1. Conference with legal counsel: Existing litigation - Government Code Section 54956.9(a):
   -City of Redlands v. State of California, Case No. 00-CS-01094
   -City of Redlands v. County of San Bernardino and Majestic Realty Company, Case Nos. SCV 33330, 293198, 21447, and SCV 39504 -City of Redlands v Majestic Realty Company, Case No. SCV 38504
2. Conference with legal counsel: Anticipated litigation - Government Code Section 54956.9(c): One case

ADJOURNMENT

There being no further business, the City Council meeting adjourned at 12:07 P.M. to an adjourned regular meeting to be held on Thursday, December 14, 2000, at 6:00 P.M. in the City Council Chambers, 35 Cajon Street, Redlands, California.

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

CONSENT CALENDAR

Minutes - On motion of Councilmember Haws, seconded by Councilmember Freedman, the minutes of the special meeting of November 21, 2000, and the regular meeting of November 21, 2000, were approved as submitted.

Bills and Salaries - On motion of Councilmember Haws, seconded by Councilmember Freedman, payment of bills and salaries was acknowledged.

Ordinance No. 2460 - Zone Change No. 376 - Ordinance No. 2460, 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. 376, pre-zoning of the Greenspot Annexation area to A-1 (Agricultural) District and O (Open Space) District for 460 acres located north and east of the existing City limits, west of Emerald Avenue and south of Villers Street, was unanimously adopted on motion of Councilmember Haws, seconded by Councilmember Freedman.

Resolution No. 5822 - DBE Program - On motion of Councilmember Haws, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5822, a resolution of the City of Redlands establishing a Disadvantaged Business Enterprise (DBE) Program, appointing a DBE liaison officers, and establishing DBE goals for the period October 1, 2000, through September 30, 2001. State and federal agencies require this program prior to performing street construction of transportation related projects using federal and/or state highway monies.

Agreement - WIC Program - On motion of Councilmember Peppler, seconded by Councilmember Freedman, the City Council unanimously approved an amended Community Center facility use agreement with San Bernardino County Women-Infant-Children (WIC) program and authorized the Mayor and City Clerk to execute the agreement on behalf of the City, with the understanding Police Chief Bueermann will explore a possible relocation of this program to the Healthy Families Center.

Agreement - Boys and Girls Club of Redlands - Councilmember George asked for an update on the status of a permanent home for the Boys and Girls Club of Redlands. Public Works Director Mutter reported staff is working with them, but that their directors need to make some decisions before proceeding Councilmember George moved to approve a Community Center facility use agreement with the Boys and Girls Club of Redlands and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. Motion seconded by Councilmember Haws and carried unanimously.

Agreement - Junior All American Football - On motion of Councilmember Haws, seconded by Councilmember Freedman, the City Council unanimously approved a rental agreement with Junior All American Football for use of Community Park fields and authorized the Mayor and City Clerk to execute the agreement on behalf of the City.

Settlement Agreement - Osborn - On motion of Councilmember Haws, seconded by Councilmember Freedman, the City Council unanimously approved a settlement and release agreement with Mark and Karen Osborn, San Bernardino Superior Court Case No. SCVSS 61552, and authorized the Mayor and City Clerk to execute the agreement on behalf of the City.

Funds - AB 2766 Subvention Funds - Website - Councilmember George explained the City has been awarded grant funding for the acquisition and implementation of an alternative fuel trolley system for downtown Redlands. However, the grant funding does not provide for the ongoing operation of the project. Fortunately, the project does meet the criteria to be funded with AB 2766 subvention allocations. These annual allocations, which must be used to reduce pollution, are currently used by the City to fund the rideshare program as well as the City's website maintenance contract. Following discussion, Councilmember George, moved to continue the request to reallocate AB 2766 subvention funds toward the operation of the Downtown Trolley Project and an additional appropriation for the continuation of the City's website to the December 12, 2000, study session and the December 19, 2000, meeting for action. Motion seconded by Councilmember Haws and carried unanimously.

Settlement Agreement - Alderete - On motion of Councilmember Haws, seconded by Councilmember Freedman, the City Council unanimously approved a settlement and release agreement with Lydia M. Alderete, San Bernardino Superior Court Case No. SCVSS 68410, and authorized the Mayor and City Clerk to execute the agreement on behalf of the City.

Release of All Claims - Trujillo - On motion of Councilmember Haws, seconded by Councilmember Freedman, the City Council unanimously acknowledged receipt of an agreement for full and final release of all claims with Daniel William Trujillo, San Bernardino County Superior Court Case No. SCV 50840. The settlement amount is within the settlement authority of the Finance Department; no action is necessary by the City Council.

Funds - Office Equipment/Furniture - The request for an additional appropriation to purchase three workstations for the Planning Division and for a copier for the Building and Safety Division was withdrawn from the agenda.

PLANNING AND COMMUNITY DEVELOPMENT

Minor Subdivision No. 236 - Time Extension - An application for the extension of time to allow for the subdivision of approximately 65.5 acres of land into four parcels and a remainder parcel in the A-1 (Agriculture) District located west of Lisa Marie Lane, south of San Timoteo Canyon Road (Terrance Emershy, applicant) has been processed by the Planning Division. Responding to Councilmember Freedman's question, Community Development Director Shaw said this matter will be scheduled on the December 19, 2000, agenda for a discussion of alternative development standards which may require a request for an amended application, but that this time extension is needed to keep the map alive as previously approved. Councilmember Freedman moved to determine that no subsequent environmental documents are necessary for the City Council's one year extension for Minor Subdivision No. 236 which is consistent with the previous Mitigated Negated Declaration prepared for the minor subdivision and Agriculture Preserve Removal which were approved by the City Council on July 2, 1996, as part of Agriculture Preserve Removal No. 90 subject to the findings contained in the staff report, and to approve a one year time extension for Minor Subdivision No. 236 extending approval until December 3, 2001. Motion seconded by Councilmember Haws and carried unanimously.

COMMUNICATIONS

Tax Exempt Financing Assistance - Spring Pacific Properties - City staff has received a request from a developer of property located in the northwest area of the City to consider the formation of an assessment district or a Mello-Roos Community Facilities District for the purpose of assisting the developer to obtain tax exempt financing for the construction of street, storm drain and other infrastructure necessary for the development of his project. The developer is Spring Pacific Properties and the property is within the geographic area being considered by Hershey's and Stater Brothers' Markets for distribution facilities. Finance Director Johnson introduced Jim Cervantes, with our financial consultant, Stone & Youngberg, and William Bothwell, our bond counsel, Herrington & Sutcliffe, to explain the legal and practical considerations of providing tax exempt financing to this developer. A brief presentation was made and questions answered. Councilmember Haws moved to direct staff to investigate this request further and to bring forth policies and guidelines for the City Council's review at the study session scheduled for December 12, 2000, and the next regular meeting on December 19, 2000. Motion seconded by Councilmember Freedman and carried unanimously.

Rideshare Policy - Interim City Manager Burgess reported that on October 16, 1990, in response to the South Coast Air Quality Management District's mandate that employers develop "a trip reduction plan" for their employees, the City Council established a rideshare program with incentives for employees to rideshare. An updated version of the policy has been prepared and shared with the presidents of each employee bargaining unit and is now presented for the City Council's consideration. Implementation of this policy will not have any fiscal impact since this policy does not propose changing any of the monetary incentives for ridesharing. Councilmember Peppler moved to approve the City of Redlands rideshare policy as updated. Motion seconded by Councilmember Freedman and carried unanimously.

Donation - Water Conservation and Awareness Education - Municipal Utilities Director Phelps reported Mariposa Elementary School has requested a cash donation in the amount of $500.00 to be used to purchase irrigation drip system supplies that will help establish habitat gardens that utilize efficient irrigation methods on two acres of land at their school. To assist in fulfilling the public information and education goals of the Urban Water Management Plan, the Water Division supports and encourages voluntary education programs organized by the public and particularly activities by our schools. These creative programs augment and enhance existing City programs which all work together to assist the City in managing its water supply through conservation efforts. It was noted Emily Bueermann was in the audience for any questions regarding this request. Councilmember George moved to approve this request from Mariposa Elementary School as recommended by staff. Motion seconded by Councilmember Haws and carried unanimously.

Sports Complex - Mayor Gilbreath announced the City Council will meet with the Parks Commission, Recreation Commission, Planning Commission, Airport Advisory Board, and various organizations on Thursday, December 14, 2000, at 6:00 P.M. in these Chambers to discuss the scope of project for the proposed sports complex at San Bernardino and Wabash Avenues.

Workshop - Goals - Councilmember Peppler explained her perception of the format for a workshop session to review the overall planning of development and redevelopment for the City. It was noted this workshop will also include financing information and further discussion regarding the proposed Sports Complex. Councilmembers concurred to meet on December 12, 2000, from 8:00 A.M. to noon in the City Council Chambers.

Nuisance Abatement - San Timoteo Canyon - Councilmember Freedman expressed his concern about illegal dumping of trash on private property, especially as is now occurring in San Timoteo Canyon. He asked the City Council to take an aggressive approach towards cleaning up these nuisance properties utilizing a program similar to our Weed Abatement Program. City Attorney McHugh explained the process for nuisance abatements under the Redlands Municipal Code.

JOINT MEETING - CITY COUNCIL AND REDEVELOPMENT AGENCY

Resolution No. 5823 - Neighborhood Initiative Program - Councilmember Peppler moved to adopt Resolution No. 5823, 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 Neighborhood Initiative 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 December 5, 2000.)

CLOSED SESSION

The City Council meeting recessed at 3:59 P.M. to a Redevelopment Agency meeting and reconvened at 4:01 P.M. to a closed session to discuss the following:

1. Conference with labor negotiator - Government Code Section 54957.6
   -City Clerk
   -Agency negotiator: Ren? Mayne, Labor Management Success
   Employee organizations: Redlands Association of Mid-Management Employees, Redlands Police Officers Association, Redlands Association of Safety Management Employees, Redlands Professional Fire Fighters Association
2. Conference with real property negotiator Government Code Section 54956.8

   Property:	APNs 168-291-09 and 170-301-03
   Negotiating parties:	Public Works Director Mutter and Los Angeles County Metropolitan Transportation Authority
   Under negotiation:	Terms and price

3. Conference with real property negotiator Government Code Section 54956.8

   Property:	APNs 171-341-10, 11, 12
   Negotiating parties:	Deb Craney and Dave Higginson
   Under negotiation:	Terms and price

4. Conference with legal counsel: Existing litigation - Government Code
   Section 54956.9(a) - Raul Aspe v. City of Redlands - SCISS 61642
5. Conference with real property negotiator Government Code Section 54956.8

   Property:	APN 175-122-01
   Negotiating parties:	Gary George and Josephine Hogue
   Under negotiation:	Terms and price

6. Conference with real property negotiator Government Code Section 54956.8

   Property:	APNs 175-122-06, 175-131-14, 175-221-07, 175-231-01, 175-241-01, 175-251-04, 294-091-33
   Negotiating parties:	Gary George and Louis and Linda Cardinal
   Under negotiation:	Terms and price

7. Conference with real property negotiator Government Code Section 54956.8

   Property:	APNs 175-122-07, 175-131-11
   Negotiating parties:	Gary George and Paul and Mary Muro
   Under negotiation:	Terms and price

8. Conference with real property negotiator Government Code Section 54956.8

   Property:	APNs 175-131-19, 20, 21, 175-241-03
   Negotiating parties:	Gary George and Peter and Helen Tsamous
   Under negotiation:	Terms and price

9. Conference with real property negotiator Government Code Section 54956.8

   Property:	APN 175-131-22
   Negotiating parties:	Gary George and Hany Talya
   Under negotiation:	Terms and price

10. Conference with real property negotiator Government Code Section 54956.8

    Property:	APN 175-221-02
    Negotiating parties:	Gary George and Larry and Janette Curti
    Under negotiation:	Terms and price

11. Conference with real property negotiator Government Code Section 54956.8

    Property:	APN 175-241-02
    Negotiating parties:	Gary George and Kenneth and Nancy Nielsen
    Under negotiation:	Terms and price

12. Conference with real property negotiator Government Code Section 54956.8

    Property:	APN 175-481-01
    Negotiating parties:	Gary George and Larry and Lewis Curti
    Under negotiation:	Terms and price

13. Conference with real property negotiator Government Code Section 54956.8

    Property:	APN 175-481-06
    Negotiating parties:	Gary George and Laura Ramirez
    Under negotiation:	Terms and price

14. Conference with real property negotiator Government Code Section 54956.8

    Property:	APNs 175-481-11, 12, 13
    Negotiating parties:	Gary George and Smiley Ridge Homeowners Association, Inc.
    Under negotiation:	Terms and price

15. Conference with real property negotiator Government Code Section 54956.8

    Property:	APNs 175-251-01, 06
    Negotiating parties:	Gary George and Delroy McFarlane
    Under negotiation:	Terms and price

16. Conference with real property negotiator Government Code Section 54956.8

    Property:	APN 175-251-07
    Negotiating parties:	Gary George and Jeffrey and Megan Capen
    Under negotiation:	Terms and price

17. Conference with real property negotiator Government Code Section 54956.8

    Property:	APNs 294-091-32, 294-091-39
    Negotiating parties:	Gary George and Tandy Hill
    Under negotiation:	Terms and price

18. Conference with real property negotiator Government Code Section 54956.8

    Property:	APN 294-091-47
    Negotiating parties:	Gary George and Susan Wells
    Under negotiation:	Terms and price

19. Conference with real property negotiator Government Code Section 54956.8

    Property:	APN 294-091-48
    Negotiating parties:	Gary George and Roland and Terri Neufeld
    Under negotiation:	Terms and price

20. Conference with real property negotiator Government Code Section 54956.8

    Property:	APNs 175-011-04, 21
    Negotiating parties:	Gary George and Peter Miko and Cherril Doty
    Under negotiation:	Terms and price

The meeting reconvened at 7:00 P.M.

CLOSED SESSION REPORT

San Timoteo Canyon - EPA Grant - City Attorney McHugh reported the City Council, during its closed session, authorized the City Manager and City Attorney to explore the possibility of acquiring some of the property listed above in relation to the San Timoteo Canyon/EPA Grant project. It was noted that this project does not apply to all of the properties listed above.

PUBLIC COMMENT

Leaf Blower Complaint - Roger Halsell, who lives on Clifton Court near Kingsbury Elementary School, complained about the daily use of leaf blowers beginning at the hour of 6:07 A.M. He has complained to school personnel, but there has not been any cooperation as the City does not have a noise ordinance. He asked the City Council to look at this issue and suggested regulations be established to control the hours of use for these extremely noisy pieces of equipment.

JOINT MEETING - REDEVELOPMENT AGENCY AND CITY COUNCIL

Third Amendment - Redevelopment Plan - Mayor Gilbreath declared the joint public hearing of the Redlands City Council and the Redevelopment Agency of the City of Redlands on the proposed Third Amendment to the Redevelopment Plan for the Redlands Redevelopment Project open. She announced the purpose of this joint public hearing is to consider the proposed Third Amendment to the Redevelopment Plan, as amended, for the Redlands Redevelopment Project and the Environmental Impact Report (EIR) prepared in connection therewith. Staff will present evidence and testimony regarding the amendment and the EIR, and public testimony in connection with the amendment and EIR will be heard. Mayor Gilbreath further announced that under law it was her responsibility to preside over this joint public hearing. The State law under which this meeting is held is Part 1 of Division 24 of the Health and Safety Code, commencing with Section 33000 (commonly referred to as the "Community Redevelopment Law") and the California Environmental Quality Act, commencing with Section 21000 of the Public Resources Code (commonly referred to as "CEQA"). At this time, she called upon staff for a report. Community Development Director Shaw reviewed the proposed Third Amendment to the Redevelopment Plan, as amended. This amendment reestablishes the time limit for the commencement of eminent domain proceedings to acquire property within the Project Area. The amendment provides that all property in the Project Area is subject to acquisition by eminent domain, except the Redevelopment Agency shall not acquire by eminent domain property on which persons reside. The amendment also provides that the land uses permitted by the Redevelopment Plan will be those permitted by the City's General Plan, zoning ordinances, the East Valley Corridor Specific Plan, and the Downtown Specific Plan. The Final Environmental Impact Report was prepared by Cotton Beland Associates, Inc. to evaluate the potential adverse environmental impacts of the Project. It identifies air quality, traffic, noise, agricultural resources, and historic resources as significant impacts that cannot be avoided. Table ES-1 within the Executive Summary provides a summary of the environmental impacts and mitigation measures. The 45 day public review period for the draft EIR was completed on October 12, 2000. On November 6, 2000, the City received an additional response from the Department of Toxic Substances Control; that letter is contained in the staff report prepared for this meeting. Mr. Shaw then reviewed the actions needed at this meeting. Mayor Gilbreath opened the meeting as a public hearing for any questions or comments.

Written communications were received prior to this meeting from the following: Tim and Dodie Farmer, Redlands Foothill Groves, Leah R. Reading, Climet Instruments, Ken Aday, Liz Beguelin, Christofer Chapman of the Redlands Junior Academy and Redlands Seventh Day Adventist Church, Southeastern California Conference, and attorney John Mirau on behalf of Redlands Joint Venture and the United Donut Hole Owners Property Association. Expressing concerns about the Church Street Widening Project, which is a totally separate project, were: David and Conseluo Buckley; these residents were referred to staff. Comments pertaining to the proposed Third Amendment were received as follows: Gene O'Neal representing Leah Reading who is opposed and wanted more information; Liz Beguelin addressed the historic resources located within the Redevelopment Project Area; Bob Roberts who represented himself and several other property owners requested this hearing be continued until a detailed implementation plan was available; Renee Chavez whose parents own property on Stuart Avenue did not feel this was an efficient use of eminent domain; Kathi Berman, Sunny Cal Milling, Inc., expressed concern about the relocation of the feed mill; and Mary Weller said she had seen a sharp decline in her property value since this matter came up. There being no further comments, the public hearing was closed. Mayor Gilbreath explained that the City Council's only objective was to get eminent domain powers back and that it was not their intent to incur any debt. She responded to several questions from the audience assuring residents that it was not the intention of the Redevelopment Agency to acquire by eminent domain property on which persons reside.

Redevelopment Advisory Board - Mayor Gilbreath moved to reactivate the Redevelopment Advisory Board. Motion seconded by Councilmember Peppler and carried unanimously. Applications will be accepted and appointments to this board will be made by the City Council.

Resolution No. 5824 - Final EIR - Redevelopment Plan Amendment - Councilmember Haws moved to adopt Resolution No. 5824, a resolution of the City Council of the City of Redlands certifying the Final Environmental Impact Report for the Third Amendment to the Redevelopment Plan, as amended, for the Redevelopment Project; making findings pursuant to the California Environmental Quality Act; adopting a Statement of Overriding Consideration; adopting a Mitigation Monitoring Plan; and approving the Third Amendment to the Plan. Motion seconded by Councilmember Freedman and carried unanimously. (Also see Redevelopment Agency minutes for December 5, 2000.)

Ordinance No. 2464 - Redevelopment Plan Amendment - Ordinance No. 2464, an ordinance of the City of Redlands approving and adopting the Third Amendment to the Redevelopment Plan, as amended, for the Redlands Redevelopment Project of the redevelopment agency of the City of Redlands, was read by title only by City Clerk Poyzer, and on motion of Councilmember Haws, seconded by Councilmember Freedman, further reading of the ordinance text was waived, and Ordinance No. 2462 was introduced with unanimous Council approval and laid over under the rules with adoption scheduled for December 19, 2000. (Also see Redevelopment Agency minutes for December 5, 2000.)

PUBLIC HEARINGS

Resolution No. 5818 - Historic Landmark No. 103 - Public hearing was advertised for this time and place to consider the recommendation of the Historic and Scenic Preservation Commission to designate the William P. Greiner Shrine Children's Home located at 703 San Mateo Street as Historic Landmark No. 103 (David Van Diest and Rosa Gomez, applicants). Community Development Director Shaw reviewed the recommendation of the Historic and Scenic Preservation Commission. A full analysis of the architecture and history was contained in the staff report. This application is in conjunction with an application for General Plan Amendment No. 65 and Specific Plan No. 52 for a 16 unit apartment complex on 1.16 acres of property located on the southeast corner of Clifton Avenue and San Mateo Street. There are two processing alternatives for the City to follow in bringing the related development project forward for formal consideration by the City Council. Mr. Shaw explained the alternatives. Mayor Gilbreath declared the meeting open as a public hearing for any questions or comments concerning this matter. Urging the City Council to approve this project were: Rosemary Herendeen, Alexander Justice, Tamara Madai, Ediberto Flores, II. The applicants were also present to answer questions. There being no further comments, the public hearing was declared closed. Councilmembers Haws and Freedman expressed their concerns about the density and its impact on the neighborhood. Councilmember George said the only thing before the City Council at this meeting is the historic designation; he assured the applicants he would support their project but that the must follow the City's procedures. Councilmember Peppler said her biggest concern was the time and cost and wanted to help the Van Diests in some way such as waiving some of the costs but she did not receive support on this suggestion. Councilmember Haws moved to adopt Resolution No. 5818, a resolution of the City Council approving this recommendation based on the findings made by the Historic and Scenic Preservation Commission in accordance with Section 2.62 of the Redlands Municipal Code. Motion seconded by Councilmember George and carried unanimously. Councilmember George moved to direct staff to work with the applicant to process the project and bring it back for formal consideration by the City consistent with Alternative Two: "The City Council will designate the property as a Historic Landmark. Staff will be directed to update the environmental review document and bring the General Plan Amendment and Specific Plan forward to the City Council at the earliest available hearing date subject to a new fully advertised public hearing. Following a determination on the General Plan Amendment and Specific Plan, the application will file the required application for a Planning Commission Review and approval and Certificate of Appropriateness for subsequent processing as required by City Code." Motion seconded by Councilmember Freedman and carried unanimously.

Resolution No. 5820 - 2000 Urban Water Management Plan - Public hearing was advertised for this time and place to consider adoption of the Urban Water Management Plan in accordance with the California Water Code. Municipal Utilities Director Phelps briefly reviewed this plan. Because of the lengthy agenda, a formal presentation was postponed to December 19, 2000, during the afternoon session. Mayor Gilbreath declared the meeting open as a public hearing for any questions or comments. None being forthcoming, the public hearing was declared closed. Councilmember Gilbreath moved to adopt Resolution No. 5820, a resolution of the City Council of the City of Redlands adopting the 2000 Urban Water Management Plan. Motion seconded by Councilmember George and carried unanimously.

Standard Pacific Homes - Public hearing was continued to this time and place to consider a Draft Mitigated Negative Declaration for Ordinance No. 2459, Ordinance Text Amendment No. 273, an amendment to Section 18.144 of the Redlands Municipal Code to allow a reduction in the required side yard setbacks for detached single-family dwellings within a Planned Residential Development; and Draft Mitigated Negative Declaration and Socio-Economic Cost/Benefit Study for Tentative Tract No. 16101 and Conditional Use Permit No. 713 for the subdivision and construction of a 150-single-family lot planned residential development on approximately 55.91 acres generally located between Capri Avenue and Lugonia Avenue, west of Wabash Avenue in the R-E (Residential Estate) District (Standard Pacific Homes, applicant). Community Development Director Shaw described this project and explained that the application was continued to afford the City Council time in which to receive input and recommendations from the City's Citrus Commission for the formulation of a citrus policy to define the City's position on preservation and maintenance of City-owned citrus groves. This became an issue for discussion when it was found that there was a conflict between the recommendations of the Planning Commission and Citrus Commission relative to the open space/citrus grove that was to be deeded to the City. Councilmember Haws addressed the citrus policy issue. Councilmember Freedman asked for a status report on the detention basin and soccer field which were to be provided for by the developer in lieu of payment of park fees. Mayor Gilbreath declared the meeting open as a public hearing for any questions or comments. On behalf of the applicant, Pat Meyer stated they were willing to commit to the maintenance of both citrus groves (Phases 1 and 2) for three years and that the new grove would be planted in the spring of 2002. Bill Cunningham asked about the waiver of park and open space fees expressing concern the City Council was approving a project without this information. Bruce Laycook also asked about the funding towards the sports park. There being no further comments, the public hearing was declared closed. Councilmember Freedman moved to direct staff to work with the developer to prepare documentation for off-setting fees and bring an agreement to the City Council on January 16, 2001, for its consideration. Motion seconded by Councilmember George and carried unanimously. Councilmember Haws moved to approve the Mitigated Negative Declaration for Ordinance No. 2459 (Zoning Ordinance Text Amendment No. 273), Tentative Tract No. 16101, and Conditional Use Permit No. 713 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 Peppler and carried unanimously. Councilmember Haws moved to approve the Socio-Economic Cost/Benefit Study for Ordinance No. 2459 (Zoning Ordinance Text Amendment No. 273), Tentative Tract No. 16101, and Conditional Use Permit No. 713 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. Motion seconded by Councilmember Peppler and carried unanimously. Ordinance No. 2459, an ordinance of the City of Redlands amending chapter 18.144 of the Redlands Municipal Code by adopting Zoning Ordinance Text Amendment No. 273 relating to side yard setbacks within a planned residential development, was read by title only by City Clerk Poyzer, and on motion of Councilmember Haws, seconded by Councilmember Freedman, further reading of the ordinance text was waived, and Ordinance No. 2459 was introduced with unanimous Council approval and laid over under the rules with adoption scheduled for December 19, 2000. Councilmember Haws moved to approve Tentative Tract No. 16101 with 150 single family lots subject to the findings and conditions of approval contained in the staff report. Motion seconded by Councilmember Peppler and carried unanimously. Councilmember Haws moved to approve Conditional Use Permit No. 713 subject to the findings, conditions of approval, and revised departmental recommendations as contained in the staff report. Motion seconded by Councilmember Peppler and carried unanimously.

