and Ricky Smith, Police Department. Ten year service pins were presented to: Brian Bilyeu, Police Department; Leonard Nye, Street Division-Public Works Department; Gerald Schwartz, Wastewater-Municipal Utilities Department; and Gina Schilke, Water-Municipal Utilities Department. Fifteen year pins were presented to: John Caviness, Purchasing-Finance Department; Mark Brannen, Police Department; and Rogelio Garcia, Police Department. A twenty year service pin was presented to: Howard Davis, Solid Waste-Municipal Utilities Department. Twenty-five year service pins were presented to Ron Mutter, Public Works Director, and Ruben Baltierra, Solid Waste-Municipal Utilities Department.

Employee of the Quarter - City Manager Luebbers introduced the following nominees for the Employee of the Quarter:

Kyle Wilson, Electrical Division, Public Works Department - Kyle Wilson's nominator wrote that every interaction with Kyle has been handled with the utmost efficient. Any paperwork requested or question asked, if Kyle does not have it or does not know the answer immediately, he goes the extra mile to get what was requested or the correct answer. Kyle has always delivered exemplary services with a smile; his quality and volume of work is superior. He accepts any task given to him and always gives 100 percent. Kyle has demonstrated outstanding ability in the areas of work quality, initiative and innovation in working with the public safety, public works and municipal utilities departments. City Manager Luebbers announced this was the second time Kyle received the Employee of the Quarter award.

Leonard Temby, Fire Department - Leonard Temby is a "Fire Marshal Extraordinaire" and a hazard mitigationist at heart wrote his nominator. Few people realize that the City of Redlands may attributed two of its current successful hazardous mitigation grants to his determination to keep our wildland urban interface fire-resistant, if not fire-free. Leonard's involvement in the Learn Not to Burn program has resulted in thousands of Redlands' school children to learn to "drop, cover and roll," and has given us a recent success story that made local headlines. Additionally, Leonard has a fine-tuned talent for approaching local businesses for financial assistance. The Veteran's of Foreign Wars recognized Fire Marshal Temby with a Certificate of Recognition for exemplary service in 1996. He had been quoted in national fire magazines regarding defensible landscaping and its positive affects on Redlands' 1996 Smiley Ridge fire. Leonard deserves recognition from his City for his contributions and exemplary services to our citizens and the fire community at large.

Sheila Harbert, Police Department - Sheila is the Police Department's Crime Analysis Technician. She volunteered for the Crime Analysis Unit position as part of a grant awarded to the Police Department to track career criminals. Since receipt of the grant, Sheila has completed the college certificate program for the position of Crime Analyst. The completion of this extensive and difficult course of study allows her to bring a wider range of capability to the technician position that is normal. Flexibility and diversity are two of Sheila's strongest attributes. She is always available and willing to assist where the need exists; she can be seen dispatching in the communications center at all hours. She always puts forth a smile, even when her workload has changed five times in a day due to new or unforeseen priorities. Sheila has also been instrumental in the establishment of the Crimestoppers Program and held a lead roll in the development of the Field Officers Notebook.

CONSENT CALENDAR

Minutes - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, and so ordered by the Mayor, the minutes of the regular meeting of April 21, 1998, were approved as submitted

Bills and Salaries - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, and so ordered by the Mayor, bills and salaries were ordered paid.

Planning Commission Actions - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, and so ordered by the Mayor, the report of the Planning Commission meeting held on April 28, 1998, was acknowledged as received.

Resolution No. 5505 - Historic Preserve of Citrus - On motion of Councilmember Cunningham, seconded by Councilmember Freedman, and so ordered by the Mayor, the City Council adopted Resolution No. 5505, a resolution of the City Council of the City of Redlands establishing an historical preserve of citrus and rescinding Resolution No. 4993. The Historic Preserve of Citrus consists of approximately 93 acres as follows: 24 acres of the Prospect Park Grove; 10 acres of the Judson Grove, 13 acres of the Texas Grove, 16.7 acres of the Nevada/Palmetto Grove, 10 acres of the Fifth Avenue Grove, five acres of the California/I-10 Grove, three acres of the Olive Avenue Grove, ten acres of the Granite Grove, and one acre of the Barton Citrus Grove. In recognition of this historical designation, the Dole packing house shared a case of oranges for members of the City Council and department heads.

