There being no further business, the City Council meeting. The next regular meeting will be held on November 16, 1999.

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, the minutes of the regular meeting of October 5, 1999, 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 October 12, 1999, was acknowledged as received.

Environmental Review Committee - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the report of the Environmental Review Committee meeting held on October 12, 1999, was acknowledged as received.

Ordinance No. 2418 - Security Alarm Systems - Ordinance No. 2418, an ordinance of the City of Redlands amending Chapter 5.12 of the Redlands Municipal Code relating to security alarm systems, 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

Contract Award - Herald Street Rehabilitation - Bids were opened and publicly declared on September 29, 1999, by the City Clerk for the construction of the Herald Street Rehabilitation Project; a bid opening report is on file in the Office of the City Clerk. Public Works Director Mutter reported this project will construct missing portions of curb and gutter, sidewalk, driveway approaches and street trees, and resurface the street from Brockton Avenue to Lugonia Avenue, including standard curb returns and handicap ramps at intersection corners. This project is part of the new Federal Neighborhood Initiative program, and this is the first phase of work on Herald Street. Staff has completed the design and is ready to proceed to bid the remainder of work on Herald Street from Brockton Avenue to Colton Avenue upon authorization from the County to do so. At this time, it was the recommendation of the Public Works Department, with concurrence from the San Bernardino County Economic and Community Development Department, that the responsible bidder submitting the bid for said project which will result in the lowest cost for the City was Holland-Lowe Construction, Inc., San Bernardino, in the amount of $159,268.00, and it would be in the best interest of the City that this contract be awarded to said firm. Noting she was happy to see this project move forward, Councilmember Banda moved to approve this recommendation and authorize the Mayor and City Clerk to sign the contract on behalf of the City. Motion seconded by Councilmember Freedman and carried unanimously.

Agreement - Xerox Corporation - Citing a possible conflict of interest, Councilmember Freedman abstained from voting on the following matter. On motion of Councilmember Gilbreath, seconded by Councilmember George, the City Council approved, by AYE votes of all present, a document services agreement with Xerox Corporation which will cover all 20 machines operated within City offices.

Ordinance No. 2422 - PERS Amendment - Ordinance No. 2422, an ordinance of the City of Redlands authorizing an amendment to the contract between the City Council of the City of Redlands and the Board of Administration of the California Public Employees' Retirement System (PERS) which approves military service credit buy back, 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. 5695 - Traffic - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5695, 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: erect stop signs on Dreka Avenue at Clay Street, Webster Street, Ohio Street, and Washington Street.

Resolution No. 5696 - Street Vacation No. 116 - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, Resolution No. 5696, a resolution of the City Council of the City of Redlands declaring its intention to vacate a portion of public right-of-way located on the west side of Iowa Street, south of Redlands Boulevard (applicant: Lowe's Company, Inc.) and setting the public hearing for this street vacation for November 16, 1999, at 7:00 P.M., was unanimously adopted.

Resolution No. 5699 - Transportation Enhancement Activity Call - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5699, a resolution of the City Council of the City of Redlands authorizing application for FY 1999-2000 Transportation Enhancement Activities Call for Projects with the State of California, Department of Transportation, District 8, Landscape Architecture.

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

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

Agreement - Safety Hall Assembly Room - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously authorized the City Manager to sign a letter of agreement with the Superior Court of California for use of the assembly room located in Safety Hall, 212 Brookside Avenue. Said letter waives the $100.00 per day use fee with the Court agreeing to provide janitorial services through June 30, 2000.

Lease Agreement - Prospect Park Carriage House - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved a lease agreement between the City of Redlands and Ronn and Diane Jenks, acting a live-in caretakers, for rental of the living quarters at the Carriage House in Prospect Park.

Resolution No. 5701 - Disability Retirement - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5701, a resolution of the City Council of the City of Redlands determining that William Hutchison, a local safety member of the Public Employees Retirement System is incapacitated within the meaning of the Public Employees' Retirement Law for performance of his duties in the position of Police Officer.

Funds - Year-End Encumbrances - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved additional appropriations to the 1999-2000 budget year for the 1998-1999 year-end encumbrances and carry-overs.

Funds - Agreement - Pipeline Project - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved Amendment No. 2 with the firm of Camp, Dresser and McKee in the amount of $5,075.00 for engineering services for the modification of the Henry Tate Water Treatment Plant Effluent Line, authorized an additional appropriation in the same amount to cover design changes requested by the Department of Health Services, and authorized the Mayor and City Clerk to sign the amendment on behalf of the City.

CUP No. 680 - Time Extension - The request for a one year time extension for Conditional Use Permit No. 680 for the construction of an 84,114 square foot multiple buildings senior care facility on 5.29 acres in the R-2 (Multiple Family Residential) District located south of Fern Avenue and east of La Verne Street (applicant: Regent Assisted Living, Inc.) was continued to November 2, 1999.

Krikorian Theatre Expansion - Transit Center - Citing a possible conflict of interest, Councilmember George abstained from the following discussion. Mayor Cunningham asked for an update on progress on discussions regarding the Krikorian Theatre expansion and transit center. Community Development Director Shaw reported another meeting was held with Mr. Krikorian to discuss an alternate site for the transportation center and the expansion of the theater and his architect; no final decision was made nor was a subsequent meeting scheduled although Mr. Krikorian does not feel he can incorporate the packing house in his plan. Public Works Director Mutter reported the design of the transit center is in progress and it is scheduled to go to bid after the first of the year. At this time, a new location could jeopardize the project as we are faced with a June 30, 2000, deadline to complete the process to receive the transportation grant funds. Mayor Cunningham suggested another study session be scheduled the week after the election (November 2, 1999) for all interested parties to continue discussions.

Appointment - Housing Commission - Mayor Cunningham moved to nominate John P. Lujan to the Housing Commission to fill the vacancy created by the resignation of Troy Grantz to January 18, 2001. Motion seconded by Councilmember Banda and carried unanimously.

Appointment - Trails Committee - Mayor Cunningham moved to nominate Donna Coates to the Trails Committee to fill the vacancy created by the resignation of Harry John to February 16, 2003. Motion seconded by Councilmember Banda and carried unanimously.

Adult-Oriented Business Ordinance - Councilmember Banda reviewed the history of ordinances regulating adult-oriented businesses noting the City has made the ordinances as strict as legally possible. Ordinance No. 2424 will take effect on November 5, 1999. Police Chief Bueermann reported his department will enforce any and all applicable sections after the ordinance become effective; his department will consult with the City Attorney regarding enforcement techniques.

Resolution No. 5700 - Interpretive Pedestrian Strollway - Councilmember George explained that SANBAG approved a combined Call for Projects for both the Transportation Enhancement Activities (TEA) and TDA Article 3 programs on August 4, 1999, and he submitted a project under the pedestrian or bike facilities category entitled Interpretive Pedestrian Strollway with Mary Petite's assistance. The scope of the project includes the historic area bounded on the north by Pearl Avenue, on the south by Olive Avenue, on the east by Sixth Street, and the west by a line running south on Eureka Street to Redlands Boulevard, west of Redlands Boulevard to Buena Vista Street, and southeast on Buena Vista Street to Olive Avenue. This project will provide a self-guided walking tour of the downtown area to emphasize the cultural and historic character of Redlands and educate people to appreciate the historical treasurer we have in Redlands. Signs will be installed at the bottom of both the Orange Street and Sixth Street off-ramps of the I-10 Freeway directing motorists to the Shoppers Lane area between Eureka and Orange Streets to begin the tour. Buildings and/or historical sites to be included on the tour are the Santa Fe Depot, Crittenden Building, Phinney Building, Zanja, Citrus Building, Cope Building, City Hall, Smiley Library, Lincoln Memorial Shrine, Redlands Bowl, and Redlands Post Office. Letters of supports for this project have been received from the Redlands Area Historical Society, Redlands Conservancy, and Downtown Redlands Business Association. Asking for the City Council's support, Councilmember George moved to adopt Resolution No. 5700, a resolution of the City Council of the City of Redlands authorizing an application for FY 1999-2000 Transportation Enhancement Activities Call for Projects for the Interpretive Pedestrian Strollway. Motion seconded by Councilmember Banda and carried unanimously. Mayor Cunningham complimented Councilmember George for his efforts to obtains the funds.

Sacramento Lobbyist - Councilmember Freedman said the veto of AB 1553 could not have been accomplished without intense effort on the part of the City Council and members of our community and without the assistance of Sande George and Associates as a Sacramento lobbyist. He thanked all who participated in this process. Councilmember Freedman felt it was imperative that the City continue to have representation in Sacramento at the earliest stages of the 2000 legislative season, and asked for the City Council's support and moved to direct the City Manager to initiate asking for quotes for lobbying services and to report back to the City Council for its consideration; motion seconded by Councilmember Banda. Councilmember Gilbreath felt the League of California Cities involvement in State legislative matters was sufficient and much more cost effective. Councilmember George indicated he was willing to look at costs but warned he may not be supportive if the cost was excessive. The motion carried with Councilmember Gilbreath voting NO.

Federal Disaster Recovery Funds - Public Works Director Mutter announced the City of Redlands has been preliminarily awarded a $1 million Federal Disaster Recovery Initiative grant from the Department of Housing and Community Development's CDBG program. These funds will be used for a long-needed storm drain improvement project of the Zanja at Redlands Boulevard and Ninth Street. He commended Mary Petite for her research and preparation of the presentation for this grant application. This award is contingent upon the Department of Housing and Urban Development's approval of the State's Action Plan.

AB 1553 - A letter from Governor Gray Davis, explaining his stance on AB 1553's veto, indicated that if no progress is made on a fair and equitable resolution of the development of the property known as the Donut Hole and service responsibility issues, that he would look favorably on similar legislation next year. Mayor Cunningham felt the City should pursue the possibility of a mediator to work with the City and property owners. He suggested contacting the Governor's Office for assistance. Charles House, board member of the United Donut Hole Property Owners Association which represents approximately 90 percent of the assessed valuation of the property in the Donut Hole, addressed the City Council regarding the mediation proposal. Mr. House informed Councilmembers that his association is not interested in being a pawn in the upcoming election and reviewed the problems they have with the mediation proposal and presented suggestions as how to proceed with "good faith" negotiations. He closed his lengthy comments requesting the City Council meet with them after the November election and come to a "win win" resolution. Councilmembers discussed this matter at length with Mayor Cunningham leading this discussion. Councilmember George felt we owed Governor Davis a great deal for this courage to veto this bill, and expressed his desire for both sides to get together and negotiate this before it has to go back to the Governor. Mayor Cunningham expressed his delight to find some one (referring to Mr. House) who was willing to sit down at the table to negotiate a development agreement. He and Councilmember Banda expressed their willingness to represent the City at the negotiations.

The City Council meeting recessed at 3:57 P.M. to a Redevelopment Agency meeting and reconvened at 3:58 P.M. to a closed session to discuss the following:

1. Conference with legal counsel: Existing litigation - Government Code Section 54956.9(a) - Cuaron v. City of Redlands - SCV 54931

The meeting reconvened at 7:00 P.M.

Live Oak Grove - Tentative Tract No. 15469, located south of the terminus of Sutherland Drive, Ashforth Drive and South Lane in San Timoteo Canyon, has been reviewed by the Planning Commission with the recommendation to approve the project. Within this property is a grove of California Live Oak trees some of which will be designated as open space within the development. Mrs. Theodora Banta has offered to the City 5,000 shares of various appreciated stocks with which to purchase Lots 10, 11, 12, 6 and portions of Lots 13, 15, and 5 for the citizens of Redlands and to save the live oaks and the indigenous flora and fauna. She also felt that changes were needed to the layout of the lots and roads. Encouraging the City Council to accept this offer were: Peter Coonradt, Ted Balph, John Nill Hoefs, and Anne Monike. Councilmembers were most appreciative of this generous offer from Mrs. Banta and discussed the tax implications for her as well as the need for the Mr. Gresham (Ross) Roskamp, the developer, to be willing to change the configuration of his development. Councilmember Freedman moved to continue this discussion to the November 2, 1999, meeting to allow Mrs. Banta and Mr. Roskamp to have a meeting. Motion seconded by Councilmember George and carried with Councilmember Cunningham voting NO as he wanted to act at this meeting.

Tentative Tract No. 15469 - Gresham (Ross) Roskamp - Public hearing was continued to this time and place to consider a Socio-Economic Cost Benefit Study, Tentative Tract No. 15469, and an accompanying Negative Declaration for the subdivision of 110.3 acres into 24 residential lots located south of the terminus of Sutherland Drive, Ashforth Drive and South Lane in Specific Plan No. 47 (Gresham [Ross] Roskamp, applicant). Development Director Shaw explained that the applicant has requested this item be continued to December 7, 1999. On motion of Councilmember Freedman, seconded by Councilmember Banda, this item was unanimously continued as requested.

Tentative Tract No. 16029 - Inland Cities Corporation - Public hearing was advertised for this time and place to consider a Socio-Economic Cost Benefit Study, Tentative Tract No. 16029, and an accompanying Negative Declaration for the subdivision of 9.69 acres into 33 residential lots and one lettered lot in the R-1 (Single Family Residential) District on property located on the northwest corner of Pioneer Avenue and Church Street (Inland Cities Corporation, applicant). Community Development Director Shaw review this project and the recommendation of the Planning Commission. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. On behalf of the applicant, Jim Ahmad was present to answer any questions. There being no further comments, the public hearing was declared closed. Councilmember Banda moved to approve the Environmental Review Committee's Negative Declaration for Tentative Tract No. 16029 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 approve the Socio-Economic Cost Benefit Study for Tentative Tract No. 16029 as the project will not create unmitigable physical blight or over-burden public services in the community, and no additional information or evaluation is needed, and that the proposed project, based on the overall Fiscal Impact Analysis, will provide the City with a positive annual revenue/cost ratio of 1.215. Motion seconded by Councilmember Banda and carried unanimously. Councilmember Banda moved to approve Tentative Tract No. 16029, subject to the Conditions of Approval contained in the Planning Commission minutes dated September 14, 1999, and subject to the following findings:

1. That the proposed map is consistent with the policies, land use designation, and density prescribed by the General Plan;
2. That the proposed project qualifies as "infill" in accordance with the criteria established in Policy 2.2.3(a) of the Redlands Municipal Airport Land Use Compatibility Plan;
3. That the design and improvements of the proposed subdivision are consistent with City standards;
4. That the site is physically suitable for the type 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 the type of improvements will not conflict with easement, acquired by the public at large, for access through or use of, property within the proposed subdivision; and
7. That pursuant to California Government Code Section 66474.6, the discharge of waste from this subdivision apparently will not result in violation of existing requirements prescribed by the Santa Ana Regional Water Quality Board pursuant to Division 7 of the California Water Code.

Motion seconded by Councilmember Freedman and carried unanimously.

Resolution No. 5703 - Stop Signs - Public Works Director Mutter reported the Traffic and Parking Commission unanimously recommended denial of a request for a four-way stop at the intersection of Palm Avenue and Grove Street by installing stop signs on Grove Street at its meeting held on July 22, 1999. An appeal to this recommendation was filed by Councilmember Freedman. Initially, the request was submitted to the Traffic and Parking Commission by Damon Bogan, 1314 East Palm Avenue. Currently, there are stop signs on Palm Avenue but not on Grove Street. the primary reason for the existing stop signs on Palm Avenue is to force the east and west bound traffic to stop and cross a gutter dip located along the east side of Grove Street at a slow speed to prevent potential injury to passengers and vehicles. Research of the reported accidents at this intersection indicated there was one reported accident in 1999, two in 1998, two in 1997, two in 1996, and one in 1994. Based on the accidents, this intersection does not meet the accident warrant according to the Caltrans Traffic Manual. The intersection also does not meet the warrant for a minimum traffic volume outlined in the Caltrans Traffic Manual in order to qualify for a four-way stop intersection. According to the Institute of Transportation Engineers, stop signs should not be installed arbitrarily. The stop sign causes interruption to the smooth flow of traffic and inconvenience to the drivers. This may result in forcing drivers to use an alternative route which was originally not designed to accommodate the increased traffic flow, causing additional traffic problems. The stop sign also reduced efficiency of the vehicle, increases wear and tear on the vehicle, and contributes to air pollution. Public Works Director Mutter concluded that it is important to recognize that standards, policies, and guidelines issued by the State of California, Caltrans, and the Institute of Traffic Engineers, which are based on years of studies, experiments, analyses using accumulated traffic engineering knowledge, have proven to work in the real world. Variance from standards, policies, and guidelines should only be considered in exceptional cases. Calling the intersection dangerous and urging the City Council to authorize the installation of stops signs on Grove Street were nearby residents: Lucyndi Bogan, Robert M. Jaime, and Damon Bogan. A petition supporting this request and representing 20 households near the intersection was also submitted by Mr. Bogan. Councilmember Freedman moved to approve this appeal and adopt Resolution No. 5703, 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: erect stop signs on Grove Street at Palm Avenue making the intersection of Palm Avenue and Grove Street a four-way stop. Motion seconded by Councilmember Banda and carried unanimously.

Pre-Annexation Agreement - Mountainview Power Company - Community Development Director Shaw reported that as a part of the negotiations with Mountainview Power Company regarding annexation of land they own at the northeast corner of Mountain View Avenue and San Bernardino Avenue, it was agreed that Mountainview Power would request approval of a pre-annexation agreement. A revised copy of the proposed pre-annexation agreement was received via facsimile on Monday, October 18, 1999, and extends the completion date to February 1, 2000. Councilmember Freedman moved to approve the Pre-Annexation Agreement between the City of Redlands and Mountainview Power Company with the finding that this action is exempt from the California Environmental Quality Act under Section 15061(b)(3). Motion seconded by Councilmember Banda and carried unanimously.

Agreement - CH2M-Hill - Donut Hole Issues - Municipal Utilities Director Phelps reported in August of 1996, the City of Redlands entered into an Agreement to Furnish Engineering Consulting Services on Water and Wastewater Issues with the firm of CH2M-Hill. The Water and Wastewater Issues Study was comprised of individual "task orders" for engineering consulting support to the City of Redlands associated with development in the Donut Hole. The Water and Wastewater Issues Study anticipated that there would be a continuing effort by CH2M-Hill to provide additional services through task orders by amendment to our agreement as future situations required. Currently, the City of Redlands is faced with the requirement to provide a response to the Joint Legislative Audit Committee of the California Legislature regarding the value of municipal utility facilities that serve the Donut Hole. This will require a study of the cost, economic, and engineering factors to determine the value of the City's investment in the Donut Hole. At the City Council meeting on October 5, 1999, the City Council ordered that the City retain the firm of CH2M-Hill to audit our investments in the Donut Hole. City Manager Luebbers noted the amendment should not exceed the amount of $13,400.00 which is remaining from the amounts that were previously anticipated and authorized for CH2M-Hill for prior task orders. This amount may not complete research needed and staff may have to return to the City Council for an additional appropriation. Councilmember Freedman moved to approve Amendment No. 3 to the Agreement to Furnish Engineering Consulting Services on Water and Wastewater issues with CH2M-Hill in an amount not to exceed $13,400.00; motion seconded by Councilmember Banda. Councilmember Gilbreath felt the State should do the audit without cost to the taxpayers of Redlands. Councilmember Cunningham questioned if this matter could be continued until after the election. City Manager Luebbers responded the State Committee gave us a deadline which has expired but that they are awaiting action tonight before proceeding. He indicated he could ask for a two week continuance not knowing when we would "cross the line." The motion then carried with Councilmember Gilbreath voting NO.

Minor Subdivision No. 245 - Dry Sewer Requirement Waiver - Municipal Utilities Director Phelps reported a request has been received from Urban Environs, representing John D. McAlearney, Jr., Trustee of the Clan McTrust UDT, to waive the dry sewer requirement for Minor Subdivision No. 245 located on Chaparral Drive, south of Sunset Drive. Staff has reviewed the written request and determined that the three items noted in the request do comply with the three requirements of Section 13.44.080.D of the Redlands Municipal Code and provide the basis for the City Council action to waive the dry sewer requirement. Councilmember Banda moved to waive the dry sewer requirement for Minor Subdivision No. 245. Motion seconded by Councilmember Cunningham and carried unanimously.

AB 1553 - Donut Hole - Mr. Robert Rappuchi asked Councilmember Gilbreath whether or not she supported AB 1553. She responded that she had been contacted by Senator Brulte but declined to sign a letter of support.

There being no further business, the City Council meeting adjourned at 8:16 P.M. The next regular meeting will be held on November 2, 1999.

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

PRESENTATION

Helen Putnam Award - Riverside Mayor Ron Loveridge, on behalf of the League of California Cities, announced the City of Redlands was the proud recipient of the 1998 Helen Putnam Award of Excellence honored for its Community Based Customer Service Program. A plaque was presented to Mayor Cunningham on behalf of the City who also introduced the following staff members representing their departments: Gary Phelps, Municipal Utilities Department Director; Jim Grant, Code Enforcement Officer, Community Development Department; Richard Hulbert, Downtown Community Policing Corporal, Police Department; Mitch McKee, Battalion Chief, Emergency Services, Fire Department; Janet Miller, Administrative Assistant, Municipal Utilities Department; and Brenda McGlasson, Acting Billing Office Manager, Municipal Utilities Department. Mayor Cunningham commended staff who do yeoman work and are examples of the employees Redlands has the pleasure of having.

Presentation - Certificates of Commendation were presented by Fire Chief Mel Enslow to Redlands High School students Tami Lopez and Nicole Hadfley for immediately alerting the Fire Department of a dangerous situation at 1173 West Sunset Drive. Oily rags were incorrectly stored; resulting in spontaneous combustion fire which had already spread to a five-gallon lacquer container. A potentially disastrous event was averted if the fire spread to the three story home or to San Timoteo Canyon.

Councilmember Freedman announced that this day is Mayor Cunningham's birthday.

Minutes - On motion of Councilmember Gilbreath, seconded by Councilmember Banda, the minutes of the regular meeting of September 21, 1999, 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 September 28, 1999, was acknowledged as received.

Environmental Review Committee - On motion of Councilmember Gilbreath, seconded by Councilmember Banda, the report of the Environmental Review Committee meeting held on September 27, 1999, was acknowledged as received.

Ordinance No. 2424 - Adult-Oriented Businesses - Ordinance No. 2424, an ordinance of the City of Redlands amending Chapter 8.76 of the Redlands Municipal Code relating to the operation of adult-oriented businesses and repealing Ordinance No. 2421, 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

Fee Waiver - Redlands Morning Kiwanis Club - On motion of Councilmember Gilbreath, seconded by Councilmember Banda, Council unanimously approved a waiver of fees to the Redlands Morning Kiwanis Club for a $30.00 special electric inspection fee and $335.00 rental fee of a 40 cubic yard roll-away trash bin for their annual haunted house at 458 E. Highland Avenue October 23, 1999 through October 31, 1999.

Agreement - Redlands Adult School - An Independent Contractor Agreement between the City of Redlands Recreation Bureau and Redlands Adult School to provide specialized classes for adults at the Community Center and senior centers was unanimously approved and the Mayor and City Clerk authorized to sign documents on motion of Councilmember Gilbreath and seconded by Councilmember Banda.

Beta Site License Agreement - ESRI has offered to provide the City with ARC Logistics Route software for use in support of the Solid Waste Division's routing functions at no cost in exchange for the ability to test this feature in a real solid waste operation. On motion of Mayor Cunningham, seconded by Councilmember Freedman, the ESRI Beta Site License Agreement, Contract No. 99S3823, for ARC Logistics software, was unanimously approved.

Master Loan Agreement With Compaq - The City of Redlands was awarded a grant from ESRI to develop and implement a GIS mapping program as part of the GIS Satellite Communications Network Public Safety Demonstration Project which will enable the Fire Department to inform and serve the residents in a more efficient and pro-active manner. The agreement ensures ownership of the computers is maintained by Compaq Corporation until the City decides to purchase or return them. Councilmember Gilbreath expressed concern that the City may not be granted reasonable time to convert back to previous procedures if Compaq Corporation exercises the right to request return of the equipment and software City Attorney McHugh stated he could correspond with Compaq Corporation and negotiate terms that would be more equitable. On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the Master Loan Agreement with Compaq Computers was approved unanimously pending revision to the two items discussed.

Sewer Easement though Franklin Park - Property owners of vacant property at 16 Campbell Avenue requested permission to install a private sewer lateral through a portion of Franklin Park, located on the northerly side of Garden Street at Franklin Avenue, in order to construct a home and connect to the City's sewer system. On motion of Councilmember Gilbreath, seconded by Councilmember Banda, Council unanimously approved the execution of an easement for a private sewer line through Franklin Park and authorized the Mayor and City Clerk to sign the document on behalf of the City.

Funds - U.S. Department of Justice School Based Partnership Grant - Redlands Police Department was awarded a grant to enable participation in a crime prevention program designed to prevent violence between Hispanic students living in the City of Redlands or attending Redlands Unified School District schools. Grant funds provide for the hiring of a full-time civilian coordinator to act as a campus facilitator, six computers and an optical imaging station. Noting that the Police Department has been awarded a staggering amount of grants and Kudos to their hard work Councilmember Gilbreath moved to accepted the U.S. Department of Justice School Based Partnership grant award of $144,780.00 and authorized an additional appropriation of $144,780.00 to the Police Department to fund the grant. Motion seconded by Councilmember Freedman and carried unanimously.

Legislative Bulletin - Councilmember Banda read from the Legislative Bulletin dated September 17, 1999, describing how numbered Assembly Bills can be totally gutted and language for an entirely different bill on a different subject can be inserted keeping the same number. This is a classic example of how the process can be circumvented.

Freeway Soundwalls - Public Works Director Mutter reported that Caltrans has developed a master plan for I-10 improvements through Redlands which calls for the ultimate widening to five lanes in each direction. Caltrans must look at the construction of soundwalls along areas developed with residential neighborhoods, generally the entire northerly side of the freeway between Sixth Street and Highland Avenue and the southerly side of the freeway between Central Avenue and Highland Avenue, to mitigate potential noise impacts associated with increased freeway capacity. The proposed walls would be generally constructed of block materials to a height of 12 feet. Staff agrees with the need, but has reservations about the height along elevated sections, lack of landscaping along internal portions, and the view from residential areas will be hampered. It is anticipated that the soundwalls will be constructed about 2005 or 2006. Caltrans is requesting City input as to their desires on the construction of soundwalls as part of the widening project. Councilmember Freedman expressed the importance of including City staff and the citizens of Redlands in the process. He then moved to support the installation of soundwalls along Interstate 10 through Redlands during freeway widening and to include a cooperative effort between Caltrans and Redlands' citizens and staff. Motion seconded by Councilmember Banda and carried unanimously.

Policies for Broadcasting on City Government Channel - Councilmember Banda stated she put this item on the agenda because she is aware service clubs, like the Contemporary Club, would like to broadcast informative videos. The Council has not yet addressed implementing the City's government channel for community groups and organizations. According to our franchise with TCI, Channel 3 is designated as a "government channel" not a "community channel." She would like to direct staff to research other cities and draft policies and guidelines that would allow public, non-profit local community organizations to air videos of local events. City Attorney McHugh cautioned that once you start opening up a station, unless you have very narrow rules, you could become public. He will bring back a draft policy for Council's review, stressing the definitions contained in the draft will be very important. Councilmember Freedman asked instead that staff bring back a report on what we can do and cannot do; he would rather know what the ramifications are in advance. Councilmember George added that we must be careful to limit programming to government-related events; otherwise anyone with a video could demand airing anything. Guidelines must be narrowly prescribed. Councilmember Gilbreath stated TCI already does a good job airing public events like "Chamber Live." This is probably not an area the City should be involved in. Councilmember Banda moved to direct staff to research this and bring back a preliminary draft November 2, 1999, so that regulations and ramifications can be explored. Motion seconded by Councilmember Freedman and carried with Councilmember Gilbreath voting NO.

Solid Waste Rate Options - Councilmember George stated he wanted to know if there could be a solid waste reduced rate alternative for those residents taking measures to reduce impacts on the landfill and moved to direct staff to report back whether this was feasible. Councilmember Banda seconded and added that the City should reward citizens; there must be something we can do to create an incentive. Councilmember Freedman questioned how do you determine who pays less? Accumulating trash for less pick-up might be a health and safety issue; neighbors may begin to complain. Motion carried with Councilmembers Gilbreath and Freedman voting NO.

Legislative Audit Committee Information Request - AB 1553 -
City Manager Luebbers reported that AB 1553 is on the Governor's desk and he has until October 10, 1999, to take action. The Council on September 21, 1999, chose not to make a response to the State Joint Legislative Audit Committee because the request came in the same day of the meeting; however, that was not viewed because the Committee chairman is still obligated to act on the audit request. Mr. Luebbers suggested retaining the firm of CH2M-Hill to audit our investments in the "donut hole." This firm is knowledgeable with our system and facilities. Councilmember Freedman concurred and moved to retain the firm of CH2M-Hill. Councilmember Banda agreed it was a good idea to secure professional services to put together a report of what our investments are. Mayor Cunningham stated unless we make a claim to the State Department of Finance, it would be a waste of rate payers funds. Some of the services in the "donut hole" go back to the 1940s and 1950s. It is going to be an expensive task to put this data together but cannot think of any other firm who would be more skilled. Councilmember Gilbreath stated she could not support the motion. We spend too much on this effort; this would further damage our reserves so she could not support this request. Councilmember George concurred and seconded the motion provided we not take action on the contract until we are informed the Governor has signed the bill. Councilmember Freedman stated he does want to respond to the Committee and to hire a professional firm because at some time we will need the information. Councilmember George withdrew his modification to the motion. City Manager Luebbers clarified that the information is wanted by the Committee whether the Governor vetoes AB 1553 or not; this is a matter of cooperation. Motion carried with Councilmember Gilbreath voting NO.

Sports Complex - Mayor Cunningham asked for this to be placed on the agenda to discuss master planning for a future sports complex. Approved new home construction in the area is significant and will impact roads as well as schools. Mayor Cunningham moved to direct staff to contact Redlands Unified School District staff, AYSO representatives, individuals involved in residential planning, and any other groups interested in sports facilities to explore the best alternatives. Motion seconded by Councilmember Banda and carried unanimously.

Krikorian Theatre Expansion and Transit Center Project - Councilmember George excused himself from participating in the discussion because of a possible conflict of interest. Mayor Cunningham reported on a meeting held September 23, 1999, which brought together the Chamber of Commerce, DRBA, Redlands Conservancy, Mayor Cunningham, Councilmember Banda and Mr. George Krikorian regarding the theater expansion. Another meeting was held October 1, 1999, to explore funding for the Transit Center, parking, Krikorian Theatre's expansion, and the feasibility of a 110-130 room hotel where Coast Federal is presently located. Public Works Director Mutter reported to Councilmembers on the Transit Center location, design phases, the bus terminal and conditions for Metrolink coming to Redlands. The only feasible location for Metrolink is the Santa Fe Station and the bus terminal must be in close proximity to satisfy Omnitrans and Metrolink. We could loose $300,000.00 in funding if we do not move forward. Mayor Cunningham stressed we have an urgent timeline. It is imperative that this item is agendized on all future agendas for updates. Mr. Robert Frost then addressed Council saying that he supported working with Mr. Krikorian for development of the whole area because it will benefit the whole City; expanding the facility and eliminating the packing house will augment the whole area.