Cypress Villas, LLC - Public hearing was continued to this time and place to consider a Draft Mitigated Negative Declaration and Socio-Economic Cost/Benefit Study for Conditional Use Permit No. 707 for the development of a 102-unit three-story apartment complex on approximately 4.74 acres, located on the north side of Cypress Avenue, 180 feet west of Redlands Boulevard in the R-2-2000 (Multiple Family Residential) District; and Minor Planning Commission Approval No. 23 for approval to allow a reduction in the front setback for a three-story building from 35 feet to 28 feet for the development of a 102-unit apartment complex on approximately 4.74 acres, located on the north side of Cypress Avenue, approximately 180 feet west of Redlands Boulevard in the R-2-2000 (Multiple Family Residential) District; and Resolution No. 5790, Street Vacation No. 117, the intent to vacate approximately 185 linear feet of an alley located north of Cypress Avenue and east of Hibiscus Drive in the R-2-2000 (Multiple Family Residential) District (Cypress Villas, LLC, applicant). Community Development Director Shaw reviewed the history of this project and the findings necessary regarding density and height in accordance with Measure U. Alternative findings for denial of this project were provided as requested by the City Council at its meeting of November 21, 2000. A request for continuance of this public hearing was received from the applicant the day prior to this meeting. Mayor Gilbreath declared the meeting open as a public hearing for any questions or comments. William Spencer, architect for the project, explained they had requested the continuance to this meeting in order to meet one-on-one with Councilmembers. At this time, they have decided to take serious steps to redesign the project so that it has less density, garages rather than carports, and only two stories. Community Development Director Shaw stated that if there are substantial changes, the application should be referred back to the Planning Commission for review. Following discussion, Mr. Spencer said he wished to withdraw the proposed project and that they would re-submit their applications. No action was taken by the City Council.

The City Council meeting recessed at 9:10 P.M. and reconvened at 9:20 P.M.

NEW BUSINESS

Ordinance No. 2463 - Tobacco Smoking Ban - Ann Davis-Schultz, along with a number of students from Redlands High School and Redlands East Valley High School, spoke to the Parks Commission regarding issues of smoking at the Redlands Bowl. The Parks Commission, with one commissioner opposing, recommended a ban on smoking at the Redlands Bowl during scheduled performances be submitted to the City Council for consideration. Staff has prepared a revision to the Redlands Municipal Code address this recommendation; a second version was presented which also included the Sewall Theater in Prospect Park. Speaking in support of adoption of Ordinance No. 2463 were: Ann Davis-Schultz, Samone Carrekek, Ed Flores, Jessica Kanady, Glen Johnson, Aaron Laycook, Lynn Grosz, Sheryl Jeske, Candice Palmer, Jennifer Monaco, Karen Cohoe, Jordan Hail, Joe Gonzalez, Chioke Changamire, Carlene Henriques, Joey Van Campen, Marlen Resiwain, Sandy Golden, Michele Bran, Lesley Lopez, Andrew Buoye, and Bruce Laycook. Ordinance No. 2463, an ordinance of the City of Redlands adding Chapter 12.34 to the Redlands Municipal Code prohibiting smoking at the Redlands Bowl in Smiley Park, between Grant and Eureka Streets, and the Avice Meeker Sewall Theater, 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. 2463 was introduced with unanimous Council approval and laid over under the rules with adoption scheduled for December 19, 2000.

PUBLIC HEARINGS (continued)

At 10:08 P.M. the City Council returned to the public hearing portion of the agenda.

Home Depot USA, Inc. - Public hearing was continued to this time and place to consider Planning Commission Review and Approval No. 725 (Revision No. 1), a revision to an approved 131,848 square foot home improvement center to increase the size of the building by 7,138 square feet and the outdoor garden center by 382 square feet for an overall size of 139,368 square feet on approximately 17.65 acres, located at the southeast corner of Tennessee Street and Lugonia Avenue in the General Commercial District of the East Valley Corridor Specific Plan (Home Depot USA, Inc., applicant). Community Development Director Shaw reported the City Council held a duly noticed public hearing on the proposed larger Home Depot building on November 21, 2000, and subsequently continued the item in order for staff to review and address a letter raising environmental concerns about the project submitted at that meeting by John Mirau, an attorney representing Majestic Realty Company and the united Donut Hole Owners Property Association. Mr. Mirau submitted another letter this evening indicating responses prepared for the staff report were inadequate. Community Development Director Shaw, Municipal Utilities Director Phelps, Chief of Water Resources Douglas Headrick, Randy Nichols, Helix responded to the concerns in Mr. Mirau's letter dated December 5, 2000. Mayor Gilbreath declared the meeting open as a public hearing for any questions or comments. Mr. Mirau reiterated the points in his letter stating the responses are not accurate and that this needs further review. City Attorney McHugh noted Mr. Mirau appears to be challenging Planning Commission Review and Approval No. 711 which has already been approved and is not before the City Council at this meeting. There being no further comments, the public hearing was declared closed. Councilmember Freedman moved to determine that Planning Commission Review and Approval No. 725 does not require further environmental processing, pursuant to Section 15162 of the California Environmental Quality Act Guidelines, and based on the information presented in this staff report, the testimony presented at the public hearing and based upon the findings contained in the staff report. Motion seconded by Councilmember George and carried unanimously. Councilmember Freedman moved to approve the Socio-Economic Cost/Benefit Study for Planning Commission Review and Approval No. 725 as it has been determined that 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 upon the written testimony provided by staff and the verbal testimony presented at this public hearing. Motion seconded by Councilmember George and carried unanimously. Councilmember Freedman moved to approve Planning Commission Review and Approval No. 725 based upon the findings contained in the staff report which are based upon the facts contained in the staff report and the analysis presented by staff that bridges those facts and conclusions of these findings and subject to the conditions of approval and all departmental recommendations contained in said staff report. Motion seconded by Councilmember George and carried unanimously.

UNFINISHED BUSINESS

Minor Exception Permit No. 148 - Block Wall - 1133 Chestnut Avenue - Community Development Director Shaw reported Minor Except Permit No. 148, a request (after the fact) to allow the placement of a solid block wall and related gates higher than permitted by Code within the required 25 foot front yard setback area for property located at 1133 Chestnut Avenue (Toni Duhamell, applicant) was initially before the City Council on July 18, 2000, as the result of the applicant filing an appeal to the Fence Committee's action on her request. Since July 18, 2000, the applicant, via her representative James Lefebvre, has received two continuations on said appeal. The latest being on November 7, 2000, which was continued to this meeting. This action was to again afford the applicant time in which to submit additional information or an alternative design that might resolve the City's concerns. However, as of this date, neither the applicant nor her representative has submitted any new information or alternative design. It should be noted that there was also no response to staff's request, by Certified Mail, to submit said information by November 27, 2000, so it could be included in the City Council's packets. Representing the applicant, Mr. Lefebvre told Councilmembers he felt they had not been given an opportunity to work with the Fence Committee. He distributed information regarding 33 other examples of fences he felt were in violation of City Code and asked why they are not being addressed. Mr. Lefebvre ask the City Council to allow time for a contractor to go to the site with the Fence Committee to see if it can be brought into compliance. City Attorney McHugh noted it was the applicant's responsibility to prove certain facts to support their request and rather than present information regarding their property, they seem to be asking for special treatment. Mr. Lefebvre continued to argue with staff and Councilmembers about the other fences that should be forced into compliance. Councilmember Peppler moved to adopt the following findings in support of the Fence Committee's action on May 11, 2000, and deny the appeal:

1. The wall, which ranges between 6 feet to 8 feet, 6 inches in height, will have a negative impact on the character of the neighborhood and is not consistent with the parklike character and appearance of the City;
2. The proposed solid block wall was erected around the required 25 feet front yard setback area without the proper City building permits and therefore, may pose a threat to public safety as the integrity of its construction is unknown as it was not properly inspected;
3. The place and height of the wall poses a safety hazard to pedestrian and vehicular traffic as the wall blocks the view of vehicles exiting the driveway onto Chestnut Avenue;
4. There are not extraordinary conditions, circumstances, unnecessary hardships or practical difficulties on the property to warrant approval of this fence request; and
5. There are no similar fences/block walls in the immediate vicinity.

Motion seconded by Councilmember Freedman and carried unanimously.

Resolution No. 5828 - Traffic - Cypress Avenue - Public Works Director Mutter reported this items was continued from the meeting of November 21, 2000, to allow staff to consider alternatives to the Traffic and Parking Commission and staff recommendations to deny the installation of four-way stop sign at Cypress Avenue and Lakeside Avenue. It is staff's opinion that the original recommendation to deny the request to install the four-way stop sign is valid and should remain as previously stated. Public Works Director Mutter reviewed the detailed analysis of traffic conditions at the subject intersection. A study of speed shows that the speed limit of 40 miles per hour along Cypress Avenue is property established according to law. One perception may be that 40 miles per hour is too fast for this location. The only significant methods of maintaining speed at this level are enforcement and/or traffic calming techniques. The Redlands Police Department has provided significant additional enforcement in the area but such resources are limited. Traffic calming is proving effective at certain locations as long as it is properly considered and installed. Staff believes that there are several traffic calming techniques that could be developed and implement along Cypress Avenue to reduce overall speeds. However, staff will need time to study and develop alternatives such as additional stop signs and street stripping to make dual left-turn lanes, assign potential costs and make recommendation to the City Council. Public Works Director Mutter requested that staff be given three months to provide this analysis and report findings back to the City Council. He suggested and recommended that the City Council authorize the implementation of a traffic calming technique on Fern Avenue between Center Street and San Mateo Street to be used as a guide for possible future installations. This roadway was recently resurfaced, and centerline striping needs to be completed. Dennis Schall, the appellant, commended Public Works Director Mutter for his efforts these past two weeks but felt a three month delay could be a problem and asked the City Council to consider installation of stop signs and a crosswalk at Lakeside in the meantime. Smiley School Principal David Ciscernos also thanked Public Works Director Mutter for working so quickly and felt the traffic calming thought was a good idea but also urged the City Council to take action now. Mary Ambriz, parent and volunteer of Smiley School, expressed appreciation for the pro-active approached by the Police Department noting the speed from the hospital (Terracina Boulevard) was bad, but she also asked the City Council to do something now and not delay. Further discussion ensued with Public Works Director Mutter and Police Chief Bueermann and Councilmembers. Councilmember Gilbreath moved to adopt Resolution No. 5828 ordering the installation of four-way stop signs at Sunnyside Avenue and Lakeside Avenue on Cypress Avenue and to remove the crosswalk at Nottingham Drive on Cypress Avenue and to install a crosswalk at Lakeside Avenue on Cypress Avenue. Motion seconded by Councilmember Freedman and carried unanimously.

Citrus Policy - Because of the late hour and expected lengthy presentation, Councilmember Haws moved to continue discussion and possible action regarding the proposed citrus policy. Motion seconded by Councilmember Peppler and carried by a tired, but unanimous vote of the City Council.

ADJOURNMENT

There being no further business, the City Council meeting adjourned at 11:16 P.M. to adjourned regular meetings to be held on December 12, 2000, at 8:00 A.M. and December 14, 2000, at 6:00 P.M. in the City Council Chambers, 35 Cajon Street, Redlands, California.

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

CONSENT CALENDAR

Minutes - On motion of Councilmember George, seconded by Councilmember Freedman, the minutes of the regular meeting of November 7, 2000, were approved as submitted.

Bills and Salaries - On motion of Councilmember George, seconded by Councilmember Freedman, payment of bills and salaries was acknowledged.

Planning Commission Actions - On motion of Councilmember George, seconded by Councilmember Freedman, the report of the Planning Commission meeting held on November 14, 2000, was acknowledged as received.

Resolution No. 5813 - Traffic - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5813, 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: install a stop sign on Vine Street at Eureka Street.

Resolution No. 5814 - Traffic - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5814, 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: extend the bus stop zone on eastbound Redlands Boulevard, east of Sixth Street, and on northbound University Street, north of Colton Avenue.

Agreement - Solid Waste Management Services - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously authorize an agreement to furnish Solid Waste Management Services for the Municipal Utilities Department with John C. Davis.

Funds - Election Services - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously approved an additional appropriation from the General Fund in the amount of $12,323.91 to pay an invoice from Richards, Watson & Gershon for legal services rendered regarding the ballot argument against the paramedic special tax which was submitted by William E. Cunningham.

Change Order - Hillside Memorial Park - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously approved Change Order No. 1 for the Hillside Memorial Park Sprinkler Improvements project.

Employment Agreement - City Manager - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously approved an amended employment agreement with City Manager John Davidson reflecting a new employment date of December 11, 2000.

M.O.U. - General Employees - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously ratified a Memorandum of Understanding (M.O.U.) covering the period May 1, 2000, through June 30, 2003, with the General Employees Association of Redlands.

M.O.U. - Management Employees - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously ratified a Memorandum of Understanding (M.O.U.) covering the period May 1, 2000, through June 30, 2002, with the Redlands Association of Management Employees.

Resolution No. 5819 - Salary - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5819, a resolution of the City Council of the City of Redlands establishing a salary schedule and compensation plan for City employees and rescinding Resolution No. 5788. This resolution reflects the salary increases for the General and Management employee units of representation which were approved by the City Council on November 7, 2000. It also reflects additions to the Police Department staffing levels which were approved by the City Council on November 7, 2000, (COPS More grants) and the recent reassignment of two classifications (Assistant Finance Director and City Planner) from the Mid-Management unit of representation to the Management unit of representation.

Appointment - DRBA Board - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously appointed Heather Stevening to the Downtown Redlands Business Association (DRBA) Advisory Board as recommended by the DRBA Advisory Board.

CDBG Funds - Project Home Again - On motion of Councilmember Haws, seconded by Councilmember Freedman, the City Council approved establishment of a new project, Project Home Again: Infrastructure Improvements, for the purpose of constructing sewer and water main improvements to the Family Service Association's Project Home Again facility located at 612 Lawton Street, using $50,000.00 in CDBG funds from CDBG Project No. 111-20925/1229 (Project Home Again: Playground Equipment) and $3,000.00 from CDBG Project No. 111-20825/1230 (Counseling Center and Design-Family Service Association) with Councilmember Gilbreath abstaining. On motion of Councilmember Haws, seconded by Councilmember Freedman, the City Council approved cancellation of Project No. 111-20925/1229 (Project Home Again: Playground Equipment) and to reprogram the $3,000.00 in allocated funds into the newly created project, Project Home Again: Infrastructure Improvements with Councilmember Gilbreath abstaining. On motion of Councilmember Haws, seconded by Councilmember Freedman, the City Council approved cancellation of Project No. 111-20825/1230 (Counseling Center and Design-Family Service Association) and to reprogram the $3,000.00 in allocated funds into the newly created project, Project Home Again: Infrastructure Improvements with Councilmember Gilbreath abstaining.

Agreement - Redlands Bowl Children's Summer Workshops - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously approved an independent contractor agreement with the Redlands Community Music Association for implementation of the Redlands Bowl Children's Summer Workshops.

CC&Rs - C.U.P. No. 404 - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously consented to the modification or elimination of the CC&Rs placed on a 3.39 acre parcel located north of Cypress Avenue and westerly of Redlands Boulevard as the owner is no longer proposing to building a congregate care facility on this site which was approved in 1984 under Conditional Use Permit No. 404.

Orange Street Closure - Market Night - Councilmember George moved to approve the DRBA's recommendation to close Orange Street from Citrus Avenue to Redlands Boulevard at 5:00 P.M. on Thursdays for Market Night to accommodate the new vendors locating on Orange Street. Motion seconded by Councilmember Freedman and carried unanimously.

Caltrans' Right-of-Way - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously approved the final acquisition of right-of-way from Caltrans and authorized acceptance and recordation of deeds for property at Colton and Wabash Avenues.

Agreement - Fire Station No. 1 - In response to Councilmember Freedman's questions, Public Works Director Mutter reviewed the status and time schedule for the Fire Station No. 1 improvements. Councilmember Freedman urged staff to consider saving the brick facade and large letters on the current structure and moved to authorize an amendment to the agreement with Claremont Environmental Design Group, Inc. for providing architectural/engineering services for Fire Station No. 1. Motion seconded by Councilmember George and carried unanimously.

Funds - Solid Waste Division Equipment - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously authorized replacement of a Chevy S-10 scooter pickup (Unit 882) and approved an additional appropriation of $15,000.00 from the Solid Waste Equipment Replacement Reserve for said replacement.

COMMUNICATIONS

Funds - Recycled Water Project - Municipal Utilities Director Phelps reported that during the City Council meeting on September 5, 2000, staff presented information regarding the proposed Redlands Recycled Water Project. At the same meeting, the City Council accepted a $5 million grant of funds authorized by the passage of Proposition 13 from the Santa Ana Watershed Project Authority. In addition, an agreement with Mountainview Power Company for the delivery of recycled water was authorized. During the last two months, staff has continued to put together implementation and financing plans. Chief of Water Resources Douglas Headrick presented the project for the City Council's review. He explained this is a hybrid water project made up of facilities to produce and distribute highly treated effluent from the City's wastewater treatment plant to meet non-potable water demands to maximize the use of the City's water resources, help meet with regulatory discharge requirements, and perform needed modernization to improve plant efficiency. Approved uses for recycled water include park irrigation, ornamental fountains, roadway/median strip irrigation, golf courses, ski slope artificial snow, cemetery, nurseries, fire fighting, toilet flushing, cooling towers, crop irrigation, construction (dust control and soil compaction), and car washes. It was emphasized this is not drinking water. Mr. Headrick also explained financing options to pay for the $15-19 million construction and a revenue stream including Proposition 13 grant monies, Wastewater Enterprise Fund Reserve, and SWRCB Water Recycling Construction Program. Modifications to the wastewater treatment plant and the distribution system is expected to be completed in March of 2003. Following the presentation, Councilmember George noted there are no pipelines in the Donut Hole and those property owners are not going to be eligible for the low cost, recycled water. Council complimented the Municipal Utilities staff for their far reaching, long rang planning. Councilmember Gilbreath moved to authorize an additional appropriation of $2 million from the "Reclaimed Water System" reserve in the 2000-2001 Wastewater Enterprise Fund into the two new project accounts: $1.5 million to the Redlands Recycled Water Project and $500,000 to the Redlands Recycled Water Project Distribution Facilities. Motion seconded by Councilmember Freedman and carried unanimously.

San Timoteo Creek Reach 3B Flood Control Project - Councilmember George presented a draft letter he prepared regarding the final EIS/EIR prepared for the San Timoteo Creek Reach 3B Flood Control Project and asked Council to consider its submission. Comments must be submitted by November 27, 2000. Following brief discussion, Councilmember Freedman moved to authorize submission of the comments based on staff's review and including a paragraph noting our appreciation to Congressman Lewis and others for their time and effort and that the City Council is very much in favor of proceeding with this project. Motion seconded by Councilmember George and carried unanimously.

CLOSED SESSION

The City Council meeting recessed at 3:55 P.M. to a Redevelopment Agency meeting and reconvened at 3:57 P.M. to a closed session to discuss the following:

1. Conference with Labor Negotiator - Government Code Section 54957.6
   -City Clerk
   -Agency Negotiator: Members of the City Council
2. Conference with Labor Negotiator - Government Code Section 54957.6
   -City Treasurer -Agency Negotiator: Members of the City Council
3. Conference with legal counsel: Existing litigation - Government Code Section 54956.9(a)
   -Alderete v. City of Redlands - SCVSS 68410 -Aspe v. City of Redlands - SCISS 61642
4. Conference with real property negotiator Government Code Section 54956.8

   Property:	APNs 171-341-10, 11, and 12
   Negotiating parties:	Deb Craney and Dave Higginson
   Under negotiation:	Terms and price

The meeting reconvened at 7:00 P.M. Mayor Gilbreath introduced John Davidson, who will assume the duties as City Manager on December 11, 2000. Mayor Gilbreath recognized members of the Chamber of Commerce's Leadership Redlands class who were also present at this meeting.

PUBLIC HEARINGS

Resolution No. 5764 - Housing Element - Public hearing was continued to this time and place to consider Resolution No. 5764, an update of the Housing Element of the City of Redlands General Plan. Community Development Director Shaw informed Councilmembers the Housing Element is a mandated element of the General Plan. It has been prepared in response to a State legislatively imposed deadline. It incorporates the Regional Housing Needs Assessment allocation numbers of 1,931 units into its goals and objectives which are well within the framework of the City's growth management ordinance and General Plan since this translates into approximately 275 units per year over the seven year period of this Housing Element adoption (1998 to 2005). Councilmember Freedman expressed his appreciation to Community Development Director Shaw, City Planner John Jaquess, and staff for their assistance with this in-depth review of the document. Mayor Gilbreath declared the meeting open as a public hearing for any questions or comments. None being forthcoming, the public hearing was declared closed. Councilmember Freedman moved to approve the Negative Declaration for Resolution No. 5764, a resolution of the City Council of the City of Redlands for adoption of Amendment No. 72 to the General Plan 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 adopt Resolution No. 5764 approving the Housing Element Update and directed staff to forward this document to the State Department of Housing and Community Development for their review and comment. Motion seconded by Councilmember George and carried unanimously.

L. A. Fitness - Public hearing was advertised for this time and place to consider a Draft Mitigated Negative Declaration and Socio-Economic Cost/Benefit Study for Planning Commission Review and Approval No. 722 for the construction of a 41,000 square foot fitness center on approximately 6.64 acres generally located at the northeast corner of Marshal Street and Parkford Road in the C-4 (Highway Commercial) District and Variance No. 609 to allow a landscaped buffer area along the freeway right-of-way less than the required twenty-five (25) foot width for a proposal to construct a 41,000 square foot fitness center on approximately 6.64 acres located at the northeast corner of Marshal Street and Parkford Road in the C-4 (Highway Commercial) District (L. A. Fitness, applicant). Community Development Director Shaw described the project and addressed concerns expressed by Councilmembers regarding traffic noting there will be less trips generated with lower volume with this use than that of the previous uses of two restaurants. He also reported the mature trees on the property will be saved. Mayor Gilbreath declared the meeting open for any questions or comments regarding this project. Mr. Mark Sandoval, the applicant, was available to answer questions. There being no comments, the public hearing was declared closed. Councilmember Haws moved to approve the Negative Declaration for Planning Commission Review and Approval No. 722 and Variance No. 609 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 Haws moved to approve the Socio-Economic Cost/Benefit Study for Planning Commission Review and Approval No. 722 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. Motion seconded by Councilmember Freedman and carried unanimously. Councilmember Haws moved to approve Variance No. 609 subject to the findings included in the revised staff report. Motion seconded by Councilmember Freedman and carried unanimously. Councilmember Haws moved to approve Planning Commission Review and Approval No. 722 subject to the findings and conditions of approval contained in the revised staff report. Motion seconded by Councilmember Freedman and carried unanimously.

Standard Pacific Homes - Public hearing was continued to this time and place to consider a Draft Mitigated Negative Declaration for Ordinance No. 2459 amending Section 18.144 of the Redlands Municipal Code to allow a reduction in the required side yard setbacks for detached single-family dwellings within a Planned Residential Development and a Draft Mitigated Negative Declaration and Socio-Economic Cost/Benefit Study for Tentative Tract No. 16101 and Conditional Use Permit No. 713 for the subdivision and construction of a 150-single-family lot planned residential development on approximately 55.91 acres generally located between Capri Avenue and Lugonia Avenue, west of Wabash Avenue in the R-E (Residential Estate) District (Standard Pacific Homes, applicant). Community Development Director Shaw explained that additional time is needed to properly formulate a workable citrus policy and recommended continuing this public hearing. Mayor Gilbreath declared the meeting open as a public hearing for any questions or comments. None being forthcoming, the public hearing was unanimously continued to December 5, 2000, on motion of Councilmember Freedman, seconded by Councilmember Haws.