Resolution No. 5509 - Friend-of-the-Court Briefs - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, and so ordered by the Mayor, the City Council adopted Resolution No. 5509, a resolution of the City Council of the City of Redlands confirming its policy concerning the City's participation in Friend-of-the-Court briefs.

Resolution No. 5511 - TRANs - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, and so ordered by the Mayor, the City Council adopted Resolution No. 5511, a resolution of the City Council of the City of Redlands authorizing and approving the borrowing of funds for fiscal year 1998-1999; the issuance and sale of a 1998-1999 Tax and Revenue Anticipation Note (TRANs) therefore and participation in the California Communities Cash Flow Financing Program.

Resolution No. 5512 - Clean Fuels Technology - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, and so ordered by the Mayor, the City Council adopted Resolution No. 5512, a resolution of the City Council of the City of Redlands supporting AB 2194 (Washington): air pollution; clean fuels technology, which extends the $1.00 fee on the renewal of motor vehicles in the South Coast Air Quality Management district to fund the Clean Fuels Program to August 1, 2010.

Appeal - ERC Decision - Private Road - At the April 21, 1998, City Council meeting, the City Council continued its appeal of the Environmental Review Committee's decision on February 9, 1998, to adopt a Mitigated Negative Declaration for the construction of a proposed private road through Parcel Map No. 3373 in the A-1 (Agricultural) District, located approximately 200 feet west of the intersection of San Timoteo Canyon Road and Alessandro Road and extending south through the San Timoteo Canyon area into the County of Riverside to Tract No. 26837-1. A letter dated April 28, 1998, from William J. Ward, on behalf of the applicant Mancha Industries, advised staff of their withdrawal of the application. No further action was needed at this time.

Resolution No. 5517 - Disability Retiremen - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, and so ordered by the Mayor, the City Council adopted Resolution No. 5517, a resolution of the City Council of the City of Redlands authorizing the disability retirement of Police Chief Lewis W. Nelson as of May 6, 1998.

Bids Rejection - Community Center Renovation Phase II - Bids were opened and publicly declared on April 2, 1998, by the City Clerk for the Interior Renovation of the Redlands Community Center Phase II Project; a bid opening report is on file in the Office of the City Clerk. After reviewing the technical specifications for the project with the architect and City Attorney, it was recommended that specified license and specified years of experience be required for some portions of the work. It was the recommendation of staff that all bids received for this project be rejected and that staff be directed to readvertise for said project. Mayor Cunningham recommended the Public Works Department administer all construction projects. Councilmembers seemed to concur with this recommendation. On motion of Councilmember Cunningham, seconded by Councilmember Banda, and so ordered by the Mayor, the City Council approved the staff recommendation to reject the bids for the Redlands Community Center project.

PLANING AND COMMUNITY DEVELOPMENT

Tentative Tract No. 15532 - Time Extension - Jeffrey Homes - Councilmember Banda moved to approve a one-year time extension for Tentative Tract No. 15532 extending approval until June 10, 1999. Motion seconded by Councilmember George, and so ordered by the Mayor. This application is for a subdivision of approximately 9.38 acres of land into 36 residential lots for property located at the northwest corner of Brockton and Wabash Avenues in the R-1 (Single Family Residential) District.