Noting that the need to take action was immediate, Councilmember Gilbreath moved to add the following items to the agenda which arose subsequent to the agenda being posted:

1. Closed session: Conference with legal counsel: Anticipated litigation - Government Code Section 54956.9(c): one case

Motion seconded by Councilmember Banda and carried unanimously.

The City Council meeting recessed at 4:04 P.M. to a Redevelopment Agency meeting and reconvened at 4:10 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 Case No. 797365
   - H & E Center v. City of Redlands/Lowe's Case No. SCVSS58528
   - Michael St. James v. City of Redlands Case No. EDCV98-0067RT
2. Administrative Proceedings:
   - SBVMWD State Water Board Application for Santa Ana River
3. Conference with real property negotiator Government Code ?54956.8
   Property: Portion of Tentative Tract No. 15469
   Negotiating parties: Councilmember Banda and Gresham Roskamp
   Under negotiation: Terms and price

The meeting reconvened at 7:00 P.M.

Tentative Tract No. 15469 - Gresham (Ross) Roskamp - Public hearing was continued to this time and place to consider a Socio-Economic Cost Benefit Study, Tentative Tract No. 15469, and an accompanying Negative Declaration for the subdivision of 110.3 acres into 24 residential lots located south of the terminus of Sutherland Drive, Ashforth Drive and South Lane in Specific Plan No. 47 (Gresham [Ross] Roskamp, applicant). Development Director Shaw explained that the applicant has requested this item be continued to October 19, 1999. On motion of Councilmember Freedman, seconded by Councilmember Banda, this item was unanimously continued to the City Council meeting of October 19, 1999, at 7:00 P.M.

Resolution No. 5673 - Vacate portion of Margarita Drive - Public hearing was advertised for this time and place to consider a proposed street vacation as the result of a condition of approval imposed on Tentative Tract No. 15040 by the Public Works Department in 1990 which required the applicant to dedicate for and construct a standard cul-de-sac at the northerly terminus of Margarita Drive which was recorded with the Tract Map. However, the applicant was unsuccessful in acquiring the additional property that would enable the construction of the standard cul-de-sac. On March 2, 1999, the City Council reviewed this issue and unanimously voted to waive the requirement. Mayor Cunningham opened the public hearing, none being forthcoming the public hearing was declared closed. On motion of Councilmember Banda, seconded by Councilmember Freedman, Council unanimously approved Resolution No. 5673, a resolution of the City Council of the City of Redlands finding that a portion of a certain street is unnecessary for present or prospective street purposes and ordering the vacation of said portion, Street Vacation No. 114.

Resolution No. 5688 - Socio-Economic Analyses/Cost Benefit Studies Fee - Public hearing was set for this time and place to consider Resolution No. 5688 adopting a fixed fee for Socio-Economic Analyses/Cost Benefit Studies. The concept of using a deposit was utilized in the interim as a result of Measure U. Mayor Cunningham opened the public hearing, none being forthcoming, the public haring was closed. On motion of Councilmember Banda, seconded by Councilmember Freedman, Council unanimously approved Resolution No. 5688 to amend the City Fee Schedule adopting a fixed fee for Socio-Economic Analyses/Cost Benefit Studies that involve a negative or mitigated negative declaration or are otherwise exempt from California Environmental Quality Act.

Ordinance No. 2418 - Security alarm Systems - Police Chief Bueermann reported that false alarms have significantly impacted the department's resources and call load. Man hours utilized in response to the false alarms averaged 185.6 hours per month for a year-to-date cost of $35,431.78. Under the proposed ordinance, alarm users will be required to obtain a permit by filing an application with the Police Department. Permits may be denied or revoked under certain circumstances. Finally, the ordinance grants the Police Chief authority to institute an immediate non-response policy for any violation of sections contained in Chapter 5.12 of the Municipal Code after appropriate notification has been given to the alarm user and any alarm company involved. Ordinance No. 2418, an ordinance of the City of Redlands amending Chapter 5.12 of the Redlands Municipal Code relating to security alarm systems, was read by title only by Deputy City Clerk Sanchez, and on motion of Councilmember Banda, seconded by Councilmember Freedman, further reading of the ordinance text was unanimously waived, and Ordinance No. 2418 was introduced with unanimous Council approval and laid over under the rules with adoption scheduled for October 19, 1999.

Resolution No. 5691 - Five-Year Capital Improvement Plan and Twenty-Year Transportation Plan - Mayor Cunningham asked that the Resolution No. 5691 be acted on in two segments due to his conflict of interest on the Twenty-Year Transportation Plan - Fern Avenue/San Timoteo Canyon Road to Terracina Boulevard. All Councilmembers concurred. On motion of Councilmember Banda, seconded by Councilmember Freedman, Resolution No. 5691, adopting the Five-Year Capital Improvement Plan and Twenty-year Transportation Plan related to Measure I, excluding the Twenty-Year Transportation Plan - Fern Avenue/San Timoteo Canyon Road to Terracina Boulevard, widen and reconstruct item, was unanimously approved. On motion of Councilmember Freedman, seconded by Councilmember Gilbreath, the Twenty-Year Transportation Plan - Fern Avenue/San Timoteo Canyon Road to Terracina Boulevard, widen and reconstruct item, was approved with Mayor Cunningham abstaining.

Therapeutic Swim Program at Heisner/Selzer Pool - Police Chief Bueermann reported on the history of the pool at Mission Elementary School pointing out the many costly repairs, down time, and revenue versus expenses resulted in a program net loss of $34,127.00 for fiscal year 1998-99. Currently there are 35 people registered for therapeutic swim classes, 15 are Redlands' residents. The Recreation Commission voted unanimously to recommend, regretfully, that the Council discontinue the program and requested Council authorize to redistribute aquatics funds into other youth programs and services. Speaking from the audience Sue McClesky wanted to know why the program participants were not part of the decision-making and who are the Recreation Commissioners? Jeanie Megar, of Calimesa, thanked the Council for the time they were able to utilize the pool for therapy. Councilmember Gilbreath added that because of under-utilization and down time of the pool, the City lost the Arthritis Foundation Grant. Mayor Cunningham explained that the property belongs to the Redlands Unified School District and he understands the District may have other plans for the property in January, 2000. Councilmember Banda then moved to discontinue the therapeutic swim program held at the Heisner/Selzer Pool, and authorized staff to provide notification of cancellation to Redlands Unified School District for use of the facility; and to redistribute the aquatics funds to other youth programs and services offered by the Recreation Bureau. Motion seconded by Councilmember Freedman and carried unanimously.

Mr. Lansing White explained to Council that unfortunately his son, who will speak next, was recently arrested and acted out in a way that felony charges were made against him. He is speaking out because his son made a mistake and is looking for compassion. If convicted, his son will not be able to vote or join the military service. Dustin White stated he would like to apologize to the City of Redlands; for ten minutes of speaking out, he will be convicted.

Mayor Cunningham then gave the following report of closed session items:

1. Lockheed Martin - Potential Litigation

   Lockheed Martin made an offer to settle any potential claims the City has for the sum of $3.7 million. There are no "strings" attached to the Lockheed proposal which will adversely affect the City. The City Council accepted Lockheed's offer and authorized City staff to finalize the paperwork in connection with the settlement.

2. H & E Bros., Inc., v. City of Redlands

   H & E proposes to dismiss its lawsuit against the City (with prejudice) provided the City does not seek to recover any costs for attorney's fees against H & E. The dismissal/settlement agreement will acknowledge that the City will provide information to H & E on the mitigation measures that the City has imposed on the Lowe's project. Further, the City and Lowe's will agree to take temporary measures to ensure there are no "traffic jams" associated with opening day of the Lowe's project. City Council approved the agreement and will be finalized to dismiss the case.

3. Redlands Crossing (State lawsuit)

   The City has received a settlement offer from Redlands Crossing that it will now dismiss its appeal and end the litigation if we dismiss our attorneys' fees claim. Council agreed to accept the proposal and with the City's prevailing in Federal court against Redlands Crossing, it now appears the litigation with Redlands Crossing will soon be over.

LATE BREAKING ITEM

Noting that the need to take action was immediate, Councilmember Gilbreath moved to add the following items to the agenda which arose subsequent to the agenda being posted:

1. Closed session: Conference with legal counsel - Existing litigation - Government Code Section 54956.9(a) - Aaron Van Mill v. City of Redlands
   - San Bernardino Superior Court (SVC 51090)
   Motion seconded by Councilmember Banda and carried unanimously.

There being no further business, the City Council meeting adjourned at 7:35 P.M. The next regular meeting will be held on October 19, 1999.

The meeting was opened with an invocation by Councilmember George 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 September 7, 1999, 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 14, 1999, was acknowledged as received.

Environmental Review Committee - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the report of the Environmental Review Committee meeting held on September 13, 1999, was acknowledged as received.

Proclamation - Geography Awareness Week - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously authorized issuance of a proclamation declaring the week of November 15-19, 1999, as National Geographic Awareness Week to promote geographic literacy in schools.

Ordinance No. 2420 - Mobile Home Rent Arbitration - Ordinance No. 2420, an ordinance of the City of Redlands amending Chapter 5.48 of the Redlands Municipal Code relating to mobile home rent stabilization and costs for mobile home rent control arbitration proceedings, 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

Contract Award - Colton/Wabash Intersection - Bids were opened and publicly declared on July 29, 1999, by the City Clerk for construction of the Colton/Wabash Intersection Improvements 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 Eastland Construction, Inc., San Bernardino, in the amount of $634,143.75, and it would be in the best interest of the City that this contract be awarded to said firm. Councilmember Freedman noted this was an important contract and that the improvements will benefit the Redlands East Valley High School, and he urged the citizens to contact the Local Agency Formation Commission Board Members to vote for approval of our renewed request for annexation of the school property. Councilmember Freedman moved to approve the Environmental Review Committee's Negative Declaration for the Colton/Wabash Intersection Improvements project 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 Gilbreath and carried unanimously. On motion of Councilmember Freedman, seconded by Councilmember Gilbreath, the City Council unanimously awarded the contract as recommended and the Mayor and City Clerk were authorized to sign the contract on behalf of the City.

Metricom Agreement - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved an Attachment Permit Agreement between the City of Redlands and Metricom, Inc. for the installation, operation and maintenance of a wireless data communications system in the City of Redlands and authorized the Mayor and City Clerk to sign the agreement on behalf of the City.

Transportation Enhancement Activity Call - Public Works Director Mutter reported that on August 4, 1999, SANBAG's Board approved a combined Call for Projects for both the Transportation Enhancement Activities (TEA) and TDA Article 3 programs. The TEA program is designed to provide transportation enhancements above and beyond what is normally required for the mitigation of transportation projects. Staff has initiated an informal meeting with representatives of Caltrans, District 8, to discuss partnership efforts to secure TEA funds. In this meeting, participants identified one project that will offer the City and Caltrans the opportunity to enhance landscaping and visual effects at the gateway to the City of Redlands. Eric Figueroa, representative from Caltrans, presented sample pictures of possibilities of highway art depicting well-known scenes of Redlands at the undercrossings at Orange Street, Eureka Street, and Sixth Street. Councilmember George also noted projects he is working on for historical signage, pedestrian wayfinding, and bicycle access. On motion of Councilmember George, seconded by Councilmember Gilbreath, the City Council unanimously authorized staff to apply for the Fiscal Year 1999 Transportation Enhancement Activity Call for Projects to enhance landscaping and visual effects on the north side of the I-10 slope/easement between Eureka and Sixth Streets and the freeway underpass abutments on Eureka Street and Orange Street.

Agreement - Wackenhut - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved the independent contractor agreement between the City of Redlands and The Wackenhut Corporation for jail services at the Redlands Police Department. COPS funds, as established by AB 3229, will be utilized for this service.

Resolution No. 5690 - Wildfire Disaster Assistance - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5690, a resolution of the City Council of the City of Redlands authorizing designation of the applicant's agent to obtain Federal and Natural Disaster Assistance Act Financial Assistance (FEMA-3140-EM/NDAA-99-05-Severe Fires). This resolution will allow the City to apply for disaster assistance funds as relates to the many state-wide wildfires during the past August.

ESRI Livable Community Grant - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously authorized staff to apply for an ESRI Livable Communities Grant Series Community Development Grant. The goal of this program is to foster and support the integration of geographic information systems and will be implemented in the Community Development Department.

Agreements - Recreation Bureau - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved independent contractor agreements between the City of Redlands Recreation Bureau and Jody Hoelle (storytelling workshop), Cinda Brunken Peterson (life story writing workshop), Catherine Ducus (performing arts), and Renee Fox (jazz dance) and authorized the Mayor and City Clerk to execute the agreements on behalf of the City.

Lease Agreement - Police Substation - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved an amended lease agreement between the City of Redlands and 7-Eleven, Inc. for the Citrus Avenue police substation and authorized the Mayor and City Clerk to execute the agreements on behalf of the City.

Proposal - Cost Allocation Plans - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously accepted a proposal from David M. Griffiths & Associates, Ltd. (DMG) to prepare citywide service cost allocation plans in accordance with applicable State and Federal guidelines. In addition to the cost allocations plans, DMG will provide the City with the software and training on the software to enable the City to perform its own annual updates of the plans.

Lease - Redlands Municipal Airport - Councilmember Banda expressed excitement about the concept presented by Coyote Aviation for the development of lease parcel on the West Ramp at the Redlands Municipal Airport to develop a project to construct hangers, restrooms, office areas, a lobby/pilot lounge and a future restaurant. As cited in the staff report prepared by Public Works Director Mutter, long term impact would be positive. Lease payment would be made to the City, and with the development of these facilities on the West Ramp, increased rental of City-owned tie-down spaces can be anticipated. This revenue would be used to fund airport administration and operations. It would also reduce the annual General Fund subsidy to the Special Aviation Fund and could allow for some repayment of past subsidies. Representing Coyote Aviation, Gil Brown told Councilmembers they are looking forward to this project. Councilmember Banda moved to approve the concept presented and directed staff to begin the process of negotiating a lease, including the necessary appraisal for the establishment of an appropriate lease rate. Motion seconded by Councilmember George and carried unanimously.

Resolution No. 5687 - DBE Program - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5687, a resolution of the City of Redlands establishing a Disadvantaged Business Enterprise (DBE) Program and appoint a DBE Liaison Officer and establishing DBE goals, and rescinding Resolution No. 5556. State and Federal agencies require this program prior to performing street construction projects using Federal and/or State highway monies.

Settlement Agreement - Sharon Scott Lawsuit - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved a mutual release agreement between the Redlands Unified School District and the City of Redlands relating to the Sharon Scott lawsuit (SCV 37417) and authorized the Mayor and City Clerk to execute the agreements on behalf of the City.

World Harvest Church Service - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved the request by World Harvest Church to conduct a church service on private property at the southeast corner of Lugonia Avenue and Texas Street on Friday, September 24, 1999, from 7:00 P.M. to 10:00 P.M.

Stop Signs - Palm Avenue and Grove Street - Councilmember Freedman moved to continued the appeal for a request, which was denied by the Traffic and Parking Commission at their meeting held on July 22, 1999, for a four-way stop at the intersection of Palm Avenue and Grove Street by installing stop signs on Grove Street to the October 19, 1999, meeting at 7:00 P.M. to allow the neighbors the opportunity to present their request. Motion seconded by Councilmember Gilbreath and carried unanimously.

League of California Cities - Councilmember Banda reported that at a League dinner meeting held last week, she asked that the League's year-end report consolidating State legislation also include the information on the League's stand and results. She asked that a committee be formed to development communications with State legislators.

AB 1553 - Claim against the State - At the request of Mayor Cunningham, City Manager Luebbers reviewed a demand letter dated September 17, 1999, from Scott Wildman, Chairman of the State Joint Legislative Audit Committee, for a detailed accounting of the $5.5 million dollar utility infrastructure cost in the "donut hole" which will contribute to the decision on whether to direct the Bureau of State Audits to conduct a comprehensive fiscal and performance audit. This request came when Mayor Cunningham indicated that if AB 1553 was signed into law, the City would possibly submit a claim against the State for reimbursement of these costs. Councilmembers felt this request was premature; that the City Council would address filing a claim if AB 1553 is signed by the Governor and becomes law in January, 2000. Mayor Cunningham asked staff to contact the State Department of Finance and inquire how to file a claim against the State.

Friends of Hillside Park Group - Mayor Cunningham reported the Hillside Park Group has done a yeoman job during the past 18 months but that there is a great deal more work to be done. He moved to accept the offer from this group to form The Friends of Hillside Cemetery. Motion seconded by Councilmember Banda and carried unanimously with Councilmember Gilbreath noting this would not be a formal City committee under tax laws.

TCI Cablevision Complaints - Many cablevision customers have been complaining about the recent actions of TCI regarding the HBO channel and rate increase for the converter box and remote control now needed. Jerry Hanson, the City Council liaison, reminded everyone that the City has a non-exclusive franchise with TCI and that the City cannot control rates nor programming. Stan McKenzie, TCI General Manager, addressed Councilmembers explaining why this had to be done noting this is the first step towards updating their obsolete equipment. Mayor Cunningham noted that TCI has created quite a furor in this community and that if the City Council could control TCI, they would.

Majestic "Payoff" Document - Mayor Cunningham reported a letter has been received from Lathan and Watkins regarding our request for a copy of the alleged "payoff" document stating this document is a figment of someone's imagination.

Transit Center and Hotel - Mayor Cunningham felt there was a critical need to review important development issues regarding the proposed Krikorian Theatre expansion and the proposed transit center and asked Councilmembers to consider holding a workshop study session on Thursday, September 23, 1999, at 9:00 A.M. Three Councilmembers had conflicts and would not be able to attend. Mayor Cunningham said he and Councilmember Banda would be present to receive any public input.

Fire Station No. 1 Rehabilitation Project - In response to Mayor Cunningham's request, Public Works Director Mutter reviewed the status of the rehabilitation project for Fire Station No. 1. The contract for the door expansion has been approved and the next two phases are in plan check.

Lawsuits Report - City Attorney McHugh provided a memorandum at Mayor Cunningham's request regarding cost of litigation initiated by the City in the last two years; litigation brought against or by the City as a direct result of the passage of Measure U; the cost to the City for defense of the three Majestic lawsuits against the City and Timberlake; the cost of the City for the defense of the lawsuit against the City and Lowe's; and the last time the City lost a land use lawsuit. Bob Roberts said the analysis is only for lawsuits initiated by the City during the past two years but felt the relevant analysis is now much in litigation costs has been incurred as a result of the actions of Bill Cunningham as Mayor and previously as a member of the Redlands Unified School District. His analysis estimated that cost at $3 million to $5 million in attorneys fees and staff time. Mayor Cunningham rebutted Mr. Roberts points which in turn caused a verbal altercation within the audience between Rufus A. (Tex) Moore and Mr. Roberts.

Santa Ana River Trail - On behalf of the Trails Committee, Teddi Banta submitted a letter on September 15, 1999, asking the City Council to join them in support of the completion of the Santa Ana River Trail. The U. S. Forest Service has completed their portion of the trail and it is now time to complete the link to the Riverside County line. Mayor Cunningham moved to support this concept and letter. Motion seconded by Councilmember Banda and carried unanimously.

Fire Program - Fire Chief Enslow, assisted by Fire Captain Al Stevens and Fire Engineer David Graves, showed a 24-minute PowerPoint presentation of the many programs the Fire Department and its personnel are involved in. Photographs included in the presentation were taken by our local firefighters at local incidents. The Fire Department's new motto, Preserving the Past - Protecting the Future, shows their pride in their service to the community.

Resolution No. 5685 - PERS Contract - At the request of Councilmember Freedman, Personnel Analyst Olsen reported research was done on what was involved to amend the City's contract with the California Public Employees' Retirement System (PERS) to add the option of purchasing service credit for military service. This amendment will allow Redlands' employees who have served in the military to "buy" those years of service and add it to their service credit as pubic service for retirement purposes. Employee payments to PERS for this purpose can be spread over several years and submitted via payroll deduction. There is no employee cost associated with this amendment. Councilmember Freedman said he wanted to make this option available to all employees, and moved to adopt Resolution No. 5685, a resolution of intention to approve an amendment to the contract between the Board of Administration California the City Council of the City of Redlands. Motion seconded by Councilmember Banda and carried unanimously.

Ordinance No. 2422 - PERS Contract - Ordinance No. 2422, an ordinance of the City of Redlands authorizing an amendment (see Resolution No. 5685 above) to the contract between the City Council of the City of Redlands and the Board of administration of the California Public Employees' Retirement System, was read by title only by City Clerk Poyzer, and on motion of Councilmember Freedman, seconded by Councilmember Banda, further reading of the ordinance text was unanimously waived, and Ordinance No. 2422 was introduced with unanimous Council approval and laid over under the rules with adoption to be scheduled as required by law.

Ordinance No. 2418 - Security Alarm Systems - On motion of Councilmember Cunningham, seconded by Councilmember Gilbreath, this ordinance was unanimously continued to the October 5, 1999, meeting.

Resolution No. 5689 - Great Neighborhoods Program - Councilmember Banda moved to adopt Resolution No. 5689, 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 to implement an additional eight participant agreements which will be acted upon by the Board of Directors of the Redevelopment Agency. Motion seconded by Councilmember Freedman and carried unanimously. (Also see Redevelopment Agency minutes for September 21, 1999.)

The City Council meeting recessed at 4:45 P.M. to continue the Redevelopment Agency meeting and reconvened at 4:46 P.M. to a closed session to discuss the following:

1. Conference with legal counsel: Existing litigation - Government Code Section 54956.9(a)
   - St. James v. City of Redlands - EDCV 98-0067RT
   - City of Redlands v. County of San Bernardino - SCV 60116
2. Conference with real property negotiator
   - Property: Portions of APN 299-011-22 and 170-311-06
   Negotiating Parties: Ron Mutter and William Locklin
   Under Negotiation: Terms and price
   - Property: APN 298-061-19
   Negotiating Parties: Ron Mutter and Caltrans
   Under Negotiation: Terms and price
3. Conference with legal counsel: Anticipated litigation - Government Code Section 54956.9(c) - One case

The meeting reconvened at 7:00 P.M.

CRA No. 703 - Yocum-Baldwin Development - Public hearing was advertised for this time and place to consider Socio-Economic Cost Benefit Study, Planning Commission Review and Approval No. 703, and an accompanying Mitigated Negative Declaration for the construction of a 15,819 square foot concrete tilt-up building for light industrial/warehouse use on .92 acres located on the west side of Amigos Drive, approximately 600 feet north of Park Avenue in the EV/IC (Commercial Industrial) District of the East Valley Corridor Specific Plan (Yocom-Baldwin Development, applicant). Community Development Director Shaw reviewed the application and the Planning Commission's recommendation for approval. He also noted the Fiscal Impact Cost would theoretically be less than reflected on the Cost Benefit Study. However, the only way for the model to determine the actual costs under fire and police services would be to expand the Non-residential Uses category to reflect several different categories. This would require a fairly extensive revision to the current Cost Benefit Model but would render a more precise service cost analysis. However, there is no funding available to modify the model at this time. Councilmember George and Mayor Cunningham both felt the model needed to be revised to make it more accurate.

Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. Representing the Vista Loma Homeowners Association, Mr. Walker Clute thanked the applicant for their concerns and efforts as related to the neighboring condominiums and reported that an agreement has been reached with Yocum-Baldwin regarding the mutual wall engineering and landscaping. Councilmember George extended his compliments to the Vista Loma Homeowners Association and Yocum-Baldwin for their cooperation and willingness to address the concerns. There being no further comments, the public hearing was declared closed. Councilmember Banda moved to approve the Environmental Review Committee's Negative Declaration for Planning Commission Review and Approval No. 703 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 approve the Socio-Economic Cost Benefit Study for Planning Commission Review and Approval No. 703 as the project will not create unmitigable physical blight or over-burden public services in the community, and no additional information or evaluation is needed, and that the proposed project is an infill development within an existing light industrial park and will not require the installation of any infrastructure or street improvements; as it is not a growth inducing development, it will not have a negative impact on the City's social services. Motion seconded by Councilmember Freedman and carried unanimously. Councilmember Banda moved to approve Planning Commission Review and Approval No. 703 subject to the following findings and the Conditions of Approval attached to the staff report:

1. That the site for this proposed development is adequate in size and shape to accommodate the use and other features required in order to adjust the use to those existing or permitted future uses in the vicinity;
2. That the project site for this proposed infill development properly relates to the adjacent public streets which are designed to carry the type and quantity of traffic generated or to be generated by this proposed use;
3. That the proposed use is desirable for the development of the community, is consistent with the policies, goals and objectives of the Redlands General Plan and is not detrimental to existing or planned uses in the vicinity of the proposed project; and
4. That the conditions set forth in the permit and shown on the submitted site plan are necessary to protect the public health, safety or general welfare.

Motion seconded by Councilmember Freedman and carried unanimously.

Tentative Tract No. 15469 - Gresham (Ross) Roskamp - Public hearing was advertised for this time and place to consider Socio-Economic Cost Benefit Study, Tentative Tract No. 15469, and an accompanying Negative Declaration for the subdivision of 110.3 acres into 24 residential lots located south of the terminus of Sutherland Drive, Ashforth Drive and South Lane in Specific Plan No. 47 (Gresham [Ross] Roskamp, applicant). Development Director Shaw reviewed the application and the Planning Commission's recommendation for approval , and reported the applicant has requested a continuance to October 5, 1999, due to the fact that their representative could not attend this meeting. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. Mike Kelly, Redlands Trails Committee, asked that the map be returned for their review as it is not satisfactory at this time. He promised they would call a special meeting prior to October 5, 1999, to review the map and make recommendations. Councilmember Gilbreath moved to continue this public hearing to October 5, 1999. Motion seconded by Councilmember Banda and carried unanimously.

Adult-Oriented Businesses - City Attorney McHugh presented two ordinances amending Chapter 8.76 of the Redlands Municipal Code relating to adult use businesses. These ordinances follow up on the City Council decision on September 7, 1999, to adopt an urgency ordinance amending the City's adult business regulations. After again reviewing the City's Code and hearing the comments of Mr. Diamond, the attorney for D? Vu, staff suggested certain additional code amendments be made. The ordinances are necessary to update the City's Code both in terms of the definitions for particular types of adult business and to provide operational standards in keeping with current case law designed to eradicate the secondary effects associated with these types of businesses. The proposed ordinances establish reasonable time, place and manner restrictions on adult uses. The offered studies and cases which have been made available for the City Council and are located in the City Attorney's Office and in the City Clerk's Office, provide the evidentiary and factual foundation to reasonably conclude that adult businesses create serious and deleterious secondary effects and that the proposed operating standards are needed to combat these secondary effects. The proposed ordinances enact comprehensive operating standards including: making technical amendments relating to permit approvals and appeals and providing for prompt judicial review; precluding direct touching between patrons and performers of live adult entertainment facilities; requiring that performers and patrons maintain a 10 foot distance separation; and precluding direct tipping or payment for live entertainment performers. City Attorney McHugh reviewed the recent changes in case law pertaining to the regulation of adult uses which support the recommendation for changes to the Code regulating adult businesses. Adopting the proposed ordinances provides comprehensive operational standards for adult businesses provides the City with the mechanism to thoroughly and aggressively regulate the harmful secondary effects of these businesses. The proposed ordinances strike the requisite balance between the City's interests in protecting the public safety, health and welfare and the constitutional protection afforded adult businesses. Ordinance No. 2423 is an urgency ordinance which would take effect immediately provided there are at least four affirmative votes of Councilmembers.

Ordinance No. 2423 - Adult-Oriented Businesses - Ordinance No. 2423, an urgency ordinance of the City of Redlands amending Chapter 8.76 of the Redlands Municipal Code relating to the operation of adult-oriented businesses and repealing Ordinance No. 2421, 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. 2423 was adopted, as an urgency ordinance, by the following vote:

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

Ordinance No. 2424 - Adult-Oriented Businesses - Ordinance No. 2424, an ordinance of the City of Redlands amending Chapter 8.76 of the Redlands Municipal Code relating to the operation of adult-oriented businesses and repealing Ordinance No. 2421, 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. 2424 was introduced with unanimous Council approval and laid over under the rules with adoption scheduled for October 5, 1999.

Adult-Oriented Businesses - Don Wallace thanked the City Council for sending a clear message to businesses of this sort, they are not welcome. He invited Councilmembers to a prayer vigil Sunday, September 26, 1999, at 6:00 P.M. at the Adult Book Store on Colton Avenue.

Human Relations Commission - Don Wallace expressed concerns about a recent appointment to the Human Relations Commission hoping he will not push his personal beliefs as he will be watched closely by citizens of Redlands.

There being no further business, the City Council meeting adjourned at 7:21 P.M. The next regular meeting will be held on October 5, 1999.

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 special meeting of July 29, 1999, the regular meeting of August 3, 1999, and the special meeting of August 11, 1999, 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 10, 1999, was acknowledged as received.

Environmental Review Committee - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the report of the Environmental Review Committee meeting held August 23, 1999, and the agenda for the Environmental Review Committee meeting to be held on September 13, 1999, were acknowledged as received.

Ordinance No. 2416 - Laser Devices - Ordinance No. 2416, an ordinance of the City of Redlands adding Chapter 9.21 to the Redlands Municipal Code regulating the use of Laser Devices, 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. 2419 - Ultralight Aircraft - Ordinance No. 2419, an ordinance of the City of Redlands amending Chapter 12.56 of the Redlands Municipal Code relating to the operation of ultralight aircraft at the Redlands Municipal Airport, 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

Contract Award - Fire Station Door Enlargements - Bids were opened and publicly declared on July 29, 1999, by the City Clerk for the construction of the Fire Station No. 1 door enlargements 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 Moody Construction, Banning, in the amount of $25,500.00, 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 sign the contract on behalf of the City.

Funds - University of Redlands Contribution - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously accepted the voluntary contribution from the University of Redlands and authorized additional appropriations in the amount of $40,000.00 distributed as follows: $10,000.00 to the Redlands Fire Department to procure a truck to haul the Life Safety trailer; $10,000.00 to the Redlands Police Department for the purpose of remodeling the substation located on North Orange Street; and $20,000.00 to the A. K. Smiley Public Library to enhance the library's "Acquisition and Materials Fund."

Resolution No. 5672 - Street Vacation No. 114 - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, Resolution No. 5672, a resolution of the City Council of the City of Redlands declaring its intention to vacate a remnant portion of public right-of-way located at the most northerly terminus of Margarita Drive (Osborne Development, applicant) and setting the public hearing for this street vacation for October 5, 1999, at 7:00 P.M., was unanimously adopted.