Cypress Villas, LLC - Public hearing was advertised for this time and place to consider Draft Mitigated Negative Declaration and Socio-Economic Cost/Benefit Study for Conditional Use Permit No. 707 for the development of a 102-unit three-story apartment complex on approximately 4.74 acres, located on the north side of Cypress Avenue, 180 feet west of Redlands Boulevard in the R-2-2000 (Multiple Family Residential) District; Minor Planning Commission Approval No. 23 for approval to allow a reduction in the front setback for a three-story building from 35 feet to 28 feet for the development of a 102-unit apartment complex on approximately 4.74 acres, located on the north side of Cypress Avenue, approximately 180 feet west of Redlands Boulevard in the R-2-2000 (Multiple Family Residential) District; and Resolution No. 5790, Street Vacation No. 117, an intent to vacate approximately 185 linear feet of an alley located north of Cypress Avenue and east of Hibiscus Drive in the R-2-2000 (Multiple Family Residential) District (Cypress Villas, LLC., applicant). Community Development Director Shaw briefly described the project and reported the applicant has requested a continuance to December 5, 2000, to allow themselves additional time to consider all areas of community concerns. This project was recommended for approval by the Planning Commission, on a 3-2 vote with two commissioners absent, with the determination that the project meets the findings mandated by Measure U under the High Density Residential General Plan designation for a project in excess of 18 dwelling units per acre and in excess of two stories or greater than 35 feet in height. Mayor Gilbreath declared the meeting open as a public hearing for any questions or comments. Margaret Wilson, who owns and has occupied the residence for 50 years that will be surrounded by the development, reported she and the developer have reached an amicable agreement as to her concerns and that she no longer opposed the project. Councilmember Freedman read letter from Planning Commissioners Carolyn Laymon, who indicated she would have opposed the project, and Jim Macdonald, who listed nine concerns. Councilmember Freedman also noted that the developer is not willing to compromise and change the carports to garages which causes concern for the Police Department. He indicated he wanted to deny the project and have staff to come back on December 5, 2000, with the necessary findings for a denial. City Attorney McHugh explained the necessary findings for denial of the project and noted the density and height findings would require a four-fifths vote under the provisions of Measure U. Noting there were many problems with this project and that he did not sense any support from the City Council, Councilmember Haws moved to continue this public hearing to December 5, 2000, and directed staff to prepare an alternative motion for denial. Motion seconded by Councilmember Freedman and carried unanimously.

Megan B. Patel - Hotel - Public hearing was advertised for this time and place to consider Draft Mitigated Negative Declaration and Socio-Economic Cost/Benefit Study for Conditional Use Permit No. 716 for the construction of a 39,025 square foot three-story hotel containing 61 rooms on 3.25 acres located along the south side of the Interstate 10 Freeway, west of Tennessee Street in the General Commercial District of the East Valley Corridor Specific Plan and Variance No. 610, a variance from Section EV4.0140(b)(1) of the East Valley Corridor Specific Plan to allow a reduction of five feet in the required 25-foot landscape setback from freeway right-of-way for the development of a 39,025 square foot three-story hotel on 3.25 acres located along the south side of the Interstate 10 Freeway, west of Tennessee Street in the General Commercial District of the East Valley Corridor Specific Plan (Megan B. Patel, applicant). Community Development Director Shaw described the project. Mayor Gilbreath declared the meeting open as a public hearing for any questions or comments. Chuck Marsh noted the owners and architect were present to answer questions. There being no comments, the public hearing was declared closed. Councilmember Peppler moved to approve the Mitigated Negative Declaration for Conditional Use Permit No. 716 and Variance No. 610 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 Peppler moved to approve the Socio-Economic Cost/Benefit Study for Conditional Use Permit No. 716 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. Motion seconded by Councilmember George and carried unanimously. Councilmember Peppler moved to approve Conditional Use Permit No. 716 subject to the findings, conditions of approval, and all departmental recommendations as contained in the staff report. Motion seconded by Councilmember George and carried unanimously. Councilmember Peppler moved to approve Variance No. 610, based on the findings and conditions of approval contained in the staff report. Motion seconded by Councilmember George and carried unanimously.

Home Depot USA, Inc. - Public hearing was advertised for this time and place to consider Planning Commission Review and Approval No. 711 (Revision No. 1), a revision to an approved 131,848 square foot home improvement center to increase the size of the building by 7,138 square feet and the outdoor garden center by 382 square feet for an overall size of 139,368 square feet on approximately 17.65 acres, located at the southeast corner of Tennessee Street and Lugonia Avenue in the General Commercial District of the East Valley Corridor Specific Plan (Home Depot USA, Inc., applicant). Community Development Director Shaw described the revision to the approved project which will expand the building footprint of the home improvement store and outdoor garden center. The changes to the approved site plan are minimal and the project will remain consistent with all applicable development standards of the East Valley Corridor Specific Plan. Mayor Gilbreath declared the meeting open as a public hearing for any questions or comments. Representing Redlands Joint Venture and the United Donut Hole Owners Property Association, attorney John Mirau submitted a letter at this time setting forth objections to the approval of this application. As Councilmembers nor staff were not given the opportunity to review this letter prior to the meeting, it was recommended this hearing be continued to December 5, 2000, and staff would then provide additional findings to address the concerns. It would also provide an opportunity for Home Depot to consider further assessment. The architect for the project, Doug Green, was present and available to answer questions. Councilmember Gilbreath moved to continue this public hearing to December 5, 2000. Motion seconded by Councilmember George and carried unanimously.

Ordinance No. 2460 - Zone Change No. 376 - Public hearing was advertised for this time and place to consider a Draft Negative Declaration and Ordinance No. 2460, an ordinance adopting Zone Change No. 376, pre-zoning of the Greenspot Annexation area to A-1 (Agricultural) District and O (Open Land) District for 460 acres located north and east of the existing City limits, west of Emerald Avenue, and south of Villers Street. Community Development Director Shaw noted there were several property owners who attended the Planning Commission meeting hearing who used the hearing as an opportunity to voice opposition to the related proposal to annex the area into the City. They felt it was premature and should not occur until all or at least a majority of the property owners requested annexation. Mayor Gilbreath declared the meeting open as a public hearing for any questions or comments concerning this change of zone. Roger Zimmerman presented a petition opposing annexation signed by 26 residents which represented 257? acres (more than 50 percent of the acreage). Jack Woodbury reported that he thought 99 percent were in favor of annexation to the City of Redlands to protect them from annexation by the City of Highland. He urged approval of this zone change and invited Councilmembers to attend a meeting with the Mentone residents and Jim Rhoddy, LAFCO, that he was arranging. It was noted a letter had been received from the City of Highland reporting their City Council took an action on November 14, 2000, to support this proposed annexation. There being no further comments, the public hearing was declared closed. With the understanding the City would not proceed with annexation at this time, Councilmember George moved to approve the Environmental Review Committee's Negative Declaration for Ordinance No. 2460 adopting Zone Change No. 376 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 Haws and carried unanimously. Ordinance No. 2460, 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. 376, was read by title only by City Clerk Poyzer and on motion of Councilmember George, seconded by Councilmember Haws, was introduced with unanimous Council approval and laid over under the rules with adoption scheduled for December 5, 2000.

UNFINISHED BUSINESS

Sports Park - Councilmember Freedman urged his fellow Councilmembers to start the process of public meetings with the various commissions to inform the public what the Sports Park project entails and start a dialog. Councilmembers discussed this subject and the need to hold a meeting to discuss Federal and State funding needs and to review all pending projects. It was announced that a meeting will be held on December 12, 2000, at 7:00 P.M. in the Community Center with the Northside Advisory Committee. Councilmembers concurred to meet with the Parks Commission and Recreation Commission on December 14, 2000, at 7:00 P.M. in the City Council Chambers to discuss the scope of the project for the proposed sports complex. For the Game, LLC representatives presented their proposal at this meeting and will also meet with individual Councilmembers. Speaking from the audience were: Pat Meyer who described the site plan; William Cunningham who presented a list of questions; R. A. "Tex" Moore who expressed financing concerns; Robert Rappuchi who questioned the bidding process; Joe Gonzales from the Northside Advisory Committee who expressed gratitude the City Council was looking ahead as he felt this was one of the things Redlands has needed for a long time; Bob Pearce who expressed concerns for the safety of participants at the sports park in regards to the airport and streets; Caroline Laymon who expressed appreciation to the City Council for holding the proposed public meetings; Teddy Banta who felt that since the citizens brought this land with Measure O funds that the facility should be available free to residents and asked if this was the best use for this land; Charles Camarillo, Redlands AYSO, urged the City Council to proceed; and Bruce Laycook who was gratified to hear about the process and was in favor of moving forward. Councilmember Haws moved to continue discussion on the sports park to December 19, 2000, and asked staff to set up a joint meeting with the Planning, Parks, and Recreation Commissions as soon as possible. Motion seconded by Councilmember Freedman and carried unanimously. Public Works Director Mutter reported a joint meeting of the Parks and Recreation Commission has been scheduled for December 14, 2000, and that the City Council could attend that meeting.

The City Council meeting recessed at 9:18 P.M. and reconvened at 9:25 P.M.

NEW BUSINESS

Appeal - Stop Signs - Public Works Director Mutter reported the Traffic and Parking Commission met on September 28, 2000, and unanimously recommended denial to a request to install stop signs on Cypress Avenue at Lakeside Avenue. The denial decision was based upon the fact that the intersection did not meet the number of warrants for the installation of a four-way stop. An appeal of this recommendation was filed by Dennis Schall of 608 Lakeside Avenue. Speaking in favor of these stop signs were: Dennis Schall, the appellant; Gary Peplow, Smiley School; and David Cisneros, principal for Smiley School. A petition purported to contain 250 signatures for the installation of a four-way stop at the intersection of Cypress and Lakeside Avenues was also submitted. A lengthy discussion ensued covering the ramifications of unwarranted stop sign installation, pedestrian safety devices, traffic calming mechanism; and traffic safety education for both students and parents. Police Chief Bueermann suggested continuing this request for a couple of weeks to allow his department to study traffic calming recommendations and offered, in the meantime, to provide heavy traffic enforcement in the area. Councilmember Haws moved to continue this request to December 5, 2000. Motion seconded by Councilmember Freedman and carried unanimously.

CLOSED SESSION REPORT

City Clerk Compensation - Councilmember Gilbreath moved to ratify the compensation package for City Clerk Lorrie Poyzer approved during the closed session. Motion seconded by Councilmember George and carried unanimously.

PUBLIC COMMENTS

Redlands Association of Management Employees - On behalf of the Redlands Association of Management Employees, Community Development Director Shaw expressed their appreciation for the Councilmembers negotiating in good faith. The management team felt the City Council had "gone the extra mile" and that they had been treated very fairly. He also thanked Ren? Mayne, Labor Management Success, for her very professional efforts.

ADJOURNMENT

There being no further business, the City Council meeting adjourned at 9:59 P.M. The next regular meeting will be held on December 5, 2000.

Mayor Gilbreath called the meeting to order and immediately recessed it to a closed session for the following:

1. Conference with labor negotiator - Government Code Section 54957.6
   -Agency negotiator: Ren? Mayne, Labor Management Success Employee organizations: Redlands Association of Mid-Management Employees, Redlands Police Officers Association, Redlands Association of Safety Management Employees, Redlands Professional Fire Fighters Association

PUBLIC COMMENTS

Handicap Ramp - On behalf of the residents in the Citrus Arms Apartments at 151 Judson Street, Dee Bacon presented a petition to the City Council requesting installation of a handicap ramp in front of the building to align with the walkway coming from its front door. Citrus Arms is a senior facility and many of the residents use canes, walkers, and wheelchairs. Ms. Bacon informed Councilmembers that when a car or bus pulls up to the curb for boarding, residents have a hard time entering the vehicle because the entrance is too low or even with the curb. Public Works Director Mutter informed Councilmembers that this is a tenuous situation as the City cannot comply with ADA requirements. He suggested the folks at Citrus Arms request an encroachment permit from the City which would allow them to install the handicap ramp. Councilmembers concurred to refer this matter to staff for assistance.

ADJOURNMENT

The City Council meeting adjourned at 3:05 P.M. to hold its regularly scheduled meeting.

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

CONSENT CALENDAR

Medals of Distinction - Fire Chief Enslow presented Medals of Distinction to Eric Chappell, San Bernardino City Fire Department, and Roger Saindon, San Bernardino County Fire Department, for their heroic actions on the afternoon of June 5, 2000, and described their immeidate response, while off-duty, to a brush fire in the area of Del Haven and Cambon Courts. Their quick actions proved critical to the prevention of extensive fire damage to the homes in the area. Also present at this meeting were Peter Hills, San Bernardino County Fire Chief; Larry Pitzer, San Bernardino City Fire Chief; and Dan Wurl, San Bernardino County Division Chief.

Fire Explorer Post - Fire Chief Enslow reported the Redlands Fire Department Explorer's Post began on June 1, 2000, and it has not taken this group of dedicated young people long to gel as an effective and cohesive team. He then reported about their recent activities and accomplishments. Firefighter/Paramedic Fred Clark introduced the Explorers as they accepted a City seal pin and congratulations from Mayor Gilbreath and Fire Chief Enslow.

Ordinance No. 2449 - Garage Setbacks - Public hearing was advertised for this time and place to consider Ordinance No. 2449, Zoning Ordinance Text Amendment No. 270, to amend the Redlands Municipal Code pertaining to garages with an electrical door opener to have the same setbacks as carports in residential zones (David Waters, applicant). Community Development Director Shaw explained the applicant has an existing apartment project with carports facing an alley, and he would like to enclose the carports into garages for added security and improved aesthetics. The Code currently does not allow an enclosed garage that close to an alley. This ordinance would amend the Code to allow garages at the same setback as carports and staff has suggested that this only be considered if the garage is improved with an automatic garage door opener to address concerns for blocking alley use. Mayor Gilbreath declared the meeting open as a public hearing for any questions or comments. David Waters addressed the Council expressing his appreciation for the Planning Commission's recommendation and urged the City Council approve this amendment. He also addressed the Council regarding a recent decision regarding fence height and asked them to reconsider their decision. He was referred to the City Manager. There being no further comments, the public hearing was declared closed. Ordinance No. 2449, an ordinance of the City of Redlands amending Chapter 18.20 of the Redlands Municipal Code relating to accessory buildings in the A-1 Zone District, was read by title only by City Clerk Poyzer, and on motion of Councilmember Freedman, seconded by Councilmember Haws, further reading of the ordinance text was waived, and Ordinance No. 2449 was introduced with unanimous Council approval and laid over under the rules with adoption scheduled for October 3, 2000.

Planning Commission Review and Approval No. 716 - Public hearing was advertised for this time and place to consider Planning Commission Review and Approval No. 716 for the construction of a 6,855 square foot warehouse building located on a parcel with an area of 21,099 square feet located between Kansas and Iowa Streets on West State Street in the EV-IC (Commercial Industrial) District of the East Valley Corridor Specific Plan (Pence Construction, applicant). Community Development Director Shaw described the project. Mayor Gilbreath declared the meeting open as a public hearing for any questions or comments. None being forthcoming, the public hearing was declared closed. Councilmember Haws moved to approve the Socio-Economic Cost/Benefit Study for Planning Commission Review and Approval No. 716 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. Motion seconded by Councilmember Freedman and carried unanimously. Councilmember Haws moved to approve Planning Commission Review and Approval No. 716 subject to the findings and all department conditions as contained in the staff report. Motion seconded by Councilmember Freedman and carried unanimously.

Planning Commission Review and Approval No. 719 - Public hearing was advertised for this time and place to consider Planning Commission Review and Approval No. 719 for the construction of a 46,595 square foot manufacturing facility on 7.47 acres located on the northwest corner of Iowa Street and Citrus Avenue in the EV/IC (Commercial Industrial) District of the East Valley Corridor Specific Plan (Caseworx, applicant). Community Development Director Shaw described the project. Mayor Gilbreath declared the meeting open as a public hearing for any questions or comments. None being forthcoming, the public hearing was declared closed. Councilmember Peppler moved to approve the Negative Declaration for Planning Commission Review and Approval No. 719 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 Haws and carried unanimously. Councilmember Peppler moved to approve the Socio-Economic Cost/Benefit Study for Planning Commission Review and Approval No. 719 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. Motion seconded by Councilmember Haws and carried unanimously. Councilmember Peppler moved to approve Planning Commission Review and Approval No. 719 subject to the findings and all department conditions as contained in the staff report. Motion seconded by Councilmember Haws and carried unanimously.

Resolution No. 5796 - Historic Preserve of Citrus - Community Development Director Shaw explained that staff recommended that the Historical Preserve of Citrus be amended by the removal of 10 acres (know as the Granite Grove) located on the north side of San Bernardino Avenue, east of Dearborn, and that a grove of similar size replace the designated Granite Grove. Staff also recommended retaining a portion of the Granite Grove along the west side of what will ultimately be Dearborn Street extended as a visible tribute of the City's commitment to citrus preservation and as a valuable buffer to the single family homes on Cortez Court. The Citrus Commission recommended to the City Council that the entire Granite Grove be removed and no longer be a part of the City's operation as they did not feel it would be viable. Public Works Director Mutter explained the need to install a drainage line through this parcel and its effect on the Sports Park and San Bernardino Avenue. Councilmember Freedman expressed concern that we had not yet identified the replacement acreage and desired to continue this matter until that had been accomplished. Councilmember Haws indicated a firm commitment from the City Council to replace the acreage in the preserve. Bill Cunningham asked the City Council and staff why the developer needed to remove four rows of trees for the drainage line. Following much discussion relating to the preservation of citrus groves, both large and "pocket" size, Councilmember Haws moved to approve the Negative Declaration for Resolution No. 5796 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 Peppler and carried with Councilmember Freedman voting NO. Councilmember Haws moved to adopt Resolution No. 5796, a resolution of the City Council amending an historical preserve of citrus and rescinding Resolution No. 5505 by removing 10 acres located on the north side of San Bernardino Avenue, east of Dearborn Street. Motion seconded by Councilmember Peppler and carried with Councilmember Freedman voting NO. Councilmember Haws moved to maintain the citrus groves on the west side of Dearborn Street extended. Motion seconded by Councilmember Freedman and carried unanimously.

Prioritization of Projects - On behalf of staff, Community Development Director Shaw asked the City Council for direction as to prioritization of City projects in relation to staff workload, especially for environmental services related to the review and comment of the EIR for the Majestic Realty project. Each of the development departments (Community Development, Public Works, and Municipal Utilities) has indicated they are being overwhelmed by the significant workload and their inability to accomplish the significant number of projects currently identified in a timely manner. Much of the workload is being driven by private development activity. A list of private development projects being handled by the Community Development Department along with their schedules and a Public Works Department Capital Improvement Program - Project Status Report was provided. In addition to these projects, the City Council, Commissions, and staff have other projects which are important to the City. Staff requested direction from the City Council on which projects staff should focus on and if there are projects which may not be of high priority for the City Council. W. Robert Clark, President of the Redlands Conservancy; David Raff, President of the Redlands Community Music Association; and John Terry, member of the Redlands Conservancy, informed Councilmembers they are very close to starting the renovation of Mission Gables (168 South Eureka Street) and asked them to keep their project at the front of the priority list. Councilmember Haws expressed delight staff was so busy as it showed the City was moving in a positive direction and asked staff what was needed for a long term fix and if more staff was needed, it should be brought to the attention of the City Council. Councilmember Freedman felt staff knew which projects were important. Councilmember Peppler suggested preparing annual plans setting our goals.

Contract - Environmental Services - Majestic Realty - Councilmember Gilbreath moved to authorize staff to enter into a contract with a consultant for environmental services related to the review and comment of the Environmental Impact Report currently submitted to the City by the County of San Bernardino relative to the Majestic Realty project and to authorize an appropriation of funds in the amount of $10,000.00. Motion seconded by Councilmember Freedman and carried unanimously.

City Manager Search - Councilmember Haws reported the City Council met this afternoon with DMG-Maximus who is assisting in the search for a new City Manager; 61 applications were received and the quality of candidates is excellent. The City Council will continue with the process.

School Board Candidate - Donna West, who is one of 12 candidates on the November ballot running to fill the vacant seat on the Redlands Unified School District Board of Education, addressed the City Council describing her goals as a candidate.

ADJOURNMENT

There being no further business, the City Council meeting adjourned at 8:30 P.M. to an adjourned regular meeting to be held at 1:00 P.M. on October 3, 2000, in the City Council Chambers, 35 Cajon Street, Redlands, California. The next regular meeting will be held on October 3, 2000, at 3:00 P.M.

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

CONSENT CALENDAR

Minutes - On motion of Councilmember George, seconded by Councilmember Freedman, the minutes of the regular meeting of August 1, 2000, and the special meeting of August 10, 2000, were approved as submitted.

Bills and Salaries - On motion of Councilmember George, seconded by Councilmember Freedman, payment of bills and salaries was acknowledged.

Planning Commission Actions - On motion of Councilmember George, seconded by Councilmember Freedman, the reports of the Planning Commission meetings held on August 8, 2000, and August 22, 2000, were acknowledged as received.

Ordinance No. 2450 - Administrative Citation and Remedies Process - Ordinance No. 2450, an ordinance of the City of Redlands adding Chapter 1.22 to the Redlands Municipal Code to establish an administrative citation and remedies process, was adopted on motion of Councilmember George, seconded by Councilmember Freedman, by the following vote:

AYES:	Councilmembers George, Freedman, Peppler, Haws; Mayor Gilbreath
NOES:	None
ABSENT:	None

Funds - 9-1-1 for Kids - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously authorized an additional appropriation of $1,191.00 to the Police Department to fund the 9-1-1 for Kids program. These funds will be reimbursed in full by the State of California.

Funds - Shoulder Tap Program Grant - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously authorized acceptance of a State of California Department of Alcoholic Beverage Control grant (Shoulder Tap program) and authorized an additional appropriation in the amount of $7,000.00 to the Police Department to fund the program.

Fee Waiver - Alzheimer's Association Memory Walk - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously waived the rental fees for barricades and a dumpster for the Alzheimer's Association Memory Walk to be conducted on October 21, 2000.

Proclamation - Prostate Cancer Awareness Month - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously authorized issuance of a proclamation declaring the month of September as Prostate Cancer Awareness Month.

Proclamation - Sheriff's Rodeo 2000 - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously authorized issuance of a proclamation declaring September 29 through October 1, 2000, as the Annual Sheriff's Rodeo 2000 Weekend.

Contract - Breath Alcohol Analysis Instrument - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously approved a contract with the San Bernardino County Sheriff's Department to continue services relating to the breath alcohol analysis instrument and authorized the Mayor and City Clerk to execute the agreement on behalf of the City.

Resolution No. 5792 - Conflict of Interest Code - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council reviewed its Conflict of Interest Code in accordance with Government Code Section 87306.5, found that amendments are necessary, and unanimously adopted Resolution No. 5792, 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.

Settlement Agreement - Loma Linda Towing - A copy of an executed settlement agreement with Leopold Wenzel, individually and doing business as Loma Linda Towing, and Allen Wenzel was on this agenda to notify the public of the terms agreed to by the City Council in a closed session.

Funds - University of Redlands Director of Public Safety - On motion of Councilmember Freedman, seconded by Councilmember Gilbreath, the City Council unanimously approved an additional appropriation in the amount of $132,272.00 to fund the Director of Public Safety position at the University of Redlands. The University will fully reimburse the City for all costs associated with this position.

Funds - Habitat for Humanity - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously approved a request from Habitat for Humanity for Neighborhood Initiative Program funds in the amount of $45,000.00 in conjunction with the improvement project at 1140 Sixth Street.

Agreement - Joslyn Senior Center - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously approved an independent contractor agreement with Ana Alford for a quilting and embroidery class for senior adults at the Joslyn Senior Center and authorized the Mayor and City Clerk to execute the agreement on behalf of the City.

Agreement - Community Center - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously approved an independent contractor agreement with Rebecca Price for violin lessons for youth, teens and adults at the Community Center and authorized the Mayor and City Clerk to execute the agreement on behalf of the City.

Appointments - DRBA Advisory Board - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously reappointed Larry Statler, Tami Barr, and Gary George to the Downtown Redlands Business Association (DRBA) Advisory Board as recommended by the DRBA Advisory Board.

Release of Lien Agreement - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously authorized the release of a lien agreement with The Glorious Redland Investment Partnership dated April 20, 1984 for improvements to Orange Avenue, east of Kansas Street, with the provision that an in-lieu payment will be made for those improvements yet to be installed.

Fee Waiver - Project Home Again - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously approved a fee waiver for environmental review application fees for the Project Home Again expansion project located at 612 Lawton Street.

Reallocation of CDBG Funds - Texonia Park - On motion of Councilmember Haws, seconded by Councilmember Freedman, the City Council unanimously approved the expansion of the scope of work for Community Development Block Grant (CDBG) funds' Project 111-24202/1760 to allow for lighting, turf and irrigation in the north ballfield at Texonia Park. The request for reallocation of CDBG funds for the YMCA/Camp Edwards Project was withdrawn.