Pre-Annexation Agreement No. 98-01 - Hampton Land, LTD., L.P. - A public notice was advertised for this time and place to consider a negative declaration or other environmental determinations and a pre-annexation agreement on approximately 463 acres of property generally located southeast of the intersection of Sand Canyon road and Crafton Avenue within the Crafton Hills area. Mayor Cunningham reported he had met with the principal earlier today and felt it would be appropriate to continued this item to 11:00 A.M. (after the budget study workshop) during the adjourned regular meeting scheduled for May 7, 1998. Councilmember Banda moved to continue this item as recommended by the Mayor. Motion seconded by Councilmember Freedman, and was so ordered by the Mayor.

COMMUNICATIONS

Legislative Bulletin - Mayor Cunningham urged staff and fellow members of the City Council to use any avenue possible to protect and lobby State legislators to retain the DMV registration fees currently collected for cities and counties. Mayor Cunningham also indicated he thought it was inappropriate of the State to pre-empt cities' legislation in relation to leaf flowers (SB 1651).

Rehabilitation of Fire Station No. 1 - Public Works Director Mutter reported the Redlands Fire Station No. 261 was constructed at the northwest corner of Redlands Boulevard and Citrus Avenue in 1948. Since its construction, no major changes have been made to the building. A number of minor modifications have been made to accommodate electrical, HVAC, communications, and other such upgrades. There are nine personnel stationed at this station during a routine shift. Staff has inspected the building and prepared a list of improvements that should be considered for the entire building rehabilitation. These improvements include items that staff feels cover the entire scope of improvements from those improvements that are absolutely necessary to those that would just be nice to have. Five schedules have been provided detailing staff's recommendations for improvements. Schedule 1 provides for those immediate improvements that are necessary for the new truck unit and structural stability of the building. Schedule 2 provides for the immediate enhancement of deferred maintenance and improvements for basic livability in the facility. Schedule 3 provides for continued general improvements and upgrades. Schedule 4 provides for convenience and ease of operations by crews. And Schedule 5 provides for the amenities that would enhance overall livability at the fire station. Basic general costs have been estimated within a range but have not been confirmed. Actual costs will depend largely on the final designs for improvements and the degree of work that is to be accomplished. Chairman of the S.O.S. Committee, Swen Larson, urged the City Council to move two items up in the priority ranking: the fire sprinkler system and increase the number of showers. He reported that Elger Plumbing has volunteered to donate the plumbing fixtures, Redlands Plumbing will volunteer the labor, and Madrid Construction has also volunteered to donate labor. He asked the City Council to a make a commitment towards this project. Mayor Cunningham indicated this would be addressed during the upcoming budget workshops.

CLOSED SESSION

The City Council meeting recessed at 3:50 P.M. to a Redevelopment Agency meeting and reconvened at 3:53 P.M. to a closed session to discuss the following:

a.   Conference with real property negotiator - Government Code §54956.8

Property:  APN 172-091-23: 916 West Olive Avenue
Negotiating parties:  Public Works Director Mutter and Andy Smith
Under negotiation:  Terms and price

b.   Conference with legal counsel: Existing litigation - Government Code §54956.9(a)

- City of Redlands v. County of San Bernardino and Majestic Realty Company - Case Nos. SVC 34737, SVC 33330, and SVC 39880

c.   Conference with legal counsel: Anticipated litigation - Government Code §54956.9(b) - One potential case

PRESENTATIONS

Mental Health Month - Mayor Cunningham presented a proclamation to Redlands' resident Dr. Charles Swift, Vice Chairman of the County Mental Health Commission, declaring the month of May, 1998, as Mental Health Month.

Senior Center Week - Mayor Cunningham presented a proclamation to Gayle Thompson, director of the Joslyn Senior Center, and members of the Joslyn Advisory Board declaring May 10-16, 1998, to be Senior Center Week and called upon all citizens to recognize the special contributions of the Joslyn Senior Center participants, and the special efforts of the staff and volunteers who work every day to enhance the well-being of the older citizens of our community.