Resolution No. 5679 - Permit Fees - Following brief discussion, Councilmember Gilbreath moved to adopt Resolution No. 5679, a resolution of the City of Redlands amending processing fees for the Community Development Department for Home Occupation Permits and Banner Permits. Motion seconded by Councilmember Freedman and carried unanimously.

Resolution No. 5684 - Salary - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5684, a resolution of the City of Redlands rescinding Resolution Nos. 5657 and 5671 establish a salary schedule and compensation plan for City employees. This salary resolution changes the following: the transfer of the Management Information Systems Division from the Municipal Utilities Department to the Finance Department; the transfer of the Equipment Maintenance Division from the Municipal Utilities Department to the City Manager's Office; an increase for the Management Information Systems Administrator from MM 54 to MM 56; the addition of a Code Enforcement Officer position and the upgrade of the existing Code Enforcement Officer position to a Senior Code Enforcement Officer; the addition of one Police Officer which was recently approved as part of an ABC grant; the creation of an hour salary rate of $9.90 for the Police Cadet positions which are fully funded under AB 3229; the change in title for the Police Records Clerk position in Animal Control to an Administrative Clerk; and changes to salary ranges for cost of living adjustments previously approved in employment agreements with all the bargaining units.

Funds - Hazmat Cleanup at Hillside Memorial Park - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved an appropriation of $15,000.00 from the Cemetery Fund for Hazmat investigation and cleanup of an underground fuel storage tank at Hillside Memorial Park.

Agreement - Inland Empire Stars Baseball - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved a rental agreement between the City of Redlands Recreation Bureau and Inland Empire Stars Baseball and authorized the Mayor and City Clerk to sign the agreement on behalf of the City.

Resolution No. 5683 - Speed Limits - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5683, a resolution of the City Council of the City of Redlands establishing traffic regulations pursuant to Title 10 of the Redlands Municipal Code: establish speed limits on Wabash Avenue between Fifth Avenue and Sessums Drive.

Claim - Reimbursement of SANBAG Funds - Public Works Director Mutter reported that SANBAG makes approximately $5,000.00 available annually for the City to use for construction of curb ramps to retrofit existing intersection corners. The City cannot request this money until after construction has been completed. Construction has been completed to retrofit 30 corners with curb ramps for a total construction cost of $38,255.00. Councilmember Banda asked if these funds could be applied toward the completion of the Herald Street improvements. City Manager Luebbers said staff is also looking at CDBG and Neighborhood funds to complete that project. Councilmember Banda moved to authorize staff to file a claim for reimbursement from SANBAG for LTF Article 3 funds as described above. Motion seconded by Councilmember Freedman and carried unanimously.

Agreement - Right-of-Way Acquisition - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously ratified an executed agreement approved in a recent closed session regarding purchase of fee interest between Fred J. and Anetha Stafford and the City of Redlands for acquisition of right-of-way at Colton Avenue and Wabash Avenue.

Agreement - Right-of-Way Acquisition - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously ratified an executed agreement approved in a recent closed session regarding purchase of fee interest between Frank and Lydia Coyazo and the City of Redlands for acquisition of right-of-way at Colton Avenue and Wabash Avenue.

Funds - COPS MORE 98 - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously authorized the Mayor to accept the Department of Justice COPS MORE 98 grant award of $37,509.00 and authorized an additional appropriation of said funds to the Police Department to fund the grant.

Proclamation - World Population Week - Following a reading of the proclamation, Councilmember Banda moved to authorize issuance of a proclamation declaring October 10-16, 1999, as World Population Awareness Week. Motion seconded by Councilmember Freedman and carried unanimously.

Resolution No. 5686 - Natural disaster Assistance Act - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5686, a resolution of the City Council of the City of Redlands authorizing designation of applicant's agent to obtain Natural Disaster Assistance Act (NDAA 99-094) financial assistance due to the severe thunderstorms that occurred on July 12, 1999.

Fee Waiver - Girl Scouts of America - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved the request by the Girl Scouts of America for waiver of reservation fees for use of the Redlands Bowl for their annual Night Hike program to be held on October 16, 1999.

Note Agreement - Diana Heemstra - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved an extension of the maturity date on a note agreement between the City of Redlands and Diana Heemstra from September 1, 1999, to October 15, 1999; and further authorized staff to prepare the appropriate documents for execution by the Mayor and City Clerk.

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 engineering services for the California Street Landfill Horizontal Expansion Project.

Annexation Area No. 72 - Solid Waste Service - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously authorized the Municipal Utilities Department to proceed with assumption and implementation of solid waste service in Annexation Area No. 72.

Conditional Use Permit No. 677 - Time Extension - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved a one-year time extension for Conditional Use Permit No. 677 extending approval until August 10, 2000. This CUP is for an 11,079 square foot church on approximately 2.12 acres located on the southwest corner of Ford Street and Highland Avenue (Redlands United Pentecostal Church, applicant).

Minor Subdivision No. 244 - Time Extension - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved a one-year time extension for Minor Subdivision No. 244, extending tentative approval until August 12, 2000. This is an application for a parcel map for the purpose of merging two existing lots of record as one parcel located at 250 Terracina Boulevard (Redlands Community Hospital, applicant).

Legislative Bulletins - Councilmember Freedman reviewed the League of California Cities position opposing AB 1553 noting that this bill only applies to an unincorporated island within the City of Redlands, but all cities should oppose it due to the many bad precedents in this bill. He urged citizens to contact the Governor and urge him to veto this bill. Councilmember Banda also reported on the local League committee's stand opposing this bill and provided address, telephone and facsimile numbers to the Governor's office.

Pre-Annexation Agreement No. 99-03 - Mountainview Power Company - Community Development Director Shaw reported that several meetings have been held with representatives of Mountainview Power Company regarding the annexation of an 81 acre area located at the northeast corner of Mountain View and San Bernardino Avenues on the western edge of the City. As a result of these meetings, it was agreed that the most productive course of action was to have Mountainview Power prepare and submit a development agreement and an zoning ordinance text amendment which would address their concerns. In addition, it was agreed they would submit a pre-annexation agreement which would ensure their willingness to annex to the City if the development agreement and zoning ordinance text amendment were approved. City Attorney McHugh suggested one additional provision be added: a defend and indemnify clause that is Mountainview's responsibility. Following brief discussion, Councilmember Gilbreath moved to approve the pre-annexation agreement as submitted by Mountainview Power Company, LLC with the indemnification clause and directed staff to process the related development agreement and zoning ordinance text amendment. Motion seconded by Councilmember Freedman and carried unanimously.

Crafton Hills Road Extension - Public Works Director Mutter reviewed his staff report addressing traffic concerns on the Hampton Heights project located along Sand Canyon Road near Crafton Hills College. It is believed by the staff from both the City and the County of San Bernardino that Crafton Hills Road should be extended westerly to a connection with Wabash Avenue and Reservoir Road at Interstate 10. Councilmember Cunningham moved to support a connection of Crafton Hills Road from the Hampton Heights project to the Wabash Avenue/Reservoir Road intersection at Interstate 10 with mitigation measures of installation of a westbound freeway onramp at this intersection and whatever other mitigations are necessary to alleviate problems on Reservoir Road. Motion seconded by Councilmember Freedman and carried unanimously.

Inland Empire Annual Survey - SANBAG - City Manager Luebbers reported that SANBAG has been a major sponsor of the Inland Empire Annual Survey which is conducted to measure public perception about quality of life and public services in San Bernardino and Riverside Counties. In the past, cities have indicated a desire to have valid survey results on a City-by-City basis. Therefore, SANBAG will provide member jurisdictions the opportunity to increase the survey sample within their jurisdiction in order to obtain statistically valid City data. The cost to interested cities will be $3,000.00 to $4,000.00 per jurisdiction, depending on the increased number of survey samplings required within specific jurisdictions. Mayor Cunningham commented that although this is an exhaustive survey, as it is now, it is not very formative. He suggested holding off action on this request for further information as how it would focus on Redlands. Councilmember Banda moved to table this matter to the September 21, 1999, meeting. Motion seconded by Councilmember Gilbreath and carried unanimously.

I-10 Soundwalls - Public Works Director Mutter reported Caltrans has developed a master plan for the ultimate widening and improvement of Interstate 10 through Redlands. This plan calls for an initial widening to four lanes with ultimate widening to five lanes in each direction. As part of the environmental mitigation required for a freeway widening project, Caltrans must look at the construction of soundwalls along areas developed with residential neighborhoods to mitigate noise impacts associated with increased freeway capacity. Staff has met with Caltrans' representatives to identify these residential areas and locate possible soundwalls. Those areas generally include the entire northerly side of the freeway between Sixth Street and Highland Avenue and the southerly side of the freeway between Central Avenue and Highland Avenue. Public Works Director Mutter explained the proposed walls would be typical of those built along freeways in Southern California. They are generally constructed of concrete block materials to a height of 12 feet. Staff agrees with the need for soundwalls, but has reservations regarding the height along the elevated section of the freeway. Motorists driving through Redlands are currently afforded a view of greenery as they overlook the City. With the walls, all motorists will see are concrete block walls with the pavement. There will be no landscaping along the internal portion of the freeway through this area. The view from the residential areas will also be hampered with an additional 12-foot height added to the existing elevated freeway. Mayor Cunningham remarked on the input from residents in the Wimbleton Heights area he has received about freeway noise. Public Works Director Mutter noted this phase does not go beyond Highland Avenue. Councilmember George wanted to give the citizens an opportunity to review these plans and comment. By unanimous consensus, the City Council continued this matter to October 5, 1999.

Automated Unicom - Redlands Municipal Airport - Public Works Director Mutter reported Redlands Aviation has proposed to purchase a Super Unicom in lieu of the City making the purchase of a simple Unicom station. The greatest advantage to this system is that it provides 24-hour operation with an expanded range of data, far more than is currently available. Redlands Aviation will continue to operate the Unicom and the City will continue to provide the Unicom operation payments as specified in the lease. The Airport Advisory Board voted unanimously on May 5, 1999, to recommend approval of the purchase of the new Unicom equipment for the Redlands Municipal Airport. Councilmember Freedman moved to approve the request of Redlands Aviation to install, operate and maintain an automated Unicom at Redlands Municipal Airport. Motion seconded by Councilmember Gilbreath and carried unanimously.

Vine Street Name Change - C. Alton Robertson, President of the Redlands Sister Cities Association, reported on their long-standing request that two streets in the City of Redlands be named for Redlands' sister cities in recognition of our long and important relationship with them. Early in August, they suggested renaming the section of Vine Street between Cajon and Fourth Streets Hino, and the section between Fourth and Eureka Streets San Miguel de Allende. Following an article in local newspapers, the Redlands Area Historical Society, the Smiley Library Board, the Historic and Scenic Preservation Commission, and the Redlands Chamber of Commerce have publicly opposed this suggestion and suggested pursuit of alternatives. Eleven telephone calls and two letters to the Office of the City Council were received opposed to changing the name of Vine Street. At this time, Mr. Robertson withdrew his proposal, and said he would meet with the Redlands Area Historical Society on October 5, 1999, to discuss alternatives. Liz Beguelin, Redlands Area Historical Society, confirmed this meeting and suggested also inviting the Redlands Horticultural Society to work with them. Chris Gallacher addressed the City Council asking them not to change the name of Vine Street. Her great-grandfather, George Stevens Hinckley, Redlands City Engineer from 1908-1947, pioneered the white line on roads to guide traffic. This white line was used for the first time on Vine Street and she urged the City Council to preserve the name for its historical values to Redlands and for what it represents to her and her family.

Sister City Garden - Public Works Director Mutter reported the Redlands Sister Cities Association asked the Parks Commission for permission to place two large rocks with plaques attached in the small garden area adjacent to the General Telephone building in the Smiley Park. One plaque would name the garden "The Ellis Crane Garden" in honor of the first president of the Redlands Sister Cities Association who established the relationship with Hino, Japan. The second plaque would be in memory of Mrs. Toshiko Nakada, the long-time Chair of the Hino-Redlands Friendship Committee from Hino. The Parks Commission considered this request at their meeting held on August 12, 1999. The Commission felt that the Donor Wall Program, as approved by the City Council, sets the guidelines for installation of any plaque in the City's parks, and that any request for the installation of plaques should comply with the provisions of the Donor Wall program. Councilmember Freedman moved to refer this request back to staff and the Parks Commission for further study. Motion seconded by Councilmember Banda and carried unanimously.

Tree Policies - Public Works Director Mutter reported the Street Tree Committee has defined a number of areas of concern regarding the overall operation and maintenance of the City's urban forest. These areas of concern have been prioritized and the Committee is working on policies for each. The first two areas completed include tree versus hardscapes such as the conflicts between trees and sidewalks or curbs, and the second regards pruning of tree roots. The Street Tree Committee referred these two policies to the Parks Commission who recommended approval and implementation of both policies on August 12, 1999. The Parks Commission and Public Works Director Mutter commended the members of the Street Tree Committee for their hard work and diligence in this effort. Councilmember Gilbreath moved to approve the policies for Tree/Hardscape Conflicts and for Root Pruning specifications, contingent on funding for implementation being authorized through the normal budget process. Motion seconded by Councilmember Banda and carried unanimously.

Prospect Park Pavilion - Public Works Director Mutter reported Friends of Prospect Park have requested reimbursement of building permit fees in the amount of $189.53 for the construction of an outdoor pavilion in Prospect Park. The pavilion will be located in the upper portion of Prospect Park, northerly of the Carriage House and near the Lawson Gardens, and will be donated to the City when completed. Staff and the Parks Commission think the pavilion will be an asset to Prospect Park. Councilmember Gilbreath moved to accept the offer of the Friends of Prospect Park to construct the pavilion and authorized reimbursement of the building permit fees. Motion seconded by Councilmember Freedman and carried unanimously.

Adopt-A-Park Program - With various strategies outlined in the City Community Policing Program, Corporal Rick Hulbert has developed a concept for a public-private partnership in the long-term care and maintenance of the City's park system. Public Works Director Mutter said his department and the Police Department, under Police Chief Bueermann's direction, have committed considerable resources to improving the safety and security of Redlands' parks for the benefit of residents who use these facilities for recreation, family outings, youth activities, nature study, and relaxation. The goal of the Adopt-A-Park program is to involve the different communities of Redlands in maintaining and improving our parks over the long-term. Commending staff and the Parks Commission for their efforts, Councilmember Gilbreath moved to approve the Adopt-A-Park Program which will be administered by the Public Works Department. Motion seconded by Councilmember Freedman and carried unanimously.

Fee Waiver - Alzheimer's Association - Councilmember Banda moved to approve the request from the Alzheimer's Association to waive the rental fee for use of barricades at their 5K Run/Walk on October 2, 1999. Motion seconded by Councilmember Gilbreath and carried unanimously.

Resolution No. 5682 - Great Neighborhoods Program - Councilmember Banda moved to adopt Resolution No. 5682, 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 to implement an additional seven participant agreements which will be acted upon by the Board of Directors of the Redevelopment Agency. Motion seconded by Councilmember Gilbreath and carried unanimously. (Also see Redevelopment Agency minutes for September 7, 1999.)

The City Council meeting recessed at 4:25 P.M. to continue the Redevelopment Agency meeting and reconvened at 4:31 P.M. to a closed session to hold a conference with its legal counsel as follows:
- Existing litigation - Government Code Section 54956.9(a): Juarez/Macias v. City of Redlands - Case No. SCV 53458 and SCV 53457 respectively

The meeting reconvened at 7:00 P.M.

Appeal - Conditional Use Permit No. 688 - Public hearing was continued to this time and place to hear an appeal to the Planning Commission decision of June 8, 1999, to approve a conditional use permit for a billiard room in the C-2 (Neighborhood Convenience) District at 1544 Orange Street; Ezequiel Ocampo, applicant. The City Council appealed this decision to afford an opportunity to review the project and consider neighborhood concerns. On July 20, 1999, the City Council, after review this proposal and taking into consideration testimony from other tenants within this existing Neighborhood Convenience Shopping Center, continued this item to August 3, 1999, at which time the City Council continued the public hearing to this time. In the interim, the applicant was allowed to operate under the conditions of the Planning Commission's approval. During this period of time, the Police Department was directed to prepare a report on the activities that led to the closure of the billiard hall on San Mateo Street and Brookside Avenue and to monitor this site relative to any negative impacts that may occur during this time span. The report prepared by the Police Department was provided to the City Council. 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 approve Conditional Use Permit No. 688 based on the following findings:

1. That the use applied for at this location set forth in the application is a proper one for which a conditional use permit is authorized by this title because it is identified as a potential use in this zone district subject to a conditional use permit.
2. That the use is necessary and desirable for the development of the community, is in harmony with the various elements or objectives of the General Plan, and will not be detrimental to existing uses in the zone in which the proposed use is to be located because the proposed use is compatible with the uses in the shopping center and surrounding neighborhood.
3. That the site for the intended use is adequate in size and shape to accommodate the use and other features required in order to adjust the use to those existing or permitted future uses within this existing neighborhood shopping center because the proposed use is located within an existing tenant space of an existing commercial center which, when approved, met all required development standards for this district, and the proposed use has been designed to fit within the proposed tenant space.
4. That the site for the proposed use relates to streets and highways that are properly designed and improved to carry the type and quantity of traffic generated or to be generated by the proposed use.
5. That the conditions set forth and recommended on June 8, 1999, by the Planning Commission in the permit, with the addition of Condition of Approval No. 13 to read: "No sale or consumption of alcohol on the premises," are necessary to protect the public health, safety, or general welfare.

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

Tentative Tract No. 16015 - Gardner Construction - Public hearing was advertised for this time and place to consider the Socio-Economic Cost Benefit Study, Tentative Tract No. 16015, and an accompanying Negative Declaration for a subdivision of 19.45 acres into 62 residential lots and one lettered lot in the R-1 (Single Family Residential) District on property located on the north side of Pioneer Avenue, east of Duke Street. Community Development Director Shaw reviewed the application and the Planning Commission's recommendation for approval. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. Mark Gardner, the applicant, thanked staff, especially Community Development Director Shaw and Senior Planner Bob Dalquest, for their assistance and informed the City Council they will accept all conditions set forth. There being no further comments, the public hearing was declared closed. Councilmember Freedman moved to approve the Environmental Review Committee's Negative Declaration for Tentative Tract No. 16015 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 George and carried unanimously. Councilmember Freedman moved to approve the Socio-Economic Cost Benefit Study for Tentative Tract No. 16015 as the project will not create unmitigable physical blight or over-burden public services in the community, and no additional information or evaluation is needed, and that the proposed project, based on the overall Fiscal Impact Analysis, will provide the City with a positive annual revenue/cost ratio of 1.123. Motion seconded by Councilmember Gilbreath and carried unanimously. Councilmember Freedman moved to approve Tentative Tract No. 16015 subject to:

1. The conditions of approval contained in the staff report;
2. An additional condition (No. 21, Community Development Department, Planning Division) to read: "That the segment of the regional trail depicted on the General Plan for the subject site shall be designed, submitted, approved and installed subject to the review and approval of the Community Development Director and Public Works Director. The applicant may provide surety in the form of a bond for the future improvement if it is determined that it would be best to install this segment of the trail at a later date."; and
3. The following findings:
   1. That the proposed tentative map is consistent with the policies, land use designation, and density prescribed by the General Plan;
   2. That the proposed project qualifies as "infill" in accordance with the criteria established in Policy 2.2.3(a) of the Redlands Municipal Code Airport Land Use Compatibility Plan;
   3. That the design and improvements of the proposed subdivision are consistent with City standards;
   4. That the site is physically suitable for the type 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 will not cause any 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 proposed subdivision; and
   8. That pursuant to California Government Code Section 66474.6, the discharge of waste from this 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.

Motion seconded by Councilmember Banda and carried unanimously.

Tentative Tract No. 15937 - Curtis Development - Public hearing was advertised for this time and place to consider the Socio-Economic Cost Benefit Study, Tentative Tract No. 15937 and Conditional Use Permit No. 686, and accompanying Negative Declaration for a Planned Residential Development for the subdivision of 61.27 acres into 160 residential lots in the R-E (Residential Estate) District for property generally located north of Lugonia Avenue, south of San Bernardino Avenue, west of Wabash Avenue, and east of Dearborn Street. Citing a potential conflict of interest, Councilmember Banda left the City Council Chambers. Community Development Director Shaw reviewed the application and the Planning Commission's recommendation for approval. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. On behalf of the applicant, Pat Meyer asked the City Council to consider amending the Municipal Utilities Department Condition No. 1 regarding the Heritage Citrus Grove as they will not be able to plant until spring of 2001. Al Kelley offered kudos to staff, the developer, and the City Council for this project. There being no further comments, the public hearing was declared closed. Councilmember George moved to approve Tentative Tract No. 15937 with 160 or fewer lots subject to:

1. The conditions of approval contained in the staff report;
2. The following amended Condition of Approval: No. 13, Community Development Department, Planning Division, to read: "To mitigate the potential impact to agricultural resources identified in Section 1(d) of the environmental checklist, Lots A-D, as identified on Tentative Tract No. 15937, and which total approximately 13.01 acres, shall be required to be planted with citrus trees and deed to the City to ensure permanent preservation of viable citrus land (Mitigation Measure No. 1). This shall be accomplished prior to the occupancy of the first resident and deeded to the City prior to release of the Subdivision Bond. The City shall not accept the citrus until its installation is approved by the Citrus Committee."; and
3. The following findings and
   1. That the proposed map is consistent with the policies, land use designation, and density prescribed by the General Plan;
   2. That the design and improvements of the proposed subdivision are consistent with City standards;
   3. That the site is physically suitable for this type of development;
   4. 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;
   5. That the design of the subdivision or type of improvements will not cause any serious public health problems;
   6. 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; and
   7. That pursuant to California Government Code Section 66474.6, the discharge of waste from this 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.

Motion seconded by Councilmember Gilbreath and carried with Councilmember Banda having abstained. Councilmember George moved to approve Conditional Use Permit No. 686 subject to the conditions of approval contained in the staff report; subject to the following amended conditions of approval:

1. No. 16, Community Development Department, Planning Division, to read: "To mitigate the potential impact to agricultural resources identified in Section 1(d) of the environmental checklist, Lots A-D, as identified on Tentative Tract No. 15937, and which total approximately 13.01 acres, shall be required to be planted with citrus trees and deeded to the City to ensure permanent preservation of viable citrus land (Mitigation Measure No. 1). This shall be accomplished prior to the occupancy of the first resident and deeded to the City prior to release of the Subdivision Bond. The City shall not accept the citrus until its installation is approved by the Citrus Committee."
2. No. 1 under the Citrus Groves Section to read: "Provide 'in fee' title to approximately 13.02 acres of land to the City, to be designated as a 'Heritage Citrus Grove' as a condition of the tract map. The citrus trees shall be installed prior to the occupancy of the first resident and deeded to the City prior to release of the Subdivision Bond. The City shall not accept the citrus until the installation is approved by the Citrus Committee";

and subject to the following findings:

1. That the site for the intended use is adequate in size and shape to accommodate the use and other features and is compatible with other permitted future uses on the land and vicinity;
2. That the site for the proposed use relates to the streets and highways properly designed to carry the type and quantity of traffic generated or to be generated by the proposed use;
3. The use is desirable for the development of the community is consistent with the policies and objectives of the Redlands General Plan and is not detrimental to existing or planned uses in the vicinity of the proposed project;
4. The proposed development is in compliance with the policies and standards as identified in Section 18.144 (Planned Residential Development standards) of the Redlands Municipal Code and Ordinance Text Amendment No. 265 as adopted in Ordinance No. 2404; and
5. That the conditions set forth in the permit and shown on the approved site plan are necessary to protect the public health, safety, or general welfare. Motion seconded by Councilmember Gilbreath and carried with Councilmember Banda having abstained.

Ordinance No. 2403 - Density Bonus - Public hearing was advertised for this time and place to consider Ordinance No. 2403, an ordinance of the City of Redlands adding Chapter 18.226 to the Redlands Municipal Code to establish incentives (density bonus) for the production of very low, lower income and senior housing, and an accompanying Negative Declaration. Stating this was a complicated issue, Councilmember Freedman recommended continuance of this matter to a study session to be held on November 16, 1999, at 9:00 A.M. Councilmembers were in concurrence with the recommendation.

Certification of Referendum Petition - City Clerk Poyzer reported a petition entitled Referendum Against a Legislative Act Passed by the City Council purported to consist of an estimated 1,085 sections and an estimated 4,765 raw signatures was filed in the City Clerk's Office on August 10, 1999, by Mark W. Bulot, San Bernardino County Taxpayers Coalition. The legislative act is described as an agreement for construction and operation of a home improvement center and the provision of unrelated off-site improvements between the City of Redlands and Lowe's HIW, Inc. The petition was transported to the Registrar of Voters in San Bernardino for examination of the signatures. At the request of the petitioners, the City Clerk began processing a sample examination of 500 of the signatures as permitted by Section 9115 of the California Election Code. On August 11, 1999, the City Council unanimously directed the City Clerk to check all signatures on the petition and bill the costs of the signature verification to the petitioners. The results of this examination are as follows:

1.	Number of registered voters residing within the City of Redlands:	32,929
2.	Number of verified signatures filed by the proponents:	4,774
3.	Number of minimum signatures required for a sufficient petition pursuant to Section 9237 of the California Elections Code:	3,293
4.	Number of sufficient signatures:	3,455
5.	Number of insufficient signatures:	1,319
	Number of insufficient signatures that were duplicates:	(21)

Based on the information provided above, the petition was found to be sufficient. A copy of the Certificate of Sufficiency executed by the City Clerk is attached.

Referendum Legal Opinion - Following a review of existing law regarding the referendum petition for the City's contract with Lowe's HIW, Inc. for the sharing of sales taxes generated by the project, City Attorney McHugh expressed the staff's opinion that the contract is not a proper subject for a referendum. He summarized his memorandum dated September 2, 1999, citing case law and answered the City Council's specific question, if the contract between the City Council and Lowe's is administrative in nature, a court cannot compel the City to submit that contract to a referendum vote. However, on the other hand, if the contract is deemed a legislative act, then the matter is a proper subject of referendum. In this case, the City Council adopted Resolution No. 5658 on July 12, 1999, to establish a policy for the consideration of financing proposals from new businesses proposing to locate in the City. That resolution contained specific criteria and objectives which new businesses are required to satisfy if their proposals are to be considered by the City. In the City Attorney's opinion, that resolution established City legislative goals and policies and would be a proper subject of referendum. By contrast, the contract with Lowe's which the City Council approved on July 12, 1999, merely carried out, as an administrative act, those goals and policies established by the City Council in its Resolution No. 5658. Therefore, the Lowe's contract, being an administrative act, is not subject to referendum.

On behalf of the San Bernardino County Taxpayers Coalition, Mark Bulot asked the City Council to place this matter on the ballot or re-negotiate an agreement with Lowe's that would not be a taxpayers' burden. He noted they have a legal opinion explaining why this issue is subject to referendum. In answer to the Mayor's question, Mr. Bulot indicated they desired to place this matter on the ballot for the next general municipal election in November 2001. Representing the San Bernardino County Taxpayers Coalition, Attorney Bradley W. Hertz, Reed & Davidson, Los Angeles, referred to his letter dated September 2, 1999, which disagreed with City Attorney McHugh's opinion. Mayor Cunningham asked Mr. Hertz if Majestic Realty was his firm's client; Mr. Hertz said that question was not relevant. Representing Lowe's, Attorney Charles Berwanger, Higgs, Fletcher & Mack, San Diego, agreed with City Attorney McHugh's opinion that this contract was not subject to the referendum process. He stated that if litigation is commenced to compel an election, Lowe's will provide a defense on the terms and conditions already agreed to. Mr. Berwanger provided copies of his letter and a memorandum dated September 7, 1999, expressing his legal opinion on this matter. Councilmember Freedman exhibited figures showing Lowe's impact on Redlands and the estimated sales tax revenue projected for the first four years. Councilmember Banda felt this was a "bottom-line deal." Councilmember Gilbreath reiterated her position that this contract was a subsidy. Noting that although he was not wildly enthused about this contract, Councilmember George felt we needed to keep the deal in place. Mayor Cunningham supported the two legal opinions from City Attorney McHugh and Lowe's attorney Charles Berwanger.

Referendum Petition - Councilmember Freedman moved not to place the petition entitled Referendum Against a Legislative Act Passed by the City Council (described as an agreement for construction and operation of a home improvement center and the provision of unrelated off-site improvements between the City of Redlands and Lowe's HIW, Inc.) on a ballot. Motion seconded by Councilmember Banda and carried with Councilmember Gilbreath voting NO.

Rezoning - Regional Center - Councilmember Freedman moved to continue this matter to October 5, 1999. Motion seconded by Councilmember Banda and carried unanimously.

Krikorian Theatre Expansion - On behalf of the Downtown Redlands Business Association's Board of Directors, Chairman Jim Cavanaugh reported the DRBA discussed the expansion proposal of the Krikorian Theatre and wished to express a public position of support. They felt the expansion of the theater is a positive move that supports and benefits all of the people of Redlands. DRBA sees this project as a great opportunity to unify the historic downtown area with future projects such as those supporting the Shopper's Lane as defined in Specific Plan No. 45.

Ordinance No. 2420 - Mobilehome Rent Control Arbitration - City Attorney McHugh reported that under the Redlands Municipal Code, the City is required, from time to time, to retain an arbitrator to conduct proceedings associated with rent stabilization disputes between mobilehome park owners and tenants. The arbitrator is selected from a list of attorneys and retired Judges, and the services of such persons are not inexpensive. Although the Code provides that at the end of the arbitration proceedings, the "losing" party must pay the City's costs for the arbitrator, there is no provision which requires an "up-front" payment by the applicant for such proceedings. City staff does not believe the City should fund the arbitration proceedings with the hope that it might recover its costs from the losing party sometime at the end of those proceedings. It would be more appropriate, similar to all other applications to the City, that the person seeking the entitlement or decision, pay the City's actual costs associated with the request. Proposed Ordinance No. 2420 would establish a $3,000.00 deposit which would be paid by the applicant in the event the City was required to hold arbitration proceedings. Ordinance No. 2420, an ordinance of the City of Redlands amending Chapter 5.48 of the Redlands Municipal Code, 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. 2420 was introduced with unanimous Council approval and laid over under the rules with adoption scheduled for September 21, 1999.