Agreement - Risk Management Plan - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously approved an agreement with Resource Management Services to furnish services for the preparation of risk management plan programs within the Water Division and authorized the Mayor and City Clerk to execute the agreement on behalf of the City.

Redlands Museum Donations - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously designated the A. K. Smiley Public Library and its Board of Trustees as the repository for donated materials until the Redlands Museum is established.

Agreement - California Street Landfill - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously authorized Amendment No. 2 to an engineering agreement with Vector Engineering to provide engineering services for the California Street Landfill horizontal expansion and authorized the Mayor and City Clerk to execute the amendment on behalf of the City.

Amended Lease Agreement - Coyote Aviation - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously approved a revised lease agreement with Coyote Aviation for use of a portion of the property at Redlands Municipal Airport and authorized the Mayor and City Clerk to execute the agreement on behalf of the City.

Agreement - Solid Waste Management Services - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously authorized a agreement with John C. Davis to furnish solid waste management services for the Municipal Utilities Department and authorized the Mayor and City Clerk to execute the agreement on behalf of the City.

PLANNING AND COMMUNITY DEVELOPMENT

CUP No. 704 - Sprint - Councilmembers Gilbreath and Haws left the Council Chambers due to conflicts of interest. Community Development Director Shaw reported Sprint PCS filed an appeal to the decision made by the Environmental Review Committee (ERC) for Conditional Use Permit No. 704 to require an Environmental Impact Report (EIR) for the installation of a wireless telecommunications facility in the R-A (Residential Estate) District. The project would consist of a 102 foot monopole, an array of twelve antennas and seven ancillary equipment cabinets. The cellular facility is proposed to be located within the Redlands Country Club golf course between the sixth and seventh fairways, approximately 350 feet north of the southerly golf course boundary. Community Development Director Shaw reviewed the decision of the ERC and staff's recommendation. Under context of the California Environmental Quality Act (CEQA), there does not appear to be any significant adverse impacts of the project to established policies and therefore, no basis to require the preparation of an EIR for this project. In the Mitigated Negative Declaration prepared for this project, three environmental factors were identified warranting mitigation and staff recommended two mitigation measures be applied. Community Development Director Shaw felt that concerns raised should be addressed through the conditional use permit process. Requesting the preparation of an EIR were Harold Hartwick and Dan Eickman. A petition opposing the Sprint cellular tower containing 67 signatures of residents in the neighborhood of the Redlands Country Club was submitted. John Boat, an attorney representing Sprint PCS, spoke in favor of the staff's recommendation. He and a radio frequency expert answered Councilmembers' questions. Councilmember Freedman's motion to require an EIR did not receive a second. Following lengthy discussion, Councilmember George moved to grant the appeal by Sprint PCS and directed that the processing of Conditional Use Permit No. 704 proceed to the Planning Commission with the original Mitigated Negative Declaration prepared for the project. Motion seconded by Councilmember Peppler and carried by the following vote:

AYES:	Councilmembers George and Peppler
NOES:	Councilmember Freedman
ABSTAINED:	Councilmember Gilbreath and Haws

Contract - Environmental Services for Majestic Realty Project - Community Development Director Shaw explained Helix Environmental Planning, Inc. submitted a proposal for services related to the Majestic Realty application for a pre-annexation agreement and possible annexation of their sixty acre site located east of Alabama Street, north of Lugonia Avenue, and west of the 210 Freeway and a related ordinance text amendment. The cost is not to exceed $10,000.00, and staff would like to move forward to pay for services already done. This can be funded with money currently on deposit with the City from Majestic Realty. Councilmember Haws moved that the City Council approve the contract with Helix Environmental Planning, Inc. for environmental services related to the Majestic project to the extent expended up to this point and not to expend any further resources until or unless further approval comes from this Council. Motion seconded by Councilmember Freedman and carried unanimously.

EMINENT DOMAIN HEARINGS

Resolution No. 5783 - Home Depot Project - Councilmember George left the Council Chambers due to a potential conflict of interest. Resolution No. 5783, a resolution of the City Council of the City of Redlands declaring that the acquisition of a fee interest in a portion of certain real property by eminent domain is necessary for the widening of Lugonia Avenue in conjunction with the Home Depot Project, was continued to this time and place for a hearing. Mayor Gilbreath declared the meeting open for this hearing. City Attorney McHugh explained the nature and scope of the hearing noting an offer had been made and not accepted. City Clerk Poyzer reported that a notice of this hearing was mailed on July 10, 2000, to Lugo Water Company. Public Works Director Mutter explained the City of Redlands has received an application from Home Depot USA, Inc. for the construction of a retail home improvement center and outdoor garden center on approximately 17.65 acres located at the southeast corner of Lugonia Avenue and Tennessee Street. The conditions of approval for this project include a requirement to widen and improve Lugonia Avenue to the full General Plan width along the project frontage. Included within this area to be widened is a parcel of approximately 0.02 acres owned by the Lugo Water Company. The developer has attempted to acquire the parcel through a negotiation process; however, they have been unsuccessful. It has been requested by the developer that the City assist in the acquisition of this parcel. City Clerk Poyzer reported that no written objections, protests and requests to be heard have been filed or received. Mayor Gilbreath called upon all persons with an interest in this property who wished to be heard; no one was forthcoming. Mayor Gilbreath called upon all persons who wished to be heard on the proposed project; no one was forthcoming, and the hearing was closed. Councilmember Freedman moved to adopt Resolution No. 5783. Motion seconded by Councilmember Peppler and carried with Councilmember George abstaining.

Resolution No. 5784 - Colton and Wabash Project - Councilmember Gilbreath left the Council Chambers due to a potential conflict of interest. Resolution No. 5784, a resolution of the City Council of the City of Redlands declaring that the acquisition of a fee interest in a portion of certain real property by eminent domain is necessary for the completion of the City's Colton and Wabash Avenue Intersection Project, was continued to this time and place for a hearing. Mayor Pro Tem George declared the meeting open for this hearing. City Attorney McHugh explained the nature and scope of the hearing. City Clerk Poyzer reported that a notice of this hearing was mailed on July 7, 2000, to William M. Locklin. Public Works Director Mutter explained the City of Redlands has recently completed the construction of the intersection of Colton Avenue and Wabash Avenue. As part of this project, the irrigation canal belonging to the Bear Valley Mutual Water Company (BVMWC) was relocated into a ten-foot wide easement area through property owned by William J. Locklin. The ten-foot wide easement was acquired from Mr. Locklin based on an understanding with the BVMWC staff that such an easement was acceptable. However, prior to accepting the easement, a new BVMWC General Manager was appointed and a 20-foot wide easement was required. The City is now attempting to acquire an additional ten feet along the westerly side of the existing easement. Mr. Locklin has been contacted and has declined the City's offer to acquire the additional easement. City Clerk Poyzer reported a letter was received on July 17, 2000, from Mr. Locklin's legal counsel to speak on his behalf. Mayor Pro Tem George called upon all persons with an interest in this property who wished to be heard. Legal counsel for Mr. Locklin, Wilfred Lemann was present. Mr. Locklin addressed the City Council and complimented Mr. Mutter noting they had worked well together but he did not understand why BVMWC was now needing another ten feet. In response to questions, Public Works Director Mutter said the City has many narrow easements with which it works with. Mayor Pro Tem George called upon all persons who wished to be heard on the proposed project; no one was forthcoming. Following lengthy discussion, Councilmember Haws moved to continue this hearing and directed staff to go back to Bear Valley Mutual Water Company and ask if they really needed 20 feet. Motion seconded by Councilmember Freedman and carried with Councilmember Gilbreath abstaining.

COMMUNICATIONS

University of Redlands' Financial Contributions - Mayor Gilbreath announced the University of Redlands will be making voluntary financial contributions to the City totaling $40,000.00. She publicly recognized the University of Redlands and expressed appreciation for their active involvement with the City Council on many programs.

JOINT MEETING - CITY COUNCIL AND REDEVELOPMENT AGENCY

Resolution No. 5795 - Neighborhood Initiative Program - Councilmember Freedman moved to adopt Resolution No. 5795, 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 Neighborhood Initiative 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 Haws and carried unanimously. (Also see Redevelopment Agency minutes for September 5, 2000.)

Resolution No. 5776 - Redlands Blvd./Seventh St. Improvement Project - Councilmember George left the Council Chambers due to a potential conflict of interest. Public hearing was advertised for this time and place to consider Resolution No. 5776, a resolution of the City Council of the City of Redlands authorizing payment by the Redlands Redevelopment Agency for publicly owned land and improvements and making findings relating thereto, for the Redlands Boulevard/Seventh Street Improvement Project (adjacent to the Honda/Yamaha dealership). Community Development Director Shaw described the proposed project which includes street, curb, gutter, drainage, sidewalk and landscape improvements along Redlands Boulevard and Seventh Street within the Redevelopment Project Area. Mayor Gilbreath declared the meeting open as a public hearing for any questions or comments. None being forthcoming, the public hearing was declared closed. Councilmember Peppler moved to adopt Resolution No. 5776. Motion seconded by Councilmember Freedman and carried with Councilmember George abstaining. (Also see Redevelopment Agency minutes for September 5, 2000.)

CLOSED SESSION

The City Council meeting recessed at 4:12 P.M. to a Redevelopment Agency meeting and reconvened at 4:15 P.M. to a closed session to discuss the following:

1. Conference with labor negotiator - Government Code Section 54957.6

   -

   Agency negotiator: Ren? Mayne, Labor Management Success Employee organizations: Redlands Association of Management Employees, Redlands Association of Mid-Management Employees, Redlands Police Officers Association, Redlands Association of Safety Management Employees, Redlands Professional Fire Fighters Association, General Employees Association of Redlands

2. Conference with labor negotiator - Government Code Section 54957.6
   - Agency negotiator: Members of the City Council
   Elected Official: City Clerk (did not transpire)
3. Conference with labor negotiator - Government Code Section 54957.6

   -	Agency negotiator:	Members of the City Council
   	Elected Official:	City Treasurer

4. Conference with real property negotiator Government Code Section 54956.8

   -	Property:	1109 Herald Street
   	Negotiating parties:	Marjie Pettus and Joyce Hughes
   	Under negotiation:	Terms and price

5. Conference with real property negotiator Government Code Section 54956.8

   -	Property:	Lugonia Water Company Water Stock
   	Negotiating parties:	Gary Phelps and Ms. Clement (Mullin Estate)
   	Under negotiation:	Terms and price

6. Conference with legal counsel: Existing litigation - Government Code Section 54956.9(a)

   -	Cuaron v. City of Redlands - Case No. SCV 54931
   -	City of Redlands v. County of San Bernardino and Majestic Realty Company - Case Nos. SCV 33330, 293198, 21447, an SCV 39504

7. Conference with legal counsel: Anticipated litigation - Government Code Section 54956.9(c) - One case
8. Conference with legal counsel: Government Code Section 54957 - Public Employee Appointment

The meeting reconvened at 7:00 P.M.

Thomas Kinkade Lithographs - Fire Chief Enslow announced the winners, Lynette Rassmusson and Pam O'Camb (City Clerk for the City of Loma Linda), of the sponsorship donor drawing of Thomas Kinkade's lithographs Carmel, Sunset on Ocean Avenue, and Hometown Morning which were donated Norman and Ida Wenzel, Chandler's Cove. Fire Chief Enslow announced $6,000.00 was received from this undertaking and that $32,901.00 has been collected for the purchase of a vehicle to tow the Life Safety Trailer. On behalf of the City, Mayor Gilbreath expressed deep appreciation to Mr. and Mrs. Wenzel for their efforts.

General Plan Amendment No. 71; Zone Change No. 374; and Agriculture Preserve Removal No. 93 - Public hearing was continued to this time and place to consider approval of Draft Negative Declaration for

1. Resolution No. 5765 for General Plan Amendment No. 71, a change of the General Plan designation from Rural Living to Very Low Density Residential on four (4) parcels bounded by La Salle Street to the west, Fifth Avenue to the north, Wabash Avenue to the east, and Sixth Avenue to the south, Assessor Parcel Nos. 174-202-01, 174-202-02, 174-202-03 and 174-202-04 (Willard Farquhar, Stanley Lamkie, Karin Godfrey and Jane Mishak, applicants);
2. Resolution No. 5766 for Agricultural Preserve No. 93 for the removal of two parcels from the Agricultural Preserve bounded by La Salle Street to the west, Fifth Avenue to the north and Wabash Avenue to the east, Assessor Parcel Nos. 174-202-01 and 174-202-02 (Willard Farquhar and Stanley Lamkie, applicants); and
3. Ordinance No. 2442 for Zone Change No. 374, a change of zone from A-1 (Agricultural - five-acre lots) District to R-E (Residential Estate - 14,000 square foot lots) District on three parcels bounded by La Salle Street to the west, Fifth Avenue to the north and Sixth Avenue to the south, Assessor Parcel Nos. 174-202-01, 174-202-02 and 174-202-04 (Willard Farquhar, Stanley Lamkie and Karin Godfrey, applicants).

Community Development Director Shaw review these applications and explained the applicants wished to continue pursuit of the R-E zoning. Mayor Gilbreath declared the meeting open as a public hearing for any questions or comments. Willard Farquhar and Stanley Lamkie urged the City Council to approve their applications. Robert Frost declared his support for their request. Their being no further comments, the public hearing was closed. Councilmember Freedman stated he felt this was premature and would prefer to have these requests come forward when a project is proposed.

Negative Declaration - Councilmember Haws moved to approve the Negative Declaration for Resolution No. 5765 for General Plan Amendment No. 71 and Ordinance No. 2442 for Zone Change No. 374 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 Peppler and carried with Councilmember Freedman voting NO.

Resolution No. 5765 - General Plan Amendment No. 71 - Councilmember Haws moved to adopt Resolution No. 5765, a resolution of the City Council of the City of Redlands for adoption of Amendment No. 71 to the General Plan. Motion seconded by Councilmember Peppler and carried with Councilmember Freedman voting NO.

Ordinance No. 2442 - Zone Change No. 374 - Ordinance No. 2442, 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. 374, was read by title only by City Clerk Poyzer, and on motion of Councilmember Haws, seconded by Councilmember Peppler, further reading of the ordinance text was waived, and Ordinance No. 2442 was introduced and laid over under the rules with adoption scheduled for September 19, 2000, with Councilmember Freedman voting NO

Resolution No. 5766 - Agriculture Preserve Removal No. 93 - Councilmember Haws moved to adopt Resolution No. 5766, a resolution of the City Council of the City of Redlands amending Agricultural Preserve Boundaries previously established by Resolution No. 5719 and to approve Agriculture Preserve Removal No. 93 based on the following findings:

1. The applicants are the legal owner of record;
2. The land requested to be removed from the Agriculture Preserve is adjacent to a developed zone other than agriculture;
3. The applicant is in conformity with the Redlands General Plan;
4. 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
5. Development of adjoining contract land is in a pattern that assures the shortest common boundary with fencing provided as necessary to mitigate the impact of urban development on continued agriculture use.

Motion seconded by Councilmember Peppler and carried unanimously.

Resolution No. 5764 - Housing Element Update - Public hearing was continued to this time and place to consider Resolution No. 5764, an update of the Housing Element of the City of Redlands General Plan. Community Development Director Shaw explained the City Council continued this public hearing on July 18, 2000, to allow interested Councilmembers the opportunity to discuss this matter in more detail with staff and the consultant. Noting that a meeting has been scheduled in the near future, Councilmember Freedman moved to continue this public hearing until October 3, 2000. Motion seconded by Councilmember Haws and carried unanimously.

Planning Commission Review and Approval No. 712 - Public hearing was advertised for this time and place to consider approval of a Draft Mitigated Negative Declaration and the Socio-Economic Cost/Benefit Study for Planning Commission Review and Approval No. 712 for the development of an eighty-four (84) unit apartment complex on approximately 8.8 acres, located at the southwest corner of Orange Avenue and Nevada Street in the EV/3000RM (Multiple Family Residential) District of the East Valley Corridor Specific Plan area (Gardner Construction & Development, LLC., applicant). Community Development Director Shaw explained the project. He also pointed out an issue raised at a recent Planning Commission meeting regarding Measure U and its policy change to the General Plan relative to the housing mix at buildout. Councilmembers discussed this issue at length. Mayor Gilbreath declared the meeting open as a public hearing for any questions or comments. Authors of Measure U, William Cunningham and Tex Moore, addressed the City Council at length regarding the housing mix ratio. In an attempt to placate the authors of Measure U, Councilmember Haws held a lengthy conversation with them. On behalf of Gardner Construction & Development, LLC, Mark Gardner urged the City Council to approve their application. Councilmember Haws moved to continue this public hearing to October 3, 2000, and directed staff to schedule a workshop session to discuss the housing mix ratio issue. Motion seconded by Councilmember Freedman and carried unanimously.

CRA No. 718 - Minor Subdivision No. 253 - Public hearing was advertised for this time and place to consider approval of Draft Mitigated Negative Declaration and Socio-Economic Cost/Benefit Study for Planning Commission Review and Approval No. 718 for the construction of eleven (11) industrial concrete tilt-up buildings totaling 195,546 square feet on 11.7 acres generally located on the southeast corner of Redlands Boulevard and New Jersey Street in the EV/IC (Commercial Industrial) District of the East Valley Corridor Specific Plan and Minor Subdivision No. 253 for the subdivision of 15.34 acres into fourteen (14) commercial/industrial lots on property generally located on the southeast corner of Redlands Boulevard and New Jersey Street in the EV/IC (Commercial Industrial) District of the East Valley Corridor Specific Plan (Essex Realty Management, applicant). Community Development Director Shaw explained the project. Mayor Gilbreath declared the meeting open as a public hearing for any questions or comments. None being forthcoming, the public hearing was declared closed. Councilmember Freedman moved to approve the Negative Declaration for Planning Commission Review and Approval No. 718 and Minor Subdivision No. 253 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 Planning Commission Review and Approval No. 718 and Minor Subdivision No. 253 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 1.175. Motion seconded by Councilmember George and carried unanimously. Councilmember Freedman moved to approve Planning Commission Review and Approval No. 718 subject to all department conditions and the following findings:

1. The southeast corner of Redlands Boulevard and New Jersey Street is appropriate for the proposed industrial/commercial use and has an adequate size and shape to accommodate the use;
2. The site properly related to New Jersey Street, Park Avenue, and Redlands Boulevard which have been designed and improved to carry the type and quantity of traffic to be generated by the proposed industrial/commercial development;
3. The proposed industrial/commercial development is 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. The proposed development is in compliance with the policies and standards as identified in the East Valley Corridor Specific Plan; and
5. The conditions of approval proposed are necessary to protect the public health, safety and general welfare.

Motion seconded by Councilmember George and carried unanimously. Councilmember George moved to approve Minor Subdivision No. 253 subject to all department conditions and the following findings:

1. The proposed subdivision is consistent with the General Plan and the East Valley Corridor Specific Plan;
2. The design or improvements of the proposed subdivision are consistent with the General Plan and the East Valley Corridor Specific Plan;
3. The 14 proposed parcels are physically suitable for the type of development permitted in the Commercial/Industrial District of the East Valley Corridor Specific Plan;
4. The site is physically suitable for the proposed density of development;
5. 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. The design of the subdivision or type of improvements are not likely to cause serious public health problems;
7. The design of the subdivision or 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
8. 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.

Motion seconded by Councilmember Haws and carried unanimously.

Casa Deodara Project - David A. Van Diest and Rosa E. G?ez - Public hearings were continued to this time and place to consider a Negative Declaration for General Plan Amendment No. 65 and Specific Plan No. 52 for a 16 unit apartment complex on 1.16 acres of property located on the southeast corner of Clifton Avenue and San Mateo Street. Community Development Director Shaw reported that the proposed project entails the preservation and rehabilitation of eight existing units which are contained within a historic church building, six unique apartment units that were constructed in 1928 and construction of eight new two-story townhouse-style apartment units within the interior of the site. The project would include on-site amenities such as improved private and common open space areas, carports, and a pool/spa area. At the Planning Commission meeting a significant number of the public spoke in favor of the project; a consensus of the public appears to be a willingness to accept the increased density of the project as a trade-off to facilitate a project that preserves the unique structures on the property. Staff reports included petitions from the public that are either in favor of the project or in opposition. Community Development Director Shaw reviewed meetings held with the applicants to explore ways to reduce the costs so that a less dense project would still be economically viable to accomplish preservation of the unique structures on the property. Mayor Gilbreath declared the meeting open as a public hearing for any questions or comments. David Van Diest and Rosa G?ez addressed the City Council indicating they did not wish to reduce the density of this project. Speaking in favor were: Lee Hunt, Darlene Hunt, Tamara Madai, Norman Cosme, Dan Cocco, Shirley Perry, Jeanette Cortez, and Alexander Justice. A letter in support was read from Larry Garcia and Irma Villarreal. Speaking in opposition to the project were: Ron Wright, Chris Sedmack, and Tom Crist. At the conclusion of the public input, Councilmembers each expressed their opinions: Councilmember Freedman indicated his concern this action would be setting a precedent for apartments in the area; Councilmember Haws expressed concern about the housing mix ratio and did not feel an apartment complex belonged in this neighborhood; Councilmember Peppler urged the City Council to proceed with approval to preserve these unique structures; Councilmember Gilbreath was supportive of this creative re-use; Councilmember George felt 16 units was too dense for this neighborhood but assured the applicants that if they could get support from the Historic and Scenic Preservation Commission, he would support their project. Councilmember Gilbreath moved to continue this matter and directed the applicant and staff to meet with the Historic and Scenic Preservation Commission and seek historic designation and have that commission review their plans and work out a solution. Motion seconded by Councilmember Peppler and carried unanimously.

Recess - The City Council meeting briefly recessed at 9:25 P.M. and reconvened at 9:37 P.M.

Redlands Sports Complex - Public Works Director Mutter reported staff has been in the process of developing conceptual plans for a major sports complex at the northwest corner of San Bernardino Avenue and Wabash Avenue for the past five years and presented the following matters for Councilmembers' consideration.

Request for Proposal - Redlands Sports Complex - Councilmember Haws moved to direct staff to request proposals from interested firms to enter into a contract for exclusive negotiation rights with the City of Redlands for the development and operation of the Sports Complex and to form an ad hoc committee to review the proposals. Motion seconded by Councilmember Gilbreath and carried unanimously. Members of the Recreation Contractor Selection ad hoc committee will be: Councilmember Peppler, Councilmember Haws, Parks Commissioner Brian King, Recreation Commissioner Keith Shoemaker, Public Works Director Mutter, Community Development Director Shaw, Chief of Water Resources Douglas Headrick, Finance Director Johnson, and Community Services Division Manager Marjie Pettus. Bruce Laycook expressed concern that there were no representatives on this committee from a public organization such as AYSO. He was assured such organizations would be involved in the actual development of the Sports Complex.

Indemnification Agreement - Operating Engineers Training Trust - Public Works Director Mutter reported the Operating Engineers Training Trust has offered to assist the City with certain construction-related grading work at the Sports Complex. This work is offered at no cost to the City in exchange for providing the Trust with the opportunity to train new operators in heavy construction work. Councilmember George moved to approve an indemnification agreement with the Operating Engineers Training Trust for grading operations at the Sports Complex. Motion seconded by Councilmember Haws and carried unanimously.

Funds - Traffic Study Contract - Redlands Sports Complex - Public Works Director Mutter reported as staff has been preparing various required actions for the proposed Sports Complex, it is apparent that a detailed traffic study will be necessary as a part of the environmental (CEQA) process. Councilmember Haws moved to authorize a contract through the normal Purchase Order process with WPA Traffic Engineering to provide a traffic study for the proposed Sports Complex, and to authorize an appropriation in the amount of $19,500.00 from the General Fund with the understanding part of the grant funding authorized by the State will be used to reimburse the General Fund. Motion seconded by Councilmember Freedman and carried unanimously.

Airport Land Use Compatibility Plan - Redlands Sports Complex - Public Works Director Mutter reported the Redlands Municipal Airport is affected by the proposed Sports Park project. Currently the helicopter flight pattern is located on the south side of the airport runway resulting in aircraft overflights over the Sports Park, but by relocating the helicopter flight pattern and helicopter pad to the north side of the runway, the Compatibility Zone for the area will change which allows "park" as one of the allowable uses. He then reviewed the process and the timing and financing to make this change.

Resolution No. 5794 - Grant Application - Redlands Sports Complex - Councilmember Gilbreath moved to adopt Resolution No. 5794, a resolution of the City Council of the City of Redlands approving the application for grant funds for the Redlands Sports Complex. Motion seconded by Councilmember Peppler and carried unanimously.