Redlands Community Hospital - The City Council authorized, by general consigns, issuance of a proclamation congratulating the Redlands Community Hospital for sponsorship of a HealthFair Expo on May 9, 1998, to offer free health education and screening to promote healthy lifestyles. HealthFair Expo is sponsored by the American Red Cross, NBC4, Chevron Products Company, Sav-On Drugs, and Healthcare Association of Southern California. Mayor Cunningham will present the proclamation on May 9, 1998.

UNFINISHED BUSINESS

Ordinance No. 2370 - Sign Code - Community Development Director Shaw reported he had received a letter from a large-scale proposed project with suggestions that would necessitate continuance of this discussion to allow staff to evaluate the suggestions. Councilmember Freedman moved to continue this matter to May 19, 1998. Motion seconded by Councilmember Gilbreath and so ordered by the Mayor.

Maintenance Assessment Districts - Public Works Director Mutter reported that Section 22525 of the California Streets and Highways Code requires that an Engineer's Report be prepared and filed annually, outlining the assessments to be levied against benefiting properties. Formerly, the process required that two meetings be held by the City Council; one was a public meeting to review the report in concept and the other was a noticed public hearing. The preliminary reports for the Landscaping Maintenance Assessment District No. 1 and Street Lighting Maintenance Assessment District No. 1 were presented to the City Council on April 21, 1998. The City Council adopted the appropriate resolutions granting preliminary approval to the Engineer's Report holding assessments at the same level as last year. Resolutions were also adopted declaring the City Council's intention to levy and collect assessments for fiscal year 1998-99, pursuant to the Lighting and Landscaping Act of 1972. The preliminary reports for the Landscaping Maintenance District No. 2 and Street Lighting Maintenance Assessment District No. 2 were also presented to the City Council on April 21, 1998. The City Council adopted the appropriate resolutions granting preliminary approval to the Engineer's Report. Resolutions were also adopted declaring the City Council's intention to levy and collect assessments for fiscal year 1998-99 pursuant to the Lighting and Landscaping Act of 1972. As these are new districts, the City Council also called for the "Assessment Ballot Proceedings" to affected property owners to vote on the assessments. Appropriate notices and ballots have been sent to these owners. The public meeting is no longer required by law. However, staff had sent notice of this meeting to give the City Council an opportunity to review the Engineer's reports and receive questions and input from the public. The public hearings on these Districts will be held on July 7, l998.

NEW BUSINESS

Ordinance No. 2365 - Personnel Regulations - City Manager Luebbers reported that a review of the Redlands Municipal Code and the City's Personnel Rules and Regulations revealed some minor conflicts within the two documents. Ordinance No. 2365, an ordinance of the City of Redlands amending Chapter 2.56 of the Redlands Municipal Code relating to personnel regulations was prepared to ensure uniformity with the Personnel Rules and Regulations. Ordinance No. 2365 was read by title only by City Clerk Poyzer, and on motion of Councilmember Banda, seconded by Councilmember Freedman, and so ordered by the Mayor, further reading of the ordinance text was waived, and Ordinance No. 2365 was introduced and laid over under the rules with adoption scheduled for May 19, 1998.

Resolution No. 5510 - Measure I Capital Improvement Fund - Public Works Director Mutter said that at the meeting of March 3, 1998, the City Council asked staff to provide information on the use of Measure I funds, including what potential projects in the City of Redlands may be eligible for these funds. This list would include projects currently scheduled for funding as well as other potential projects that could be scheduled. Mr. Mutter reviewed the history of Measure I following its placement on the November 1989 ballot, and the City's utilization of several sources of funding for street maintenance and construction activities. Based upon an updated funding schedule, Measure I funds are no longer needed for the development of the Orange and Alabama Streets bridge projects. Therefore, the City Council may remove these projects from the Measure I Capital Improvement Program. These funds could be allocated to any other approved street construction or transportation related project in the City pursuant to the criteria established for the use of Measure I funds. All Measure I funding can be allocated to local street projects at the discretion of the City Council. The first unfunded project on the five-year plan is the widening of Citrus Avenue between Auburn Court and Wabash Avenue. The project is warranted as a result of increased traffic due to Redlands East Valley High School. Councilmember Freedman said he was impressed with this report and moved to adopt Resolution No. 5510, a resolution of the City Council of the City of Redlands, State of California, amending the Five Year Capital Improvement Program and Twenty Year Transportation Plan. Motion seconded by Councilmember Banda, and so ordered by the Mayor. Responding to Councilmember Gilbreath, Public Works Director Mutter reviewed the funding available for the Alabama and Orange Streets bridges. Mayor Cunningham urged staff to complete the Wabash project as soon as possible.