Ordinance No. 2421 - Adult-Oriented Business Permits - City Attorney McHugh reported that recent decisions from the Ninth Circuit Court of Appeals have ruled that adult business permitting systems are an invalid and improper "prior restraint" of free speech unless an applicant for a permit can be assured "prompt judicial review" if his or her permit is denied. As a result of these decisions, the California Legislature enacted Senate Bill No. 1165 as urgency legislation to add Section 1094.8 to the California Code of Civil Procedure. This section establishes a new requirement for prompt judicial review of a public agency's denial of a permit that relates to expressive conduct protected by the 1st Amendment (including adult businesses). Proposed Ordinance No. 2421 would revise Chapter 8.76 of the Redlands Municipal Code to provide for prompt or judicial review of the City's denial of any adult business permit in accordance with the new State law. City Attorney McHugh explained the proposed permitting process. This ordinance also revises the Redlands Municipal Code provisions regulating nudity at adult businesses and amends the Code to add more stringent regulation of activities of adult businesses operating within the City. City Attorney McHugh explained that Ordinance No. 2421 is proposed as an urgency ordinance to protect the public peace, health and safety of the citizens of Redlands. If the City Council agrees with staff's recommendation, a motion to adopt the urgency ordinance would be appropriate. The ordinance would take effect immediately provided there are at least four affirmative votes of Councilmembers. The following employees of D? Vu Show Girls in Redlands urged Councilmembers not to enact this proposal: Christina Mock, Jason Mohney, Mike Branstetter, and Brandi Malone. Also opposed was shareholder Donald Krontz. Roger Jon Diamond, attorney for D? Vu Show Girls, objected to this proposed ordinance presented as an urgency ordinance which he felt did not give them a reasonable opportunity to present their viewpoint; he urged the City Council to give this ordinance first reading at this meeting and allow them time for further review. Urging the City Council to adopt this ordinance were: Reverend Don Wallace and George E. Riday. City Attorney McHugh explained the need for an urgency ordinance and offered to meet with anyone to fine tune the ordinance if necessary, and also responded to questions by noting that the studies supporting the findings in the ordinance were available for review in the City Clerk's Office. Ordinance No. 2421, an urgency ordinance of the City of Redlands amending Chapter 8.76 of the Redlands Municipal Code to provide for prompt review of applications for permits or other entitlements for adult-oriented businesses, 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. 2421 was adopted as an urgency ordinance by the following vote:
AYES: Councilmembers Banda, Gilbreath, Freedman, George;
Mayor Cunningham
NOES: None
ABSENT: None

There being no further business, the City Council meeting adjourned at 8:30 P.M. The next regular meeting will be held on September 21, 1999.

ATTEST:

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 7, 1999, at 3:00 P.M.

Lowe's Referendum Petition - A petition entitled Referendum Against a Legislative Act Passed by the City Council was filed in the City Clerk's Office on August 10, 1999. The legislative act is described as an agreement for construction and operation of a home improvement center and the provision of unrelated off-site improvements between the City of Redlands and Lowe's HIW, Inc. Mayor Cunningham asked City Attorney McHugh if this was a valid referendum issue. City Attorney McHugh replied that generally legislative acts are ordinances or resolutions; this referendum is on an agreement and there is no reference to the resolution. He will look into this further and report back to the City Council on September 7, 1999. At the request of the petitioners, City Clerk Poyzer is processing a sample examination of the signatures as permitted by Section 9115 of the California Election Code. Councilmember Freedman moved to direct the City Clerk to check all signatures on! the petition and bill the costs of the signature verification to the petitioners. Motion seconded by Councilmember Banda and carried unanimously. On behalf of the petitioners, Mark Bulot explained that their purpose behind this referendum was to stop a taxpayers' subsidy and the statistical sampling seemed to be the most cost effective method and that they did not wish to have this matter voted on at a special election. It was noted that this referendum was too late to be placed on the November 2, 1999, ballot.

The City Council briefly recessed at 2:07 P.M. to allow the City Clerk to contact the Registrar of Voters and notify that office of the change of the method of signature verification. The City Council meeting reconvened at 2:11 P.M.

AB 1553 - City Manager Luebbers reported we received the text of AB 1553 on Monday, August 9, 1999. City Attorney McHugh reviewed its contents. City Manager Luebbers updated Councilmembers on the activities of our lobbyist who highly recommended someone from the City Council be in Sacramento each of the three days (August 16-18, 1999). Councilmember George reported Senator Baca has offered to act as mediator and is willing to hold a meeting on Tuesday in his office. Councilmember George requested the Redlands Professional Firefighters attend as they were instrumental in setting this up; he also thought City Manager Luebbers and City Attorney McHugh should also attend. President of the Redlands Professional Firefighters Dan Crow said he would be proud to go with the City Council at this time. Discussion followed as to who was available when and whether or not a special meeting would be necessary to comply with the Brown Act if three or more Councilmembers congregat! ed t ogether for the purpose of discussing City business. City Council candidates were also invited to join the effort.

Annexation - "Donut Hole" and REV - Councilmember Cunningham moved to direct staff to revive the application to LAFCO for annexation of the minimum needed for the Redlands East Valley High School and the 1,200 acres referred to as the "Donut Hole." Motion seconded by Councilmember Freedman and carried unanimously.

County Spheres of Influence Amendment - On July 27, 1999, the County of San Bernardino approved an amendment to their General Plan regarding Spheres of Influence. Councilmember Banda noted that all but two cities within the County object to this amendment. A meeting of representatives from the cities will be held Thursday evening to discuss this matter.

Utilities - "Donut Hole" - City Attorney McHugh reported staff has defined our facilities in this area and the cost of $51/2 million which is in jeopardy and the lawsuit has been filed.

Re-Zoning of "Regional Center" - Councilmember Freedman moved to direct staff to prepare an amendment to the General Plan to remove the "Regional Center" designation from the current site and then relocate the designation to another site. The motion was seconded by Councilmember Banda. Mayor Cunningham felt this was necessary to allow other developers the opportunity to develop. Councilmember Gilbreath felt it was an inappropriate move and that the message from this City Council was wrong. Councilmember George strongly felt this issue should be considered in September after our efforts in Sacramento regarding AB 1553. Following much discussion, Councilmember Freedman agreed to remove his motion and continue the discussion to September 7, 1999. In concurrence, Councilmember Banda agreed to withdrawal of the first mostion, and seconded the motion to continue this matter. The motion carried with Councilmember Gilbreath voting NO as she would be opposed to the motion! to change the designation now or in September.

Tie-Down Permits - Redlands Municipal Airport - City Attorney McHugh reported that over the past few weeks a number of persons have approached the Public Works Department and requested tie-down rental agreements for their aircraft at the Redlands Municipal Airport. In the past, staff has regularly approved such tie-down agreements without City Council approval and based upon the provisions of a "form" rental agreement which has been used for some time. With the recent activity at the airport, and with increased scrutiny from representatives of the Federal Aviation Administration, City staff wishes to ensure that the City Council approves of the provisions of the tie-down rental agreement and formally agrees that City staff has been delegated the authority to approve and sign these agreements. Expressing their concerns were: Scott Jones, Trish Peterson, Robert O'Connor, Larry Foutier, Mike Marko, and Andy Testman. Mr. Testman asked for a interim permit so that he co! uld rent his planes and conduct flight training from the west ramp; he also asked to be allowed to keep a mobile home on the premises during the day for restroom facilities. He also noted he is in contact with interested parties who wish to add facilities at the airport. Public Works Director Mutter said it has never been staff's intent to stop rentals or flight instruction but that we do not want fixed based operators. He noted that Mr. Testman's mobile home can be parked in the tie-dow n space as long as it is not being used as an office. Following discussion, Councilmember Gilbreath moved that the Public Works Director be delegated the authority to negotiate, review and execute tie-down rental agreements on behalf of the City, with the City Attorney's approval of the form of the agreement. Motion seconded by Councilmember George and carried unanimously. Mayor Cunningham encouraged negotiations with persons interested to add further facilities at the Redlands Municipal Airport.

ADJOURNMENT

There being no further business, the City Council meeting adjourned at 3:26 P.M. The next regular meeting will be held on September 7, 1999.

The meeting was opened with an invocation by Mayor Pro Tem Banda 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: Julie Gilbert, Finance Department; Lori Waltman, Treasurer's Office; Janet Miller, Municipal Utilities Department; Marie "Toni" Barber, Police Department; Alesia Castaneda, Police Department; Carlos Castillo, Police Department; and Laurie Johnson, Public Works Department. A ten year service pin was presented to: Michael Smith, Police Department. Fifteen year service pins were presented to: Richard Rylett, Fire Department, and Denise Ausherman, Police Department. Twenty year service pins were presented to: Rick Long, Municipal Utilities Department; Tom Fitzmaurice, Police Department; and Police Chief Jim Bueermann. A twenty-five year service pin was presented to: Ramsey "Al" Webster, Public Works Department. In recognition of 30 years of service, a gold watch was presented to: Daniel Madrid, Public Works Department.

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

Category: Field
John Silva	Municipal Utilities Department Equipment Maintenance Division
Jimmy Miller	Municipal Utilities Department Solid Waste Division
Category: Safety
Kevin Fetterman	Fire Department
Carolyn Salisbury	Police Department
Ricky Smith	Police Department
Category: Administration
Mary Ellen Lambert	Finance Department
Sandra Sanchez	A. K. Smiley Public Library

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

Jimmy Miller, Municipal Utilities Department, Solid Waste Division - Jimmy Miller was nominated for having consistent high productivity with one of the best productivity records in the garage while also being courteous and helpful on a daily basis for many years. He is an excellent employee and a pleasure to work with. Where he truly stands out is his attitude towards work. He has received numerous compliments about his excellent work and his terrific attitude. Recently, he was able to combine this great attitude with a little detective work and a lot of honesty to return a citizen's wallet, full of money, which he found on the street.

Ricky Smith, Police Department - Police Officer Ricky Smith was nominated for his tireless efforts to reduce the number of children injured in bicycle accidents in the City of Redlands and for bringing the Police Department closer to the community. Officer Smith is responsible for the development and implementation of the Police Department's bicycle safety program. He sought out and coordinated the donation of hundreds of bicycle helmets which are given to children in need. He has also sought donations from local merchants which are used to repair the bicycles of needy children at safety programs.

Sandra Sanchez, A. K. Smiley Public Library - Sandra Sanchez. Technical Assistant, was nominated for her superb leadership in the area of library automation which has advanced the library service to patrons by many degrees. Her work performance far exceeds even that of the most exemplary employee because of her wide range of responsibilities. On her own initiative, she has attended seminars, called purveyors, and combed the literature for the latest and best information on the intricate world of library automation.

Minutes - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the minutes of the regular meeting of July 20, 1999, and the adjourned regular meeting of July 27, 1999, 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 July 27, 1999, was acknowledged as received.

Environmental Review Committee - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the report of the Environmental Review Committee meeting held July 26, 1999, and the tentative agenda for the Environmental Review Committee meeting to be held on August 9, 1999, were acknowledged as received.

Resolution No. 5669 - Weed Abatement Assessments - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5669, a resolution of the City Council of the City of Redlands providing for the assessment of costs resulting from the abatement of weeds which constitute a fire hazard.

Resolution No. 5674 - Paramedic Tax Assessments - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5674, a resolution of the City Council of the City of Redlands setting the special tax for emergency paramedic service for fiscal year 1999-2000.

Resolution No. 5675 - Conflict of Interest Code - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5675, 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 and amending Resolution Nos. 3290 and 5553 by adding the position of Assistant City Attorney as a designated position.

Resolution No. 5676 - Traffic - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5676, 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 two handicapped parking spaces and establish three-hour parking limit in a City-owned parking lot located on the east side of Orange Street between Redlands Boulevard and Oriental Avenue.

Agreement - B & B Squares - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved a rental agreement between the City of Redlands Recreation Bureau and B & B Squares for square dancing classes and activities in the Community Center and Joslyn Senior Center and authorized the Mayor and City Clerk to sign the agreement on behalf of the City.

Settlement Agreement - Brickley et al v. PERS - Following clarification of the lawsuit was filed by several former employees for recalculation of retirement benefits with the Public Employees' Retirement System and its settlement, Councilmember Gilbreath moved to ratified the settlement agreement and release for a lawsuit entitled Brickley et al v. PERS. Motion seconded by Councilmember Banda and carried unanimously.

Funds - Telephone System - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved two additional appropriations in the total amount of $15,000.00 ($10,000.00 to come from current reserves of the General [01] Fund and $5,000.00 from the current reserves of the Water [71] Fund) to purchase equipment and services to expand the existing telephone system.

Lease-Purchase Agreement - Street Sweepers - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved a lease purchase agreement with Associates Commercial Corporation for the acquisition of two street sweepers and authorized the Mayor and City Clerk to sign the agreement on behalf of the City.

SCAG Housing Needs Assessment - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously acknowledged receipt of the SCAG Regional Housing Needs Assessment Housing Allocation Program for the City of Redlands and directed staff to continue to monitor and periodically report back on the ongoing review and adoption process regarding this program.

Resolution No. 5677 - Ballot Arguments and Impartial Analysis - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5677, a resolution of the City Council of the City of Redlands setting priorities for filing written arguments regarding City measures and directing the City Attorney to prepare an impartial analysis for each measure on the November 2, 1999, ballot.

Ordinance No. 2411 - Zone Change No. 371 - Ordinance No. 2411, an ordinance of the City of Redlands amending Title 18 of the Redlands Municipal Code by adopting an additional land use zoning plan as part of the Official Land Use Zoning Map and effecting Zone Change No. 371, a change of zoning classification from A-1 (Agricultural) District to R-E (Residential Estate) District for 8.48 acres of property located on Lugonia Avenue, east of Dearborn Street (Assessor's Parcel No. 168-171-06), 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
ABSTAINED:	None

Ordinance No. 2404 - PRD Minimum Lot Size - Ordinance No. 2404, an ordinance of the City of Redlands amending Section 18.144.100 of the Redlands Municipal Code to allow for the reduction in minimum lot size in Planned Residential Developments, 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

Legislative Bulletin - The Governor signed into law this week both AB 1661 (the $150 million local government relief package) and AB 1662 (the $50 million booking fee relief package). Mayor Cunningham noted the trailer bills for local agency finances are a modest step in the right direction. City Manager Luebbers reminded everyone that the State "take-aways" amount to more than $20 million.

Appointment - Human Relations Commission - Mayor Pro Tem Banda moved to appoint Adnan Hasan to the Human Relations Commission for a four-year term ending August 3, 2003. Motion seconded by Councilmember George and carried unanimously. At the end of the evening session, Councilmember Freedman moved to reconsider this action. Motion seconded by Councilmember Cunningham and carried with Councilmembers Gilbreath and George voting NO. Mayor Pro Tem Banda again moved to appoint Adnan Hasan to the Human Relations Commission for a four-year term ending August 3, 2003. Motion seconded by Councilmember George and carried with Councilmember Freedman voting NO.

Northside Business and Residential Development - Councilmember Banda wishes to work a little more on a program she wants to coordinate to get disseminate more information to businesses and residents in the north side of Redlands.

Request for Reimbursement - Mayor Cunningham presented a letter from the Friends of Prospect Park requesting reimbursement for replacement signs ($201.30) and permit fees ($189.53) for the construction of a pavilion to be built in the park with private funds which will then be deeded to the City. Although supportive of the activities of the Friends of Prospect Park, Councilmember Gilbreath asked is this was an improper use of public funds after the fact. City Attorney McHugh was unable to answer the question as he did not have much background on the issue. Councilmember Banda suggested delaying this request. Councilmember Cunningham moved to approve the request from the Friends of Prospect Park for reimbursement subject to review by the City Attorney. Motion seconded by Councilmember Banda and carried unanimously.

Pay-Off List - City Attorney McHugh reported that District Attorney Stout responded to the City Council's request at their last meeting by saying there was no "pay-off list" as has been described in the press; that the document in question is not in the District Attorney's possession; and that the document is in the hands of the victim. Councilmember Freedman moved to ask Majestic Realty Company and Latham & Watkins, Attorneys at Law, if the document exists, and if so, would they mind sharing it with the City Council. Motion seconded by Councilmember Banda and following much contemplation by each Councilmember, the motion carried with Councilmember Gilbreath voting NO.

Area Code Status Report - Councilmember Freedman reported as liaison to the Public Utilities Commission that the 909 area code will not be split as we were supporting but that it will have an overlay which will take effect next November. Mayor Cunningham noted that an overlay area code is a real inconvenience.

Resolution No. 5680 - Mortgage Revenue Bonds - Mountain View Acres - Kenneth E. Feenstra, Vice President of Mountain View Acres, Inc., again requested the City Council consider their request that the City assist them in obtaining Mortgage Revenue Bonds to provide financing for their senior housing complex to be located on the east side of Wabash Avenue between Fifth and Highland Avenues on the east side of the City of Redlands. He assured Councilmembers there would be no financial obligation on the part of the City of Redlands, read his "staff report," and urged them to adopt Resolution No. 5680 which he had prepared for the City Council's consideration. Councilmember Banda moved to adopt Resolution No. 5680, a resolution of the City Council of the City of Redlands, California (the Council) declaring the Council's intent to issue an amount not to exceed $6,700,000 of its variable rate demand Mortgage Revenue Bonds to provide financing for an assisted living facility to be owned and operated by Mountain View Acres, Inc. and known as Mountain View Acres. Motion seconded by Councilmember Freedman and carried unanimously.

Councilmember Gilbreath move to add the following item to the agenda which arose subsequent to the agenda being posted: "Closed session: Conference with its real property negotiator - Government Code Section 54956.8 as follows:

Property:	APN 299-011-05
Negotiating parties:	Ronald C. Mutter and Fred J. and Anetha Stafford
Under negotiation:	Terms and price"

Motion seconded by Councilmember Banda and carried unanimously.

The City Council meeting recessed at 3:40 P.M. to a Redevelopment Agency meeting and reconvened at 3:42 P.M. to a closed session to also discuss the following:

1. Conference with legal counsel: Existing litigation - Government Code Section 54956.9(a)
   - CNB v. City of Redlands
   - Redlands Joint Venture LLC v. City of Redlands and Timberlake - SCV 54994, 34737, 33330
   - Claim of Ms. Susan Reid
   - Aaron Van Mill v. City of Redlands
2. Conference with legal counsel: Anticipated litigation - Government Code Section 54956.9(c)
   - One case

The meeting reconvened at 7:00 P.M.

Specific Plan No. 45, Amendment No. 5 - Public hearing was advertised for this time and place to consider a Mitigated Negative Declaration for Amendment No. 5 to Specific Plan No. 45 for the acquisition of property and construction of a bus transit facility within the Town Center-Historic District located between Third Street and Orange Street, south of Shopper's Lane. Staff requested additional time to resolve certain issues with respect to the bus transit facility site and anticipated that the components of the project would be in final form for the September 7, 1999, City Council meeting. Councilmember Freedman moved to continue this item to September 7, 1999. Motion seconded by Councilmember Gilbreath and carried unanimously.

Ordinance No. 2415 - Specific Plan No. 45, Amendment No. 5 - Public hearing was advertised for this time and place to consider Ordinance No. 2415 for the adoption of Amendment No. 5 to Specific Plan No. 45 for the acquisition of property and construction of a bus transit facility within the Town Center-Historic District located between Third Street and Orange Street, south of Shopper's Lane. Staff requested additional time to resolve certain issues with respect to the bus transit facility site and anticipated that the components of the project would be in final form for the September 7, 1999, City Council meeting. Councilmember Freedman moved to continue this item to September 7, 1999. Motion seconded by Councilmember Gilbreath and carried unanimously.

Appeal - Conditional Use Permit No. 688 - Public hearing was continued to this time and place to hear an appeal to the Planning Commission decision of June 8, 1999, to approve a conditional use permit for a billiard room in the C-2 (Neighborhood Convenience) District at 1544 Orange Street; Ezequiel Ocampo, applicant. The City Council appealed this decision to afford an opportunity to review the project and consider neighborhood concerns. On July 20, 1999, the City Council, after review this proposal and taking into consideration testimony from other tenants within this existing Neighborhood Convenience Shopping Center, continued this item to this meeting. This continuation was to afford staff an opportunity to prepare findings for denial based on the public hearing and City Council input. Staff was unable to identify facts and findings to support a denial, however, prepared an alternative motion for denial in accordance with the City Council's direction. Mayor Cunningham declared the meeting open as a public hearing for any further questions or comments. Gloria Flores again expressed concerns for their clients at SHU which is located in the same complex. Caesar Ocompo, son of the applicant, urged the City Council to approve their application. Councilmember George presented a compromise since clear findings to deny the application cannot be found and suggested allowing the business to operate for a 90-day review period. He did not receive support for his suggestion. Staff noted that if the City Council continued this matter, it appears that the business can operate under the conditions of the Planning Commission's approval. Councilmember Freedman moved to continue this public hearing until September 7, 1999, and directed staff to prepare a report on the activities that led to the closure of the billiard hall on San Mateo Street and Brookside Avenue and to monitor this site. Motion seconded by Councilmember Banda and carried unanimously.

Ordinance No. 2416 - Laser Devices - Police Chief Bueermann reported the use of laser devices for medical, scientific, industrial, commercial, law enforcement, and sporting purposes is of unquestioned value and benefit. However, the misuse of laser devices to distract, intimidate, and/or harass serves no legitimate purpose and constitutes a hazard and danger to the health, welfare and safety of the citizens of the community. At this time, there is no State statute nor law regulating or prohibiting the uses of a laser device except if it is pointed or directed at aircraft. This proposed ordinance will restrict the use of laser devices without limiting its legitimate uses. Ordinance No. 2416, an ordinance of the City of Redlands amending Chapter 9.21 of the Redlands Municipal Code regulating the use of laser devices, 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. 2416 was introduced with unanimous Council approval and laid over under the rules with adoption scheduled for September 7, 1999.

Ordinance No. 2419 - Ultralight Aircraft - During the time that Norton Air Force Base was in operation, the Federal Aviation Administration (FAA) required the City of Redlands to prohibit ultralight aircraft from operating at the Redlands Municipal Airport. Now that Norton Air Force Base has ceased operations, City staff has been informed by the FAA that the ultralight prohibition is no longer necessary. Further, the FAA has no objection to ultralight aircraft operating at the Redlands Municipal Airport and has encouraged the City to permit the operation of such aircraft. Ordinance No. 2419, an ordinance of the City of Redlands amending Chapter 12.56 of the Redlands Municipal Code relating to the operation of ultralight aircraft at the City's municipal airport, 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. 2419 was introduced with unanimous Council approval and laid over under the rules with adoption scheduled for September 7, 1999.

Ordinance No. 2414 - Ballot Measure - Further refinement of the language in Ordinance No. 2414, an initiative ordinance of the People of the City of Redlands amending the Land Use, Circulation and Health and Safety Elements of the Redlands General Plan to establish a new residential land use classification and change density standards in the San Timoteo Canyon and Live Oak Canyon areas, and establish City-wide grading limitations, was presented by Mayor Cunningham. Lois Bauman, who owns property on Alta Vista Drive, asked what the zoning status was on her property. This was discussed at length and she was given the choice of residential or commercial. Tex Moore had submitted hand-written suggestions earlier in the day to staff and reviewed his solutions. Councilmember George expressed serious concerns about applying grading limitations City-wide. Councilmembers concurred to apply these limitations only to the canyon areas. Pat Meyer asked for clarification on some of the hand-written comments. Councilmember Cunningham moved to approve the additional amendments recommended, the exemptions requested by Pat Meyer, directed staff to insure consistency occurs, and to place the revised Ordinance No. 2414 on the November ballot. Motion seconded by Councilmember Banda and carried with Councilmembers Gilbreath and George voting NO.

AB-1553 - Donut Hole Legislation - In response to the City Council's direction at the July 29, 1999, meeting, City Manager Luebbers presented a quote of $20,000.00 from Stefan George Associates (note: no relationship to Councilmember George) for lobbying services. Based on Ms. George's grasp of the issue at hand and her work with the American Planning Association, it appears she would be a good choice to represent Redlands in its lobbying efforts to defeat AB 1553. Councilmember Freedman moved to approve the proposed contract with Stefan George Associates; authorized the Mayor to sign the contract on behalf of the City; authorized the City Manager to sign FPPC Form No. 602 authorizing this lobby activity; and authorized an appropriation in the amount of $20,000.00 for the contract. Motion seconded by Councilmember Banda and following discussion carried with Councilmembers Gilbreath and George voting NO. Mayor Cunningham reported he would call a special meeting of the City Council to be held in Sacramento to allow all five Councilmembers to participate in this lobbying effort. Councilmember George suggested he and Councilmember Freedman take a one-day trip to Sacramento with two professional firefighters and see what they could accomplish. Councilmember Gilbreath moved to support this objective; motion seconded by Councilmember George. Mayor Cunningham stated he would still call a special meeting so that all five Councilmembers could go and the motion failed with Councilmembers Cunningham, Banda, and Freedman voting NO.

Mayor Cunningham presented a letter dated July 29, 1999, from the Redlands YMCA asking for modifications of CDBG funds allocated to the YMCA and an additional allocation from the City's contingency fund Noting that the need to take action was immediate, Councilmember Banda moved to add this request to the agenda which arose subsequent to the agenda being posted. Motion seconded by Councilmember Freedman and carried unanimously. Ken Stein, General Director of the Redlands YMCA, explained they are entering into a lease agreement for 10,000 square feet at the former Thrifty building at the corner of Church Street and Lugonia Avenue to open a pre-school for approximately 200 low-income children. The change of use from a drug store to a pre-school requires an adjustment to the water and sewer capitalization fees. He requested the City Council consider approving a re-direction of funds in the amount of $5,000.00 allocated to the YMCA of Redlands for a fire sprinkler project in the boiler room area to the sewer/water capitalization and hook up charges, and to approve an allocation of $14,000.00 from the City of Redlands CDBG contingency funds to the YMCA of Redlands to be used as partial payment of the sewer/water capitalization and hook up charges for the YMCA Pre-school project. Councilmember Gilbreath moved to approve this request subject to determination of eligibility by the San Bernardino County Department of Economic and Community Development Department and contingent on the City of Redlands' plan approval and bidding process. Motion seconded by Councilmember Freedman and carried unanimously.

There being no further business, the City Council meeting adjourned at 8:35 P.M. The next regular meeting scheduled to be held on August 17, 1999, will not be held. The City Council will meet on September 7, 1999.

AB-1533 - Calderon/Majestic Realty Donut Hole Legislation - Mayor Cunningham called this special meeting to order to discuss the ramifications and response by the City to special legislation in Sacramento. City Attorney McHugh informed Councilmembers he had received a telephone call from Mr. Carrig, League of California Cities, who offered to help shepherd us through the hallways in the State Capitol. Gordon Hart, lobbyist for Timberlake, summarized what is known at this time. The Senate Local Government Committee will meet on August 18, 1999, to discuss AB-1533; the actual language will be available on August 9, 1999, but it appears it will be amended in a significant fashion. Mr. Hart explained the process for passage of a bill in Sacramento. Councilmembers discussed this subject at length. Susan Peppler, a legislative specialist, offered to assist in a "grass roots" campaign. Council discussed advantages of hiring a lobbyist to assist the City on this matter. Pr! esid ent of the Redlands Fire Fighters Dan Crow offered their assistance and recommended including his group and Chamber of Commerce people in the contingency travelling to Sacramento. Councilmembers Gilbreath and George were not in favor of hiring a lobbyist or advocate. Changing his original motion to hire a lobbyist, Councilmember Freedman moved to direct staff to seek proposals from registered lobbyists and report to the City Council at the August 3, 1999, meeting. Motion seconded by Councilmember Banda and carried unanimously. Councilmember Freedman also moved to direct staff to proceed and make appointments on behalf of the League of California Cities for Mr. Carrig and two of our elected officials to meet with legislators in Sacramento on August 16 and 17, 1999. Motion seconded by Councilmember Banda and carried unanimously.

ADJOURNMENT

PUBLIC HEARINGS

City Council Ballot Initiatives - Public hearings were continued to this time and place to consider two initiative ordinances regarding amendments to the Redlands General Plan: proposed Ordinance No. 2412 amending the Growth Management, Design, Land Use and Circulation Elements of the Redlands General Plan; and proposed Ordinance No. 2414 amending the Land Use Element and the Circulation Element of the Redlands General Plan to establish a new residential land use classification in the San Timoteo Canyon and Live Oak Canyon areas. Since the meeting of July 20, 1999, Mayor Cunningham, Councilmember Banda and Councilmember Freedman suggested modifications to the ordinances being discussed. The revised ordinances were distributed July 26, 1999.

Proposed Ordinance No. 2412 - The public hearing was opened by Mayor Cunningham. Louis Fletcher, citing that the ordinances are being discussed without proper time for public review, requested that no action be taken by the Council today but continued to another meeting. He is concerned that the initiatives have serious consequences in terms of higher fees and reduced levels of City services. Pat Meyer concurred these are being rushed, as evidenced by the typing mistakes. He then explained to Council, utilizing the City-generated map, that there is a particular street that will be looped but could be defined as a "new" street that serves only two homes in the Sector 10 specific plan. By consensus among Councilmembers and staff, it will be added by reference. Discussion then followed concerning dates within the body of the ordinance which needed to be consistent with the General Plan. On motion of Councilmember Freedman, seconded by Councilmember Banda, Council un! animously voted to remove reference to August 1, 1999, on page five. Councilmember Freedman then moved to approve Ordinance No. 2412 for placement on the November 2, 1999, ballot. Motion seconded by Councilmember Banda and carried with Councilmember Gilbreath voting NO and stating she felt strongly that the Council should have available for the public extra copies of the General Plan and the map being considered. She also felt CEQA and noticing requirements were not met. When property is down-zoned it cou ld be interpreted as a "taking," leaving it with no viable use.

Proposed Ordinance No. 2414 - Prior to any discussion, Mayor Cunningham pointed out that the most recent map indicates that property he owns is more than 2,500 feet from the area being discussed so he has no conflict according to State law. However, Mayor Pro Tem Banda will lead this portion of the meeting. A discussion then followed among all Councilmembers and the audience as to which map was being considered. A chronology of changes and printing dates were explained. On motion of Councilmember Cunningham, seconded by Councilmember Banda, Council approved the map dated July 19, 1999, as the one to be considered at this meeting. Councilmember Gilbreath voted NO stating that she is against the whole process being utilized for this ordinance. Councilmember Banda reviewed statistics predicting a sharp increase in population and traffic an said now is the time to plan for future growth and asked for support of this ordinance.

The public hearing was then opened for public comments. Terrance Emershy stated that he is presently processing a project and soon will be submitting his plans but there are issues that need to be clarified. Theodora Banta reiterated her prior comments that she supports the initiative because it preserves habitats, trails and watershed and is also supported by the Greenway Conservancy. Rufus (Tex) Moore did not believe this initiative could have an impact on any development in the "Donut Hole." Pat Meyer objected to the "Resource Preservation (RL Density)" (Section 5) where proposed as well as a portion of the (Section 4) "Natural Slopes" limitation on building pads and bike trails, as well as urban streets. Bob Rappuchi stated that Sunset Drive is not conducive to heavy traffic which is increasing and urged letting the voters decide. Henry Dillon supported the initiative ordinance. George Riday referred to animal studies that uphold the theory that heavy population re! sults in negative results. H e felt we have a lovely area to live in and it is worthwhile foregoing additional revenue for that benefit. Jeff Sabatini stated that after serving in the Civilian Volunteer Patrol, he has seen first hand that most of the traffic density is from people merely driving through; there is no rush of developers to build in the Canyon and this is crying wolf. The public hearing was then closed. Councilmember Banda stated the initiative is modeled after the community of Claremont. She then read from a Claremont document regarding grading and building pads. Councilmembers reviewed the proposed ordinance, section by section, refined the language, eliminated a sentence in Section 4 concerning building pads, added reference to planned residential developments which would address clustering of homes, addressed rural roads, and amendments to the Land Use Element of the General Plan (page 25) pertaining to Residential Land Uses and Density within the Southeast Area Plan (Page 30) to ref! eren ce the July 19, 1999, map. (Councilmember Banda distributed suggested wording at the meeting.)