Ordinance No. 2452 - Nuisance Abatement - Ordinance No. 2452, an ordinance of the City of Redlands amending Chapter 8.04 of the Redlands Municipal Code relating to nuisance abatement which will allow the City to recover attorneys' fees in any action, administrative proceeding or special proceeding to abate a nuisance in accordance with Government Code Section 38773.5, was read by title only by City Clerk Poyzer, and on motion of Councilmember Gilbreath, seconded by Councilmember George, further reading of the ordinance text was unanimously waived, and Ordinance No. 2452 was introduced with unanimous Council approval and laid over under the rules with adoption scheduled for September 19, 2000.

Appeal - CUP No. 677 - United Pentecostal Church - The United Pentecostal Church of Redlands has requested temporary deferment of the Public Works requirements for Conditional Use Permit No. 677 for property located at the southwest corner of Highland Avenue and Ford Street (APN 174-161-36) in lieu of posting bonds, as required, in order to obtain building permits. The appellant has set up a meeting with staff to be held on September 13, 2000, and he requested a continuance of this appeal. Councilmember Freedman moved to continued this item to September 19, 2000. Motion seconded by Councilmember Haws and carried unanimously.

Recycled Water Project - Councilmember Freedman moved to accept the $5 million grant from the Safety Drinking Water, Clean Water, Watershed Protection and Flood Protection Bond Act of 2000 (Proposition 13, approved by the California Voters on March 7, 2000) to assist in funding a recycled water project. Motion seconded by Councilmember Haws and carried unanimously. Councilmembers congratulated Chief of Water Resources Douglas Headrick on a job well done.

Agreement - Provision of Recycled Water - Reporting he had not only obtained the $5 million grant but he also had a customer for recycled water, Chief of Water Resources Douglas Headrick explained that Mountainview Power Company, located on the northeast corner of San Bernardino and Mountain View Avenues, would like to use treated effluent from the City's Wastewater Treatment Plant instead of potable groundwater supplies. Councilmember George moved to approve an agreement for the provision of recycled water with Mountainview Power Company, LLC. Motion seconded by Councilmember Haws and carried unanimously. Councilmembers again commended Chief of Water Resources Douglas Headrick for his efforts.

Ordinance No. 2454 - Water Service - Ordinance No. 2454, an ordinance of the City of Redlands amending Chapter 13.12 of the Redlands Municipal Code relating to prepayments for domestic water service, was presented by Municipal Utilities Director Phelps with amendments which he explained. The current requirement for the collection of prepayments does not specifically state certain criteria for the refund of the prepayment. This ordinance addresses this issue. Ordinance No. 2454 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 unanimously waived, and Ordinance No. 2454 was introduced with unanimous Council approval and laid over under the rules with adoption scheduled for September 19, 2000.

Ordinance No. 2453 - Adult-Oriented Businesses - City Attorney McHugh explained the need to amend the provisions governing the issuance of adult-oriented business permits. Ordinance No. 2453, an urgency ordinance of the City of Redlands amending Chapter 8.76 of the Redlands Municipal Code relating to adult-oriented businesses, was read by title only by City Clerk Poyzer, and on motion of Councilmember Haws, seconded by Councilmember Gilbreath, further reading of the ordinance text was unanimously waived, and Ordinance No. 2453 was adopted by the following vote:

AYES:	Councilmembers George, Freedman, Peppler, Haws; Mayor Gilbreath
NOES:	None
ABSENT:	None

Ordinance No. 2455 - Adult Oriented Businesses - Ordinance No. 2455, an ordinance of the City of Redlands amending Chapter 8.76 of the Redlands Municipal Code relating to adult-oriented businesses, was read by title only by City Clerk Poyzer, and on motion of Councilmember Haws, seconded by Councilmember Freedman, further reading of the ordinance text was unanimously waived, and Ordinance No. 2455 was introduced with unanimous Council approval and laid over under the rules with adoption scheduled for September 19, 2000.

AB 1544 Challenge - Under Government Code Section 54956.9(c), City Attorney McHugh reported the City Council voted, in closed session, to initiate litigation against the State of California and re-file action challenging AB 1544. This was done by the following vote:

AYES:	Councilmembers Freedman, George; Mayor Gilbreath
NOES:	Councilmembers Peppler and Haws

World Peace - Alice M. Morse addressed the City Council and urged them to form a World Peace Committee in Redlands. She also addressed the need to cover pornographic displays in a decent manner and left two heritage cloths for the City's use.

ADJOURNMENT

There being no further business, the City Council meeting adjourned at 10:19 P.M. The next regular meeting will be held on September 19, 2000.

_________________________
City Clerk

Mayor Gilbreath called the meeting to order which was immediately recessed to a closed session to discuss the following:

1. Conference with legal counsel: Existing litigation - Government Code Section 54956.9(a)

   - City of Redlands v. State of California, Case No. 00-CS-01094

The City Council meeting reconvened at 7:08 P.M. Councilmember Gilbreath moved to add the following item to the agenda which arose subsequent to the agenda being posted:

1. Conference with legal counsel: Existing litigation - Government Code Section 54956.9(a)

   - City of Redlands v. County of San Bernardino -
      Riverside Superior Court Case No. 293198
   - City of Redlands v. Majestic Realty SCV 38504

Motion seconded by Councilmember George and carried unanimously. The City Council recessed to continue the closed session.

The City Council meeting reconvened at approximately 8:15 P.M. Mayor Gilbreath explained why the City Council, at its August 1, 2000, meeting, had initiated a lawsuit at the State level challenging AB 1544 at the meeting held on August 1, 2000. At this meeting, she explained the City Council discussed an opportunity for a global settlement of several issues. Mayor Gilbreath moved to dismiss the lawsuit against the State of California without prejudice and authorized the City Attorney to make a settlement offer to the County of San Bernardino, Redlands Joint Venture, and Majestic Realty Company on the following points:

1. The County of San Bernardino, Redlands Joint Venture, Majestic Realty Company, and the City of Redlands will take all actions to dismiss with prejudice all existing litigation among them, in particular the contract action (as we call it) pending in Riverside Superior Court and the easement case pending in San Bernardino Superior Court as part of a stipulated judgement or order that is signed off by the judges.

2. As part of that process, the County of San Bernardino, as part of the stipulated order or judgement, will covenant that it will not, through itself, through its County service areas, or through its improvement zones, provide water or sewer service to the Donut Hole.

3. Upon the above events occurring, the Redlands City Council will dismiss with prejudice and without further action by the City Council its lawsuit against the State of California as to all constitutional claims, challenges, and actions it may have against the State under AB 1544.

4. The caveat to all of this is that this offer by the Redlands City Council to accomplish this global settlement and resolve this dispute that has occurred for the past seven years once and for all needs to be accepted by all parties, signed and agreed to, in approved form, by September 30, 2000.

Motion seconded by Councilmember George and carried unanimously.

Councilmember Freedman stated he would like to see this issue end. Councilmember Haws agreed and noted today's discussions evolved to attempt to end any and all problems in the Donut Hole forever. Councilmember Peppler expressed her appreciation that the City Council was able to have this discussion and come to an agreement. Mayor Pro Tem George said this is a unanimous Council willing to work with others and he hoped all parties would strive to meet the parimeters of this offer. Noting compromise had taken place, Mayor Gilbreath expressed her appreciation to Councilmembers for their willingness to compromise and to move forward to resolve this issue. Councilmembers expressed appreciation to Interim City Manager Burgess and City Attorney McHugh for their efforts during this meeting.

There being no further business, the City Council meeting adjourned at approximately 8:30 P.M.

Councilmember Peppler was absent from this meeting as she was in Philadelphia, Pennsylvania, attending the Republican National Convention.

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

CONSENT CALENDAR

Minutes - On motion of Councilmember George, seconded by Councilmember Haws, the minutes of the regular meeting of July 18, 2000, were approved as submitted.

Bills and Salaries - On motion of Councilmember George, seconded by Councilmember Haws, payment of bills and salaries was acknowledged.

Ordinance No. 2444 - Specific Plan No. 40, Amendment No. 14 - Ordinance No. 2444, an ordinance of the City of Redlands adopting Amendment No. 14 to Specific Plan No. 40, an amendment to the East Valley Corridor Specific Plan to create Section EV3.1413 entitled "Conditionally Permitted Uses," in the Science Research Park District and to add recycling operations for rock, sand, gravel, and waste concrete and asphalt as a conditionally permitted use, was adopted on motion of Councilmember George, seconded by Councilmember Haws, by the following vote:

AYES:	Councilmembers George, Freedman, Haws; Mayor Gilbreath
NOES:	None
ABSENT:	Councilmember Peppler

Resolution No. 5780 - Measure O Tax Rate - On motion of Councilmember George, seconded by Councilmember Haws, the City Council adopted, by AYE votes of all present, Resolution No. 5780, a resolution of the City Council of the City of Redlands levying a tax rate for fiscal year 2000-01 to service the annual principal, interest, and other charges relating to the Measure O 1994 General Obligation Refunding Bonds.

Resolution No. 5787 - Paramedic Tax Rate - On motion of Councilmember George, seconded by Councilmember Haws, the City Council adopted, by AYE votes of all present, Resolution No. 5787, a resolution of the City Council of the City of Redlands setting the special tax for emergency paramedic service for fiscal year 2000-01.

Agreement - Water Stock Purchase - Citing a potential conflict of interest, Mayor Gilbreath left the City Council Chambers, and Mayor Pro Tem George conducted the meeting for this matter. On motion of Councilmember Freedman, seconded by Councilmember Haws, the City Council authorized an agreement dated August 1, 2000, for the sale of water stock and temporary use of water with S-P East Highlands, LLC, for the purchase of 6,579 shares of Bear Valley Mutual Water Company stock for $953,955.00 by the following vote:

AYES:	Councilmembers George, Freedman, and Haws
NOES:	None
ABSTAIN:	Councilmember Gilbreath
ABSENT:	Councilmember Peppler

Agreement - Mill Creek Zanja Expanded Inlet - On motion of Councilmember George, seconded by Councilmember Haws, the City Council approved, by AYE votes of all present, a cooperative agreement with the San Bernardino County Flood Control District for improvements to the Mill Creek Zanja Inlet at Ninth Street and Redlands Boulevard.

Traffic Signals - California Street - On motion of Councilmember George, seconded by Councilmember Haws, the City Council authorized, by AYE votes of all present, staff to submit a ten percent (10%) commitment letter to the State of California, Department of Transportation, for cost sharing of the construction of traffic signals on California Street at the Interstate 10 freeway ramps.

Property Sale - 1329 Barton Road - On motion of Councilmember George, seconded by Councilmember Haws, the City Council authorized, by AYE votes of all present, the execution of a purchase and sale agreement and escrow instructions between the City of Redlands and Bruce L. Taber, DDS, for property located at 1329 Barton Road, Assessor's Parcel No. 172-481-02.

CDBG Amendment - Boys and Girls Club of Redlands - On motion of Councilmember George, seconded by Councilmember Haws, the City Council directed staff, by AYE votes of all present, to request the County Economic Development Department for an amendment to the County Community Development Block Grant Consolidated Plan in the amount of $12,000.00 for the Redlands Boys and Girls Club,

Rental Agreement - Aging and Adult Services - On motion of Councilmember George, seconded by Councilmember Haws, the City Council approved, by AYE votes of all present, an amended rental agreement with the San Bernardino County Department of Aging and Adult Services and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. This amendment extends the term of the original agreement to June 30, 2001, to house the County's Senior Referral Program at the Community Senior Center and specifies a rental payment of $200.00 per month.

Rental Agreement - Senior Nutrition Program - On motion of Councilmember George, seconded by Councilmember Haws, the City Council approved, by AYE votes of all present, an amended rental agreement with the San Bernardino County Department of Community Services and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. This amendment extends the term of the original agreement to June 30, 2001, to house the Senior Nutrition Program which includes the Meals on Wheels program and specifies a rental payment of $825.00 per month.

Rental Agreement - Sunkissed Squares - On motion of Councilmember George, seconded by Councilmember Haws, the City Council approved, by AYE votes of all present, a rental agreement with Sunkissed Squares, an adult square dancing club which utilizes the Joslyn Senior center to host dances, and authorized the Mayor and City Clerk to execute the agreement on behalf of the City.

Lease Purchase Agreement - Police Cars - Councilmember Haws asked if this request for the lease purchase of police cars was one of the "wish list" items presented during budget study session. Finance Director Johnson and Police Chief Bueermann replied that three cars were included in the proposed budget and an additional two cars was on the "wish list" and approved by the City Council. Councilmember Freedman moved to approve a lease purchase agreement with Ford Motor Credit Company for five Ford Crown Victoria black and white police cars. Motion seconded by Councilmember George and carried by the following vote:

AYES:	Councilmembers Gilbreath, George, and Freedman
NOES:	Councilmember Haws
ABSENT:	Councilmember Peppler

Contract - State Mandated Cost Claiming Services - On motion of Councilmember George, seconded by Councilmember Haws, the City Council approved, by AYE votes of all present, a contract with DMG-Maximus to provide comprehensive State mandated cost claiming services to the City for fiscal year 2000-01.

Contract - PERMITS' Plus Software System - On motion of Councilmember George, seconded by Councilmember Haws, the City Council approved, by AYE votes of all present, a contract with Accela.com/Sierra Computer Systems, Inc. for the purchase, development, installation and training of the PERMITS' Plus Software System in an amount not to exceed $64,894.05 and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. On motion of Councilmember George, seconded by Councilmember Haws, the City Council approved, by AYE votes of all present, installation of Velocity Hall and authorized the Mayor to sign a letter of intent. This system will provide for the tracking and control or processes and permits within the Planning, Code Enforcement, and Building and Safety Divisions.

Funds - Excellence in Government Award - On motion of Councilmember George, seconded by Councilmember Haws, the City Council approved, by AYE votes of all present, an additional appropriation in the amount of $20,000.00 to the Police Department for public information materials pursuant to the Council for Excellence in Government award. The Redlands Police Department is a semi-finalist in the Innovation in American Government award process sponsored by the Council for Excellence in Government, the Ford Foundation, and Harvard University's Kennedy School of Government. As such, the department is slated to received $20,000.00 to be used to publicize its community policing model, Risk Focused Policing.

Resolution No. 5789 - Weed Abatement Costs - On motion of Councilmember George, seconded by Councilmember Haws, the City Council adopted, by AYE votes of all present, Resolution No. 5789, 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.

Appointment - Human Relations Commission - On motion of Councilmember George, seconded by Councilmember Haws, the City Council reappointed, by AYE votes of all present, Arthur Rand to the Human Relations Commission to a four-year term to July 2, 2004, as recommended by Mayor Gilbreath.

Agreement - City Manager - On motion of Councilmember George, seconded by Councilmember Haws, the City Council approved, by AYE votes of all present, an amendment to the date of employment with Larry E. Burgess for the Interim City Manager position to reflect the commencement date of May 16, 2000, rather than April 24, 2000.

Contract Award - EOC Improvements - Bids were opened and publicly declared on July 20, 2000, in the office of the Public Works Director for the construction of the Emergency Operations Center (EOC) Tenant Improvements Project. This project will construct temporary living quarters within the existing EOC building to house fire personnel from Fire Station No. 1 during renovation work on the existing station. The City sent plans and specifications requesting bids to seven local building contractors; the engineer's estimate was $10,000.00 and one bid was received as follows:

NBI General Contractors, Redlands

$13,969.00

NBI General Contractors was the only responsive/responsible bidder and staff recommended awarding them the contact in the amount of $13,969.00. This project is considered a Class 1 Categorical Exemption pursuant to Section 15301(a) of the California Environmental Quality Act Guidelines. This section provides an exemption for interior or exterior alterations involving things such as interior partitions, plumbing, and electrical conveyances. In response to his questions, staff advised Councilmember George that the EOC was handicapped accessible. On motion of Councilmember George, seconded by Councilmember Haws, this recommendation was approved, by AYE votes of all present, and the Mayor and City Clerk were authorized to sign the contract on behalf of the City.

Settlement Agreement - Dale Martin and PERS - A copy of an executed Settlement Agreement and Release with Dale Martin and the Public Employees' Retirement System (PERS) as agreed to by the City Council in a closed session was made public in accordance with the requirements of the Brown Act.

Agreement - University of Redlands - On motion of Councilmember George, seconded by Councilmember Haws, the City Council approved, by AYE votes of all present, a contract with the University of Redlands allowing the Police Department to provide management services as previously approved in concept by the City Council at the July 18, 2000, City Council meeting, and the Mayor and City Clerk were authorized to sign the contract on behalf of the City.

Agreement - Design of Fire Station No. 261 - On motion of Councilmember George, seconded by Councilmember Haws, the City Council approved, by AYE votes of all present, a consulting services agreement with Claremont Environmental Design Group, Inc. for the final design for Fire Station No. 261, and the Mayor and City Clerk were authorized to sign the contract on behalf of the City.

PLANNING AND COMMUNITY DEVELOPMENT

Agreement - Final Approval - Tract No. 16015 - On motion of Councilmember George, seconded by Councilmember Haws, the City Council approved, by AYE votes of all present, a subdivision improvement agreement for Tract No. 16015 located on the north side of Pioneer Avenue, east of Duke Street; Gardner Construction, applicant. On motion of Councilmember George, seconded by Councilmember Haws, the City Council granted final approval, by AYE votes of all present, to authorize recordation with the County Recorder.

Agreements - Final Approval - Tract No. 16082 - On motion of Councilmember Freedman, seconded by Councilmember George, the City Council approved, by AYE votes of all present, the Public Works Department Subdivision Improvement Agreement for Tract No. 16082 located north of Olive Avenue at the terminus of Ash and Roma Streets; J. F. O'Brien Construction Corporation, applicant. On motion of Councilmember Freedman, seconded by Councilmember George, the City Council approved, by AYE votes of all present, the Community Development Department Subdivision Improvement Agreement for Tract No. 16082. On motion of Councilmember Freedman, seconded by Councilmember George, the City Council accepted Tract No. 16082 and granted final approval, by AYE votes of all present, to authorize recordation with the County Recorder.

LATE BREAKING ITEM

Noting that the need to take action was immediate, Councilmember Gilbreath moved to add the following item to the agenda which arose subsequent to the agenda being posted: "Designation of Voting Delegate - League of California Cities Annual Conference" Motion seconded by Councilmember Haws and carried by AYE votes of all present. Councilmember Gilbreath moved to designate Councilmember Gilbreath to serve as the voting delegate for the League of California Cities' 2000 Annual Conference and Councilmember George to serve as the alternate voting delegate for the League of California Cities' 2000 Annual Conference. Motion seconded by Councilmember Haws and carried by AYE votes of all present.

EMINENT DOMAIN HEARINGS

Resolution No. 5783 - Home Depot Project - Resolution No. 5783, a resolution of the City Council of the City of Redlands declaring that the acquisition of a fee interest in a portion of certain real property by eminent domain is necessary for the widening of Lugonia Avenue in conjunction with the Home Depot Project, was set for a hearing at this time and place. City Attorney McHugh explained that Councilmember George has a potential conflict of interest on this matter and with the absence of Councilmember Peppler the necessary votes are not available at this time. Therefore, he recommended this hearing be continued to September 5, 2000. Councilmember Freedman moved to continue this hearing as recommended. Motion seconded by Councilmember Haws by the following vote:

AYES:	Councilmembers Gilbreath, Freedman, and Haws
NOES:	None
ABSTAIN:	Councilmember George
ABSENT:	Councilmember Peppler

Resolution No. 5784 - Colton and Wabash Project - Resolution No. 5784, a resolution of the City Council of the City of Redlands declaring that the acquisition of a fee interest in a portion of certain real property by eminent domain is necessary for the completion of the City's Colton and Wabash Avenues Intersection Project, was set for a hearing at this time and place. City Attorney McHugh explained that Councilmember Gilbreath has a potential conflict of interest on this matter and with the absence of Councilmember Peppler the necessary votes are not available at this time. Therefore, he recommended this hearing be continued to September 5, 2000. On behalf of the property owners, William and LaVesta Locklin, Attorney Wilfrid C. Lemann said this continuance was acceptable. Councilmember Freedman moved to continue this hearing as recommended. Motion seconded by Councilmember Haws by the following vote:

AYES:	Councilmembers George, Freedman, and Haws
NOES:	None
ABSTAIN:	Councilmember Gilbreath
ABSENT:	Councilmember Peppler

COMMUNICATIONS

City Council Appeals - At the request of Councilmember Freedman, City Attorney McHugh prepared a memorandum regarding City Council appeals of subordinate commission decisions. A few months ago, the City Council discussed the City's process for appealing decisions made by the Planning Commission and other subordinate bodies of the City. Currently the City Council policy is to allow an appeal by the City Council if a majority of a quorum of the City Council agrees to schedule that appeal. Ordinarily, this means an appeal only occurs with three votes of the City Council. Recently a case was decided by the Second District Court of Appeal which appears to put the questions that arose earlier to rest. City Attorney McHugh explained the Court's decision and noted the City Council may wish to revisit the question of whether it wants one Councilmember to have the ability to appeal a decision of a subordinate body, or whether it wants to retain the present unwritten policy that a majority of the City Council must make that type of decision. As part of the City's Municipal Code update process, the City Attorney will be working with the Community Development Director to ensure that the City's many appeal processes in the Municipal Code conform to the holding and guidelines enunciated recently by the Court of Appeal. Councilmember Freedman moved to include a provision for a single Councilmember to appeal any decision made by a subordinate body; motion seconded by Councilmember George. This motion was modified to include the appeal provision but to decide at the time the legislation is presented the number of Councilmembers needed for an appeal. The modified motion was approved by AYE votes of all present.

Fence Committee Liaison - Mayor Gilbreath moved to designate Councilmember Freedman as the City Council liaison to the Advisory Committee on Fences. Motion seconded by Councilmember George and carried by AYE votes of all present.

CLOSED SESSION

The City Council meeting recessed at 3:15 P.M. to a Redevelopment Agency meeting and reconvened at 3:23 P.M. to a closed session to discuss the following:

1. Conference with labor negotiator - Government Code § 54957.6
   • Agency negotiator: Ren? Mayne, Labor Management Success
   • Elected Officials: City Clerk and City Treasurer;
   • Contract employee: City Attorney; and
   • Employee organizations: Redlands Association of Management Employees, Redlands Association of Mid-Management Employees, Redlands Police Officers Association, Redlands Association of Safety Management Employees, Redlands Professional Fire Fighters Association, General Employees Association of Redlands

2. Conference with legal counsel: Existing litigation - Government Code § 54956.9(a)
   • City of Redlands v. County of San Bernardino - Riverside Superior Court Case No. 293198
   • City of Redlands v. Majestic Realty SCV 38504

3. Conference with legal counsel: Anticipated litigation - Government Code § 54956.9(b) - 1 Case

4. Conference with legal counsel: Anticipated litigation - Government Code § 54956.9(c) - 2 Cases

The meeting reconvened at 7:00 P.M.

PRESENTATION

Habitat Conservation Areas - Councilmember George reported the Riverside Land Conservancy (RLC) is working with the San Timoteo Greenway Conservancy on efforts to develop habitat conservation areas. Mr. Pete Dangermond, Executive Director of the Riverside Land Conservancy, reviewed the four components of their work: landowner donations; Santa Ana Watershed Protection Agency proposal to help fund the planning for the restoration of San Timoteo Creek; State Park project for designation as a new State Park and State Wildlife Area; and Environmental Protection Agency plan to optimize the use of funds appropriated for use in stream restoration and acquisition. Also speaking were: Anne Mohnike, San Timoteo Watershed Coalition; Lisa Pierce, San Timoteo Greenway Conservancy; Gary Strickland, San Timoteo Canyon Schoolhouse Committee; Greg Ballmer, Tri-County Conservation League; Pete Kiriakos, San Timoteo Greenway Conservancy; and Jerry Cody, San Timoteo Schoolhouse Committee. On behalf of all involved, Councilmember George expressed delight that funding is becoming available and recognized the efforts of Bill Cunningham who was instrumental in the beginning to protect San Timoteo Canyon. Councilmember George moved that the Redlands City Council endorse the efforts of the Riverside Land Conservancy to create major park and wildlife areas, and to recognize the Riverside Land Conservancy as the lead agency in the planning of the APA application, and directed our staff to cooperation with Mr. Dangermond and his group in these applications. Motion seconded by Councilmember Freedman and carried by AYE votes of all present. Councilmembers expressed their appreciation to the countless hours of volunteerism of these folks and were happy to see the cooperation between the Counties of San Bernardino and Riverside and the Cities of Loma Linda and Redlands.

PUBLIC HEARING

CR&A No. 713 - Coyote Aviation - Public hearing was advertised for this time and place to consider the Draft Negative Declaration and the Socio-Economic Cost/Benefit Study for Planning Commission Review and Approval No. 713 for the development of a 21,600 square foot structure containing 15 airplane hangars and two offices located at the Redlands Municipal Airport, 1745 Sessums Drive, in the A-D (Airport) District; Coyote Aviation, applicant. City Attorney McHugh informed Councilmembers that the applicant has requested that this application be referred back to the Planning Department. Community Development Director Shaw suggested re-advertising the public hearing at a future date which was agreeable to the applicant. Mayor Gilbreath declared the meeting open as a public hearing for any questions or comments. None being forthcoming, the public hearing was declared closed. No further action was taken at this meeting.