Outside City Utility Connections - Measure U - Councilmember Gilbreath announced she had a conflict of interest on this matter and left the City Council Chambers. Municipal Utilities Director Phelps reported that with the passage of Measure U in November, l997, there are several issue areas that staff needs to review with the City Council to clarify processing of Outside the City (OSC) utility applications, and to receive Council direction regarding the application of Measure U to current and future OSC utility connection application. Assisted by Community Development Director Shaw, Municipal Utilities Director Phelps reviewed four issues areas: application of General Plan standards to OSC; requirement for socio-economic cost/benefit studies; payment of development impact fees; and exemption of current development projects from Measure U. The potential effect of these issues on current development project applications for OSC utility connections was also provided in the staff report. City Attorney McHugh explained the definition of "vested rights" as relates to State Code. By consensus, the City Council agreed that an outside the City development project has a vested right and is exempt from Measure U upon relying on a pre-annexation agreement and expending monies for construction of water and sewer utility infrastructure and that a socio-economic cost/benefit study would be required at the pre-annexation agreement stage. To implement this policy and place projects outside the City on an equal par with projects inside the City limits, a General Plan amendment will be required, and staff will begin the process.

ADJOURNMENT

There being no further business, the City Council meeting adjourned at 7:43 P.M. to an adjourned regular meeting to be held on Thursday, May 7, 1998, at 9:00 A.M. in the City Council Chambers, 35 Cajon Street, Suite 2, Redlands, California.

Prepared by Lorrie Poyzer
City Clerk, City of Redlands, California

WORKSHOP

1998-99 Proposed Budget - City Manager Luebbers presented an overview of the proposed 1998-99 budget. Proposed budgets were reviewed by the City Council as follows: City Clerk, City Treasurer, City Attorney, Personnel/Worker's Compensation, Library, Finance, City Council, and City Manager.

ADJOURNMENT

There being no further business, the City Council meeting adjourned at 10:22 A.M. The next regular meeting will be held on May 5, 1998, at 3:00 P.M..

Prepared by Lorrie Poyzer
City Clerk, City of Redlands, California

CLOSED SESSION

The City Council meeting immediately recessed to a closed session pursuant to Government Code Section 54957 to discuss the following:

Public employee appointment - Title: Chief of Police

CLOSED SESSION REPORT

Police Chief - At the regular meeting held on April 21, 1998, it was announced at 7:00 P.M. that the City Council appointed James R. (Jim) Bueermann as the new Police Chief to replace retiring Police Chief Lewis W. Nelson. They also created a new position, Office of Deputy Chief, and appointed Cletus Hyman to fill the position.

Prepared by Lorrie Poyzer
City Clerk, City of Redlands, California

The meeting was opened with an invocation by Councilmember Freedman followed by the pledge of allegiance.

CONSENT CALENDAR

Minutes - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the minutes of the regular meeting of April 7, 1998, were unanimously approved as submitted.

Bills and Salaries - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, bills and salaries were unanimously ordered paid.