Councilmember George moved to continue this item because the language changes and the map changes are still being finalized. The County's deadline can still be met if this is reviewed again at the August 3, 1999, Council meeting. There was no second to this motion. Councilmember Banda moved to approve Ordinance No. 2414 for the November 2, 1999, ballot. Councilmember Freedman seconded the motion, and said the City Council is not making the decision, only presenting the ordinances to the voters. Councilmember George stated this is a "rush to judgement," this is bad planning policy and is inconsistent, unfair and unwise. Mayor Cunningham reminded Councilmembers no issue has been vented publicly as much as these initiatives; all the changes have been compiled at Council meetings with public input; it is appropriate to go to the people as they are the final arbitrators of the future. City Attorney McHugh stressed that the General Plan handout should be forwarded to staff an! d th e July 19, 1999, map should be forwarded to the City Clerk. Finalized ordinance initiatives will be distributed in the next few days reflecting today's changes which will allow the City Council to place them on the August 3, 1999, agenda if needed. Ordinance No. 2414 was approved with Councilmembers Gilbreath and George voting NO.

Resolution No. 5670 - Special Election for Ballot Measures - Resolution No. 5670, a resolution of the City Council of the City of Redlands calling and giving notice of the holding of a special municipal election for the purpose of submitting two measures to the voters and requesting the Board of Supervisors of the County of San Bernardino to consolidate said election with the election to be held on Tuesday, November 2, 1999, was unanimously approved on motion of Councilmember Banda, seconded by Councilmember Freedman.

Smiley Library Grant Application - Mayor Cunningham advised Councilmembers that Library Director Burgess requested he sign a letter of support to accompany an application for grant funds which must be submitted within the next few days. Councilmember Gilbreath moved to add this matter to the agenda which arose subsequent to the agenda being posted. Motion seconded by Councilmember Cunningham and carried unanimously. On Motion of Councilmember Freedman, seconded by Councilmember Banda, Council unanimously authorized the Mayor to sign a letter of support to accompany the application for grant funds on behalf of the A. K. Smiley Public Library.

Donut Hole Development AB 1553 (Calderon)- City Manager Luebbers reported the League of California Cities called him today as well as the City Attorney and he desired to inform Councilmembers of the information. Councilmember Freedman moved to add this matter to the agenda which arose subsequent to the agenda being posted. Motion seconded by Councilmember Banda and carried unanimously. As reported at the July 20, 1999, Council meeting, the City has been monitoring AB 1553 (Calderon) which would enact legislation which would change existing laws governing development in the "Donut Hole." Following a delay, it is now scheduled to be discussed in Sacramento on August 18, 1999. Language is being amended by Assemblyman Baca and will be available after August 9, 1999. As soon as possible appointments should be set up with legislators, selection of which Councilmembers will travel to Sacramento, plane/hotel reservations made, etc. Councilmember Freedman moved to start ! the process, directing the secretaries to work with the League of California Cities to set up appointments and the Mayor to appoint Councilmembers to travel to Sacramento to meet with members of the Legislature. Councilmember Gilbreath seconded the motion and stated we should get the process started but it would be beneficial to have the language to review. Mayor Cunningham stressed he had no problem authorizing staff to take all measures necessary to protect the City. City Manager Luebbers inquired about authorization to employ a lobbyist and public relations firm to assist the City. Councilmember George questioned the costs; he would not approve a blank check. Councilmember Freedman explained that the City is looking at a $5,500,000 investment loss in the Donut Hole. So whatever the cost is, even up to $150,000, the City would benefit. Mayor Cunningham added that most San Bernardino County Cities already have their own lobbyist in Sacramento. City Manager Luebbers encoura! ged the City Council to meet on Thursday, July 29, 1999, at which time he will have additional information and the City Council can make a decision on the facts, but we can start the process now. Councilmember Gilbreath announced she would not be available but agreed to communicate via telephone with the City Council during the meeting time so that she can participate in the discussion. Motion carried unan imously.

There being no further business, the City Council meeting adjourned at 8:59 P.M. The City Council will hold a special meeting on July 29, 1999, at 1:00 P.M. The next regular meeting will be held on August 3, 1999.

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, the minutes of the adjourned regular meeting of June 29, 1999, the regular meeting of July 6, 1999, and the adjourned regular meeting of July 12, 1999, 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 July 13, 1999, was acknowledged as received.

Environmental Review Committee - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the report of the Environmental Review Committee meetings held June 28, 1999, and July 12, 1999, were acknowledged as received.

Agreement - Colton and Wabash Avenues Right of Way - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously ratified the agreement regarding purchase of fee interest between Paul and Joy Meines and the City of Redlands for acquisition of right-of-way at Colton Avenue and Wabash Avenue (APN 299-011-04, 724 North Wabash Avenue, $3,050.00).

Resolution No. 5664 - Regional Airport Plan - Mayor Cunningham explained the background about Resolution No. 5664, a resolution calling for a Regional Airport Plan for Southern California and urging the communities of Southern California including the City of Los Angeles, the Counties of Los Angeles, Orange, San Bernardino, Riverside, and Ventura; the State of California; and our congressional representatives to join together in developing a Regional Airport Plan that constrains LAX to operate within the capacity of its existing facilities and develops the capacity of the many other commercial airports in Southern California to service the expanding air commerce marketplace, and moved to adopt the resolution. Motion seconded by Councilmember Freedman and carried unanimously.

Resolution No. 5667 - Water Bond Issue - Mayor Cunningham explained the background about Resolution No. 5667, a resolution of the City Council of the City of Redlands supporting the Santa Ana Watershed Project Authority (SAWPA) Program and urging the legislature and the Governor to place a water bond on the March, 2000, ballot, and moved to adopt the resolution with an expression of concern about including major dam construction within the bond issue. Motion seconded by Councilmember Banda and carried unanimously.

Resolution No. 5668 - Measure O Tax Rate - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved Resolution No. 5668, a resolution of the City Council of the City of Redlands levying a tax rate for fiscal year 1999-2000 to service the annual principal, interest, and other charges relating to the Measure O 1994 General Obligation Refunding Bonds.

Agreement - City of Loma Linda Water Service - Municipal Utilities Director Phelps explained the need for an agreement with the City of Loma Linda for temporary emergency water service. Councilmember Freedman noted we are being good neighbors in their time of need, and moved to approve the agreement and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. Motion seconded by Councilmember Banda and carried unanimously.

Contract Award - Landscape Maintenance Assessment District - Bids were opened and publicly declared on July 8, 1999, by the City Clerk for a three-year contract to maintain six existing landscape areas around specific tracts paid with monies through the Landscape Maintenance Assessment District; 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 Campesino Landscape, Corona, in the amount of $22,404.96; 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 sign the contract on behalf of the City.

Amendment to Agreement - Water Resources Management Plan - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved Task Order No. 13, Amendment No. 3, in the amount of $25,000.00 with the engineering firm of CH2M-Hill for continuation of the Water Resources Management Plan.

Amendment to Agreement - Water Resources Management Plan - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved Task Order No. 16 in the amount of $20,000.00 with the engineering firm of CH2M-Hill to continue the Water Resources Management Plan.

Loan Agreement - Redlands Chamber of Commerce - Councilmember Gilbreath informed Councilmembers that Bob Clark, President of the Redlands Chamber of Commerce asked that this matter be pulled from the agenda and continued for two weeks to allow their Board of Directors to discuss this at their meeting to be held on Wednesday, July 21, 1999. It was also noted a check had been received from the Redlands Chamber of Commerce on Monday, July 19, 1999, and that the Chamber of Commerce was now caught up with last year's bill. Councilmember Gilbreath moved to continue this matter to August 3, 1999. Motion seconded by Councilmember George and carried unanimously.

Contract - State Mandated Costs 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 1999-2000.

Rent Review Board Arbitration List - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved an arbitration list for the Mobile Home Rent Review Board which was provided by the San Bernardino County Bar Association.

Resolution No. 5671 - Salary - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5671, a resolution of the City Council of the City of Redlands amending Resolution No. 5657 (which established a salary schedule and compensation plan for City employees) to add the classification of Assistant City Attorney.

Letter - Federal Energy Regulatory Commission - Noting she had a potential conflict of interest, Councilmember Gilbreath left the City Council Chambers prior to the City Council taking action on the following matter. By AYE votes of all present, on motion of Councilmember Banda, seconded by Councilmember Freedman, the City Council approved and authorized the Mayor to sign a joint letter on behalf of the City of Redlands to the Federal Energy Regulatory Commission encouraging continuation of the East End Collaborative Process. The collaborative process has been initiated to address Southern California Edison's application for re-licensing of its Mill Creek Nos. 2 and 3 and Santa Ana 1 and 2 Hydro-Generation facilities.

Funds - Orange Tree Planting - On motion of Councilmember Banda, seconded by Councilmember Freedman, the City Council unanimously approved an additional appropriation in the amount of $9,424.00 from current revenues of the Groves (18) Fund for planting additional Valencia orange trees on the newly acquired Mullin Property. These funds came from the current revenue from this year's crop on the subject property which was donated to the City by J. Stanley Mullin. Councilmembers expressed their appreciation to Mr. Mullin for this donation and said it had been a pleasure to deal with him during the recent property acquisition transaction.

Contract - Redlands Community Music Association - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved a contract with the Redlands Community Music Association for the implementation of the children's workshops which are held at the Community Center from July 1999 through June 2000.

Air Quality Issues - AQMD Director of Government Affairs Larry Reinhart introduced Leonard Paulitz, AQMD Board Member who is Montclair's Mayor Pro Tem. Mr. Paulitz updated Councilmembers on air quality issues being addressed by the AQMD and commended the City of Redlands for doing a great job especially with our clean-air fleet.

Mountain View Acres Bond Issues - Kenneth E. Feenstra, Vice President of Mountain View Acres, Inc., requested the City Council to consider their request the City assist them in obtaining Mortgage Revenue Bonds to provide financing for their senior housing complex to be located on the east side of Wabash Avenue between Fifth and Highland Avenues on the east side of the City of Redlands. He explained the process and assured Councilmembers there would be no financial obligation on the part of the City of Redlands. Noting we have done similar bond issues in the past, City Manager Luebbers said if the City Council so directs, staff will proceed with the process. Councilmembers indicated their support of the request and authorized staff to proceed.

Legislative Bulletin - Councilmember Freedman noted the Governor had signed the local government assistance bills. Mayor Cunningham also noted Senator Peace is moving forward on long-term funding for cities. City Manager Luebbers noted the City of Redlands is over $20 million in the hole as a result of the State "take-aways." Councilmember Gilbreath reported that the Hayden Bill will require people 75 years and older to obtain annual driver's license renewals.

Redlands Bowl - No Smoking Area - The Redlands Community Music Association is requesting the no smoking area be expanded in the Redlands Bowl. Currently the west half of the Bowl is non-smoking; they are asking to add another quadrant as non-smoking leaving the far east quadrant for smoking. Councilmember Cunningham moved to approve their request and directed staff to post the Bowl as necessary. Motion seconded by Councilmember Banda and carried unanimously.

Appointment - Parks Commission - Mayor Cunningham moved to nominate Gary R. Thompson to serve a four-year term which will expire on June 16, 2003, on the Parks Commission. Motion seconded by Councilmember Gilbreath and carried unanimously.

Appointment - Cultural Arts Commission - Mayor Cunningham moved to nominate Frederick C. Edwards to fill the vacancy created by the resignation of Phyllis Monk Kinzle which to January 6, 2003, on the Cultural Arts Commission. Motion seconded by Councilmember Banda and carried unanimously.

Appointment - Traffic and Parking Commission - Mayor Cunningham moved to nominate Chuck Alexander to fill the vacancy created by the resignation of Bettie Dickerson Siebuhr to December 20, 2000, on Traffic and Parking Commission. Motion seconded by Councilmember Banda and carried unanimously.

Appointment - Street Tree Committee - Mayor Cunningham moved to nominate Andrew C. Johnson to fill the vacancy created by the resignation of Lea Anderson to February 16, 2003, on the Street Tree Committee. Motion seconded by Councilmember Banda and carried unanimously.

Request for "Pay Off" Document - Mayor Cunningham said that following reports in local newspapers of the explosive testimony of one witness in the recent Jane Un trial regarding a document allegedly containing payment information to stop a competing mall developer from building in Redlands, he has received many inquires from the public. He felt the contents of this document needed to be made public to clear Redlands' officials and staff. Councilmember Freedman moved to ask the City Attorney to request the District Attorney to share the contents of the letter. Motion seconded by Councilmember Banda and carried with Councilmember Gilbreath voting NO as she felt it was not an appropriate action at this time.

Fern Lodge Project - The house to the east of the American Baptist Homes of the West project on Redlands Boulevard and Fern Avenue is to be sold at appraised value with the proceeds to be transmitted to the City or to be deeded to the City. Mayor Cunningham moved to let ABHOW dispose of the property and transmit the proceeds to us as this would be more advantageous for the City. Motion seconded by Councilmember Banda and carried unanimously.

Resolution No. 5665 - Great Neighborhoods Program - Councilmember Banda moved to adopt Resolution No. 5665, 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 to implement an additional six participant agreements which will be acted upon by the Board of Directors of the Redevelopment Agency. Motion seconded by Councilmember Freedman and carried unanimously. Maps, requested by Councilmember Banda, showing the location of the Great Neighborhoods Program and First Time Homebuyers recipients were distributed prior to the evening session. (Also see Redevelopment Agency minutes dated July 20, 1999.)

Resolution No. 5635 - Mountain View Acres Project - Councilmember Banda moved to adopt Resolution No. 5635, a resolution of the City Council of the City of Redlands authorizing the use of low- and moderate-incoming housing funds outside the Redlands Project Area for an allocation of $600,000.00 in set-aside funds from the Developer Assistance category for the construction of the Mountain View Acres Project. Motion seconded by Councilmember Freedman and carried unanimously. This is a senior housing complex consisting of 30 bungalows, 84 independent living units, 102 assisted living units, and a 24-bed Alzheimer facility. (Also see Redevelopment Agency minutes dated July 20, 1999.)

The City Council meeting recessed at 4:01 P.M. to continue the Redevelopment Agency meeting and reconvened at 4:06 P.M. to a closed session to hold a conference with its legal counsel as follows:

1. Existing litigation - Government Code Section 54956.9(a) - Redlands Joint Venture LLC v. City of Redlands and Timberlake - SCV 54994

The meeting reconvened at 7:00 P.M.

Appeal - Conditional Use Permit No. 688 - Public hearing was advertised for this time and place to hear an appeal to the Planning Commission decision of June 8, 1999, to approve a conditional use permit for a billiard room in the C-2 (Neighborhood Convenience) District at 1544 Orange Street; Ezequiel Ocampo, applicant. The City Council appealed this decision to afford an opportunity to review the project and consider neighborhood concerns. Community Development Director Shaw reported the proposed project, as conditioned, meets all the development standards for this zone district. Condition of Approval No. 12, which was added by the Planning Commission as part of their approval, will assist in determining if this use is creating negative impacts. If it is determined that this use is creating some negative impacts, the Planning Commission may incorporate additional conditions of approval to insure compliance with the Code. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. Gloria Flores, Elisa Hubbard, and Rosie Macias each expressed concerns for their clients at SHU which is located in the same complex. Caesar and Betsy Ocampo, son and daughter of the applicant, urged approval of their application for this conditional use permit. They promised alcohol would not be sold and asked the City Council to give them six months to prove there will not be any problems. There being no further comments, the public hearing was declared closed. Following discussion, Councilmember Freedman moved to direct staff to report back on August 3, 1999, at 7:00 P.M. with findings for denial for the City Council's review. Motion seconded by Councilmember Freedman and carried unanimously.

Ordinance No. 2403 - Zoning Ordinance Text Amendment No. 264 - Public hearing was advertised for this time and place to consider the Notice of Preparation of Draft Negative Declaration for Ordinance No. 2403, Zoning Ordinance Text Amendment No. 264 relating to Housing Density Bonuses. Community Development Director Shaw reported that State law and the City's General Plan Policy 6.10e provide the ability to give a Density Bonus of 25 percent to proponents of housing for low income or the elderly. This proposed ordinance brings the City's zoning ordinance into compliance with State law on this subject. He summarized each of the sections of the proposed ordinance, all of which are mandated by State law except for the section labeled "Development Incentives." The City may choose which "Development Incentives" are part of the ordinance. Although it is required to have at least one "Development Incentive," the City can choose among those listed in the proposed ordinance. An important factor in considering this section is that incentives are used on a case by case basis and the complete list gives the City flexibility in approving the best project possible. Mayor Cunningham noted he would like additional time to review this proposed ordinance with staff. He declared the meeting open as a public hearing for any questions or comments. None being forthcoming, the public hearing was unanimously continued to September 7, 1999, on motion of Councilmember Cunningham, seconded by Councilmember Banda.

Curtis Development Project- Public hearings were advertised for this time and place to consider the Socio-Economic Cost Benefit Studies and Notices of Preparation of Negative Draft Declarations for Resolution No. 5663, approving the removal from the Agricultural Preserve 8.48 acres of land in the A-1 (Agricultural) District, and Ordinance No. 2411, Zone Change No. 371, a change of zone from A-1 (Agricultural) District to R-E (Residential Estate) District for Assessor's Parcel No. 168-171-06, for property located on Lugonia Avenue, east of Dearborn Street, and to consider the Notice of Preparation of Negative Draft Declaration for Ordinance No. 2404 for Zoning Ordinance Text Amendment No. 265 relating to the minimum lot size in a planned residential development. Councilmember Banda left the City Council Chambers saying she had a potential conflict of interest as she lived to close to the proposed project. Community Development Director Shaw explained the applicant proposes to establish a 164-lot single family Planned Residential Development (PRD) on 61.27 acres via Tentative Tract No. 15937 and Conditional Use Permit No. 686. This project is contingent upon the approval of Agricultural Preserve Removal No. 91 and Zone Change No. 371. This proposed project also includes an application for Zoning Ordinance Text Amendment No. 265 to allow a lesser lot size than the 10,000 square foot lots currently specified for PRDs in the R-E (Residential Estate) District. On June 22, 1999, the Planning Commission reviewed all the above noted requests and unanimously voted to recommended to the City Council approval of all five items and the associated Mitigated Negative Declarations and Socio-Economic Cost Benefit Study. However, only the legislative items, which include the Agricultural Preserve Removal, Zone Change, and Zoning Ordinance Text Amendment, are before the City Council today. These requests must be approved and in place before any action can be taken on associated Tentative Tract No. 15937 and Conditional Use Permit No. 686. These items, depending on the City Council action on these legislative items, are currently scheduled for City Council consideration on September 7, 1999. Community Development Director Shaw reviewed the application. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. Representing the applicant, Pat Meyer commended staff for their efforts and urged the City Council to support the Planning Commission's recommendation. There being no further comments, the public hearing was declared closed.

Resolution No. 5663 - Agricultural Preserve Removal No. 91 - Councilmember Freedman moved to approve the Mitigated Negative Declaration for Agricultural Preserve Removal No. 91 and directed staff to file and post a "Notice of Determination" in accordance with City guidelines as 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 Gilbreath and carried with Councilmember Banda abstaining. Councilmember Freedman moved to approve the Socio-Economic Cost Benefit Study for Agricultural Preserve Removal No. 91 as its approval will not create unmitigable physical blight or overburden public services in the community, and no additional information or evaluation is needed. Motion seconded by Councilmember Gilbreath and carried with Councilmember Banda abstaining. Councilmember Freedman moved to approve Resolution No. 5663, a resolution of the City Council of the City of Redlands amending Agricultural Preserve boundaries previously established by Resolution No. 5291 and Agricultural Preserve Removal No. 91, based on the following findings: the applicant is the legal owner of record; the land requested to be removed from the Agricultural Preserve is adjacent to a developed zone other than agriculture; the application is in conformity with the Redlands General Plan; the land requested to be removed from the Agriculture Preserve does not circumvent land under contract in accordance with the California Land Conservation Act of 1965; and the land to be removed from the Agriculture Preserve is not in, nor adjacent to, property in the Agriculture Preserve and therefore this proposed urban development will not impact the properties in the immediate vicinity. Motion seconded by Councilmember Gilbreath and carried with Councilmember Banda abstaining.

Ordinance No. 2411 - Zone Change No. 371 - Councilmember Freedman moved to approve the Environmental Review Committee's Negative Declaration for Ordinance No. 2411, an ordinance adopting Zone Change No. 371, a change of zone from A-1 (Agricultural) District to R-E (Residential Estate) District for 8.48 acres of land located on Lugonia Avenue, east of Dearborn Street (APN 168-171-06), 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 with Councilmember Banda abstaining. Councilmember Freedman moved to approve the Socio-Economic Cost Benefit Study for Zone Change No. 371 as its approval will not create unmitigable physical blight or overburden public services in the community, and no additional information or evaluation is needed. Motion seconded by Councilmember Gilbreath and carried with Councilmember Banda abstaining. Ordinance No. 2411, 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. 371, was read by title only by City Clerk Poyzer and on motion of Councilmember Gilbreath, seconded by Councilmember Freedman, was introduced and laid over under the rules with adoption scheduled for August 3, 1999, with Councilmember Banda abstaining.

Ordinance No. 2404 - Zoning Ordinance Text Amendment No. 265 - Councilmember Freedman moved to approve the Mitigated Negative Declaration for Ordinance No. 2404, Zoning Ordinance Text Amendment No. 265 relating to the minimum lot size in a planned residential development and directed staff to file and post a "Notice of Determination" in accordance with City guidelines as 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 Gilbreath and carried with Councilmember Banda abstaining. Councilmember Freedman moved to approve the Socio-Economic Cost Benefit Study for Ordinance No. 2404 as its approval will not create unmitigable physical blight or overburden public services in the community and no additional information or evaluation is needed. Motion seconded by Councilmember Gilbreath and carried with Councilmember Banda abstaining. Ordinance No. 2404, an ordinance of the City of Redlands amending Section 18.144.100 of the Redlands Municipal Code to allow for the reduction in minimum lot size in Planned Residential Developments, was read by title only by City Clerk Poyzer, and on motion of Councilmember Gilbreath, seconded by Councilmember Freedman, further reading of the ordinance text was waived, and Ordinance No. 2404 was introduced and laid over under the rules with adoption scheduled for August 3, 1999, with Councilmember Banda abstaining.

Resolution No. 5666 - CDBG Storm Drain Project - Public hearing was advertised for this time and place to consider a proposed action plan for construction of storm drain improvements within the CDBG Target area in conformance with the objectives outlined in the State of California, Department of Housing and Community Development CDBG Program, Disaster Recovery Initiative. Public Works Director Mutter explained the Department of Housing and Community Development has announced the availability of approximately $9 million in Disaster Recovery Funds. Staff proposed that the City submit an application to enlarge the storm drain window at Central Avenue and Ninth Street (Hatfield Buick). 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 adopt Resolution No. 5666, a resolution approving an application and contract execution for funding from the General/Native American Allocation of the State Community Development Block Grant (CDBG) Program and authorizing the execution of a grant agreement and any amendments thereto with the State of California for the purposes of this grant. Motion seconded by Councilmember Freedman, who expressed appreciation for staff's efforts and hope we are successful in our application, and carried unanimously.

City Council Ballot Initiatives - Public hearings were continued to this time and place to consider two initiative ordinances regarding amendments to the Redlands General Plan: proposed Ordinance No. 2412 amending the Growth Management, Design, Land Use, and Circulation Elements of the Redlands General Plan and proposed Ordinance No. 2414 amending the Land Use Element of the Redlands General Plan to establish a new residential land use classification in the San Timoteo Canyon and Live Oak Canyon areas. Citing a conflict of interest on these proposed ordinances, Mayor Cunningham left the City Council Chambers.

Proposed Initiative Ordinance No. 2412 - Councilmember Freedman moved to make changes to Proposed Initiative Ordinance No. 2412 to allow full City Council input as follows: eliminate Section 4.96 and all references to San Timoteo Canyon Road and Section 4.40z and reference thereto. Motion seconded by Councilmember George and carried by AYE votes of all present. Mayor Cunningham returned to the dais and suggested reviewing the proposed initiative ordinance section by section after hearing from members of the public. He then declared the meeting open as a public hearing. Steve Stockton asked Council how they got around CEQA guidelines. Robert Frost said that with removal of canyon items, he had no further comments. Sally Beck, Henry Dillon, Theodora Banta, and Tex Moore addressed traffic concerns on Sunset Drive urging that no new connections be allowed. Nancy Ruth White proposed postponing placement on the November ballot to allow time for public review and understanding. Doug Jorritsma and Mark Gardner, Gardner Construction, who spoke on behalf of six other parcel owners, opposed the down-zoning of the nine parcels. Pat Meyer asked for clarification of Councilmember Freedman's motion and asked that the public be allowed to see the final version before placement on the ballot.

The City Council meeting recessed at 8:30 P.M. and reconvened at 8:35 P.M.

Councilmembers reviewed the proposed ordinance, section by section, refined the language, eliminated Section 7 which would have "down zoned" nine properties, and left Section 17 regarding street connections to Sunset Drive intact (Councilmembers Gilbreath and George were opposed). Councilmember George urged the City Council to reduce the scope of this proposal to the primary areas and take the time to do a General Plan amendment right and not rush to the November ballot. Mayor Cunningham moved to continue this public hearing to an adjourned regular meeting on July 27, 1999, at 7:00 P.M. Motion seconded Councilmember Banda and carried with Councilmember Gilbreath voting NO noting that if the City Council would handle this as a General Plan amendment, we could address CEQA, traffic, and other concerns. During Public Comments, Shirley Harry's suggestion to extend the historic and scenic designation of Center Street to Henrietta Street was by consensus authorized by the City Council.

The City Council meeting recessed at 9:39 P.M. and reconvened at 9:50 P.M.

Proposed Initiative Ordinance No. 2414 - Citing a conflict of interest, Mayor Cunningham left the City Council Chambers. Mayor Pro Tem Banda declared the meeting open as a public hearing for any questions or comments regarding proposed Initiative Ordinance No. 2414 amending the Land Use Element and the Circulation Element of the Redlands General Plan to establish a new residential land use classification (RL Density) in the San Timoteo and Live Oak Canyon areas. Kenneth Jutzy supported the proposed initiative. Robert Frost felt Measure U's slope density was adequate. Peter Kiriakos, President of the Greenway Conservancy, supported protection of rural living in the canyons. Caroline Laymon encouraged adoption of the initiative. Robert Rappuchi urged placement of this initiative on the ballot. Pay Meyer stated he was totally against this initiative and urged the City Council not to mess with Measure N and to remember the promises made to the property owners during the annexation process. Mayor Pro Tem Banda reviewed the latest version of the proposed map which was prepared that morning. Councilmember Freedman suggested continuing this another week to review the latest map. Councilmember George said he had a problem with the concept; that he was concerned the City Council would be considered capricious, and that if we proceed with this proposal, how can we expect the property owners in the "Donut Hole" to trust us, Councilmember Gilbreath stated she was not going to support this initiative and saw no point in continuing the discussion for another week. Councilmember Freedman moved to continue this public hearing to an adjourned regular meeting on July 27, 1999, at 7:00 P.M. Indicating he did not like the "hurry up attitude" and was willing to hear more testimony, Councilmember George seconded the motion which carried with Councilmember Gilbreath voting NO and Councilmember Cunningham abstaining.

Mayor Cunningham returned to the dais at 10:15 P.M.

Resolution No. 5670 - Special Election for Ballot Measures - This resolution was continued to the July 27, 1999, adjourned regular meeting.

Unicom Hours of Operation - This item was withdrawn from the agenda at the request of Redlands Aviation who will appeal the Airport Advisory Board's recommendation.

SB-1553 - Calderon/Majestic Realty Donut Hole Legislation - City Attorney McHugh reviewed his memorandum dated July 16, 1999, regarding State legislative proposals affecting development in the "Donut Hole" and advised Councilmembers staff would continue to monitor the situation and keep the City Council advised. Councilmember Freedman suggested staff to set up a meeting with Senator Brulte. Mayor Cunningham moved to direct staff to exercise whatever is necessary to protect Redlands and send a delegation to Sacramento if necessary. Motion seconded by Councilmember Banda and carried unanimously.

Redlands Municipal Airport - Mark Lenchnen, Andy Testman, and Mike Marka again addressed Councilmembers regarding their allegations of mis-management of the Redlands Municipal Airport.

There being no further business, the City Council meeting adjourned at 10:40 P.M. to an adjourned regular meeting to be held on Tuesday, July 27, 1999, at 7:00 P.M. in the City Council Chambers, 35 Cajon Street, Redlands, California.

PUBLIC HEARINGS

City Council Ballot Initiatives - Public hearing was advertised for this time and place to consider three initiative ordinances regarding amendments to the Redlands General Plan: proposed Ordinance No. 2412 amending the Growth Management, Design, Land Use, and Circulation Elements of the Redlands General Plan; proposed Ordinance No. 2413 amending the "Principles of Managed Development" Element of the Redlands General Plan relating to outdoor commercial signs; and proposed Ordinance No. 2414 amending the Land Use Element of the Redlands General Plan to establish a new residential land use classification in the San Timoteo Canyon and Live Oak Canyon areas. Community Development Director Shaw reviewed issues pertaining to these proposals. Mayor Cunningham announced, that due to a conflict of interest, he would not participate in the discussions related to the San Timoteo Canyon Road as contained within Ordinance No. 2412 and Ordinance No. 2414, and he then declared the meeting open as a public hearing for any questions or comments.

Proposed Ordinance No. 2412 - Public input was received from Mark Gardner, Pat Meyer, Lewis Fletcher, Bill Feenstra, Jon Harrison, Tex Moore, and Robert Frost. City Attorney McHugh presented refined language prepared in response to Councilmembers comments made at their June 29, 1999, meeting. Proposed Ordinance No. 2412 was further clarified by Councilmembers. During the discussion regarding the inclusion of San Timoteo Canyon Road as a "scenic drive," Mayor Cunningham left the Council Chambers and Mayor Pro Tem Banda conducted the meeting. Staff will prepare a new draft for review at the continued public hearing to be held on July 20, 1999.