UNFINISHED BUSINESS

Redlands Sports Park - Mayor Pro Tem George reviewed the presentation at the last City Council meeting from organized labor, and moved to accept the generous offer of the International Union of Operating Engineers, Local 12, and the Riverside/San Bernardino Counties Building and Construction Trades Council of the AFL-CIO to assist in the construction of the Redlands Sports Park through their various apprenticeship training programs in coordination with City staff. Motion seconded by Councilmember Haws and carried by AYE votes of all present.

Resolution No. 5788 - Salary - Personnel Manager Olsen reported that at the City Council meeting held on July 5, 2000, Council directed staff to come back with a report on whether or not two classifications within the City were properly classified; she reviewed the staff's review and analysis of the Police Records Clerk and Electrician classifications. Staff is recommending that the salary for Police Records Clerks be tied to the Solid Waste Customer Service Representative which is currently at a level 39 and that the title Police Records Technician I/II be changed to Police Customer Service Representative. Staff is recommending no change to the title of Electrician. Staff reviewed these recommendations with Chris Prato of the San Bernardino Public Employees Association, and he did not express any concerns with the proposal. Councilmember George moved to adopt Resolution No. 5788, a resolution of the City of Redlands rescinding Resolution No. 5772 and establishing a salary schedule and compensation plan for City employees, which incorporates the recommendations for a title change and salary adjustment, effective August 6, 2000, and directed staff to talk with the Electrician. Motion seconded by Councilmember Freedman and carried by AYE votes of all present.

NEW BUSINESS

Agreement - Victoria School Recreation Program - Police Chief Bueermann explained that it has been a goal of the Recreation Commission to expand after-school recreation programs. There are several children in neighborhoods surrounding Victoria Elementary School who are currently lacking positive after school activities. Administrators at the school and Lois Lauer, the program's sponsor, contacted the Police Department's Recreation Bureau to examine the feasibility of bringing the successful Rec-N-Fx program to Victoria. Although Victoria School is located outside the Redlands' city limits, children attending the school will move on to Redlands' middle and high schools. Providing recreation services to Victoria students will promote regional collaborative efforts and expose children to youth development programs such as the Redlands Youth Coalition. The City will be reimbursed for the total cost of the program, including personnel, materials, equipment and transportation. Lois Lauer, a mentor at Victoria School, explained how the funds were collected: $10,000.00 from the Redlands Unified School District, $2,500.00 pledged donations from Lois Lauer's real estate agents, and $2,500.00 matching funds from Lois Lauer Realty. Annie Upshaw, Victoria School's principal, was also present at this meeting. Councilmember Haws moved to approve an agreement for contractual services with the Redlands Unified School District to provide after-school recreation programs at Victoria Elementary School, and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. Motion seconded by Councilmember Freedman and carried by AYE votes of all present.

Joint Meeting with Redlands School Board - Mayor Gilbreath asked staff to arrange a joint meeting with the Redlands Unified School District administrators and board members as has been held in the past.

Ordinance No. 2450 - Administrative Citation Process - City Attorney McHugh explained the California Government Code authorizes cities to establish a process for issuing administrative citations for code enforcement matters. This is an alternative process which the City's code enforcement team may pursue rather than filing citations with the court and proceeding through the judicial process. The Community Development Department, at the request of our local judges, has started an administrative citation process. Ordinance No. 2450 would ensure that the administrative process complies with State law and provides appropriate due process to those persons who may be the recipients of citations. Ordinance No. 2450, an ordinance of the City of Redlands adding Chapter 1.22 to the Redlands Municipal Code to establish an administrative citation and remedies process, was read by title only by City Clerk Poyzer, and on motion of Councilmember George, seconded by Councilmember Haws, further reading of the ordinance text was waived, and Ordinance No. 2450 was introduced, by AYE votes of all present, and laid over under the rules with adoption scheduled for September 5, 2000.

ADJOURNMENT

There being no further business, the City Council meeting adjourned at 7:56 P.M. The City Council will not meet on August 15, 2000; the next regular meeting will be held on September 5, 2000.

_________________________
City Clerk

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

PRESENTATION

HUD Program - This presentation was made at 7:00 P.M.

CONSENT CALENDAR

Minutes - On motion of Councilmember Haws, seconded by Councilmember Freedman, the minutes of the regular meeting of July 5, 2000, were approved as submitted.

Bills and Salaries - On motion of Councilmember Haws, seconded by Councilmember Freedman, payment of bills and salaries was acknowledged.

Planning Commission Actions - On motion of Councilmember Haws, seconded by Councilmember Freedman, the report of the Planning Commission meeting held on July 11, 2000, was acknowledged as received.

Ordinance No. 2433 - Wireless Service Facilities - Ordinance No. 2433, an ordinance of the City of Redlands adding Chapter 18.178 to the Redlands Municipal Code to establish zoning standards for wireless service facilities, antennas and towers, and amending Chapter 18.152 of the Redlands Municipal Code., was adopted on motion of Councilmember Haws, seconded by Councilmember Freedman, by the following vote:

AYES:	Councilmembers George, Freedman, Peppler, Haws; Mayor Gilbreath
NOES:	None.
ABSENT:	None.

Agreements - Recreation Bureau - On motion of Councilmember Haws, seconded by Councilmember Freedman, the City Council unanimously approved independent contractor agreements with Denise Goss, who will provide a computer class to develop participant skills in on-line research and various computer programs, and Michael Belzman, who will teach Experience the Facets of the Newspaper, an instructional journalism course, and authorized the Mayor and City Clerk to execute the documents on behalf of the City.

Rental Agreement - Inland Empire Stars - On motion of Councilmember Haws, seconded by Councilmember Freedman, the City Council unanimously approved a rental agreement with Inland Empire Stars to conduct youth baseball programs during the winter season at Community Park and authorized the Mayor and City Clerk to execute the documents on behalf of the City. In lieu of paying fees, the Stars will perform field improvements and maintenance to enhance the park. Receipts totaling a minimum of $8,000.00 will be submitted to staff.

Public Safety Management Services - University of Redlands - Retired Air Force Colonel Lawrence A. Barrett expressed concerns about the Police Department providing a police lieutenant to the University of Redlands as he felt the City should find a qualified person to work for the University of Redlands. Police Chief Bueermann explained the proposed program desired by the University of Redlands which will help enhance a safe environment at the University of Redlands. Councilmember Haws moved to authorize the Police Department to proceed with arrangements to provide public safety management services to the University of Redlands pending approval of an appropriate contract on August 1, 2000. Motion seconded by Councilmember Freedman and carried unanimously. Approval of this concept will require the addition of a police lieutenant to the Police Department and the appropriation of additional funds for the position, vehicle and related equipment which will be paid by the University of Redlands.

Release of Lien Agreement - On motion of Councilmember Haws, seconded by Councilmember Freedman, the City Council unanimously authorized the release of a lien agreement dated January 17, 1980, for improvements to the southwest corner of Rossmont Drive and Valley Vista Drive.

Resolution No. 5781 - Paramedic Tax Election - On behalf of the Redlands Professional Fire Fighters, Dan Crow informed Councilmembers they were willing to take on the challenge of the campaign for the increase in the Paramedic Tax; he urged Councilmembers to form a committee to organize fund raisers and offered to be the contact person until a committee is formed. Councilmembers expressed their appreciation for this support. Councilmember Freedman moved to adopt Resolution No. 5781, a resolution of the City Council of the City of Redlands calling and giving notice of the holding of a Special Municipal Election 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 7, 2000, and rescinding Resolution No. 5774. Motion seconded by Councilmember George and carried unanimously. The ballot measure now includes a provision to charge an additional amount to those non-residential occupancies that exceed more than ten medic responses in a 12 month period as requested by Councilmember Freedman at the July 5, 2000, meeting.

Employee Reclassification Issues - Personnel Manager Olsen reported that information is still being gathered in order to make a thorough evaluation prior to making any recommendations regarding the classifications of Electrician and Police Records Technician. It is expected that a full report will be made at the August 1, 2000, City Council meeting.

Contract - Wireless Demonstration Project - On motion of Councilmember Haws, seconded by Councilmember Freedman, the City Council unanimously approved an agreement with the County of Hennepin, State of Minnesota, to enable the Police Department to participate in a wireless demonstration project and authorized the Mayor and City Clerk to execute the documents on behalf of the City. The Redlands Police Department will participate as a Beta site in a project to develop an in-field fingerprint identification system by representatives from Digital Biometrics.

LATE BREAKING ITEM

Employee Grievance Hearing - Noting that the need to take action was immediate, Councilmember George moved to add the following item to the agenda which arose subsequent to the agenda being posted: "Request for grievance hearing by an employee of the City." Motion seconded by Councilmember Freedman and carried unanimously. Personnel Manager Olsen reported a request for a hearing was received on July 14, 2000, for an appeal hearing from an employee who was recently disciplined. This request is in accordance with the Memorandum of Understanding between the General Employees and the City of Redlands, Article 32, Appeal and Grievance Procedure. Personnel Manager Olsen explained the process and asked Councilmembers for direction as to how they wanted to proceed. Councilmember Freedman moved to designate Mayor Gilbreath and Councilmember Haws to hear the appeal and report to the City Council their recommendation. Motion seconded by Councilmember Peppler and carried unanimously.

COMMUNICATIONS

UDHOPA Negotiations - Acting City Manager Johnson reported that neither the City Manager's Office nor the City Attorney's Office has been contacted since the City Council offered to make staff available for continued negotiations regarding the donut hole. Now that AB 1544 has been signed by the Governor, Councilmember Haws reiterated the "door is open" for discussion with any property owner in the Donut Hole.

Appreciation - Mayor Gilbreath thanked Finance Director Johnson for her service as Acting City Manager during the absence of the Interim City Manager. Mayor Gilbreath acknowledged new camera operators present who were volunteering their time to televise the meeting live and thanked them for their service.

Donut Hole Infrastructure - Municipal Utilities Director Phelps reported that in October of 1999, the City of Redlands asked CH2M HILL to begin a study estimating the value of the water and wastewater facilities to serve the Donut Hole area. A preliminary report describing this study was sent to the City on June 19, 2000. Allan Highstreet, CH2M HILL, reviewed the background, approach, assumptions, and findings of this study noting that because of the preliminary nature of the study, there are significant data gaps in the analysis. Further study would be required to refine the analysis, particularly the dollar valuation estimate. The initial findings are:

• The Donut Hole area is in the planning area for both the wastewater and water master plans. The City has always planned to serve this area. Facilities have been put in place to serve this area and other facilities are planned (and have been designed) to serve this area.

• Based on the way the water and wastewater systems are planned and operated, it is very difficult to isolate the facilities into geographic area.

• Substantial investment in water and wastewater facilities would still be needed to serve the Donut Hole area.

• CH2M HILL's initial estimate of the investment in the water system to serve the Donut Hole is $1.6 million, while the wastewater system investment is $1.8 million. However, there are many facilities for which they could not find cost estimates. These would need to be added into the analysis. Additional analysis would increase the valuation.

AB 1544 - Mayor Pro Tem George expressed his disappointment that AB 1544 was signed into law by the Governor on July 14, 2000, and that he had no additional comments to make at this time as time was needed to assess its impact. Councilmember Freedman thanked Mayor Pro Tem George for his efforts.

S.H.U. Relocation - Mayor Pro Tem George reported an appropriation secured by Congressman Jerry Lewis under the Department of Veterans Affairs, Housing and Urban Development and Independent Agencies Act of 1998 produced $15 million in Federal Department of Housing and Urban Development funds to the County of San Bernardino for the purpose of neighborhood preservation in the Cities of Highland, Redlands and San Bernardino. This bill, known as the Neighborhood Initiative (HR 2158), is designed to promote innovative and transferable strategies to eradicate blight and revitalize neighborhoods. Mayor Pro Tem George thought it was time to go back to the Board of Supervisors and request additional funding to create a new home for Somos Hermanas Unidas (S.H.U.). He has discussed this issue with Supervisor Hansberger, and has been assured that if this is the wish of the City Council, Supervisor Hansberger will assist us at the County level. Executive Director Emma Lechuga presented information about their work and their need for a newer and larger facility designed specifically for their purposes. Councilmember George moved to draft a letter to the County Board of Supervisors to ask for consideration for further funding to assist Somos Hermanas Unidas. Motion seconded by Councilmember Freedman and carried unanimously.

Redlands Sports Park - Mayor Pro Tem George reported he has been involved in discussions with Phil Eckert, Business Manager of the Riverside and San Bernardino Counties Building and Construction Trade Council of the AFL/CIO; Dan Mays, Business Representative of Local 12A of the International Union of Operating Engineers; Ron Sikorski, District Representative of the Operation Engineers; and Darrel Shelton, Vice President of the Iron Workers of the State of California. The subject of those discussions has been the involvement of various organized labor apprenticeship programs in the construction and creation of the Redlands Sports Park and related open space improvements on the large parcel near the airport. These gentlemen met with Public Works Director Mutter and Mayor Pro Tem George to work out arrangements for apprenticeship help which would leverage the City of Redlands' money at work on this project. Messrs. Eckert and Sikorski addressed the City Council with an overview of how these programs work and specifically how they can be brought into play in Redlands. Councilmembers expressed their appreciation to Mayor Pro Tem George for his efforts.

CLOSED SESSION

The City Council meeting recessed at 3:53 P.M. to a Redevelopment Agency meeting and reconvened at 3:55 P.M. to a closed session to discuss the following:

1. Conference with labor negotiator - Government Code Section 54957.6

   -    Agency negotiator: Renée Mayne, Labor Management Success

   -    Elected Officials: City Clerk and City Treasurer;

   -    Contract employee: City Attorney; and

   -     Employee organizations: Redlands Association of Management Employees,
         Redlands Association of Mid-Management Employees, Redlands Police
         Officers Association,Redlands Association of Safety Management Employees,
         Redlands Professional Fire Fighters Association, General Employees
         Association of Redlands

2. Conference with legal counsel: Anticipated litigation - Government Code Section 54956.9(c) - One case

3. Conference with legal counsel: Existing litigation - Government Code Section 54956.9(a) - Raul Aspe v. City o Redlands et al, SCISS 61642

The meeting reconvened at 7:00 P.M.

PRESENTATION

HUD Program - Police Chief Bueermann and Tom Ramirez and Tom Lauren from the San Bernardino County Office of Economic and Community Development made a presentation regarding the Neighborhood Improvement Program which targets northside neighborhoods. This program is possible as a result of Federal grant monies that Congressman Lewis obtain several years ago. Dawkins Hodges, Neighborhood Housing Services also addressed the City Council. Community Services Division Manager Marjie Pettus reviewed the progress to date noting staff is celebrating our success and are very enthusiastic about this project. Following this presentation, Police Chief Bueermann left the meeting.

PUBLIC HEARINGS

Appeal - Minor Exception Permit No. 147 - Waters - Public hearing was advertised for this time and place to consider an appeal of the Advisory Committee on Fences' decision regarding installation of a wrought iron fence in the front setback area of properties located at 1002, 1006, 1016, 1022, and 1028 Tribune Street and 1001 Post Street (E. David Waters, appellant). Community Development Director Shaw explained the Advisory Committee on Fences reviewed the applicant's request on May 11, 2000, to allow the placement of a wrought-iron fence within the required front yard setback area higher than permitted by Code. After reviewing the submitted information and conducting an on-site inspection, the Committee unanimously approved this request but with certain modification. Consequently, the applicant disagreed with the action taken by the Fence Committee and in accordance with Section 18.168.100 of the Redlands Municipal Code, filed an appeal to the City Council. The appeal filed by the applicant focuses on the height of the fence. Minor Exception Permit No. 147 was to allow a fence height of six feet within the required front yard setback area. However, the Fence Committee, after conducting an on-site inspection of the subject properties and the surrounding area, unanimously agreed to only allow the placement of a five foot high wrought-iron fence which is one foot above the maximum height permitted by Code requirements on open fences within the front yard setback area. The applicant contends that the additional fence height is necessary in order to deter on-site trespassing and vandalism. The Fence Committee took this issue of concern into consideration; however, it was the consensus of the Committee that the combination of this five foot and the six foot high similar fences that will be placed between the existing carports along the alley will provide the necessary security to the subject properties. Mayor Gilbreath declared the meeting open as a public hearing for any questions or comments. The appellant, Mr. Waters, addressed the City Council urging them to allow the higher fencing for the properties at 1006 and 1002 Tribune Street and 1001 Post Street if not for all of the properties as he felt it was needed for safety; he also presented a petition signed by nine tenants asking for the six-foot high wrought iron fence. There being no further comments, the public hearing was declared closed. Councilmember Freedman moved to adopt the following findings in support of the Advisory Committee on Fence's action of May 11, 2000, and deny the appeal for Minor Exception Permit No. 147:

1. That the placement of the proposed six foot high wrought-iron fence at the front property line of the subject properties will have a negative impact on the character of the neighborhood and the parklike character and appearance of the City;

2. That the combination of five foot fence along the front property line and the six foot wrought-iron fence along the alley of the subject properties will provide the desired security and also minimize theft and vandalism;

3. That there are no extraordinary conditions or circumstances on the property to warrant approval of a wrought-iron fence higher than five feet within the required 25 feet front yard setback area of all properties; and

4. That there are no similar six foot high wrought-iron fences in the immediate area.

Motion seconded by Councilmember Haws and carried with Councilmembers George and Peppler voting NO.

Appeal - Minor Exception Permit No. 148 - Duhamell - Public hearing was advertised for this time and place to consider an appeal to the Advisory Committee on Fences' decision regarding installation of block walls in the front and side setback areas of property located at 1133 Chestnut Avenue (Toni Duhamell, appellant). Community Development Director Shaw explained the Advisory Committee on Fences reviewed the applicant's request on May 11, 2000, to allow the placement of a solid block wall within the required 25 foot front yard setback area (adjacent to side and front property lines) higher than permitted by the Redlands Municipal Code. The wall, which was constructed without building permits, includes a six foot high solid block wall along the west and east side property lines and a six foot high solid block wall with seven foot high block columns, and an eight foot, six inch entry archway placed along the entire length of the front property line. After reviewing the submitted information and conducting an on-site inspection of the subject property and the surrounding neighborhood, the Fence Committee unanimously denied this request. Consequently, the applicant disagreed with the action taken by the Fence Committee and in accordance with Section 18.168.100 of the Redlands Municipal Code, filed an appeal to the City Council. The appeal focuses on the Fence Committee's action to deny this request and require that this non-permitted block wall, which ranges between six feet and eight feet, six inches, be brought into compliance with Code Requirements. The Code requires that all solid fences within the front yard area can only have a maximum height of three feet. The applicant contends that the design makes the area look nicer and that it would cost too much money to bring it into compliance with the Code. The Fence Committee's determination to deny this request, took into consideration that the block wall would have a negative impact on the character of the neighborhood as there are no similar fences in the immediate area, and there are not any extraordinary conditions that would warrant this type of wall. The Fence Committee also took into consideration the expressed opposition to the wall from the surrounding neighbors. Mayor Gilbreath declared the meeting open as a public hearing for any questions or comments. James Lefevre, an attorney representing the Duhamells, addressed the City Council explaining the reasons they wished to retain the walls for safety of their family members. He agreed with Councilmembers that the appellant should not have proceeded with improvements to the property without having obtained the necessary permits but asked if this matter could be referred back to the Fence Committee for further study and an amicable solution. There being no further comments, the public hearing was declared closed. Indicating a willingness to work with the property owner, Councilmember Freedman moved to refer this matter back to the Fence Committee. Motion seconded by Councilmember George and carried unanimously.

General Plan Amendment No. 71; Zone Change No. 374; and Agriculture Preserve Removal No. 93 - Public hearing was advertised for this time and place to consider approval of Draft Negative Declaration for

1. Resolution No. 5765 for General Plan Amendment No. 71, a change of the General Plan designation from Rural Living to Very Low Density Residential on four (4) parcels bounded by La Salle Street to the west, Fifth Avenue to the north, Wabash Avenue to the east, and Sixth Avenue to the south, Assessor Parcel Nos. 174-202-01, 174-202-02, 174-202-03 and 174-202-04 (Willard Farquhar, Stanley Lamkie, Karin Godfrey and Jane Mishak, applicants);

2. Resolution No. 5766 for Agricultural Preserve No. 93 for the removal of two parcels from the Agricultural Preserve bounded by La Salle Street to the west, Fifth Avenue to the north and Wabash Avenue to the east, Assessor Parcel Nos. 174-202-01 and 174-202-02 (Willard Farquhar and Stanley Lamkie, applicants); and

3. Ordinance No. 2442 for Zone Change No. 374, a change of zone from A-1 (Agricultural - five-acre lots) District to R-E (Residential Estate - 14,000 square foot lots) District on three parcels bounded by La Salle Street to the west, Fifth Avenue to the north and Sixth Avenue to the south, Assessor Parcel Nos. 174-202-01, 174-202-02 and 174-202-04 (Willard Farquhar, Stanley Lamkie and Karin Godfrey, applicants).

Community Development Director Shaw reviewed the applications and staff's concerns with the proposed requests, noting the requests are contrary to the policy pertaining to maintaining certain areas as rural or agriculture. The Planning Commission on a majority vote (4 to 3) recommended to the City Council approval of these applications and the associated Negative Declaration. Mayor Gilbreath declared the meeting open as a public hearing for any questions or comments. Property owners Willard Farquhar, Thomas Godfrey, and Stan Lamkie addressed the City Council urging approval of these requests. Messrs. Farquhar and Godfrey assured Councilmembers they plan to continue farming the properties as long as possible but felt it was time to consider a change of allowable land use for their properties. Mr. Lamkie informed Councilmembers he and his wife are in their eighties, have owned the property for 40 years, and were in more desperate financial straits. He asked to be let out of the agriculture zoning. There being no further comments, the public hearing was declared closed. Councilmembers discussed this matter at length expressing a desire to have less density such as A-2 or R-R zoning. Councilmember Haws moved to continue this matter to September 5, 2000, to allow further discussion with staff about alternatives. Motion seconded by Councilmember George and carried unanimously.

Recycling Facility - Larry Jacinto - Public hearing was advertised for this time and place to consider approval of a Draft Mitigated Negative Declaration and Socio-Economic Analysis and Cost/Benefit Study for

1. Ordinance No. 2444 for Specific Plan No. 40, Amendment No. 14, an amendment to the East Valley Corridor Specific Plan to create Section EV3.1413, entitled "Conditionally Permitted Uses," in the Science Research Park District and add recycling operations for rock, sand, gravel, and waste concrete and asphalt as a conditionally permitted use; and

2. Conditional Use Permit No. 699 to permit a recycling operation for rock, sand, gravel and waste concrete and asphalt on approximately 10.06 acres located west of Texas Street and south of the Santa Ana River Wash in the EV/SRP, Science Research Park, District of the East Valley Corridor Specific Plan, (Larry Jacinto, applicant)

Community Development Director Shaw review the applications which were unanimously recommended for approval by the Planning Commission. Mayor Gilbreath declared the meeting open as a public hearing for any questions or comments. None being forthcoming, the public hearing was declared closed.

Negative Declaration - Councilmember George moved to approve the Negative Declaration for Ordinance No. 2444 for the adoption of Amendment No. 14 to Specific Plan No. 40 and Conditional Use Permit No. 699 for a recycling operation for rock, sand, gravel, and waste concrete and asphalt 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. 2444 - Amendment No. 14 to Specific Plan No. 40 - Ordinance No. 2444, an ordinance of the City of Redlands adopting Amendment No. 14 to Specific Plan No. 40 and amending Ordinances Nos. 2432, 2364, 2322, 2321, and 2320, was read by title only by City Clerk Poyzer, and on motion of Councilmember George, seconded by Councilmember Freedman, further reading of the ordinance text was unanimously waived, and Ordinance No. 2444 was introduced with unanimous Council approval and laid over under the rules with adoption scheduled for August 1, 2000.

Socio-Economic Cost/Benefit Study - Councilmember George moved to approve the Socio-Economic Cost/Benefit Study for Conditional Use Permit No. 699 as the project will not create unmitigable physical blight or over-burden public services in the community; that no additional information or evaluation is needed; that the project will not require the installation of any infrastructure or street improvements; and 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.

Conditional Use Permit No. 699 - Councilmember George moved to approve Conditional Use Permit No. 699 subject to the revised conditions of approval, all departmental recommendations, and the following findings:

1. That the site for the intended recycling facility 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 light industrial designated parcel;

2. That the site for the proposed project relates to the adjacent streets which are properly designed to carry the amount of traffic that will be generated by this proposed recycling facility;

3. That the proposed project 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 approved site plan are necessary to protect the public health, safety, or general welfare.