Planning Commission Actions - On April 14, 1998, the Planning Commission approved a Negative Declaration and Tentative Tract No. 15832 to subdivide 4.75 acres into 11 residential lots and one lettered lot in the R-S (Suburban Residential) District located on the southwest corner of Cypress Avenue and Sunnyside Avenue. Mayor Cunningham reported a letter (not on file in the City Clerk's Office) was received from Pat Meyer, Urban Environs, on behalf of the applicant indicating they would like the Planning Commission to re-examine this application for nine lots rather than 11. Mayor Cunningham expressed his appreciation for their efforts to reduce the density of this project. On motion of Councilmember Cunningham, seconded by Councilmember Freedman, the report of the Planning Commission meeting held on April 14, 1998, was unanimously acknowledged as received.

Resolution No. 5506 - Fee - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5506, a resolution of the City Council of the City of Redlands establishing a fee for mailing the agenda or agenda packet.

Agreement - Colton and Wabash Avenues - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved a cooperative agreement between the City of Redlands, County of San Bernardino, and Redlands Unified School District for cost sharing and development of improvements to the intersection of Colton Avenue and Wabash Avenue.

Minor Subdivision No. 226 - Metro California Business Enterprises - Following brief discussion, on motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved a one year time extension for Minor Subdivision No. 226, an application for a subdivision of approximately 17.13 acres of land into two parcels for property located at the northwest corner of Lugonia and Wabash Avenues in the C-4 (Highway Commercial) District. This action extended approval for Minor Subdivision No. 226 until May 11, 1999.

Fee Waiver - Legendary Ink Spots - A request from Arthur Rand representing the Legendary Ink Spots asked for a fee waiver for use of the Redlands Bowl for an annual event to be held on September 13, 1998, waiver of the banner fee, waiver of insurance requirements, and waiver of all future fees for performances of the Legendary Ink Spots on the second Sunday of September of following years. Councilmember Gilbreath moved to approve the request for waiver of fees by the Legendary Ink Spots for this year's event only with the caveat that the beneficiary of their fund raiser event be a 501c (registered non-profit organization) and that future requests indicate who the recipient will be. Motion seconded by Councilmember Banda and so ordered by the Mayor.

Agreement - California Street Landfill - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved an agreement with 3D GeoServices, Inc. to provide hydrogeologic and regulatory compliance services for the California Street Landfill vertical expansion, final cover modeling and analyses.

Agreement - California Street Landfill - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved an agreement with3D GeoServices, Inc. to provide hydrogeologic and regulatory compliance services for the California Street Landfill vertical expansion, interim fill phasing, drainage planning, and soil cover evaluation.

Grace Stewart Mullen Monument - Mayor Cunningham moved to approve the placement of a lighted bronze bust of Grace Stewart Mullen on a plain granite base in Smiley Park adjacent to the Redlands Bowl as recommended by the Parks Commission. Motion seconded by Councilmember Banda and so ordered by the Mayor.

COMMUNICATIONS

Legislative Bulletin - Councilmembers did not oppose Mayor Cunningham's recommendations on State legislative activities as follows: AB 1614: California Internet Tax Freedom Act - oppose; AB 2586: emergency medical services, fire districts - support with a follow-up phone call; AB 2488: developer fees and exactions, "rough proportionality" - oppose; AB 2354: development agreement: accounting of fees - oppose; AB 726: sexually-oriented businesses, local regulations - continued opposition; AB 2569: drug free zones, parks, beaches, and now libraries - support; AB 1938: alcoholic beverages, license fees - support; and SB 2: Park Bond, local grants - neutral at this time. Police Chief Nelson explained SB 2215: public safety officers procedural bill of rights, which the Police Chief's Association supports.

Recycling - Special Collections Coordinator Janet Miller reviewed the City's recycling programs which include curbside recycling, residential green waste, community clean-up days, tire recycling, free mulch give-aways, backyard composting, sharps disposal, school-based recycling, a quarterly newsletter, and special events. By focusing on continuing education, expanding the commercial recycling program, and exploring commercial and multi-family green waste diversion programs, the City will meet the required 50 percent reduction by the year 2000.