Proposed Ordinance No. 2414 - Mayor Cunningham continued to be absent from the meeting due to a possible conflict of interest regarding this proposed ordinance. Public input was received from Bob Schoff, Peter Miko, Jon Harrison, Betty Voss, Mark Blankenship, Carole Beswick, Bob Roberts, Pat Meyer, Mimi Dupper, and Alan Dangermond. Mayor Pro Tem Banda presented alternative maps for properties to be included in the proposed new land use classification. Staff will bring back new build-out figures based on the alternative maps presented for the City Council's review at the continued public hearing to be held on July 20, 1999.

Recess - The City Council recessed at 9:25 P.M. and reconvened at 9:32 P.M. at which time Mayor Cunningham returned to the City Council Chambers presided over the remainder of the meeting.

Proposed Ordinance No. 2413 - Readerboard Signs - City Attorney McHugh reviewed legal issues pertaining to free speech issues and other relevant court cases as applied to this proposed ordinance. Noting the legal implications were not clear when the auto dealers approached him and that a proposal for an auto mall has not been presented, Mayor Cunningham moved to drop consideration of this ordinance at this time. Motion seconded by Councilmember Freedman and carried unanimously.

LAFCO No. 2839D - Mountain View Power Company - Mayor Cunningham reported staff has been in negotiation with Mountain View Power Company regarding annexation of their property. Mountain View Power Company will ask LAFCO for a continuance and Mayor Cunningham recommended we concur with this request and ask LAFCO to continue this matter for 90 days to allow us further negotiations. No one was opposed to this recommendation.

Resolution No. 5658 - Financing Proposals Criteria - City Attorney McHugh said that to ensure that businesses proposing to locate within the City understand that they may request a tax sharing proposal with the City, staff has prepared Resolution No. 5658, a resolution of the City Council of the City of Redlands establishing criteria for the consideration of financing proposals from new businesses. The two criteria presently included within the resolution are: the proposed business, based upon established industry history, is estimated to become one of the top ten sales tax generators located within the City of Redlands, and the proposed business is a type for which the City of Redlands is presently deficient in sales tax revenues according to the State and/or County-wide average. Councilmember George suggested setting a percentage to define "deficient in sales tax revenues." Speaking in opposition of this proposed resolution were: Jon Harrison, Robert Frost, Craig Wilson (attorney for H&E Do-It-Yourself Centers), Phillip Stein (from H&E Do-It-Yourself Centers), and Mark Gardner. Tex Moore spoke in favor of the resolution. Councilmember Freedman moved to adopt Resolution No. 5658 with the suggested change to add the words "at least 50 percent" to clearly define "deficient." Motion seconded by Councilmember Banda and carried with Councilmember Gilbreath voting NO.

Agreement - Lowe's Home Improvement Center - An agreement for the construction and operation of a home improvement center and the provisions of unrelated off-site improvements was prepared by Lowe's HIW, Inc. for consideration by the City Council. Exhibits A and B, which identify the subject property, Exhibit C, listing improvements, and Exhibit D, the performance schedule, were also available at this meeting. The agreement identifies that the developer will construct and operate a home improvement center on the property so as to further encourage development of blighted areas of the City, enhance the well-being and safety of the citizens at large, enhance local employment, expand the City's tax revenue base, and obtain the developer's commitment to construct off-site improvements as identified in Exhibit C. For these considerations, the City shall pay to the developer an amount equal to 60 percent of the sales tax revenues generated by the developer as a directed result of its operation of the home improvement center for the period commencing upon completion of the center and continuing until the developer has paid the aggregate amount of $691,798.00. A representative from Lowe's addressed the City Council at length describing his project and the benefits the City would derive from its construction. Speaking in opposition of this project were: Phillip Stein (H&E Do-It-Yourself Centers), Alan Dangermond, and Craig Wilson, (attorney for H&E Do-It-Yourself Centers). Speaking in opposition of this proposed sales tax revenue sharing agreement was Robert Frost. Councilmember Banda moved to determine that no additional environmental evaluation is required for this agreement as (1) the tax-sharing portion of the agreement is categorically exempt from CEQA review and (2) there is already an existing mitigated negative declaration adopted for the project for the portion of the agreement relating to Lowe's construction of off-site improvements, and the City Council has determined on the basis of substantial evidence and in light of the whole record and based on the analysis and findings contained within the staff report presented at this meeting and pursuant to Section 15162 of the California Environmental Quality Act Guidelines, the following:

1. No substantial changes are proposed in the project which will require major revisions of the previously certified Mitigated Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
2. No substantial changes have occurred with respect to circumstances under which the project was undertaken which will require major revisions of the previously certified Mitigated Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
3. No new information of substantial importance, which was not known or could not have been known with the exercise of reasonable diligence at the time the previous Mitigated Negative Declaration was certified, has been identified.

Motion seconded by Councilmember Freedman and carried with Councilmember Gilbreath voting NO. Councilmember Banda moved to approve and direct the Mayor to sign the Agreement for Construction and Operation of a Home Improvement Center and the Provision of Unrelated Off-Site Improvements with Lowe's HIW, Inc. Motion seconded by Councilmember Freedman and carried with Councilmember Gilbreath voting NO.

Street Sweeping Fee - Steve Stockton informed the City Council that he feels the financing of the street sweeping service is a violation of Proposition 218 since his street (Canyon Road) is not swept and therefore he is paying for something that he is not receiving. He also noted that vacant lots are not paying this fee. He urged the City Council to direct staff to delete the street sweeping fee from his utility bill and others who are also not receiving the service.

There being no further business, the City Council meeting adjourned at 10:50 P.M. The next regular meeting will be held on July 20, 1999.

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 an adjourned regular meeting to be held on Monday, July 12, 1999, at 7:00 P.M.

Legislative Bulletin - Councilmember George reported he was meeting with Senators Boxer and Feinstein on Wednesday to urged their assistance to protect our property tax funds.

City Manager's Report - City Manager Luebbers updated Councilmembers on the status of the State budget and its impact on local government. He is also keeping in close touch with the League of California Cities regarding any pending State legislation regarding spheres of influence. He also reported the State Police Olympics were recently held and from our Police Department, Shelley James received a gold medal and Kelvin Bryant finished seventh in his event. Councilmembers congratulated them and expressed their pride in their employees.

Agenda Protocol and Backup Materials - Councilmember Gilbreath expressed her concern that on several occasions, items of importance have been scheduled on the City Council agenda without backup materials or the materials have been made available late. She encouraged Councilmembers to establish a policy that would make agenda materials available at least five days in advance of the meeting. Joan Dotson shared Councilmember Gilbreath's concerns stating she felt the public was being short-changed by not having the materials available in advance at the library as it stated on the last page of the agenda.

Appointments - Parks Commission - Mayor Cunningham moved to nominate Mary Ellen Harris to the Parks Commission to fill the unexpired term of Ellen Weisser to June 16, 2000, and Robert Carothers and Kathi B. Jensen to the Parks Commission to serve four-year terms which will expire on June 16, 2003. Motion seconded by Councilmember Banda and carried unanimously. One vacancy still exists on the Parks Commission.

Paramedic Funding - Councilmember Freedman reported he has been meeting with a task force, consisting of the Fire Chief, Deputy Fire Chief, and Finance Director, to determine how the paramedic service is currently funded and what approach to take to close the shortfall gap. The task force recommended that an outside firm be hired to audit the tax rate structure currently in place for the paramedic service and bring back recommendations for any changes to either the tax or the cost of the program as they felt an independent audit was essential to provide a fair and equitable funding structure for continuing this service that our citizens demand and deserve. Councilmember Freedman moved to direct staff to solicit bids for this audit and report to the City Council for further direction. Motion seconded by Councilmember Banda and carried unanimously.

Memorial Plaque - Tristen Jensen - Public Works Director Mutter reported the Parks Commission considered a request from Gregory M. Nelson to plant a tree and place a plaque in Sylvan Park in memory of Tristen Jensen. Master Jensen was the young man who was murdered last year and later found in the City's sewer system. The Parks Commission approved the planting of a tree and the placement of a plaque in accordance with the adopted Donor Wall Program. This program requires a minimum contribution of $1,000.00 and allows only small plaques to be placed on a designated "donor wall" within the park. No individual plaques are allowed to be placed at any other location, including adjacent to a tree or other donated item. Text on the plaques are limited to basically a name and date. Public Works Director Mutter noted we have received numerous requests in the past which have been turned down because of the logistics. The Parks Commission created the Donor Wall Program which ha s been implemented at Carolyn Park. Asking how many have died in that manner, Councilmember Banda moved to approve Mr. Nelson's request. Her motion was not seconded. Mayor Cunningham asked staff to write a letter of appreciation for the planting of the tree and no further action was taken.

Caltrans Beautification Program - Councilmember Freedman moved to add an item of discussion regarding the removal of the vegetation in the median of the I-10 Freeway to the agenda which arose subsequent to the agenda being posted. Motion seconded by Councilmember Banda and carried unanimously. At the last City Council meeting, the City Council asked Caltrans to not remove the landscaping in the median in the I-10 Freeway, but that action came too late and the oleanders were removed. Since that incident, Caltrans has met with staff and the Street Tree Committee and has authorized a supplemental contract for an entry gateway of landscaping at Orange Street and Pearl Avenue along with changes in the signage. Caltrans has been very helpful and the dialogue has been fruitful. Councilmember Cunningham moved to accept Caltrans' offer and immediately proceed. Motion seconded by Councilmember Freedman and carried unanimously.

Funds - Chamber of Commerce - Councilmember Banda moved to add an item of discussion regarding financial arrangements with the Redlands Chamber of Commerce which arose subsequent to the agenda being posted. Motion seconded by Councilmember Freedman and carried unanimously. Mayor Cunningham reported the Redlands Chamber of Commerce is under fiscal restraints and have not paid last year's bill for police services for their community events such as the Fireman's Muster and the Kiwanis Car Show. Councilmember Cunningham moved to authorize the City Manager and staff to proceed with the necessary documents to forward a loan to the Chamber of Commerce in the amount of $15,000.00 for one year and deduct from that amount the funds owed to the City of Redlands. Motion seconded by Councilmember Freedman and carried unanimously. Councilmember Gilbreath asked the City Council to consider waiving the City's fees for this year; there was no response to this suggestion.

The City Council meeting recessed at 3:32 P.M. to a Redevelopment Agency meeting and reconvened at 3:33 P.M. to a closed session to hold a conference with its real property negotiator as allowed under Government Code Section 54956.8 as follows:

Property:	APN 299-011-05
Negotiating parties:	Ronald C. Mutter and Fred J. and Anetha Stafford
Under negotiation:	Terms and price

The meeting reconvened at 7:00 P.M.

CUP No. 682 - Helix Development (Winston Tire) - Public hearing was advertised for this time and place to consider Conditional Use Permit No. 682 (Revision No. 1) to revise conditions of approval relating to hours of operation and required walls for a conditional use permit involving a commercial building under construction containing an automotive tire service business on a building pad within the Wal-Mart Shopping Center located in the General Commercial District of the East Valley Corridor Specific Plan. Acting Community Development Director Jaquess reviewed the Planning Commission's recommendation to deny the applicant's request to delete Conditions of Approval No. 7 and No. 8 relating to walls under the Community Development Department for Conditional Use Permit No. 682, and to allow modification of Condition of Approval No. 20 to reflect the hours of operation for Winston Tire to be 7:00 A.M. to 9:00 P.M. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. A representative of Helix Development urged the City Council to approve their request noting that the owner of Jack In The Box was adamantly opposed to the walls, but that if the wall requirements were upheld that Condition No. 8 be modified so that the south end of the wall be wrought iron rather than the block wall that is now required. Kevin Andrews, Winston Tires, felt the wall requirements would impede traffic flow for the Jack In The Box drive-through lane and would create parking problems. There being no further comments, the public hearing was declared closed. Councilmembers asked why the owner of Jack In The Box was not present to share his concerns and also wondered why the residents of the condominiums had not been heard from. Following discussion, Councilmember Cunningham moved support the Planning Commission's recommendation and to approve an amendment to Condition of Approval No. 8 to allow wrought iron fencing for the last 16 feet at the south end. Motion seconded by Councilmember Freedman and carried with Councilmember Banda voting NO as she wanted to delete Condition of Approval No. 8 as requested by the applicant.

Metricom Wireless Data Services - Public Works Director Mutter reported that on April 20, 1999, staff presented a request to the City Council from Metricom, Inc. to approve a franchise agreement for the installation, operation and maintenance of a wireless data communications system in the City of Redlands. Metricom has developed and is marketing this system which is registered as Ricochet Wireless Network, a brand of wireless communication and access solutions which connect to a variety of networks. This system would provide high-speed wireless online and Internet access, and provides a wireless alternative to standard telephone modems requiring phone line connections. Following the presentation by Richard Bartoccini, Councilmembers asked a number of questions regarding this proposal that required additional research and information. Public Works Director Mutter presented the additional information at this time, including the results of a questionnaire sent to 40 c ities in California that have completed an agreement with Metricom, Inc. to install the subject system. Mr. Bartoccini was present to answer questions. Councilmember Freedman expressed his appreciation for the comprehensive report and asked that rather than automatic renewal of the franchise agreement, he would prefer the City Council have the opportunity to periodically review the system. Councilmember Banda moved to consider the request from Metricom, Inc. for approval of a franchise agreement to install, maintain and operate a wireless data communication system in the City of Redlands, and directed staff to prepare and bring back to the City Council the formal agreement which would include a 30-day City Council review period prior to renewal and an audit upon request of the City. Motion seconded by Councilmember Cunningham and carried unanimously.

Ballot Measures - General Plan Amendments - City Attorney McHugh presented a draft initiative ordinance prepared in response to the City Council's direction that certain amendments to the Redlands General Plan be submitted to the voters next November. These proposed amendments related to the Growth Management, Design, Land Use and Circulation Elements of the General Plan. This draft ordinance was prepared using materials presented by Mayor Cunningham at the June 15, 1999, meeting, text received from Mayor Cunningham, and input from the Community Development Department. The draft ordinance contains certain blanks where further policy guidance is required from the City Council or from the Community Development Department. Councilmembers reviewed the draft ordinance at length. Pat Meyer requested the opportunity to review the final language and map prior to placement of the measure on the ballot. Tex Moore clarified several issues presented by staff. Bob Roberts expressed concerns about the proposed ordinance.

The City Council briefly recessed at 9:15 P.M. and reconvened at 9:20 P.M. at which time Mayor Cunningham cited a conflict of interest on the next proposed initiative ordinance and left the Council Chambers.

Canyon Land Use Category - City Attorney McHugh presented a second draft initiative ordinance related to the proposal submitted by Councilmember Banda at the June 15, 1999, meeting that requested certain properties in the southeast area of the City of Redlands be re-designated in the General Plan to a lower density. Specifically, the properties which Councilmember Banda was concerned with were those presently designated as "Resource Preservation" on Figure 4.5 of the Redlands General Plan. Councilmember Banda also requested that properties located in "Planning Sector No. 2" of the General Plan be excluded from this density re-designation. The new proposal would take those properties designated "Resource Preservation" and establish a new residential land use classification having a lower density. The law requires General Plans to be internally consistent. Once the City Council decides which properties this new designation would apply to, the City Council may also wish to d irect the Community Development Department to undertake a comprehensive review of the General Plan to determine whether any additional provisions should be amended to ensure consistency and effectuate the City Council's intentions. Councilmembers reviewed the proposed ordinance at length. Mayor Emeritus Carole Beswick addressed the City Council urging them to review the files for Annexation No. 72 and to abide by the pre-annexation agreements approved at that time. Pat Meyer encouraged the City Council to notify the landowners affected by this proposal. Teddy Banta asked that San Timoteo and Live Oak Canyons not be destroyed by grading and cut and fill tactics. Caroline Laymon urged preservation of the "Emerald Necklace" concept and keeping the density as minimal as possible. Bob Roberts discussed the pre-annexation agreements approved prior to Annexation No. 72's approval.

Councilmembers agreed to discuss these matters further on Monday, July 12, 1999, at 7:00 P.M. and directed staff to notify, by mail and public notice, property owners impacted by this proposal. Mayor Cunningham returned to the City Council Chambers at 10:10 P.M.

Readerboard Signs - City Attorney McHugh presented a draft initiative ordinance relating to outdoor commercial "readerboard" signs which includes the exact language suggested by the City Council. However, staff has identified a number of potential legal issues associated with this proposal which he explained. Mayor Cunningham said that he has met with the auto dealers several times and they feel this is exceedingly important and he is concerned we will lose the auto dealers to another city. Staff will explore the alternatives available that will protect the community from an over-proliferation of readerboard signs and return with further information at the July 12, 1999, meeting.

I-10 Landscaping - Mayor Cunningham responded to Teddy Banta's question regarding the removal of the oleanders from the I-10 Freeway. (see: Late Breaking Items; Caltrans Beautification Program above.)

There being no further business, the City Council meeting adjourned at 10:34 P.M. The next regular meeting scheduled for July 6, 1999, will not be held; that meeting will be adjourned to Monday, July 12, 1999, at 7:00 P.M.

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

RECOGNITION

Public Education Award - National Fire Protection Association - Fire Chief Enslow announced Fire Marshal Leonard Temby received the prestigious Rolf H. Jensen Partner in Public Education Award from the National Fire Protection Association on May 17, 999, in Baltimore, Maryland. Acknowledging this was well desired recognition, Mayor Cunningham said he was immensely proud of Mr. Temby and his accomplishments, his most recent being the development of the Fire Demonstration Park located within Ford Park.

CVP 365 Club - Mayor Cunningham, Police Chief Bueermann, and Civilian Volunteer Patrolman James Stellar presented "365 Club" membership certificates to its 35 members. Mayor Cunningham thanked Mr. Stellar for his ability and willingness to serve the community in this capacity and expressed his pride that the Redlands Police Department is so involved in the community.

Minutes - On motion of Councilmember Gilbreath, seconded by Councilmember Banda, the minutes of the regular meeting of June 1, 1999, 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 - Responding to neighborhood concerns, Councilmember George moved that the City Council appeal the Planning Commission's decision on June 8, 1999, to approve Conditional Use Permit No. 688 for a billiard room in the C-2 (Neighborhood Convenience) District at 1544 Orange Street (Ezequiel Ocampo, applicant). Motion seconded by Councilmember Banda and carried unanimously.

Environmental Review Committee - On motion of Councilmember Gilbreath, seconded by Councilmember Banda, the tentative agenda for the Environmental Review Committee meeting to be held on June 28, 1999, was acknowledged as received.

Funds - Contract - Resolution No. 5660 - ABC Grant - Police Chief Bueermann explained the Department of Alcoholic Beverage Control "Grant Assistance to Local Law Enforcement Project" is a grant made available to local law enforcement agencies to address issues involving alcoholic beverages. Councilmember Banda moved to adopt Resolution No. 5660, a resolution of the City Council of the City of Redlands accepting the Department of Alcoholic Beverage Control Grant Assistance to Local Law Enforcement Agencies Project Grant; authorized the Mayor and City Clerk to execute the contract allowing the Police Department to participate in the grant project; and authorized an additional appropriation of $65,200.00 to the Police Department to fund the grant project activities. Motion seconded by Councilmember Freedman and carried unanimously.

Agreement - Colton Avenue and Wabash Avenue Right-of-Way - On motion of Councilmember Gilbreath, seconded by Councilmember Banda, the City Council unanimously approved an agreement regarding purchase of fee interest (Assessor's Parcel No. 299-011-19, 716 North Wabash Avenue, $2,150.00) between Michael S. and Linda M. Palmer and the City of Redlands for acquisition of right-of-way at Colton Avenue and Wabash Avenue, and authorized the Mayor and City Clerk to sign the agreement on behalf of the City.

Settlement Agreement - South Mountain Water Company - On motion of Councilmember Gilbreath, seconded by Councilmember Banda, the City Council unanimously ratified the settlement agreement between Roxanne Carpenter and Ray Rasmussen and South Mountain Water Company, Inc., City of Redlands and Michael L. Huffstutler, and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. Mr. Rasmussen had brought suit against the South Mountain Water Company challenging his eviction from South Mountain's "Bibleland" property several years ago, but as the case was set to go to trial, he agreed to accept the standing offer of settlement for $5,000.00.

Joint Defense Agreement Amendment - Cities Pavillion - On motion of Councilmember Gilbreath, seconded by Councilmember Banda, the City Council unanimously approved an amendment to the "Joint Defense Agreement" whereby Timberlake Group International Inc. (the Cities Pavillion project) would pay the defense for and indemnify the City against any damages in the third lawsuit filed by Majestic Realty against the City and Timberlake, and authorized the Mayor and City Clerk to execute the amendment on behalf of the City.

Pre-Annexation Agreement No. 98-03 - Tract No. 13768 - This item was withdrawn from the agenda.

Resolution No. 5653 - Fees - On motion of Councilmember Gilbreath, seconded by Councilmember Banda, the City Council unanimously adopted Resolution No. 5653, a resolution of the City of Redlands establishing processing fees for the Community Development Department for surface mining and reclamation plan processing.

Contract Award - Airport Well No. 2 - Bids were opened and publicly declared on May 13, 1999, by the City Clerk for the construction of the pump and electric motor for Airport Well No. 2, Project No. 4-9981A; 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 Bakersfield Well and Pump in the amount of $33,243.00, 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 Banda, this recommendation was unanimously approved and the Mayor and City Clerk were authorized to sign the contract on behalf of the City.

Grant Application - Public Housing Drug Elimination Funds - On motion of Councilmember Gilbreath, seconded by Councilmember Banda, the City Council unanimously authorized execution by the Mayor and City Clerk a grant application in collaboration with the Housing Authority of the County of San Bernardino enabling the Police Department to participate in the Public Housing Drug Elimination Funds Grant which will provide funds for above baseline services by the Police Department in Housing Authority projects.

Caltrans Proposal - Concrete Median Barrier - Caltrans has proposed to construct a concrete median barrier along the center of the I-10 Freeway between Orange Street and Wabash Avenue. The construction of the median barrier will include installation of a drainage structure in the center of the freeway and paving both sides of the median barrier out to the existing travel lanes. In order to install these improvements, the existing oleander bushes must be removed although the existing palm trees will be retained. Caltrans has asked if the City of Redlands has any objections to this project. Councilmember Freedman noted the concrete barrier would be a magnet for trash and dirt and that he would prefer to maintain the "green" look. Following brief discussion, Councilmember Freedman moved to express the City Council's stringent objection to this proposal and urged Caltrans to preserve the oleanders and palm trees. Motion seconded by Councilmember Banda and carried una! nimously.

City Manager's Report - City Manager Luebbers reported he and the Mayor met with representatives of ESRI, Krikorian Theatre, and the University of Redlands at which time they heard a lot of interest and support for a hotel in downtown. City Manager Luebbers also announced the County Board of Supervisors approved the General Plan Amendment relating to spheres of influence this morning. Councilmembers expressed their disappointment in this action.

Relocation of Regional Mall Site Designation - In light of the action taken earlier today by the County Board of Supervisors eliminating the cities' influence over development in their own spheres of influence, Councilmember Freedman moved to direct staff to undertake the appropriate process to affect the movement of the regional mall designation in the East Valley Corridor Specific Plan and, if appropriate, the General Plan from its current location on the 30 Freeway to that area north of the I-10 Freeway and west of California Street. Motion seconded by Councilmember Banda and carried with Councilmember Gilbreath voting NO.

Appointment - Recreation Commission - Mayor Cunningham moved to nominate Michael Schneider for reappointment to the Recreation Commission for another four-year term. Motion seconded by Councilmember Banda and carried unanimously.

Appointments - Mobile Home Rent Review Board - Mayor Cunningham moved to nominate Roger Thompson, currently an alternate member of the Mobile Home Rent Review Board, to regular member status, and Matthew J. Mailberger to the Mobile Home Rent Review Board. Motion seconded by Councilmember Banda and carried unanimously.

Handicapped Seating - Redlands Bowl - The Redlands Community Music Association (RCMA) has requested the City approve and expedite the removal of the extreme right and left front seats at the Redlands Bowl to accommodate use by handicapped individuals utilizing wheelchairs. The RCMA suggested these locations as they are in the front of the amphitheater and would be better than the existing seating near the rear. RCMA also requested that the row of seats immediately to the rear of the seating removed be painted blue for use by individuals accompanying or attending the handicapped individuals. Public Works Director Mutter reported the Park Commission unanimously recommended support of this request at their June 10, 1999, meeting. Councilmember Cunningham moved to approve this request. Motion seconded by Councilmember Banda and carried unanimously.

Brickhouse Brewery & Restaurant Fee Payment - City Manager Luebbers presented a proposal from the owners of the Brickhouse Brewery & Restaurant to make interest-only payments on their debt to the City for a period of one year and then begin full payments commencing one year from the date of this proposal. Following brief discussion, Councilmember Banda moved to approve an agreement with the owners of the Brickhouse to pay interest only on their debt to the City for a period of one year commencing on the date of the next payment due, and return to principal and interest payments one year from that date. Motion seconded by Councilmember Gilbreath and carried unanimously.

Subordination Agreement - 1624 Alessandro Road - A request has been received from Fred and Diane Kasischke to subordinate an existing lien providing for future improvement of portions of Sunset Drive and Alessandro Road, including street construction, sidewalk, street lights and sewer facilities as required under the conditions of approval of Tract No. 12808. Public Works Director Mutter reported the City Council adopted Resolution No. 4743 on February 19, 1991, establishing a policy on subordination agreements. The policy provides that the City Council review such requests and determine if the improvement lien is to be subordinated. Staff has considered an alternative to this policy of subordinating liens, especially in light of the relatively small amount of the lien versus the amount of the refinancing. Staff suggested that the City Council adopt a policy of requiring liens to be paid in full at the time of refinancing or other action that would require a subordi! nation agreement. Funds would be deposited into the appropriate development impact account and the lien on the subject property would be released. Mr. and Mrs. Kasischke urged approval of their request. Mayor Cunningham noted the likeliness of installing sewers in this tract is minimal and suggested holding that portion of the lien in abeyance and collecting the remainder of the lien for the other improvements. This was agreeable to the Kasischkes. Councilmember Cunningham moved to collect the differential and subordinate the remainder portion for sewer. Motion seconded by Councilmember Banda and carried unanimously. Councilmember George asked staff to develop a policy to collect these funds and place them in an interest-bearing fund so that future costs could be covered.

Agreement - Neighborhood Initiative Program Funds - City Manager Luebbers reported that San Bernardino County has been awarded $15,000,000.00 in Federal Initiative Funds to preserve and revitalize neighborhoods in the Cities of San Bernardino, Redlands, and Highland. These funds are to be used to implement the Neighborhood Initiative Program. San Bernardino County shall serve as the lead agency for implementation where they have existing programs. Mr. Luebbers noted we are the only city to receive funds for infrastructure (Herald Street) as we already have a program in place. As a matter of procedure, the County requires the appointment of a Neighborhood Initiative Program Administrator and fiscal contact. It was recommended Community Services Division Manager Marjie Pettus serve in this capacity. Councilmember George moved to approve the Cooperative/Delegate Agency Agreement between the County of San Bernardino and the City of Redlands for use of Neighborhood Ini! tiative Funds, and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. Motion seconded by Councilmember Banda and carried unanimously.

Ballot Measures - General Plan Amendment - Mayor Cunningham presented several issues to amend the General Plan that he felt should be placed on the ballot for the voters consideration in November, 1999: restoration of the annual limitation on residential development as contained in Measure N; trading higher density in Planned Residential Developments; allowing four-fifths vote, without findings, to rezone the area north of the I-10 Freeway and east of Mountain View Avenue and west of California Street, to density other than R-E; confirm the R-L designation and require findings to change; confirm protection of historic and scenic streets; traffic concerns to address preservation of the Sunset Drive/Alessandro Road intersection and Alessandro Road as a local collector, rural street standards in rural areas, traffic calming street design, designation of downtown as a destination not a commuter route, and not allow new streets to connect to Sunset Drive from the south; ado! ptio n of historic preservation incentives for properties identified by the Historic and Scenic Preservation Commission; and consideration to allow a "reader board" exclusively for an auto mall. Councilmember Gilbreath expressed dismay that she had not received this information until after the meeting convened and stated she needed more time to evaluate these issues. Councilmembers discussed each item concurring that the "reader board" question should be a separate ballot measure. Staff was directed to prepare the necessary documentation for the City Council's review on June 29, 1999.

Councilmember Banda presented another issue for the November ballot regarding the San Timoteo Canyon. Citing a possible of interest, Mayor Cunningham left the Council Chambers. Mayor Pro Tem Banda suggested a change in Measure U to establish a designated residential density to R-L in the Resource Preservation area from the west end of the San Timoteo bridge south with the exception of Sector 2 of the Southeast Specific Plan. Mrs. Banda felt this would better meet the goals of preservation while allowing for appropriate development. Following her presentation, Councilmember Banda moved to direct staff to prepare the necessary documentation for inclusion as a separate issue on the November, 1999, ballot. Motion seconded by Councilmember Freedman and carried with Councilmember Gilbreath voting NO and Councilmember Cunningham abstaining.

Resolution No. 5661 - Great Neighborhoods Program - Councilmember Banda moved to adopt Resolution No. 5661, 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 to implement an additional four participant agreements which will be acted upon by the Board of Directors of the Redevelopment Agency. Motion seconded by Councilmember Freedman and carried unanimously. (Also see Redevelopment Agency minutes for June 15, 1999.)

The City Council meeting recessed at 4:42 P.M. to continue the Redevelopment Agency meeting and reconvened at 4:43 P.M. to a closed session for the following purpose:

1. Conference with legal counsel: existing litigation - Government Code Section 54956.9(a) - Claim of Mark and Karen Osburn

The meeting reconvened at 7:00 P.M.

City Manager Luebbers reported the League of California Cities called during the afternoon session, and he desired to inform Councilmembers of the message. Councilmember Banda moved to add this matter to the agenda which arose subsequent to the agenda being posted. Motion seconded by Councilmember Freedman and carried unanimously. City Manager Luebbers was informed by telephone that the City should monitor Assembly Bill 1553, sponsored by Calderon, which is scheduled to be discussed in the Senate on July 14, 1999. Although there is no language at this time relating to the "donut hole" it is thought that this will be the vehicle to change LAFCO legislation which will affect the "donut hole" and all cities' spheres of influence. Following discussion, Councilmember Banda moved to direct staff to monitor this bill and take any actions necessary that would be in the best interest of the City. Motion seconded by Councilmember Freedman and carried unanimously.

Resolution No. 5612 - Landscape Maintenance District No. 1 - Public hearing was advertised for this time and place to consider Resolution No. 5612, 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 1999-2000 fiscal year. Public Works Director Mutter reported that 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 assessments 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 20, 1999. The City Council adopted Resol! utio n No. 5610, granting preliminary approval to the Engineer's Report, and Resolution No. 5611, declaring its intention to levy and collect assessments for fiscal year 1999-2000, pursuant to the Lighting and Landscaping Act of 1972. On May 18, 1999, 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. Councilmember Banda moved to adopt Resolution No. 5612. Motion seconded by Councilmember Freedman and carried unanimously.