Motion seconded by Councilmember Freedman and carried unanimously.

Resolution No. 5764 - Housing Element - Public hearing was advertised for this time and place to consider approval of the Draft Negative Declaration for General Plan Amendment No. 72 to update the Housing Element of the Redlands General Plan. Community Development Director Shaw reported California Government Code Sections 65580 through 65589 mandates the preparation of a Housing Element as part of the City's General Plan. In general, the element must be updated every five years. The City of Redlands last adopted its Housing Element in October of 1995, thus it is appropriate for this update to occur at this time. In addition, Section 65588(e)(1) specifically requires that local jurisdictions within the SCAG region complete their update by June 30, 2000. Action today will bring the City into compliance with State law. Jeff Goldman, Parsons Harland Bartholomew & Associates, reviewed the document. Mayor Gilbreath declared the meeting open as a public hearing for any questions or comments. Stating he was concerned about some of the modifications in this document and wanted further time to discuss them with Community Development Director Shaw, Councilmember Freedman moved to continue this public hearing to September 5, 2000. Motion seconded by Councilmember George and carried unanimously.

UNFINISHED BUSINESS

Deodora Apartments - Consideration of a Draft Negative Declaration for General Plan Amendment No. 65 and Specific Plan No. 52; Resolution No. 5752 for General Plan Amendment No. 65 to change from Low-Density Residential (0 to 6.0 units per gross acre) to Medium-Density Residential (0 to 15.0 units per gross acre); and Resolution No. 5754 for Specific Plan No. 52, a specific plan of development for a 16 unit apartment complex on 1.16 acres of property located on the southeast corner of Clifton Avenue and San Mateo Street (Deodora Apartments, David A. Van Diest and Rosa E. Gomez, applicant) was continued from May 16, 2000, to June 20, 2000 and to July 18, 2000. Again, at the request of the applicant for additional time to complete requisite work necessary for the City Council to review before making a determination on their project, Councilmember Freedman moved to continue this matter to September 5, 2000. Motion seconded by Councilmember George and carried unanimously.

Mining Tax Agreements - Since the last City Council meeting, members of the City's "Wash Committee" (Councilmembers George and Haws) have continued to meet with representatives of Robertson's Ready Mix and CEMEX, U.S.A. regarding their proposals for a mining tax. These formal and informal discussions have resulted in the two mining companies presenting draft proposals to the City for its consideration. The City Attorney's office has spoken with the attorneys for both Robertson's and CEMEX and has suggested revisions to the draft agreement. Those comments are being addressed in the final agreements. Both agreements were presented at this meeting. Councilmembers extended their compliments to Robertson's and CEMEX noting they were responsible corporate citizens. Councilmember George moved to approve the agreements with Robertson's Ready Mix, LTD, a California Limited Partnership, and CEMEX U.S.A. Construction Materials, Inc., a Texas Corporation, and authorized the Mayor and City Clerk to execute the documents on behalf of the City. Motion seconded by Councilmember Haws and carried unanimously.

Mining Tax Election - Resolution No. 5785, a resolution amending Resolution No. 5781 by adding an additional measure on the November ballot relating to the establishment of a business license tax on the extraction and processing of rock, sand and gravel, and Resolution No. 5786, a resolution setting priorities for filing a written argument regarding the mining tax measure, were withdrawn from the agenda as they were not needed.

Ordinance No. 2443 - General Fund Reserve Policy - Consideration of Ordinance No. 2443, an ordinance of the City of Redlands adding Chapter 3.10 to the Redlands Municipal Code to establish a General Fund Reserve Policy, was continued from June 6, 2000, to this meeting. Councilmember Freedman moved to table this proposal until the final financial figures from the State are available. Motion seconded by Councilmember Haws and carried unanimously.

NEW BUSINESS

Transit Center - Councilmember George left the City Council Chambers and did not participate in this discussion due to a potential conflict of interest. Public Works Director Mutter reported that several months ago, the City Council approved a contract with L. D. King, Inc. to provide the engineering design for the Transit Center on Redlands Boulevard between Third and Orange Streets. This process was to occur in two stages, the first being a concept followied by the actual design of construction drawings. The Transit Center Development Team has held several meetings to discuss the concept. L. D. King, Inc. has provided their final recommended concept based on input and suggestions from the team. It is suggested and recommended that the project be developed in phases due to funding. The first phase is funded through the PVEA Grant and has a total of approximately $300,000.00 available for construction. Phase I would provide for the reconstruction of a portion of the median island to include adjustments to the lengths of the left-turn pockets, installation of landscaping and construction of a tubular steel fence. In addition, the intersection of Redlands Boulevard and Third Street would be reconstructed to provide a pavement treatment similar to Redlands Boulevard and Orange Street. Stamped concrete would be utilized in lieu of brick pavers. A traffic signal would be installed to provide for safer pedestrian crossing. This work will allow for the pedestrian access along Third Street and shown in Specific Plan No. 45. Subsequent phases can be developed depending on funding. The concept plan prepared includes future improvements along Redlands Boulevard with certain traffic calming measures which would be incorporated while maintaining two lanes in each direction. Councilmember Freedman moved to approve the Phase I concept plan for the transit center on Redlands Boulevard between Third Street and Orange Street and directed staff to proceed with the bidding process. Motion seconded by Councilmember Peppler and carried by AYE votes of all present.

Electronic Communication - Councilmember Haws asked staff to look into enhancing communication between members of the City Council, the staff and the public through electronic communication while staying within the guidelines of the Brown Act and report back to the City Council at the first meeting in October.

ADJOURNMENT

There being no further business, the City Council meeting adjourned at 9:05 P.M. The next regular meeting will be held on August 1, 2000.

The meeting was opened with an invocation by Councilmember Haws who thanked members of the Redlands 4th of July Committee, under the leadership of Bill McCalmon, for their efforts in organizing a wonderful Independence Day celebration. The invocation was followed by the pledge of allegiance.

CONSENT CALENDAR

Minutes - On motion of Councilmember George, seconded by Councilmember Freedman, the minutes of the adjourned regular meeting of June 20, 2000, the regular meeting of June 20, 2000, and the adjourned regular meeting of June 21, 2000, were approved as submitted.

Bills and Salaries - On motion of Councilmember George, seconded by Councilmember Freedman, payment of bills and salaries was acknowledged.

Planning Commission Actions - On motion of Councilmember George, seconded by Councilmember Freedman, the report of the Planning Commission meeting held on June 27, 2000, was acknowledged as received.

Resolution No. 5774 - Special Municipal Election - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5774, a resolution of the City Council of the City of Redlands calling and giving notice of the holding of a Special Municipal Election 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 7, 2000. The measure to be submitted relates to a special tax for emergency paramedic services. Later in the meeting, Councilmember Freedman asked staff to further review the fee schedule and return the proposed ordinance to the City Council on July 18, 2000.

Agreement - Joslyn Senior Center - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously approved an independent contractor agreement with Judy Kea for basic art and drawing classes to be held in the Joslyn Senior Center.

Ordinance No. 2445 - Citrus Preservation Commission - Ordinance No. 2445, an ordinance of the City of Redlands amending Chapter 2.64 of the Redlands Municipal Code relating to membership of the City's Citrus Preservation Commission, was adopted on motion of Councilmember Gilbreath, seconded by Councilmember Haws, by the following vote:

AYES:	Councilmembers George, Peppler, Haws; Mayor Gilbreath
NOES:	Councilmember Freedman
ABSENT:	None

Contract - Interim City Manager - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously approved an agreement with Larry E. Burgess for employment as Interim City Manager.

Agreement - Street Sweeping by Mountainview Power - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously directed staff for formalize an agreement with Mountainview Power for contract street sweeping services relative to PM¹⁰ offsets (dust in the form of very fine particulate matters) and bring the agreement to the City Council for formal approval.

2000-01 Budget - Finance Director Johnson presented the finalized version of the 2000-01 budget as approved by the City Council on June 20, 2000, which included the "wish list" items which are reflected with more precise estimates and only one year of the three-year lease purchase contract for vehicles. With the concurrence of the Community Development Director and Personnel Manager, the request for funding of $7,500.00 for an increase in the salary of the vacant Associate Planner position was withdrawn as it was felt it would be more appropriately implemented as part of the compensation study. Councilmember Haws expressed concern about the vacant Associate Planner position. Councilmember Gilbreath moved to approve the 2000-01 General Fund appropriations in the amount of $27,699,895.00 and all other appropriations by fund totaling $51,465,531.00 as presented. Motion seconded by Councilmember Freedman and carried with Councilmember Haws voting NO as he did on June 20, 2000.

Resolution No. 5777 - Fire Department Fees - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5777, a resolution of the City council of the City of Redlands establishing fees for the Redlands Fire Department and rescinding Resolution No. 5361.

Agreement - Vector Monitoring Services - Landfill - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously authorized an agreement with the San Bernardino County Vector Control program to furnish vector monitoring services for the California Street Landfill alternative Interim Cover Project.

Agreement - Barton House - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously approved a consultant services agreement with Neal L. Smithhammer, Civil Engineer, for conducting structural analysis and retrofit design for the Barton House in the amount of $11,175.00.

Agreement - Church Street Widening Project - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously approved a consultant services agreement with Smothers Appraisal to conduct property appraisals for the right-of-way acquisition for the Church Street Widening Project from Redlands Boulevard to Colton Avenue in the amount not to exceed $25,000.00.

Resolution No. 5778 - Salary - Personnel Manager Olsen presented Resolution No. 5778 which reflects all salary changes which were approved by the City Council during the recent budget hearings. Included are positions which were added, eliminated or reclassified either by department head recommendation or by the City Council as "wish list" items. As part of the proposed budget, the Police Chief recommended a reorganization which included a ten percent upgrade in pay for the classification of Police Records Technician. Speaking on behalf of the Police Department Clerks, Kathy Avila and Barbara Wiggins asked the City Council to consider granting them equal wages of the other clerks within the City and explained their roles. Representing the General Employees, Chris Prato noted there are several inequities that need to be addressed and that to single out any particular group of employees in any department for selective salary adjustment was unfair and discriminatory to all other City employees. He asked that everyone be treated equally through bargaining and negotiations. Deputy Police Chief Hyman said he and Police Chief Bueermann felt the classification study was flawed in this instance as Redlands' Police Clerks do much more than other clerks do in other cities. Community Services Division Manager Marjie Pettus explained the reorganization effort in the Police Department; she also noted this group of employees appealed the consultant's recommendation that their positions not be reclassified but the appeal was not granted. Councilmember Freedman moved to adopt Resolution No. 5778, a resolution of the City of Redlands rescinding Resolution No. 5772 and establishing a salary schedule and compensation plan for City employees, as presented. Motion seconded by Councilmember Peppler and failed with Councilmembers Gilbreath. George, and Haws voting NO. Councilmember Haws moved to direct staff to review the Police Clerks classification, as well as the downgraded electrician position, and report back in two weeks. Motion seconded by Councilmember George and carried unanimously. Councilmember Gilbreath moved to amend Resolution No. 5778 by deleting the upgraded classification of Police Records Technician and then to adopt the balance of Resolution No. 5778. Motion seconded by Councilmember George and carried unanimously.

Ordinance No. 2433 - Cellular Antenna Towers - Public hearing was advertised for this time and place to consider Ordinance No. 2433, an ordinance of the City of Redlands adding Chapter 18.178 to the Redlands Municipal Code to establish zoning standards for wireless service facilities, antennas and towers, and amending Chapter 18.152 of the Redlands Municipal Code. Community Development Director Shaw explained there has been an increasing number of requests for cellular towers and antennas in the City in recent years. Several new applications have been filed in the past year and two are pending action by the Planning Commission. While recent approvals of towers and antennas generally use stealth technology where they are visible to the community, there are no detailed regulations or requirements in place to provide applicants, staff, or the Planning Commission direction on how to address these requests. Community Development Director Shaw reviewed the proposed legislation. Mayor Gilbreath declared the meeting open as a public hearing for any questions or comments. Noting he supported the ordinance overall, Sam Knappenberger urged the City Council to not allow any towers in residential areas. He explained a proposal has been presented to the Board of Directors of the Redlands Country Club for placement of a tower on their grounds but that a petition protesting this proposal has been submitted to the Redlands Country Club Board and residents will follow the application if it progresses through City channels. Community Development Director Shaw noted the Environmental Review Committee has required a focused Environmental Impact Report to address aesthetic issues for this proposal but that an appeal could be filed. There being no further comments, the public hearing was declared closed. Councilmember Freedman moved to approve the Negative Declaration for Ordinance No. 2433 (Zoning Ordinance Text Amendment No. 267) 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 Haws and carried unanimously. Ordinance No. 2433 was read by title only by City Clerk Poyzer, and on motion of Councilmember Freedman, seconded by Councilmember Haws, further reading of the ordinance text was unanimously waived, and Ordinance No. 2433 was introduced with unanimous Council approval and laid over under the rules with adoption scheduled for July 18, 2000.

Conditional Use Permit No. 705 - Public hearing was advertised for this time and place to consider approval of a Draft Mitigated Negative Declaration and Socio-Economic Analysis and Cost/Benefit Study for the construction of a two-story, 9,212 square foot micro brewery and restaurant with a drive-through facility on approximately 1.28 acres located on the south side of Industrial Park Avenue, south of the Interstate 10 Freeway and west of Alabama Street in the GC (General Commercial) District of the East Valley Corridor Specific Plan (Nuttall/Uchizono Associates, applicant). Community Development Director Shaw explained the project and reviewed the Planning Commission's recommendation for approval. A rendering of the building and a color board were provided. Mayor Gilbreath declared the meeting open as a public hearing for any questions or comments. Scott Difeld, manager of the restaurant in Santa Fe Springs, and architect Stan Uchizono were present to answer questions. Councilmembers expressed their pleasure with the appearance of this project which will simulate a renovated historic brick warehouse. There being no further comments, the public hearing was declared closed. Councilmember Peppler moved to approve the Mitigated Negative Declaration for Conditional Use Permit No. 705 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 Peppler moved to approve the Socio-Economic Cost/Benefit Study for Conditional Use Permit No. 705 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 1.441. Motion seconded by Councilmember Freedman and carried unanimously. Councilmember Peppler moved to approve Conditional Use Permit No. 705 subject to all departmental recommendations and the following findings:

1. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this title;
2. That the use is necessary or desirable for the development of the community, is in harmony with the 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 proposed use, and all yards, setbacks, walls or fences, landscaping, and other features required in order to adjust the use to those existing or permitted future uses on land in the neighborhood;
4. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic generated or to be generated by the proposed use; 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 Freedman and carried unanimously.

City Council Liaisons - Mayor Gilbreath presented a chart indicating the current liaison for each City commission/board/committee as approved by the City Council last December. The chart also includes a suggested rotation of Councilmembers' assignments. Noting his work schedule would make it impossible for him to attend Housing Commission's morning meetings, Councilmember George asked Councilmember Freedman to serve in that capacity. This was agreeable to Councilmember Freedman. Mayor Gilbreath moved to approve the assignments as amended. Motion seconded by Councilmember George and carried unanimously.

Appointments - Parks Commission - Mayor Gilbreath moved to nominate Brian T. King to the Parks Commission to a four-year term to fill the expired term of Craig Wesson as recommended by Councilmember Peppler. Motion seconded by Councilmember Peppler and carried unanimously. Mayor Gilbreath moved to reappoint Don Gifford and Mary Ellen Harris to four-year terms on the Parks Commission. Motion seconded by Councilmember Haws and carried unanimously.

Appointments - Recreation Advisory Commission - Mayor Gilbreath moved to reappoint Wally Sanchez, Patty Holohan, Keith Shomaker, and David Eason to four-year terms on the Recreation Advisory Commission. Motion seconded by Councilmember Haws and carried unanimously.

Mining Tax Proposal - Councilmember George reported that Cemax is close to signing an agreement with the City for payment of a mining tax but that negotiations with Robertson are still in process. He asked staff to prepare the necessary documents for the next meeting to place a mining tax measure on the November ballot with an exclusion for any contract with maintenance of effort clause and to designate the revenue for youth and senior activities. No one opposed this request.

Appeal - Certificate of Appropriateness No. 151 - A public hearing was held on June 21, 2000 to consider an appeal of a decision made by the Historic and Scenic Preservation Commission regarding the installation of three skylights into the roof of the west elevation of a home which is located at 135 Grant Street within Historic and Scenic District No. 8 (Ralph Thornburg, appellant). Community Development Director Shaw reported that at the April 20, 2000, meeting of the Historic and Scenic Preservation Commission, the applicant presented a request for three skylights on the west (front) and south (side) elevations of the structure. At their May 18, 2000, meeting, a Certificate of Appropriateness for three skylights on the south elevation was approved. This was proposed by the Commission and considered a compromise stance of all the alternatives that had been examined. The skylights on the south elevation are not in question by the applicant and not part of this appeal. The applicant has appealed the Commission's decision as he desires three skylights on the west (front) elevation. The main issue for the City Council to address is the placement of these skylights and how they will ultimately affect the integrity of the historic structure. This matter was continued to this meeting to allow the applicant to meet with staff to discuss the alternatives available on this proposal and that meeting was held on June 26, 2000. Community Development Director Shaw reviewed the applicant's concerns that were discussed at the meeting with staff. At this time, Mr. Thornburg addressed the City Council and reiterated the skylights are wood framed and flush with the roof and that he felt this was a minor project. Bettina McCloud, who lives in the historic district and was instrumental in its formation, informed Councilmembers that the district was formed as residents were concerned about demolitions but not minor revisions to the structures. She has discussed this project with Historic and Scenic Preservation Commissioners and has made her concerns known that minor changes such as this should not be discouraged and urged the Commissioners and Councilmembers to be flexible. Councilmember Gilbreath moved to find that the installation of three skylights in the west (front) elevation of the roof as proposed by the applicant in Certificate of Appropriateness No. 151 is not detrimental to the Historic Resource and is consistent with the City's Historic Preservation Ordinance and approve Certificate of Appropriateness No. 151 as requested by the applicant. Motion seconded by Councilmember George and carried with Councilmember Haws voting NO as he would rather have the Historic and Scenic Preservation Commission re-review the application. It was noted that approval of Certificate of Appropriateness No. 151 is exempt from the California Environmental Quality Act (CEQA) based on Section 15061(b)(3) since the activity covered has no potential to cause a significant impact on the environment.

NEW BUSINESS

Resolution No. 5775 - Ballot Arguments - Councilmember Gilbreath moved to adopt Resolution No. 5775, a resolution of the City Council of the City of Redlands setting priorities for filing a written argument regarding the special tax for emergency paramedic service and authorizing all members of the City Council to submit an argument in favor. Motion seconded by Councilmember Freedman and carried unanimously. Councilmember Freedman brought forward a discussion regarding the fee schedule for the emergency paramedic service; this discussion is covered under Resolution No. 5774, Consent Calendar.

Greenspot Area Annexation - Community Development Director Shaw explained an application submitted to LAFCO by the City of Highland dated May 22, 2000, includes approximately 23,220 acres and is generally located within Sections 4 through 9, and 14 through 17, Township 1 South, Range 2 West. The area includes the whole of the City of Highland Sphere of Influence. The annexation (reorganization) area is generally bordered by the City of Highland/City of Redlands boundary on the west, parcel boundaries on the north and east (the Highland Sphere boundary) and the City of Redlands' corporate limits and/or Sphere of Influence boundary on the south. Councilmember George moved that the City Council support the proposed annexation to the City of Highland and the East Valley Water District for their Sphere of Influence area in the Greenspot area and direct staff to forward this action to the Local Agency Formation Commission, and further to direct the Mayor to write to the City of Highland and ask them to support our application for annexation in the western section of the Greenspot area. Motion seconded by Councilmember Freedman and carried unanimously.

Conflict of Interest Appraisals - City Attorney McHugh explained that approximately three years ago, the City Council discussed Councilmember potential conflicts of interest and the need to obtain appraisals to determine whether or not any particular Councilmember did, in fact, have a conflict under the Fair Political Practices Commission's regulations. When the City Council discussed this matter in June of 1997, the Council "okayed" among itself the expenditure by any Councilmember of an amount up to $5,000.00 to obtain an appraisal if he or she had a potential conflict of interest. Since that time, three Councilmembers have obtained appraisals to assist them and the FPPC in determining whether a conflict of interest exists. Funds have not been allocated within the current budget for these appraisals. Councilmember Gilbreath moved to approve an additional appropriation of $10,000.00 for Fiscal Year 1999-2000 to cover the cost of two conflict of interest appraisals previously authorized by the City Council. Motion seconded by Councilmember Haws and carried with Councilmember Freedman voting NO. In regards to the Fiscal Year 2000-01, Councilmember Freedman moved to reconfirm the previous policy that the City Council will continue allowing other Councilmembers to obtain appraisals onan as-needed basis to address conflicts of interest up to the $5,000.00 limit with no further Council approval and once the appraisal is completed, if needed, staff will bring it back for an additional appropriation out of the appropriate budget. Motion seconded by Councilmember George and carried unanimously.

Democratic National Committee - Councilmember Peppler proudly announced that Police Chief Bueermann was recommended by Vice President Al Gore to testify at the DemocraticNational Committee's Platform Committee regarding crime and policing in America based on the Redlands Police Department's innovative approach.

The City Council meeting recessed at 4:57 P.M. to a Redevelopment Agency meeting and reconvened at 4:58 P.M. to a closed session to discuss the following:

1. Conference with labor negotiator - Government Code Section 54957.6
   • Agency negotiator: Ren? Mayne, Labor Management Success
   • Elected Officials: City Clerk and City Treasurer;
     Contract employee: City Attorney; and
     Employee organizations: Redlands Association of Management Employees, Redlands Association of Mid-Management Employees, Redlands Police Officers Association, Redlands Association of Safety Management Employees, Redlands Professional Fire Fighters Association, General Employees Association of Redlands
2. Conference with legal counsel: Existing litigation - Government Code Section 54956.9(a) - Wenzel v. City of Redlands
3. Conference with legal counsel: Anticipated litigation - Government Code Section 54956.9(c) - One case
4. Conference with real property negotiator Government Code ?54956.8

   Property:	APN 171-481-02 (located at Bellevue and Brookside Avenues)
   Negotiating parties:	Deborah L. Craney and Bruce L. Taber, DDS
   Under negotiation:	Terms and price

There being no further business, the City Council meeting adjourned at 4:59 P.M. The next regular meeting will be held on July 18, 2000.

__________________________________
City Clerk

The Redlands Chamber of Commerce hosted this State of the Community luncheon. Chamber of Commerce President David Thayer welcomed those present and introduced Mayor Gilbreath who opened the meeting with an invocation and the pledge of allegiance. Mayor Gilbreath introduced the Councilmembers, other elected officials present, and City department heads. Councilmembers Freedman, George, Haws, and Peppler each spoke for approximately ten minutes. Community Development Director reviewed proposed projects in the pipeline. Mayor Gilbreath then spoke and explained the formation of Business Development Team. These presentations were followed with a brief question and answer forum.

ADJOURNMENT

There being no further business, Mayor Gilbreath declared the meeting adjourned at 1:12 P.M. Chamber of Commerce President Thayer thanked everyone for coming.

The next regular meeting will be held on Wednesday, July 5, 2000.

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

PRESENTATIONS

CVP 365 Club - Mayor Gilbreath, Police Chief Bueermann, and Civilian Volunteer Patrolman James Stellar presented "365 Club" membership certificates to its 42 members. Mayor Gilbreath thanked Mr. Stellar for his ability and willingness to serve the community in this capacity and expressed her pride that the Redlands Police Department is so involved in the community.

SCAG Role - Grand Terrace Councilmember Lee Ann Garcia, who represents our district on the Southern California Association of Governments (SCAG) Regional Council, addressed the City Council explaining the role of SCAG.

CONSENT CALENDAR

Minutes - On motion of Councilmember Freedman, seconded by Councilmember George, the minutes of the adjourned regular meeting of June 6, 2000, and the regular meeting of June 6, 2000, were approved as submitted.

Bills and Salaries - On motion of Councilmember Freedman, seconded by Councilmember George, payment of bills and salaries was acknowledged.

Planning Commission Actions - On motion of Councilmember Freedman, seconded by Councilmember George, the report of the Planning Commission meeting held on June 13, 2000, was acknowledged as received.

Conflict of Interest Code - On motion of Councilmember Freedman, seconded by Councilmember George, the City Council unanimously directed staff to review the City's Conflict of Interest Code in accordance with Section 87306.5 of the California Government Code and submit a biennial report no later than October 1, 2000.

Proclamation - National Carousel Week - On motion of Councilmember Freedman, seconded by Councilmember George, the City Council unanimously authorized issuance of a proclamation declaring the week of June 18-24, 2000, as National Carousel Week and wished continued success to the Make-A-Wish Foundation in their aid to children with life-threatening illnesses.