Car Wash - Calvary Chapel of Redlands - City Manager Luebbers explained that Calvary Chapel of Redlands has submitted a request to utilize the upper level of the City-owned parking lot located at Citrus Avenue and Sixth Street in downtown Redlands to conduct a fund-raising car wash on Sunday, April 26, 1998, from noon to 4:00 P.M. Staff recommended approval subject to the following requirements:

1. Applicant to provide a certificate of insurance to cover the liability, both for the general public and the participants of the car wash;
   
2. Applicant to pay $300.00 refundable deposit to cover any damage or clean-up necessary after the car wash;
   
3. Applicant to be charged at the rate of $0.72/100 cubic feet for water usage (it is estimated the applicant will use 5-10 ccf (4,000-8,000 gallons) which would cost $3.60-$7.20 depending on usage); and
   
4. Applicant to contact Public Works Department regarding requirements for closing and posting the upper level of the parking lot with "Parking Lot Closed" signs.

Rehabilitation of Fire Station No. 1 - Mayor Cunningham wanted to clarify that the Public Works Director is in charge of this program and asked Public Works Director Mutter or Chief Building Official Anderson to determine what needs to be done for the rehabilitation of Fire Station No. 1, and moved to direct Public Works Director Mutter to prepare a report for the May 5, 1998, City Council meeting. Motion seconded by Councilmember Gilbreath who also wanted to include funding to Mr. Armantrout for engineering and architectural work. The motion carried unanimously.

City Council Correspondence - Mayor Cunningham moved to direct that his mail and City Council mail be opened and copied by a secretary in the City Manager/City Council office and placed in his box and that the originals then be transmitted to the City Clerk's Office for distribution to members of the media. Motion seconded by Councilmember Banda and carried with Councilmember Gilbreath voting NO as she felt the current process with the City Clerk opening and distributing City Council mail was a precautionary system and that change now would be incorrect.

CDBG Funding Reallocation - United Way - Councilmember Gilbreath announced she had a possible conflict of interest on this item and left the Council Chambers. Councilmember Banda expressed concern that the reduction in the allocation approved by the City Council on February 17, 1998, for CDBG funding for the United Way Information and Referral may cause the service to be discontinued. Police Chief Nelson said meetings held with United Way personnel have clarified issues and staff recommends allocating the additional funds necessary to allow continuance of this vital service. Councilmember Banda moved to approve the full amount originally requested by United Way Information and Referral and to approve an additional allocation of $20,000.00 from the City's contingency funds provided the County can qualify under the 15 percent public service requirement. Motion seconded by Councilmember Freedman and carried with Councilmember Gilbreath abstaining.

PUBLIC COMMENTS

South Coast Air Quality Management District - David Madden and Larry Rhinehart, South Coast Air Quality Management District, reviewed a summary of Assembly Bill 2194 which extends the $1.00 fee on the renewal of motor vehicles in the District to fund the Clean Fuels Program to August 1, 2010, and asked the City Council for their support. Mayor Cunningham directed staff to place this request on the next City Council agenda.

CLOSED SESSION

The City Council meeting recessed at 4:04 P.M. to a Redevelopment Agency meeting and reconvened at 4:06 P.M. to a closed session to discuss the following:

1. Conference with legal counsel: Existing litigation - Government Code § 54956.9(a)
   
   • City of Redlands v. County of San Bernardino and Majestic Realty Company
     Case Nos. SCV 34737, 33330, and 39880
   • Redlands Crossing LLC v. City of Redlands
     Case No. USDC CV98-2296WDK
   • Mendoza v. City of Redlands
     Case No. SCV 27575
   • Allstate Insurance v. City of Redlands et al
     Case No. RECI 45831
2. Conference with real property negotiator - Government Code § 54956.8
   • Property: APN 176-222-10
     Negotiating parties: Ron Mutter and Mrs. Osborne
     Under negotiation: Terms and price
   • Property: APNs 294-111-08 and 176-121-02
     Negotiating parties: Brian Buoye, Eric K. Naftzer, and Gary Phelps
     Under negotiation: Terms and price