Resolution No. 5616 - Street Lighting District No. 1 - Public hearing was advertised for this time and place to consider Resolution No. 5616, a resolution of the City Council of the City of Redlands ordering the maintenance of improvements in Street Lighting District No. 1, giving final approval of the Engineer's Report, and confirming the assessment for the 1999-2000 fiscal year. Public Works Director Mutter reported that 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 assessments 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 20, 1999. The City Council adopted Resolution No. 5614, gra! ntin g preliminary approval to the Engineer's Report, and Resolution No. 5615, declaring its intention to levy and collect assessments for fiscal year 1999-2000, pursuant to the Lighting and Landscaping Act of 1972. On May 18, 1999, 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. Councilmember Banda moved to adopt Resolution No. 5616. Motion seconded by Councilmember Freedman and carried unanimously.

Resolution No. 5648 - Historic Resource - Public hearing was advertised for this time and place to consider the recommendation of the Historic and Scenic Preservation Commission to designate the "Miss Hester Leaverton House" located at 155 West Palm Avenue as Historic Resource No. 99. Community Development Director Shaw reviewed the recommendation of the Historic and Scenic Preservation Commission. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments concerning this matter. None being forthcoming, the public hearing was declared closed. Councilmember Banda moved to adopt Resolution No. 5648, a resolution of the City Council approving this recommendation based on the following findings in accordance with Section 2.62 of the Redlands Municipal Code:

1. It has unique design or detailing: The building is a Colonial Revival with features such as a side gable roof, side porch, portico with tapered columns and a broken pediment, double hung symmetrical windows and sidelights.
2. It has significant character, interest, or value as part of the development heritage or cultural characteristics of the City of Redlands, State of California, or the United States: The house was occupied by Miss Hester Leaverton who was a prominent art teacher in both San Bernardino and Redlands.
3. It is a particularly good example of period architecture: The structure is a good example of Colonial Revival Architecture which was popular in 1913 when the house was built.

Motion seconded by Councilmember Freedman and carried unanimously. Mayor Cunningham extended his appreciation of the owners of the house for their preservation efforts.

Resolution No. 5656 - Appropriations Limit - Public hearing was advertised for this time and place to consider Resolution No. 5656, a resolution of the City Council of the City of Redlands, California, establishing an appropriations limit for the fiscal year 1999-2000 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 hearin! g was declared closed. Councilmember Gilbreath moved to adopt Resolution No. 5656; motion seconded by Councilmember Freedman and carried unanimously.

Ordinance No. 2405 - Uniform Housing Code - Public hearing was advertised for this time and place to consider Ordinance No. 2405, an ordinance of the City of Redlands amending Chapter 15.24 of the Redlands Municipal Code relating to the adoption of the Uniform Housing Code, 1997 Edition, and making amendments thereto. Community Development Director Shaw explained that the reference model code and applicable State amendments will become effective at the local level on July 1, 1999, if not adopted by local jurisdictions. Staff recommended adoption while maintaining those more restrictive provisions that are currently in the Redlands Municipal Code as it pertains to hazardous buildings, accessory buildings, fences and walls, roofing, fire protection systems, and awnings. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments regarding this ordinance. None being forthcoming, the public hearing was declared closed. Ordinance No. 240! 5 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. 2405 was introduced with unanimous Council approval and laid over under the rules with adoption scheduled for June 29, 1999.

Ordinance No. 2406 - Uniform Code for Building Conservation - Public hearing was advertised for this time and place to consider Ordinance No. 2406, an ordinance of the City of Redlands amending Chapter 15.52 of the Redlands Municipal Code relating to the adoption of the Uniform Code for Building Conservation, 1997 Edition, and making amendments thereto. Community Development Director Shaw explained that the reference model code and applicable State amendments will become effective at the local level on July 1, 1999, if not adopted by local jurisdictions. Staff recommended adoption while maintaining those more restrictive provisions that are currently in the Redlands Municipal Code as it pertains to hazardous buildings, accessory buildings, fences and walls, roofing, fire protection systems, and awnings. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments regarding this ordinance. None being forthcoming, the public hearing was ! decl ared closed. Ordinance No. 2406 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. 2406 was introduced with unanimous Council approval and laid over under the rules with adoption scheduled for June 29, 1999.

Ordinance No. 2407 - Uniform Building Codes - Public hearing was advertised for this time and place to consider Ordinance No. 2406, an ordinance of the City of Redlands amending Chapter 15.04 of the Redlands Municipal Code relating to the adoption of the Uniform Building Code, 1997 Edition, Uniform Administrative Code, 1997 Edition, Uniform Code for Abatement of Dangerous Buildings, 1997 Edition, and making amendments thereto. Community Development Director Shaw explained that the reference model code and applicable State amendments will become effective at the local level on July 1, 1999, if not adopted by local jurisdictions. Staff recommended adoption while maintaining those more restrictive provisions that are currently in the Redlands Municipal Code as it pertains to hazardous buildings, accessory buildings, fences and walls, roofing, fire protection systems, and awnings. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments! regarding this ordinance. None being forthcoming, the public hearing was declared closed. Ordinance No. 2407 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 Ordinanc e No. 2407 was introduced with unanimous Council approval and laid over under the rules with adoption scheduled for June 29, 1999.

Ordinance No. 2408 - National Electric Code - Public hearing was advertised for this time and place to consider Ordinance No. 2408, an ordinance of the City of Redlands amending Chapter 15.12 of the Redlands Municipal Code relating to the adoption of the National Electric Code, 1996 Edition, and making amendments thereto. Community Development Director Shaw explained that the reference model code and applicable State amendments will become effective at the local level on July 1, 1999, if not adopted by local jurisdictions. Staff recommended adoption while maintaining those more restrictive provisions that are currently in the Redlands Municipal Code as it pertains to hazardous buildings, accessory buildings, fences and walls, roofing, fire protection systems, and awnings. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments regarding this ordinance. None being forthcoming, the public hearing was declared closed. Ordinance No. ! 2408 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. 2408 was introduced with unanimous Council approval and laid over under the rules with adoption scheduled for June 29, 1999.

Ordinance No. 2409 - Uniform Plumbing Code - Public hearing was advertised for this time and place to consider Ordinance No. 2409, an ordinance of the City of Redlands amending Chapter 15.08 of the Redlands Municipal Code relating to the adoption of the Uniform Plumbing Code, 1997 Edition, and making amendments thereto. Community Development Director Shaw explained that the reference model code and applicable State amendments will become effective at the local level on July 1, 1999, if not adopted by local jurisdictions. Staff recommended adoption while maintaining those more restrictive provisions that are currently in the Redlands Municipal Code as it pertains to hazardous buildings, accessory buildings, fences and walls, roofing, fire protection systems, and awnings. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments regarding this ordinance. None being forthcoming, the public hearing was declared closed. Ordinance No. 2! 409 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. 2409 was introduced with unanimous Council approval and laid over under the rules with adoption scheduled for June 29, 1999.

Ordinance No. 2410 - Uniform Mechanical Code - Public hearing was advertised for this time and place to consider Ordinance No. 2410, an ordinance of the City of Redlands amending Chapter 15.16 of the Redlands Municipal Code relating to the adoption of the Uniform Mechanical Code, 1997 Edition, and making amendments thereto. Community Development Director Shaw explained that the reference model code and applicable State amendments will become effective at the local level on July 1, 1999, if not adopted by local jurisdictions. Staff recommended adoption while maintaining those more restrictive provisions that are currently in the Redlands Municipal Code as it pertains to hazardous buildings, accessory buildings, fences and walls, roofing, fire protection systems, and awnings. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments regarding this ordinance. None being forthcoming, the public hearing was declared closed. Ordinance N! o. 2410 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. 2410 was introduced with unanimous Council approval and laid over under the rules with adoption scheduled for June 29, 1999.

Resolution No. 5649 - Fire Codes - Deputy Fire Chief Habant explained the Redlands Fire Department is charged with the protection of life and property in the City of Redlands. The most effective means to accomplish this is code enforcement through the adoption of the most current Uniform Fire Code in print. Proposed Ordinance No. 2402 (see below) and Resolution No. 5549 will accomplish this goal. Councilmember Banda moved to adopt Resolution No. 5649, a resolution of the City Council of the City of Redlands to comply with the State of California Health and Safety Code Sections 17958, 17958.5 and 17958.7 relating to the adoption of the 1997 Edition of the Uniform Fire Code and the 1998 Edition of the California Fire Code. Motion seconded by Councilmember Freedman and carried unanimously.

Ordinance No. 2402 - Uniform Fire Codes - Public hearing was advertised for this time and place to consider Ordinance No. 2402, an ordinance of the City of Redlands amending Chapter 15.20 of the Redlands Municipal Code adopting and amending the 1997 Edition of the Uniform Fire Code and Uniform Fire Code Standards, and adopting and amending the 1998 Edition of the California Fire Code. Deputy Fire Chief Habant explained the Redlands Fire Department is charged with the protection of life and property in the City of Redlands. The most effective means to accomplish this is code enforcement through the adoption of the most current Uniform Fire Code in print. Proposed Ordinance No. 2402 will accomplish this goal. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments regarding this ordinance. None being forthcoming, the public hearing was declared closed. Ordinance No. 2402 was read by title only by City Clerk Poyzer, and on motion o! f Councilmember Banda, seconded by Councilmember Freedman, further reading of the ordinance text was unanimously waiv ed, and Ordinance No. 2402 was introduced with unanimous Council approval and laid over under the rules with adoption scheduled for June 29, 1999.

Resolution No. 5652 - Eminent Domain - A hearing was noticed for this time and place on the proposed resolution of necessity for acquisition of fee interests in certain real property by eminent domain for improvements to the intersection of Colton and Wabash Avenues. Mayor Cunningham declared the meeting open for this hearing. City Attorney McHugh explained the nature and scope of the hearing. City Clerk Poyzer stated that notices of this hearing were sent by Certified Mail on May 17, 1999, to all property owners affected by the proposed project; return receipts were received the four property owners. Public Works Director Mutter reported on how the real property proposed to be acquired relates to the City's purposes and the proposed project. The intersection of Colton and Wabash Avenues exists with a two-lane roadways with no significant improvements such as curbs and gutters, sidewalks, drainage facilities, and street lights. Each roadway is improved to ultimat! e or near ultimate standards several hundred feet in all directions from the intersection. Redlands East Valley High School is located one-quarter mile east of the intersection. Traffic from ongoing development in the east Redlands and Mentone areas, along with traffic from the high school, utilize this intersection. In order to address traffic and public needs, the City of Redlands, in conjunction with the County of San Bernardino and the Redlands Unified School District, is proposing to reconstruct and widen both Colton Avenue and Wabash Avenue through this intersection. Such improvements will be constructed to ultimate General Plan designated widths. Right-of-way and easements will be required from several parcels adjacent to the proposed improvements. Public Works Director Mutter then reviewed the issues to be addressed by the City Council: it is necessary to widen and reconstruct both Colton Avenue and Wabash Avenue through this intersection to improve traffic flow and circulation for traffic generated by residential and commercial development in the area, as well as traffic generated by Redlands East Valley High School; the Colton Avenue and Wabash Avenue plans were developed in a manner to require the least amount of developed private property to be acquired for street right-of-way and utility easements involving the least impact to existing businesses and residences along the streets; the plans provide for an effective and economical design; and the property described in the resolution of necessity is required to widen either Colton Avenue and/or Wabash Avenue from the existing 66-foot width with two lanes of traffic to the ultimate master-planned width of 88 feet with four through lanes of traffic. Offers to purchase were sent to all effected properties on February 24, 1999. Staff has attempted to negotiate a settlement for the subject parcels wit! hout success. Without the acquisition of the subject property, the street improvement project cannot proceed. City Clerk Poyzer noted that a written request to be heard was received from Fred J. Stafford. Mayor Cunningham called upon all persons with an interest in the property who wished to be heard. Speaking for his parents, Fred J. and Anetha Stafford, Fred Stafford read a letter explaining why his parents do not wish to sell a portion of their property which is located at 728 North Wabash Avenue. The portion the City wishes to acquire for this street improvement project is used for parking for their recreational vehicle. Loss of this property will subject them to rent charges to store their recreational vehicle in another location, and the price offered is inadequate to cover this expense. Mr. Stafford offered the City Council a possible solution if an agreement could be negotiated for the Staffords to use the State property located across the street from their property! . Public Works Director Mutter explained the process to acqui re Caltrans property and stated he was meeting with the Staffords to assist them although it could take up to two years to complete the process with Caltrans. Mayor Cunningham then called upon all persons who wished to be heard on the proposed project. There being no further comments, the hearing was closed. Mayor Cunningham expressed the City Council's desire to assist the Staffords. Councilmember Freedman moved to adopt Resolution No. 5652, a resolution of the City Council of the City of Redlands declaring that the acquisition of fee interests in portions of certain real property by eminent domain (Assessor Parcel Nos. 299-011-23, Union Pacific Railroad; 170-311-06 and 299-011-22, State of California; 299-011-05, Fred J. and Anetha Stafford; and 298-061-16, William and Lavesta M. Locklin for an easement for the benefit of Bear Valley Mutual Water Company) is necessary for the construction of the City of Redlands' proposed Colton and Wabash Avenues Intersection Constructio! n Pr oject, with the understanding the City would not commence condemnation proceedings on the Stafford property and directed staff to continue dialog with the Staffords and Caltrans. Motion seconded by Councilmember Banda and carried unanimously.

Year-Round Schools - Ms. Linda Cheril Bast, San Bernardino, addressed the City Council expressing her opposition to year-round school schedules in Redlands and the impact of developers for their fast growth impact.

There being no further business, the City Council meeting adjourned at 7:42 P.M. to an adjourned regular meeting to be held on June 29, 1999, in the City Council Chambers, 35 Cajon Street, Redlands, California.

Pre-Annexation Agreement No. 99-01 - 31168 Highland Avenue - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved Pre-Annexation Agreement No. 99-01 for an outside the City utility connection for an existing single family residence located at 31168 Highland Avenue, approximately 3,400 feet easterly of the City limits of Redlands (Jeff Barlow, applicant), based on the following findings:

1. That the existing single family residence is consistent with the policies, land use designation, and density prescribed by the General Plan;
2. That the proposed utility connection for this existing residence will have minimal effect upon the City's public infrastructure;
3. That the design and improvements of the proposed utility connection are consistent with City standards; and
4. That the site is physically suitable to accommodate the existing single family residence.

Resolution No. 5658 - Developer Financing Proposals - As recommended by City Attorney McHugh, this item was tabled to a future agenda.

Planning Commission Review and Approval No. 702 - Lowe's Company, Inc. - Public hearing was continued from May 11, 1999, to this time and place to consider the socio-economic cost/benefit study for the construction of a 135,197 square foot home improvement center on 12.69 acres in the EV/IC (Commercial Industrial) District of the East Valley Corridor Specific Plan located at the southwest corner of Iowa Street and Redlands Boulevard. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments concerning the socio-economic cost/benefit study. Representing Edward Stein, H & E Do-It-Yourself Centers, Craig E. Wilson addressed the City Council and reviewed his letter dated June 1, 1999, regarding the impact Lowe's will have on existing businesses and payment of the development fees. Noting he had previously submitted (at the Planning Commission meeting) 70 petitions against the Lowe's project, Mr. Wilson submitted an additional 30 envelopes at thi s meeting. An audit conducted by the City Clerk's Office revealed the following information: The envelopes contained 46 signatures: 32 Redlands' residents, 1 from Victorville, 1 from Lake Arrowhead, and 12 who did not indicate any address. There being no further comments, the public hearing was closed. Councilmember Freedman moved to approve the Socio-Economic Cost Benefit Study for Planning Commission Review and Approval No. 702 as the project will not create unmitigable physical blight or over-burden public services in the community, and no additional information or evaluation is needed, and that the proposed project, based on the overall Fiscal Impact Analysis, will provide the City with a positive annual revenue/cost ratio of 2.395. Motion seconded by Councilmember Banda and carried unanimously. Community Development Director Shaw review the lengthy staff report covering the Environmental Review Committee and Planning Commission's actions on this project. Representing Edward S tein, H & E Do-It-Yourself Centers, Craig E. Wilson spoke at length and reviewed his letter dated June 1, 1999, as it related to the project. Mr. Stein also addressed the City Council stating he could compete with anyone on a level playing field. Dan Crow, President of the Redlands Professional Fire Fighters, encouraged staff and the City Council to continue their search for projects such as Lowe's. On behalf of Lowe's, Mike Skiles and Pam Steele spoke and commended staff for their efforts during the past 15 months while processing their application. A letter was received from John Mirau, representing Redlands Joint Venture, LLC, setting forth their objections to the approval of this project. Councilmember Banda moved to adopt the Mitigated Negative Declaration for Planning Commission Review and Approval No. 702 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. On motion of Councilmember Banda, seconded by Councilmember Freedman, the City Council unanimously approved Planning Commission Review and Approval No. 702 subject to the following findings and all departmental recommendations and conditions of approval as contained in the Planning Commission minutes dated April 27, 1999:

1. That the site for the proposed use is adequate in size and shape to accommodate the use;
2. That the site properly relates to streets and highways designed and improved to carry the type and quantity of traffic to be generated by the proposed development;
3. That the use of desirable for the overall development of the community, is consistent with the policies, programs, and objectives of the Redlands General Plan, and will not be detrimental to existing development of planned uses in the vicinity of the project site;
4. That the proposed development is in compliance with the policies and standards as identified in the East Valley Corridor Specific Plan; and
5. That the conditions of approval proposed for Planning Commission Review and Approval No. 702 are necessary to protect the public health, safety and general welfare.

Proposed Financing Agreement - Lowe's Company, Inc. - As there was no proposal before the City Council, this item was removed from the agenda.

Legislative Bulletin - No discussion ensued on this item.

City Manager's Report - AB 977 - City Manager Luebbers reported that we have been informed that AB 977, supported by Majestic, is now classified "inactive status" and that no further action will be taken on this proposal during this year. Councilmembers directed staff to prepare letters for the Mayor's signature to thank Senator Longville and the League of California Cities thanking them for their assistance.

Brown Act - Attorney General Opinion - As promised at the last meeting, copies of the California Attorney General's Opinion No. 97, dated April 29, 1998, regarding the Brown Act were available in the foyer. Mayor Cunningham thanked Joan Dotson for informing the public of this opinion which showed our City Council is complying with the Brown Act.

County General Plan Amendment - Spheres of Influence - Community Development Director Shaw reviewed the proposed amendment to the Land Use/Growth Management Policies of the County of San Bernardino General Plan. The matter was considered by the County Planning Commission on May 20, 1999, and by a 3 to 2 vote it was recommended that the proposed amendment be denied. The County Board of Supervisors will consider this matter at their meeting on June 8, 1999. Community Development Director Shaw explained the amended policies reverse current policies and goals pertaining to annexation, land use planning and growth management for unincorporated lands within the city spheres of influence. The current policies provide that urban development should occur in cities which are established to provide such services and that the County supports annexations, land use planning and growth management policies supportive of this concept; the amended policies provide that the County will maintain land use planning and growth control determinations and may consider annexations if appropriate. The current policies provide that the County will support city standards and policies which pertain to the management of lands within a city's adopted sphere of influence; the amended policies provide that the County will maintain land use and growth management control and will consider coordination with cities. Mayor Cunningham noted this is an attack on 24 cities within the County of San Bernardino to benefit the "donut hole" and moved to oppose the proposed amendments to the Land Use/Growth Management Policies o the County of San Bernardino General Plan as proposed in GPA CW1-849N and request the County Board of Supervisors to accept the recommendation of the San Bernardino County Planning Commission and deny the proposed amendment. Motion seconded by Councilmember Banda and carried unanimously.

Regional Mall Site Designation Relocation - Councilmember Freedman moved to table this discussion to the June 15, 1999, meeting and see what the County Board of Supervisors does regarding GPA CW1-849N (see above paragraph). Motion seconded by Councilmember Banda and carried unanimously.

Downtown Trolley - Councilmember George was pleased to announced that the Downtown Trolley project has been included in a Federal funding plan in the amount of $800,000.00, and thanked Congressman Lewis for his assistance. He reported the survey results should be ready by the end of this week. Mayor Cunningham expressed appreciation to Councilmember George for his efforts on this project.

Resolution No. 5651 - Showprop Redlands, LLC. - A joint public hearing of the City Council and the Redevelopment Agency of the City of Redlands was advertised for this time and place to consider for the purpose of redevelopment the sale of certain real property located in the City of Redlands on the southwest corner of Eureka Street and Oriental Avenue. City Manager Luebbers explained the Redevelopment Agency entered into a lease agreement in 1995 with option to purchase with Showprop Redlands LLC (Krikorian Theatres) regarding property the theater is using for parking purposes. Mr. Krikorian has now decided to exercise his right to purchase that property. The terms for purchase are in accordance with the agreement made by the City Council and the Redevelopment Agency in 1995 with Mr. Krikorian. Mark Jensen questioned the improvements and sales price. In accordance with the lease with option to purchase, Mr. Krikorian is entitled to a credit of $200,000.00 towards the pur chase price for the completion of parking-related improvements to the property. The Redevelopment Agency will receive $98,000.00 less escrow and recording fees. Councilmember Banda moved to approve Resolution No. 5651, 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 Showprop Redlands, LLC. Motion seconded by Councilmember Freedman and carried unanimously. (Also see Redevelopment Agency minutes for June 1, 1999.)

Resolution No. 5654 - Water Revenue Bonds, Series 1999A - Finance Director Johnson explained that during the May, 1998, budget hears, the City Council of the City of Redlands gave staff authorization to begin the refinancing process with relation to outstanding water and wastewater utility debt (COP's). The main objective was to convert variable rate debt to fixed rate debt while rates were still favorable. Staff has been actively pursuing the matter since that time. The Preliminary Official Statement is scheduled for print on June 2, 1999. Distribution is scheduled for June 6, 1999, with bond pricing to occur June 8, 1999, and bond closing on June 23, 1999. Based on current market conditions and the City's current cost of funds (interest and letter of credit fees), conversion to a fixed rate is likely to yield no current savings, but will yield costs savings over the life of the bonds. The maturity dates of the new debt are identical to that of the old debt. Mr. Jim Cer vantez, Stone and Youngberg, reported our Standard & Poor's rating is "A" for the water and wastewater debt He reviewed the bond insurance bids, current interest rates, and the projected underwriter's discount. Councilmember Freedman moved to adopt Resolution No. 5654, a resolution of the City Council of the City of Redlands approving form and substance of installment sale agreement, authorizing changes thereto and execution thereof; approving the form of preliminary official statement; approving the form of continuing disclosure agreement; and authorizing related actions and execution of related documents in connection therewith (Water Revenue Refunding Bonds, Series 1999A), reflecting a one percent (1%) underwriter's discount. Motion seconded by Councilmember Banda and carried unanimously. (Also see Redlands Financing Authority minutes for June 1, 1999.)

Resolution No. 5655 - Wastewater Revenue Bonds, Series 1999A - Finance Director Johnson explained that during the May, 1998, budget hears, the City Council of the City of Redlands gave staff authorization to begin the refinancing process with relation to outstanding water and wastewater utility debt (COP's). The main objective was to convert variable rate debt to fixed rate debt while rates were still favorable. Staff has been actively pursuing the matter since that time. The Preliminary Official Statement is scheduled for print on June 2, 1999. Distribution is scheduled for June 6, 1999, with bond pricing to occur June 8, 1999, and bond closing on June 23, 1999. Based on current market conditions and the City's current cost of funds (interest and letter of credit fees), conversion to a fixed rate is likely to yield no current savings, but will yield costs savings over the life of the bonds. The maturity dates of the new debt are identical to that of the old debt. Mr. Ji m Cervantez, Stone and Youngberg, reported our Standard & Poor's rating is "A" for the water and wastewater debt He reviewed the bond insurance bids, current interest rates, and the projected underwriter's discount. Councilmember Freedman moved to adopt Resolution No. 5655, a resolution of the City Council of the City of Redlands approving form and substance of installment sale agreement, authorizing changes thereto and execution thereof; approving the form of preliminary official statement; approving the form of continuing disclosure agreement; and authorizing related actions and execution of related documents in connection therewith (Wastewater Revenue Refunding Bonds, Series 1999A), reflecting a one percent (1%) underwriter's discount. Motion seconded by Councilmember Gilbreath and carried unanimously. (Also see Redlands Financing Authority minutes for June 1, 1999.)

Aerodrome - Redlands Municipal Airport - The following people addressed the City Council regarding the recent eviction notice given to Aerodrome Aircraft Rentals, Inc. at the Redlands Municipal Airport: Sue Ann Thompson, Trish Peterson, Mike Marko, and Andy Testman. City Attorney McHugh noted the City is not evicting anyone; that he understands there are negotiations in process between the lessee and sub-lessee and that eviction is not eminent; and referred these people to the attorney representing the lessee. Mayor Cunningham asked Mr. Testman to submit his accusations and comments in writing to Public Works Director Mutter or City Attorney McHugh.

The City Council meeting recessed at 5:18 P.M. to a closed session to discuss the following:

1. Conference with legal counsel: Existing litigation - Government Code Section 54956.9(a) - Redlands Joint Venture LLC v. City of Redlands and Timberlake - SCV 54994
2. Conference with real property negotiator Government Code ?4956.8
   Property: Assessor's Parcel Nos. 170-301-03 and 168-291-09
   Negotiating parties: Ronald C. Mutter and SANBAG
   Under negotiation: Terms and price

There being no further business, the City Council meeting adjourned. The next regular meeting will be held on June 15, 1999.

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

PRESENTATION

Retirement Recognition - Public Works Director Mutter reported he hired Assistant Public Works Director Laaninen on January 12, 1987, and he has been a valuable member of the Public Works staff and employee of the City of Redlands. He is extremely knowledgeable, professional and proficient in what he has done and his efforts have benefited most of the City's citizens in some way. Mayor Cunningham presented a plaque with the City seal to Mr. Laaninen who will be retiring at the end of this month and thanked him for his dedicated service to the City of Redlands.

1999-2000 Budget - Noting possible conflicts on interests regarding the portion of the budget for mutual water company stock acquisition, Mayor Cunningham and Councilmember Gilbreath left the Council Chambers. Councilmember Freedman moved to approve the 1999-2000 budget for Water Stock Purchase, Source Acquisition Fund (72), Program No. 8600, as proposed and presented. Motion seconded by Councilmember George and carried with Councilmembers Cunningham and Gilbreath abstaining. Following discussion as to what to include in the motion for approval of the proposed budget, on motion of Councilmember Gilbreath, seconded by Councilmember George, the City Council unanimously approved the 1999-2000 budget with the following additions: authorize two part-time positions - one as support staff for the Joslyn Senior Center and another for the Parks Division whose only responsibility will be to clean restrooms in the parks; authorize an additional financial analyst position in the Financ e Department; direction to the City Manager to prepare a financial plan for employee salary raises and a vehicle replacement program; and enhance vehicles currently in use especially for Electrician Jim Harrison. Councilmembers complimented City Manager Luebbers, Finance Director Johnson, Finance Accounting Manager Kundig, and the department heads for a job well done in the preparation of this conservative budget.

Minutes - Joan Dotson asked Mayor Cunningham for clarification in the minutes where it refers to her request at the May 4, 1999, meeting regarding the question of compliance with the Brown Act. Ms. Dotson understood that a legal opinion would be prepared by the City Attorney and placed on the agenda. Mayor Cunningham responded that the Attorney General's opinion distributed by Ms. Dotson seemed to answer the question in regard to Councilmembers sitting as observers in commission meetings. City Attorney McHugh again explained that document presented at the last meeting indicated that three Councilmembers could sit in on an advisory commission meeting with the caveat that the Councilmembers not speak publicly and that the Attorney General's opinion speaks or itself and was consistent with the way this City Council has been acting. In an effort to appease Ms. Dotson, Mayor Cunningham said we would place this matter on the next City Council agenda and make copies of the docume nt available to Ms. Dotson and anyone else who wanted a copy. Councilmember Banda then moved to approve the minutes of the regular meeting of May 4, 1999, and the adjourned regular meeting of May 11, 1999, as submitted. Motion seconded by Councilmember Banda and carried unanimously.

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 May 11, 1999, was acknowledged as received.

Environmental Review Committee - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the report of the Environmental Review Committee meeting held May 10, 1999, and the tentative agenda for the Environmental Review Committee meeting to be held on May 24, 1999, were acknowledged as received.

Ordinance No. 2399 - SMARA - Ordinance No. 2399, an ordinance of the City of Redlands adding Chapter 18.266 to the Redlands Municipal Code to establish regulations for surface mining and reclamation activities (SMARA) and repealing Article XI of the Redlands Municipal Code, 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. 2401 - Human Relations Commission - Ordinance No. 2401, an ordinance of the City of Redlands amending Chapter 2.66 of the Redlands Municipal Code relating to the Human Relations Commission, 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

Minor Subdivision No. 241 - Joseph C. Murrey, Jr. - Final Approval - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously granted final approval for Minor Subdivision No. 241, a subdivision of approximately 3.4 acres into two single family residential lots in the R-E (Residential Estate) District located on the east side of Halsey Street, approximately 300 feet south of Garden Street, as all conditions of approval imposed on this project have been met.

Agreement - Redlands Baseball for Youth - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved the amended rental agreement between the City of Redlands and Redlands Baseball for Youth and authorized the Mayor and City Clerk to execute the document on behalf of the City.

Proclamation - Water Awareness Month - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously authorized issuance of a proclamation declaring the month of May as Water Awareness Month and acknowledged the involvement of those citizens who already practice water conservation techniques and urge all citizens to learn more about water conservation and how they can, as individuals, help future generations "Use Water Wisely - It's a Way of Life."

Contract - Surface Mining - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved a contract with Enviromine to provide professional services for surface mining and mining application processing services on an as needed basis.

Groundwater Management Database - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved Task Order No. 17 with the engineering firm of CH2M-Hill to provide continuing technical support of the Groundwater Management Database and authorize the Municipal Utilities Department to enter into an agreement in an amount not to exceed $5,000.00.

Agreement - Recreation Bureau - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved an independent contractor agreement between the City of Redlands Recreation Bureau and Tony Birabent for trumpet lessons and authorized the Mayor and City Clerk to sign the agreement on behalf of the City.

Contract - Crossing Guards - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved an amended contract agreement between the City of Redlands and All City Management Services, Inc. to provide school crossing guard services at intersections with high pedestrian and vehicle traffic. Fifty percent of the contract is paid by the Redlands Unified School District.

Contract - CLETS - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved an amended contract agreement between the City of Redlands and the San Bernardino County Sheriff's Department for access to the California Law Enforcement Telecommunications Systems (CLETS) and authorized the Mayor and City Clerk to sign the contract on behalf of the City.

Permit Parking - Downtown Area - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved a ninety-day trial period to test a permit process for extended parking in the two-hour parking areas in the downtown business district as recommended by the Traffic and Parking Commission and Downtown Redlands Business Association Advisory Board.

Airport Well No. 2 - Electrical Control Panel - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved the purchase of an electrical control panel for Airport Well No. 2 from Brithinee Electric at the price of $17,475.00. Airport Well No. 2 is located at the northeast corner of Judson Street and Riverview Avenue and was recently drilled and tested for potable water purposes and is expected to be in production this summer to augment water supply for the City.

Legislative Bulletin - AB 977, sponsored by Redlands Joint Venture and authored by Assemblyman Vincent, is intended to add language to the sphere of influence law that says it is okay to have another agency provide sewer and water within an established city sphere of influence. This proposed legislation would apply statewide. Councilmembers directed staff to send a letter to the League of California Cities asking for their review and position, and that telephone calls and Fax's be sent to the review committee and our legislators opposing the legislation and asking for a continuance to allow notification of other cities. Councilmember Gilbreath did not support this action as she had just received memorandum and had not had an opportunity to review the information.

City Manager's Report - City Manager Luebbers announced that a ground breaking ceremony will take place on May 25, 1999, for the new Golison development located adjacent to Boston Market. This development will feature Starbucks Coffee, Rubio's Baja Grill, Togo's, Pacific Bell PCS Store, and Simmons Beautyrest Gallery Mattress. Construction has begun for the Fern Lodge which is located on the southwest corner of Redlands Boulevard and Fern Avenue.

General Plan Amendment - East Valley Corridor Specific Plan - Councilmember Freedman urged the City Council to re-evaluate its decision to designate a regional mall and commercial site in the donut hole and suggested the City move those designations within the City of Redlands. This was discussed at length with Councilmember Gilbreath noting we have the option to change zoning when a developer comes in with a project proposal. Councilmember George felt we should proceed with great caution in order to protect the citrus groves in the area and not adversely impact the downtown area. Mayor Cunningham noted any project out there will effect downtown, but that we need to assure ourselves the City will get the benefits of development and suggested shifting the designation west by approximately two miles. Mayor Cunningham asked staff to look at this issue and report back to the City Council at the June 15, 1999, meeting.

Fee Waiver - Redlands 4th of July Committee - Councilmember Banda moved to approve the request from the Redlands 4th of July Committee, Inc. to waive all fees and rental charges for their annual celebration which is co-sponsored by the City of Redlands, the University of Redlands, the Redlands Daily Facts, and the citizens of Redlands. Motion seconded by Councilmember Freedman and carried unanimously. Mayor Cunningham said the Redlands 4th of July Committee does a "yeoman job" and waiver of these fees and charges is a small subsidy compared to their contributions to the community.

Resolution No. 5650 - Great Neighborhoods Program - Councilmember Banda moved to adopt Resolution No. 5650, 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 to implement an additional three participant agreements which will be acted upon by the Board of Directors of the Redevelopment Agency. Motion seconded by Councilmember Freedman and carried unanimously. (Also see Redevelopment Agency minutes for May 18, 1999.)

The City Council meeting recessed at 3:50 P.M. to continue the Redevelopment Agency meeting and reconvened at 3:52 P.M. to a closed session to discuss the following:

1. Conference with legal counsel: Existing litigation - Government Code Section 54956.9(a)
   - St. James v. City of Redlands
   - Redlands Joint Venture v. City of Redlands et al (SCV54994)
   - Charles Varvel - Workers' Compensation claim

Majestic Realty Company v. City of Redlands/Timberlake - City Attorney McHugh reported the City has won another lawsuit filed against it by Majestic Realty Company challenging the City's approvals of the Timberlake Project. Majestic Realty has now lost on its challenges to the City's approval of the Timberlake concept plan, the final development plan for Phase I for the project, the development agreement, the amended development agreement, and CEQA actions. One lawsuit remains which challenges the last two entitlements issued to Timberlake in January, and that hearing has been set for August 12, 1999.

The meeting reconvened at 7:00 P.M.

Noting that the need to take action was immediate, Councilmember George moved to add an item to the agenda which arose subsequent to the agenda being posted regarding the Greenway Conservancy's recent meeting. Motion seconded by Councilmember Freedman and carried with Councilmember Cunningham abstaining due to a possible conflict of interest. Councilmember George reported that the City has the opportunity of gaining some grant money for preservation of the San Timoteo Creek, and moved to direct staff to communicate with his contact who has volunteered to assist in the applications for some grant monies that could amount to several hundred thousand dollars. Motion seconded by Councilmember Freedman and carried with Councilmember Cunningham abstaining due to a possible conflict of interest.

Tentative Tract No. 12382 - CUP No. 685 - Walter Danielson - Public hearings were continued from May 4, 1999, to this time and place to consider the socio-economic cost benefit studies and notices of mitigated negative declaration for Tentative Tract No. 12382 and Conditional Use Permit No. 685 for a Planned Residential Development for the subdivision of 41.5 acres into 31 residential lots in the RA-A (Residential Estate-Animal) District and the A-1 (Agricultural) District, generally located east of Wabash Avenue and south of Sunset Drive; Walter Danielson, applicant. Community Development Director Shaw reported the Trails Committee reviewed this project on May 10, 1999, and recommended approval subject to the following design recommendations: (1) the terminus of Panorama Point Drive is to be relocated to the east in order to allow the proposed trail, which connects to Sunset Drive, to be within a lesser sloped area, and to preserve the rock wall by preventing vehicles from pa rking within this area; and (2) that there be a continuous trail along the north side of Sunset Drive from the east boundary of the project to the west boundary. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. Representing the Danielson family, Pat Meyer indicated they agreed with the Trails Committee recommendations and were confident they had addressed the neighbors' concerns about drainage. Anne Marie Godfrey, a member of the Danielson family, expressed her pleasure with the design that preserves open space. There being no further comments, the public hearing was closed.

Councilmember George moved to approve the Environmental Review Committee's Mitigated Negative Declaration for Tentative Tract No. 12382 and Conditional use Permit No. 685 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 Banda and carried unanimously.

Councilmember George moved to approve the Socio-Economic Cost Benefit Study for Tentative Tract No. 12382 and Conditional use Permit No. 685 as the project will not create unmitigable physical blight or over-burden public services in the community, and no additional information or evaluation is needed, and that the proposed project, based on the overall Fiscal Impact Analysis, will provide the City with a positive annual revenue/cost ratio of 2.048. Motion seconded by Councilmember Banda and carried unanimously.

On motion of Councilmember Banda, seconded by Councilmember Freedman, the City Council unanimously approved Tentative Tract No. 12382 subject to the following findings and conditions of approval contained in Planning Commission minutes dated March 23, 1999:

1. That the proposed map is consistent with the policies, land use designation, and density prescribed by the General Plan;
2. That the design and improvements of the proposed subdivision are consistent with City standards;
3. That the site is physically suitable for the type of development;
4. That the design of the subdivision or the proposed improvements are not like to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
5. That the design of the subdivision or type of improvements will not cause any serious health problems;
6. 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; and
7. That pursuant to California Government code section 66474.6, the discharge of waste from this subdivision 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.

On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved Conditional Use Permit No. 685 subject to the following findings and conditions of approval contained in Planning Commission minutes dated March 23, 1999:

1. That the use applied for at the location noted is properly one for which a conditional use permit is authorized by Title 18 of the Redlands Municipal Code;
2. That the use is necessary or desirable for the development of the community, is in harmony with various elements or objectives of the General Plan, and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located;
3. That the site for the intended use is adequate in size and shape to accommodate the use, and all the yards, setbacks, walls or fences, landscaping and other features required in order to adjust the use of those existing or permitted future uses on land in the neighborhood;
4. That the site properly relates to streets and highways designed and improved to carry the type and quantity of traffic or to be generated by the proposed use;
5. That the conditions set forth on this conditional use permit are deemed necessary and reasonable to protect the public health, safety and general welfare, and the best interests of the neighborhood; and
6. That the proposed project will be consistent with the intent and guidelines of the General Plan.

Resolution No. 5612 - Landscape Maintenance District - Public Works Director Mutter explained 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. 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 District was presented to the City Council on April 20, 1999. Resolution No. 5610, granting preliminary approval to the Engineer's Report, and Resolution No. 5611, declaring its intention to levy and collect assessments for fiscal year 1999-2000 pursuant to the Lighting and Landscaping Act of 1972, were adopted by the City Council on April 20, 1999. This public meeting gives the City Council an opportunity to review the Engineer's Report and receive questions and input from the public. There is no assessment increase proposed, but Public Works Director Mutter reported the debt continues to grow and is covered by the General Fund.

Resolution No. 5616 - Street Lighting District - Public Works Director Mutter explained 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. 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 District was presented to the City Council on April 20, 1999. Resolution No. 5614, granting preliminary approval to the Engineer's Report, and Resolution No. 5615, declaring its intention to levy and collect assessments for fiscal year 1999-2000 pursuant to the Lighting and Landscaping Act of 1972, were adopted by the City Council on April 20, 1999. This public meeting gives the City Council an opportunity to review the Engineer's Report and receive questions and input from the pu blic. There is no assessment increase proposed.

Outside City Case No. 99-01 - Municipal Utilities Director Phelps reported the City has received a completed application for a water connection from Jeff Barlow for OSC No. 99-01 pursuant to Chapter 13.60 of the Redlands Municipal Code for outside the City utility connections to residential development within the City's Sphere of Influence. OSC No. 99-01 is an existing single family residence located at 31168 Highland Avenue and is 3,400 feet easterly of the City limits of Redlands. The application is to replace the existing private water source with City water source. Staff review indicates that this application is consistent with the Redlands General Plan and is subject to installation of an eight inch water main in Highland Avenue and meeting utilities development requirements. Councilmember Gilbreath moved to determine that OSC No. 99-01 is consistent with the City of Redlands General Plan and that the public health, safety and welfare, and the best interests of the citi zens of Redlands are served by the City's continued processing of the application. Motion seconded by Councilmember Banda and carried unanimously.

Outside City Case No. 99-27 - Municipal Utilities Director Phelps reported the City has received a completed application for water and sewer connections from Nice Development Corporation for OSC No. 99-27 pursuant to Chapter 13.60 of the Redlands Municipal Code for outside the City utility connections to residential development within the City's Sphere of Influence. Tentative Tract No. 13768 is a 46 lots subdivision located on the northwest corner of Agate Avenue and Nice Avenue, 3/4 of a mile east of the City limits of Redlands. Staff review indicates that Tentative Tract No. 13768 is consistent with the Redlands General Plan and requires no offsite extensions of water or sewer lines to be served subject to meeting utilities development requirements. Community Development Director Shaw responded to Mayor Cunningham's inquiry saying the developer understands they will comply with all of Redlands' standards. Councilmember Banda moved to determine that OSC No. 99-27 is consiste nt with the City of Redlands General Plan and that the public health, safety and welfare, and the best interests of the citizens of Redlands are served by the City's continued processing of the application. Motion seconded by Councilmember George and carried unanimously.

Mayor Cunningham asked Councilmembers consider issuance of a proclamation for Memorial Day for the American Legion Post 650. Noting that the need to take action was immediate, Councilmember Gilbreath moved to add this item to the agenda which arose subsequent to the agenda being posted. Motion seconded by Councilmember George and carried unanimously. Councilmember Freedman moved to authorize issuance of this proclamation as requested. Motion seconded by Councilmember Banda and carried unanimously.

There being no further business, the City Council meeting adjourned at 7:28 P.M. The next regular meeting will be held on June 1, 1999.

WORKSHOP

1999-2000 Proposed Budget - City Manager Luebbers presented a fund balance reconciliation update for fiscal year 1999-2000 revised as of this morning which shows a $973,447.00 reserved. Also prepared for this meeting was a revised budget recap and revised revenue detail for the Municipal Utilities Department.

Proposed budgets were reviewed by the City Council as follows: Municipal Utilities Department and Police Department.

Councilmembers concurred to continue their discussion on the proposed budget at the 3:00 P.M. session.

There being no further business, the City Council meeting adjourned at 11:32 A.M. The next regular meeting will be held on May 18, 1999, at 3:00 P.M.

TV Crew - City Manager Luebbers informed Councilmembers that the students who have been operating our TV cameras are not able to work in the mornings because they are attending school. The volunteer camera operators for these morning budget workshops are members of the Civilian Volunteer Patrol (CVP) and Renee Groese from the Police Department is assisting Mr. Ettleman, the Director.

WORKSHOP

1999-2000 Proposed Budget - City Manager Luebbers presented a memorandum with the information Councilmembers' requested at the May 11, 1999, workshop. Proposed budgets were reviewed by the City Council as follows: Library, City Clerk, City Treasurer, Redevelopment, Community Development, and Public Works.

There being no further business, the City Council meeting adjourned at 10:55 A.M. to an adjourned regular meeting to be held on Tuesday, May 18, 1999, at 9:00 A.M. in the City Council Chambers, 35 Cajon Street, Redlands, California.

PUBLIC HEARING

CRA No. 702 - Lowe's Company, Inc. - Public hearing was advertised for this time and place to consider the socio-economic cost/benefit study and notice of preparation of draft mitigated negative declaration for the construction of a 135,197 square foot home improvement center on 12.69 acres in the EV/IVC (Commercial Industrial) District of the East Valley Corridor Specific Plan located at the southwest corner of Iowa Street and Redlands Boulevard. Community Development Director Shaw reported that staff and the applicant's consultants are still preparing material for the City Council's consideration. Staff recommended that this request be continued to June 1, 1999, to allow completion of the staff report. Councilmember Freedman moved that the City Council continue the public hearing for the mitigated negative declaration, socio-economic cost benefit study, and Planning Commission Review and Approval No. 702 to June 1, 1999. Motion seconded by Councilmember Gilbreath and carr ied unanimously.

Resolution No. 5645 - Underground Utility District No. 10 - Public Works Director Mutter explained the City Council adopted Resolution No. 5331 on December 3, 1996, which established Underground Utility District No. 10 along Eureka Street between Redlands Boulevard and Pearl Avenue. This resolution provided for the removal and undergrounding of all poles, overhead wires and associated overhead structures in the District along with the course of the reconstruction and widening of Eureka Street. This project was intended to include both Southern California Edison distribution and transmission facilities. However, Southern California Edison's Transmission Section does not believe that the resolution includes transmission facilities since these facilities were not specifically mentioned. Resolution No. 5645 amends Section 2 of Resolution No. 5331 to address that omission. Councilmember Freedman moved to adopt Resolution No. 5645, a resolution of the City Council of the City of R edlands amending Underground Utility District No. 10 along Eureka Street between Redlands Boulevard and Pearl Avenue. Motion seconded by Councilmember Banda and carried unanimously.

Proclamation - Hire-A-Veteran Week - By consensus, the City Council unanimously authorized issuance of a proclamation declaring May 10-14, 1999, as Hire-A-Veteran Week and urged local employers, organized labor, veterans' organizations, and other government leaders to support this worthy campaign to increase employment opportunities for the men and women who have faithfully served our nation in the military.

Proclamation - National Association of Insurance Women Week - By consensus, the City Council unanimously authorized issuance of a proclamation declaring May 16-22, 1999, as NAIW Week and urged our citizens to do honor to the women who are performing such important and diverse roles throughout the risk and insurance industry.

1999-2000 Proposed Budget - This year, a narrative section is included in the budget document as a preamble to each department and division's budget which will allow the City Council, or any person reviewing the budget, to get a thumbnail sketch of a particular department's mission and goals and to review, in narrative form, just what the dollars are buying. Additionally, the pages in this year's budget are numbered for ease of reference. Also included are two comprehensive studies, one addressing Confire and the other prisoner services. An analysis of phone service will be provided as a later date. City Manager Luebbers presented a fund balance reconciliation based on the latest information available as of this morning, noting that $955,000.00 will have been saved during this past fiscal year by not filling vacancies immediately, either intentionally or not intentionally. Mr. Luebbers said the staff has spent considerable time and effort in preparing a budget providing se rvices within the context of a financially restrictive environment. He was pleased to present a document which staff feels is well thought out, comprehensive, economical, and service driven. Proposed budgets were reviewed by the City Council as follows: City Attorney, City Council, City Manager, Personnel, Workers' Compensation, Finance, Liability Insurance, and Fire Department.

There being no further business, the City Council meeting adjourned at 10:40 A.M. to an adjourned regular meeting to be held on Thursday, May 13, 1999, at 9:00 A.M. in the City Council Chambers, 35 Cajon Street, Redlands, California.

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

PRESENTATIONS

TV Crew - Mayor Cunningham presented a certificate of appreciation to Cheryl Entler as an expression of gratitude for her volunteer service as Assistant Director of the live televised production of the City Council meetings. Certificates of appreciation were also presented to Cory Elgin, Aaron Godard, and Quinn Stevenson for their volunteer services as Camera Operators and to Robert Ettleman for his volunteer service as Director and Producer.

Boys and Girls Club - Special Project Grant - Marge Emrick, President of the Redlands Boys and Girls Club, informed Councilmembers they have been notified they are to receive $500,000.00 from HUD through Congressman Lewis. The grant is part of a package which also includes bridge and Fox Theater renovation funds. The grant must go through a public entity but if the City is willing to write a letter indicating the Redlands Boys and Girls Club is fiscally responsible, the funds can be diverted directly to their organization for administration. Councilmember Gilbreath announced she had a possible conflict of interest and left the City Council Chambers. By consensus of the remaining members of the City Council, the Mayor was authorized to write a letter to HUD as requested by the Redlands Boys and Girls Club.

Minutes - On motion of Councilmember Banda, seconded by Councilmember Freedman, the minutes of the regular meeting of April 20, 1999, were approved as submitted.

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

Planning Commission Actions - Joan Dotson expressed concern about the attendance of a majority of the members of the City Council at the Planning Commission meeting held on April 27, 1999. She shared copies of an opinion from the California Attorney General addressing questions in relation to members of a legislative body of a local public agency attending a meeting of a standing committee and requested the subject be agendized for the next meeting for an opinion and advice from the City Attorney. City Attorney McHugh reminded Councilmembers the Brown Act had been amended several years ago allowing attendance at meetings and social functions so long as members of the legislative body are present only as observers and do not deliberate. Councilmember Gilbreath asked that the City Attorney review the statute for Councilmember liaisons. Mayor Cunningham asked the City Attorney to prepare an opinion regarding this matter and share it with Mrs. Dotson. Councilmember Freedman t hen moved to acknowledge receipt of the report of the Planning Commission meeting held on April 27, 1999. Motion seconded by Councilmember Banda and carried unanimously.

Environmental Review Committee - On motion of Councilmember Banda, seconded by Councilmember Freedman, the report of the Environmental Review Committee meeting held April 19, 1999, and the tentative agenda for the Environmental Review Committee meeting to be held on May 10, 1999, were acknowledged as received.

Ordinance No. 2400 - Water Charges - Citing a possible conflict of interest, Mayor Cunningham left the City Council Chambers. Ordinance No. 2400, an ordinance of the City of Redlands amending Chapters 3.48 and 13.40 of the Redlands Municipal Code relating to Water Capital Improvement and Water Source Acquisition Charges, was adopted on motion of Councilmember Freedman, seconded by Councilmember George, by the following vote:
AYES: Councilmembers Banda, Gilbreath, Freedman, and George
NOES: None
ABSTAIN: Mayor Cunningham
ABSENT: None

Resolution No. 5637 - California Healthy Cities - On motion of Councilmember Banda, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5637, a resolution of the City Council of the City of Redlands, California, supporting the California Healthy Cities and Communities Project and indicating the intent to continue participation in the project to include the Building A Generation program and the Youth Coalition to address specific youth development and community health needs.

Funds - Grant Agreement - California Healthy Cities - On motion of Councilmember Banda, seconded by Councilmember Freedman, the City Council unanimously authorized execution of a grant agreement between the City of Redlands and the Public Health Institute and California Healthy Cities and Communities to accept the technical assistance grant award of $3,000.00 and approve an additional appropriation in the amount of $3,000.00 to fund the grant expenditures.

Contract Award - Judson and Pioneer Water Transmission Main - Bids were opened and publicly declared on April 15, 1999, by the City Clerk for the construction of the Judson and Pioneer Water Transmission Main, Project No. 4-9916; 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 Genesis Construction in the amount of $273,739.00, 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 and the Mayor and City Clerk were authorized to sign the contract on behalf of the City.

Resolution No. 5638 - TRANS - On motion of Councilmember Banda, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5638, a resolution authorizing and approving the borrowing of funds for fiscal year 1999-2000, the issuance and sale of a 1999-2000 Tax and Revenue Anticipation Note (TRANS) therefore, and participation in the California communities cash flow financing program.

Resolution No. 5640 - Traffic - On motion of Councilmember Banda, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5640, 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: set speed limits on Pennsylvania Avenue between Karon and Judson Streets.

Resolution No. 5641 - Traffic - On motion of Councilmember Banda, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5641, 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: set speed limits on Highland Avenue between Ford Street and Serpentine Drive.

Resolution No. 5642 - Traffic - On motion of Councilmember Banda, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5642, 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: set speed limits on Alabama Street between Barton Road and Lugonia Avenue.

Resolution No. 5643 - Traffic - On motion of Councilmember Banda, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5643, 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: set speed limits on Brockton Avenue between New York Street and Wabash Avenue.

Resolution No. 5644 - Traffic - On motion of Councilmember Banda, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5644, 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 six parking spaces on the north side of Vine Street between Cajon and Fourth Streets for use by "on-duty" emergency vehicles only.

Resolution No. 5646 - Street Fees - On motion of Councilmember Banda, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5646, a resolution of the City Council of the City of Redlands relating to the street cut workmanship and performance warranty fee.

Funds - Emergency Service Academy - On motion of Councilmember Banda, seconded by Councilmember Freedman, the City Council unanimously authorized acceptance of a grant of $10,000.00 from the San Bernardino County Superintendent of Schools to establish a City of Redlands Emergency Service Academy (RESA) and to approve an additional appropriation for this program.

Funds - MOU - San Bernardino County Housing Authority - On motion of Councilmember Banda, seconded by Councilmember Freedman, the City Council unanimously authorized execution of a memorandum of understanding with the Housing Authority of the County of San Bernardino enabling the City of Redlands Police Department to participate in the Public Housing Drug Elimination Funds Grant and to authorize an additional appropriation of $42,000.00 to fund the Police Department's activities.

Legislative Bulletin - Letters were directed sent to State legislators regarding SB 402, AB 24, SB 160, SB 498, AB 83, SB 887, AB 302, and AB 1504.

City Manager's Report - City Manager Luebbers reported we have received $40,000.00 from the COPS More grant; these funds will be used to civilianize the Police ID technician position and relieve a sworn police officer of those duties. We have received notification from the County of Riverside that installation of a stop sign at San Timoteo Canyon and Live Oak Canyon Roads has been authorized in response to our recent request for a traffic study.

Budget Preparation Update - City Manager Luebbers reminded Councilmembers the study sessions will begin next Tuesday, May 11, 1999, at 9:00 A.M. to review the proposed 1999-2000 budget; copies of the proposed budget will be distributed later this week.

Redlands Municipal Airport - Public Works Director Mutter submitted a report regarding the Notice to Quit sent by Redlands Aviation to Aerodrome Flight Training and Aircraft Rental at the Redlands Municipal Airport. Redlands Aviation holds one of three Master Leases at Redlands Municipal Airport; they lease Parcels 1, 2, and 3 at the airport. Included in the lease is one structure: the large hangar near the rotating beacon. All other buildings on the leasehold are owned by Redlands Aviation which includes all other office areas and hangars. The lease is for a term of 20 years with a provision for three 10-year extensions at the option of the lessee. Redlands Aviation exercised the first 10-year extension option in December, 1998. Redlands Aviation is in compliance with the Master Lease in all respects. They make lease payments and pay fuel fees in a timely manner. They provide insurance documentation as required, maintain and clean the lobby as required, and provide UN ICOM service as stipulated in the lease agreement. They have, on occasion, provided service to the City over and above the lease requirements. For several years, they have administered the sale of gate cards at the lobby at no cost to the City. They also regularly run and cleaned the emergency crash truck which the Fire Department has placed at the airport. They have generally maintained their facilities on the leasehold in a clean and neat manner. At the time the runway and taxiway were slurried several years ago, they slurried all pavement areas on their leasehold. It is the position of the Public Works Department that the Notice to Quit is a matter between landlord and tenant and is not within the purview of the department. Mike Marko did not feel the investigation was complete as no one from Aerodrome was contacted. On behalf of Aerodrome, Andy Testman expressed disappointment that he was not contacted, noting he has a "suitcase" full of violations to share with City staff. He reiterated his feeling of being discriminated against and urged the City Council to conduct a thorough investigation to see what is going on at the airport. Mark Lenchnen was concerned if Aerodrome was evicted from the Redlands Municipal Airport that we would lose a wonderful resource in this town and urged the City Council to assist. Responding to Councilmembers' questions, Public Works Director Mutter said representatives from Redlands Aviation declined to attend this meeting as they felt it was a private business matter, and he explained the original lease was negotiated many years ago by City Attorney Edward F. Taylor at what was then a good benefit to the City. Finance Director Johnson said the proposed budget indicates the General Fund will provide a subsidy to the Redlands Municipal Airport in the amount of $30,000.00 next year, bringing the total subsidy for the last seven years to $582,000.00. Councilmember Freedman moved to direct Public Works Director Mutter to ask R edlands Aviation if they would be willing to grant a voluntary 30 day extension on the Notice to Quit and, further, requested all parties involved to submit their allegations and accusations in writing to staff for the City Attorney to review. Motion seconded by Councilmember Banda and carried unanimously. Acknowledging that Public Works Director Mutter is not a licensed investigator, Councilmembers expressed their appreciation for his efforts.

Agricultural Water Rate - Councilmember George has been approached by a constituent who lives on a large parcel of land and has enough room on his property to plant a small orange grove, but irrigating it with water at the domestic rate is not feasible. Councilmember George urged Councilmembers to consider the possibility of allowing "new" groves, not just existing groves that are currently required to maintain a minimum of 40 trees on the property, to qualify for the irrigation rate thus encouraging our citizens to plant additional small groves within our City. Water Resources and Utility Operations Chief Huffstutler reviewed the three irrigation rates available: the grandfathered agreements with Mentone Domestic Water Company, the 40-tree rate, and the institutional rate which applies to schools, Caltrans, the Country Club, and public parks. The institutional rate includes an agreement to curtail water usage in case of a drought. Councilmember George moved to direct staff to investigate a 40-tree rate for new plantings and bring back a proposal for the City Council to consider. Motion seconded by Councilmember Banda and carried unanimously.

Resolution No. 5647 - Great Neighborhoods Program - Councilmember Banda moved to adopt Resolution No. 5647, 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 to implement an additional six participant agreements which will be acted upon by the Board of Directors of the Redevelopment Agency. Motion seconded by Councilmember Gilbreath and carried unanimously. (Also see Redevelopment Agency minutes for May 4, 1999.)

The City Council meeting recessed at 4:03 P.M. to continue the Redevelopment Agency meeting and reconvened at 4:04 P.M. to a closed session to discuss the following:

1. Conference with legal counsel: Existing litigation - Government Code Section 54956.9(a)
   - Federal Energy Regulations Commission/SCE Administrative Licensing Proceedings
   - Sharon Scott v. City of Redlands and Redlands Unified School District - SCV 37417
   - Biggs v. City of Redlands - SACV 94-204 (City Attorney McHugh declared a conflict of interest on this lawsuit and stated he would not participate in the conference.)
   - Derek Macias v. City of Redlands SCV 53457
   - Ernest Juarez v. City of Redlands - SCV 53458
2. Conference with legal counsel: Anticipated litigation - Government Code Section 54956.9(c): one case

The meeting reconvened at 7:00 P.M.

Larry Jacinto - Mayor Cunningham presented a plaque with the City seal to Larry Jacinto as an expression of appreciation for the Jacinto family's generous contribution to the preservation of our local citrus heritage and the gift of 922 orange trees planted along Reservoir Road in memory of his father Frank Jacinto. Mr. Jacinto accepted the plaque saying Redlands has always been good to him and his family, and thanked the City for letting them name the park as a tribute to his father.

Resolution No. 5633 - Parking and Business Improvement Area - Public hearing was advertised for this time and place to consider Resolution No. 5633, 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 assessment for fiscal year 1999-2000. Police Chief Bueermann presented the 1999-2000 annual report outlining assessments, district boundaries, proposed improvements and activities and budgets for the Parking and Business Improvement Area B. The report has been approved by the Advisory Board 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 April 20, 1999. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. None being forthcoming, the public hearing was declared closed. Councilm ember George moved to adopt Resolution No. 5633. Motion seconded by Councilmember Banda and carried unanimously.

Ordinance No. 2399 - SMARA - Public hearing was advertised for this time and place to consider Ordinance No. 2399, an ordinance of the City of Redlands adding Chapter 18.266 to the Redlands Municipal Code to establish regulations for surface mining and reclamation activities and repealing Article XI of the Redlands Municipal Code. Community Development Director Shaw explained that Zoning Ordinance Text Amendment No. 263 is a recommendation to replace the City's existing Surface Mining and Land Reclamation Ordinance (Section 18.156.490 of the Redlands Municipal Code) with a new ordinance that is in conformance with the current regulations contained in the State's Surfacing Mining and Reclamation Act (SMARA). The proposed ordinance does not affect the zoning for the location of this type of use but rather is intended to apply minimum requirements to regulate surface mining operations in accordance with SMARA. 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 Ordinance No. 2399 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. 2399 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. 2399 was introduced with unanimous Council approval and laid over under the rules with adoption scheduled for May 18, 1999.

Tentative Tract No. 12382 - CUP No. 685 - Walter Danielson - Public hearings were advertised for this time and place to consider the socio-economic cost benefit studies and notices of mitigated negative declaration for Tentative Tract No. 12382 and Conditional Use Permit No. 685 for a Planned Residential Development for the subdivision of 41.5 acres into 31 residential lots in the RA-A (Residential Estate-Animal) District and the A-1 (Agricultural) District, generally located east of Wabash Avenue and south of Sunset Drive; Walter Danielson, applicant. Community Development Director Shaw reviewed the background and Planning Commission's recommendation to approve these applications. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. Theodora Banta, Chairman of the Trails Committee, informed the City Council that the Trails Committee had not had the opportunity to review this project and requested a continuance for that review. Repres enting the Walter Danielson family, Pat Meyer stated they had no objection to a continuance for two weeks. Councilmember Freedman moved to continue these public hearings to May 18, 1999. Motion seconded by Councilmember Banda and carried unanimously.

Tentative Tract No. 15878 - Bob Leonard - Public hearings were advertised for this time and place to consider the socio-economic cost benefit study and notice of preparation of mitigated negative declaration for Tentative Tract No. 15878, a subdivision of 4.61 acres into 11 residential lots generally located between Campbell Avenue and Franklin Avenue, east of Summit "B" Avenue in the R-E (Residential Estate) District; Bob Leonard, applicant. Community Development Director Shaw reviewed the background and Planning Commission's recommendation