Certificate of Appreciation - George Taro Sakato - On motion of Councilmember Freedman, seconded by Councilmember George, the City Council unanimously authorized issuance of a Certificate of Recognition to George Taro Sakato to honor our 1941 Redlands High School graduate for award of the Nation's highest military decoration, the Medal of Honor, for heroism during World War II. Mr. Sakato is among 21 men of Asian descent who will receive their medals from President Clinton at a White House ceremony on June 21, 2000. Mr. Sakato was a member of the all-Japanese 442nd Regimental Combat Team which has been featured in many television documentaries and is credited with rescuing many American soldiers from behind enemy lines during World War II.

Contract Award - CDBG Intersection Improvements Project - Bids were opened and publicly declared on June 8, 2000 by the City Clerk for construction of the Community Development Block Grant (CDBG) intersection improvements project which will construct curb and gutter, cross gutter, and handicap ramps improvements at various intersections within the CDBG Target Area; 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 JDC, Inc., Rancho Cucamonga, in the amount of $89,200.00, and it would be in the best interest of the City that this contract be awarded to said firm. It was further recommended this award be in the full $104,000.00 amount of the CDBG funds allocated to allow use of the $14,800.00 for change orders to add intersections, if approved, by the County ECD staff. On motion of Councilmember Freedman, seconded by Councilmember George, this recommendation was unanimously approved, and the Mayor and City Clerk were authorized to sign the contract on behalf of the City.

Street Tree, Trails, and Redlands Heritage Park Committees - Public Works Director Mutter reported the Trails Committee and the Street Tree Committee were established and appointed under Resolution No. 5574 adopted by the City Council on November 3, 1998, in an effort to assist staff with policies and operations relative to their particular function. The formation of the Redlands Heritage Park Committee was approved on February 16, 1999, and members appointed on April 20, 1999. Since these three committees were formally appointed by the City Council, they are subject to all rules and regulations of the Brown Act. Agendas are prepared and minutes recorded. Staff has been subject to significantly more work in support of these committees as well as trying to avoid Brown Act and conflict of interest violations. All three committees make recommendations to the Parks Commission which reviews these recommendations and forwards them on to the City Council. In an effort to make things more flexible for staff and the committee members, it was recommended these three committees be disbanded as formal committees and re-organized as sub-committees under the Parks Commission. Speaking in opposition to this recommendation were: Linda Romero, Street Tree Committee; Mike Kelly, Trails Committee; Caroline Laymon, former member of the Trails Committee; Mary Ellen Harris, Parks Commissioner; Teddy Banta, Trails Committee; Craig Wesson, Parks Commissioner; Saralyn Brooks; Bettina McLeod, Street Tree Committee; Laurie Harding; and Bill Cunningham, Councilmember-emeritus. Councilmembers expressed their concerns and suggested consolidating these committees under the auspices of the Planning Commission as there is a cross-over of their goals which involves both departments. Councilmembers concurred to defer this matter at this time, and asked Community Development Director Shaw and Public Works Director Mutter to report back after further study. Public Works Director Mutter also suggested the City Council should set and define goals for these committees.

CLETS Contract Amendment - On motion of Councilmember Freedman, seconded by Councilmember George, the City Council unanimously approved an amendment to the contract with San Bernardino County Sheriff's Department for access to the California Law Enforcement Telecommunications System (CLETS) for fiscal year 2000-2001, and the Mayor and City Clerk were authorized to sign the amendment on behalf of the City.

Contract - Sheriff's Range Facilities - On motion of Councilmember Freedman, seconded by Councilmember George, the City Council unanimously authorized a contract with the County of San Bernardino to allow the use of the San Bernardino County Sheriff's Department range facilities by members of the Redlands Police Department, , and the Mayor and City Clerk were authorized to sign the contract on behalf of the City.

Fee Waiver - Redlands Horticultural and Improvement Society - On motion of Councilmember Freedman, seconded by Councilmember George, the City Council unanimously approved the waiver of fees in the amount of $85.00 for the use of Sylvan Park on June 15, 2000, by the Redlands Horticultural and Improvement Society.

Fee Waiver - Juvenile Diabetes Foundation - On motion of Councilmember Freedman, seconded by Councilmember George, the City Council unanimously approved the waiver of fees in the amount of $565.00 for the use of Sylvan Park on October 21, 2000, for the Juvenile Diabetes Foundation's "Walk to Cure Diabetes" program.

Fee Waiver - The Legendary Ink Spots - Following brief discussion, on motion of Councilmember Haws, seconded by Councilmember Freedman, the City Council unanimously denied the request for waiver of the clean-up deposit for use of the Redlands Bowl by The Legendary Ink Spots.

Resolution No. 5772 - Classification and Compensation Plan - On motion of Councilmember Freedman, seconded by Councilmember George, the City Council unanimously adopted Resolution No. 5772, a resolution of the City Council of the City of Redlands establishing a classification and compensation plan for City employees and implementing the classification component of the classification and compensation study presented on November 2, 1999, by Tony Gerczak, President of Personnel Concepts. This component establishes new classification specifications (job descriptions) for all City positions except for positions assigned to the Redlands Professional Firefighters Association who chose not to participate in the study. Twenty-seven reclassifications in the general unit were recommended and two downward reclassifications will have a "Y-rating" so that the employees in the positions will not receive a downward salary adjustment. Resolution No. 5772 also reflects the addition of one Solid Waste Truck Driver which was approved and funded in the 1999-2000 budget.

Contract - Labor Negotiations - On motion of Councilmember Freedman, seconded by Councilmember George, the City Council unanimously approved an agreement with Labor Management Success to conduct labor negotiations for all of the City's represented and unrepresented units , and the Mayor and City Clerk were authorized to sign the contract on behalf of the City.

Agreements - Finance and Utility Billing Computer - On motion of Councilmember Freedman, seconded by Councilmember George, the City Council unanimously approved software license agreements with SunGard Bi-Tech, Inc. and Advanced Utility Systems Corporation to provide the financial and utility billing systems, and the Mayor and City Clerk were authorized to sign the contract on behalf of the City.

Resolution No. 5759 - NPDES Guidelines - On motion of Councilmember Freedman, seconded by Councilmember George, the City Council unanimously adopted Resolution No. 5759, a resolution of the City Council of the City of Redlands, State of California, adopting the new development and redevelopment guidelines as a supplement to the Drainage Area Management Program and the Report of Waste Discharge relative to the National Pollutant Discharge Elimination Systems (NPDES).

Contract Revocation - The Legendary Ink Spots Foundation - On motion of Councilmember Freedman, seconded by Councilmember George, the City Council unanimously revoked the contract with The Legendary Ink Spots Foundation which was to have conducted musical education and coaching classes for children and senior citizens .as the contractor will not be providing these services under the auspices of the City of Redlands.

Resolution No. 5773 - Deferred Compensation Plan - On motion of Councilmember Freedman, seconded by Councilmember George, the City Council unanimously adopted Resolution No. 5773, a resolution of the City Council of the City of Redlands adopting a deferred compensation amended and restated plan and trust/custodial document which updates the City's current deferred compensation plan.

Appointments - DRBA - On motion of Councilmember Freedman, seconded by Councilmember George, the City Council unanimously appointed David Ahlers, Barbara Garcia and Craig Foucher to the Downtown Redlands Business Association Advisory Board as recommended by the DRBA Advisory Board on June 13, 2000.

Wading Pool - Sylvan Park - On motion of Councilmember Freedman, seconded by Councilmember George, the City Council unanimously authorized staff to close the wading pool at Sylvan Park; authorized staff to remove the pool facility; and authorized the sale of any related surplus equipment through normal City procedures. This item was originally presented to the City Council on April 18, 2000, for review by the Kiwanis Club of Redlands. After its review, . the Kiwanis Club members concured with the staff recommendation that the wading pool should be closed.

PLANING AND COMMUNITY DEVELOPMENT

RDA No. 2000-2-1 - Tract No. 16082 - Residential Development Allocation (RDA) No. 2000-2-1 for 13 single family homes for Tract No. 16082, generally located on the north side of Olive Avenue, approximately 400 feet west of Norwood Street (J. F. O'Brien Construction, applicant), has been reviewed by the Planning Commission, the Historic and Scenic Preservation Commission, City staff, and the Redlands Unified School District. Community Development Director Shaw reported the applicant has exceeded the minimum number of points needed to be given a development allocation and reviewed the 18 categories examined. Councilmember George moved to accept the recommendations for points to be awarded to this project and to approve RDA No. 2000-2-1. Motion seconded by Councilmember Freedman and carried unanimously.

RDA No. 2000-2-2 - Tract No. 16015 - Residential Development Allocation (RDA) No. 2000-2-2 for 62 single family homes for Tract No. 16015, generally located on the north side of Pioneer Avenue, approximately 130 feet east of Duke Street (Pioneer Associates, L.P., applicant), has been reviewed by the Planning Commission, the Historic and Scenic Preservation Commission, City staff, and the Redlands Unified School District. Community Development Director Shaw reported the applicant has exceeded the minimum number of points needed to be given a development allocation and reviewed the 18 categories examined. Councilmember Freedman moved to accept the recommendations for points to be awarded to this project and to approve RDA No. 2000-2-2. Motion seconded by Councilmember George and carried unanimously.

COMMUNICATIONS

Funds - Resolution No. 5770 - Annexation No. 79 - Greenspot - Community Development Director Shaw reported in October, 1997, the City of Redlands adopted Resolution No. 5422 declaring its intention to file an application for annexation of the Greenspot area. The request for annexation was withdrawn but the request by Redlands and Highland for a determination from the Local Agency Formation Commission (LAFCO) pertaining to a sphere of influence of the Greenspot area proceeded. A compromise position was reached between Highland, Redlands, and LAFCO in November, 1997, and LAFCO adopted a resolution approving a sphere of influence expansion for the City of Redlands consisting of two parcels in the Greenspot area comprising a total of approximately 895 acres. Parcel 1, comprised of approximately 455 acres, is generally located east and northeast of the existing City of Redlands' boundary, south of Villers Street and west of Emerald Avenue and is generally known as the Greenspot residential area. Parcel 2, comprised of approximately 440 acres, is generally known as the Mill Creek area and is generally located south of the National Forest boundary, north of the existing City of Redlands' boundary, east of the Sunrise Ranch area, and west of the east line of Section 14. Jack Woodbury, a resident within the Greenspot area, recently contacted the City indicating that there is a strong support for annexation to the City of Redlands at this time. He was present at this meeting and requested the City to initiate proceedings on behalf of the residents of Greenspot. There is no evidence that residents in Parcel 2, known as the Mill Creek area, have any interest in annexation at this time. Councilmember Freedman moved to adopt Resolution No. 5770, a resolution of the City Council of the City of Redlands declaring its intention to file an application with the Local Agency Formation Commission to initiate on its own motion proceedings to annex certain inhabited territory (Annexation No. 79). Motion seconded by Councilmember George and carried unanimously. Councilmember Freedman moved to appropriate funds for the payment of application fees for Annexation No. 79 in the amount of $5,000.00. Motion seconded by George and carried unanimously.

The City Council briefly recessed at 4:45 P.M. and reconvened at 4:52 P.M.

AB 1544 - Donut Hole - Complimenting California State Senator Jim Brulte for doing a good job for cities, Councilmember George moved to send him a letter expressing the City's appreciation for his recent vote against AB 1544 and for his assistance obtaining the $4.5 million for the sports complex. Motion seconded by Councilmember Freedman. Richard Kunihira, president of the United Donut Hole Owners Property Association, addressed the Council at length, stating the group of property owners he represents are amiable to annexation on mutually acceptable terms but complained that no serious discussions have taken place recently. Following a rather contentious discussion, Councilmembers asked Dr. Kunihira to contact the Acting City Manager and City Attorney to start negotiations with them and asked that a status report be included on the July 18, 2000, agenda. The motion to send a letter to Senator Brulte then carried unanimously. At the beginning of the 7:00 P.M. session, Councilmember Freedman noted receipt of a preliminary report from CH2M Hill regarding the Donut Hole valuation. This report stated that based on the review of City provided cost records, the estimated value of the City's investment in serving the Donut Hole exceeds $3.4 million. Councilmember Freedman moved to send this information to the State Department of Finance. Motion seconded by Councilmember George and carried unanimously.

Gas Tax - Mayor Gilbreath asked the City Council for permission to send a letter to our legislators and the Governor indicating our support for the re-allocation of gas tax monies to the cities within California. Councilmember George moved to approve this request; motion seconded by Councilmember Freedman and carried unanimously.

Grant Agreement - Soccer Fields - Councilmember Haws moved to approve a grant agreement for a capital field project with Redlands AYSO - Region 50, Area N, Section 1, in conjunction with the $91,884.51 grant from the U. S. Soccer Foundation. Motion seconded by Councilmember Peppler and carried unanimously.

State of the Community Luncheon - Mayor Gilbreath announced the City Council will adjourn this meeting to Wednesday, June 21, 2000, at noon to hold a State of the Community Luncheon in the Heritage Hall hosted by the Redlands Chamber of Commerce.

San Timoteo Creek Flood Control Project - Councilmember George reviewed the history of the San Timoteo Creek Flood Control Project and asked the City Council to send a letter of appreciation to Congressman Jerry Lewis for his inclusion of an additional $5 million for Reach 3b of the San Timoteo Creek Flood Control Project in the City of Redlands. Councilmember Gilbreath moved to approve this request; motion seconded by Councilmember George and carried unanimously.

JOINT MEETING - CITY COUNCIL AND REDEVELOPMENT AGENCY

Resolution No. 5769 - Great Neighborhoods Program - Councilmember Haws moved to adopt Resolution No. 5769, 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 participant agreement 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 20, 2000.)

CLOSED SESSION

The City Council meeting recessed at 5:24 P.M. to continue the Redevelopment Agency meeting and reconvened at 5:32 P.M. to a closed session to discuss the following:

1. Conference with labor negotiator - Government Code Section 54957.6
   City negotiator:    Karen Olsen, Personnel Manager
   Unrepresented employee:    Acting City Manager

The meeting reconvened at 7:00 P.M.

PRESENTATIONS

Donation - Chandler's Cove - Fire Chief Enslow proudly announced that Norman and Ida Wenzel, owners of Chandler's Cove, have offered to donate two Thomas Kinkade lithographs for a fund raiser to purchase a tow vehicle for the Fire Prevention Safety Education trailer. Mr. and Mrs. Wenzel displayed Carmel, Sunset on Ocean Avenue, and Hometown Morning, two limited editions, signed and numbered, framed canvas lithographs which will be awarded at a sponsorship donor drawing to be held on August 29, 2000. They explained their plan to recruit sponsorship donations and looked forward with pride to their participation in this project. Councilmembers expressed their appreciation for their generous donation and effort.

San Timoteo Greenway Conservancy - On behalf of the San Timoteo Greenway Conservancy, Ann Mohnike reviewed the San Timoteo Canyon's $2.5 million environmental restoration grant allocated by the U. S. Congress and asked the City Council to assist by acting a lead agency in an application for matching funds and to work with the City of Loma Linda to best use the unmatched portion of Loma Linda's funds within Redlands. Pete Kiriakos, President of the Conservancy, also spoke urging the City Council to assist them. Councilmember George moved to direct staff to act as lead agency to seek the funds needed to match the available EPA grant for habitat restoration in San Timoteo Canyon. Motion seconded by Councilmember Haws and carried unanimously. Councilmember Gilbreath moved to work with the City of Loma Linda to put to use the unmatched portion of Loma Linda's funds within Redlands. Motion seconded by Councilmember George and carried unanimously.

PUBLIC HEARINGS

Resolution No. 5768 - Appropriations Limit - Public hearing was advertised for this time and place to consider Resolution No. 5768 to establish an appropriations limit in accordance with the State of California Constitution. Finance Director Johnson reported the City of Redlands has consistently maintained an exceedingly wide and comfortable margin between its limits and its proceeds of taxes subject to the State Constitution appropriation limit, commonly referred to as the "Gann Limit" or the "Proposition 4 Limit." Mayor Gilbreath declared the meeting open as a public hearing for any questions or comments. None being forthcoming, the public hearing was declared closed. Councilmember Gilbreath moved to adopt Resolution No. 5768, a resolution of the City Council of the City of Redlands establishing an appropriations limit of $54,439,885.00 for fiscal year 2000-2001 in accordance with Article XIIIB of the State of California Constitution. Motion seconded by Councilmember Freedman and carried unanimously.

Resolution No. 5767- Historic Resource No. 102 - Public hearing was advertised for this time and place to consider the recommendation of the Historic and Scenic Preservation Commission to designate the "Holsten-Fairchild Home" located at 671 West Cypress Avenue as Historic Resource No. 102. Community Development Director Shaw reviewed the recommendation of the Historic and Scenic Preservation Commission and noted the designation of Historic Resource No. 102 is exempt from the California Environmental Quality Act based on Section 15061(b)(3), since the activity covered has no potential to cause a significant impact on the environment. Mayor Gilbreath declared the meeting open as a public hearing for any questions or comments concerning this matter. Jerome Fairchild, the proud owner, described their restoration efforts and urged approval of this resolution. There being no further comments, the public hearing was declared closed. Councilmember George moved to adopt Resolution No. 5767, a resolution of the City Council approving this recommendation based on the findings made by the Historic and Scenic Preservation Commission in accordance with Section 2.62 of the Redlands Municipal Code. Motion seconded by Councilmember Haws and carried unanimously.

Appeal - Certificate of Appropriateness No. 151 - Public hearing was advertised for this time and place to consider an appeal of a decision made by the Historic and Scenic Preservation Commission regarding the installation of three skylights into the roof of the west elevation of a home which is located at 135 Grant Street within Historic and Scenic District No. 8 (Ralph Thornburg, appellant). Community Development Director Shaw reported that at the April 20, 2000, meeting of the Historic and Scenic Preservation Commission, the applicant presented a request for three skylights on the west (front) and south (side) elevations of the structure. At their May 18, 2000, meeting, a Certificate of Appropriateness for three skylights on the south elevation was approved. This was proposed by the Commission and considered a compromise stance of all the alternatives that had been examined. The skylights on the south elevation are not in question by the applicant and not part of this appeal. The applicant has appealed the Commission's decision as he desires three skylights on the west (front) elevation. The main issue for the City Council to address is the placement of these skylights and how they will ultimately affect the integrity of the historic structure. Mayor Gilbreath declared the meeting open as a public hearing for any questions or comments. Mr. Thornburg addressed the City Council informing them that these are not the modern bubble skylight but will be flush to the roof. He express amazement that his request has caused such a commotion considering his next door neighbor does not maintain his property. He also requested his property be removed from the Historic District as this situation is causing too much stress in his family. There being no further comments, the public hearing was declared closed. Councilmember Haws discussed alternatives with Mr. Thornburg and moved to continue this matter for two weeks. Motion seconded by Councilmember Gilbreath and carried unanimously.

Home Depot U.S.A., Inc. - Public hearing was advertised for this time and place to consider a Draft Mitigated Negative Declaration and Socio-Economic Analysis and Cost/Benefit Study for Planning Commission Review and Approval No. 711 for the construction of a 107,920 square foot retail home improvement center and 23,928 square foot outdoor garden center on approximately 17.65 acres, located at the southeast corner of Tennessee Street and Lugonia Avenue in the General Commercial District of the East Valley Corridor Specific Plan, and Minor Subdivision No. 252, a subdivision of 18.47 acres into five commercial lots on property generally located at the southeast corner of Tennessee Street and Lugonia Avenue in the General Commercial District of the East Valley Corridor Specific Plan. Community Development Director Shaw reviewed the proposed project and the Planning Commission's review and recommendation for approval. Mayor Gilbreath declared the meeting open as a public hearing for any questions or comments. Richard Kunihira, a landowner across the street, said he was in favor of the project but felt some mitigations should be addressed by the developer. He submitted copies of a petition signed by three other property owners, and presented their concerns at length. He urged the City Council to protect adjacent neighborhoods by requiring adequate traffic mitigation measures to comply with Measure U to avoid extreme congestion; require Home Depot to pay for an extension of New York Street between Brockton and Lugonia Avenues so that vehicles will not be encouraged to travel through adjacent residential neighborhoods; and to modify the site plan so that upon full buildout, the entire 47 acre site at the intersection of the I-10 and I-210 freeways will be planned as a unified, quality development. Teddy Banta asked the applicant if they would be willing to consider upgrading to a Home Depot Expo. Representing the applicant, Dave Dupero explained a Home Depot Expo was more for decorator services rather than home improvements but that he would ask them if they had looked into this area to build a Home Depot Expo. Randy Nichols, Helix, noted the applicant does not own the property for the extension of New York Street and addressed other environmental concerns. There being no further comments, the public hearing was declared closed. City Attorney McHugh addressed Mr. Kunihira's concern regarding Measure U noting that the traffic study prepared for the project did not indicate the Levels of Service (LOS) would violate Measure U.

Councilmember George moved to approve the Negative Declaration for Planning Commission Review and Approval No. 177 and Minor Subdivision No. 252 based on the finding that the project will not have a significant effect on the environment, determining this project will not individually or cumulatively have an adverse impact on wildlife resources as defined in Section 711.2 of the California Fish and Game Code and directed staff to file and post a Notice of Determination in accordance with the City's guidelines. Motion seconded by Councilmember Freedman and carried unanimously.

Councilmember George moved to approve the Socio-Economic Cost/Benefit Study for Planning Commission Review and Approval No. 177 and Minor Subdivision No. 252 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 2.432. Motion seconded by Councilmember Freedman and carried unanimously.

Councilmember George moved to approve Planning Commission Review and Approval No. 177 subject to all departmental conditions of approval as presented and the following findings:

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 is 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 or 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. 711 are necessary to protect the public health, safety and general welfare.

Motion seconded by Councilmember Freedman and carried unanimously.

Councilmember George moved to approve Minor Subdivision No. 252 subject to all departmental conditions of approval as presented and the following findings:

1. That the proposed tentative parcel map is consistent with the Redlands General Plan and the East Valley Corridor Specific Plan;
2. That the design or improvements of the proposed subdivision is consistent with the Redlands General Plan and the East Valley Corridor Specific Plan;
3. That the proposed parcels are physically suitable for the type of development permitted in the General Commercial District;
4. That the site is physically suitable for the proposed density of the development;
5. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
6. That the design of the subdivision or type of improvements is not likely to cause serious public health problems;
7. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision; and
8. 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.

Motion seconded by Councilmember Freedman and carried unanimously.

Property Acquisition Agreement - Home Depot U.S.A., Inc. - City Attorney McHugh explained a Public Works Department condition of approval requires the applicant to acquire certain off-site property. Under the State's Subdivision Map Act, whenever the City conditions a subdivision map on the acquisition of property not owned by the applicant and the applicant cannot, after a good faith effort, acquire that property, the City must either waive the condition or acquire the property on behalf of the applicant. Staff cannot recommend waiver of the Public Works Department condition if Home Depot cannot acquire the off-site property by the time its final map is submitted. Therefore, in accordance with the Subdivision Map Act, City staff has proposed the City Council enter into an agreement with Home Depot whereby the City will acquire the off-site property through negotiation and, if necessary, by eminent domain. That acquisition will be at no cost to the City. Under the agreement, Home Depot will pay all of the City's costs associated with the acquisition. Councilmember Gilbreath moved to approve the agreement for acquisition of property by purchase or condemnation with Home Depot U.S.A., Inc. Motion seconded by Councilmember Peppler and carried unanimously.

Resolution No. 5737 - Landscape Maintenance Assessment District - Public hearing was advertised for this time and place to consider Resolution No. 5737, a resolution of the City Council of the City of Redlands ordering the maintenance of improvements in Landscape Maintenance Assessment District No. 1, granting final approval of the Engineer's Report, and confirming the assessment for the 2000-2001 fiscal year. Public Works Director Mutter reported the preliminary report for Landscape Maintenance District No. 1 was presented to the City Council on April 18, 2000. The City Council adopted Resolution No. 5735, granting preliminary approval to the Engineer's Report, and Resolution No. 5736, declaring its intention to levy and collect assessment for Fiscal Year 2000-2001, pursuant to the Lighting and Landscaping Act of 1972. It is estimated that costs in the Landscape Maintenance Assessment District No. 1 for Fiscal Year 2000-2001 will exceed assessments by $44,643.00. There will be no increase in the assessments and the fund deficit will continue to increase. On May 16, 2000, 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. The final step in the process is to conduct a public hearing and receive testimony from the public on the proposed assessment. Mayor Gilbreath declared the meeting open as a public hearing for any questions or comments. None being forthcoming, the public hearing was declared closed. Councilmembers discussed the need to address the fund deficit and Public Works Director Mutter will bring suggestions for next year. Councilmember Gilbreath moved to adopt Resolution No. 5737. Motion seconded by Councilmember Freedman and carried unanimously.

Resolution No. 5741 - Street Lighting Assessment District - Public hearing was advertised for this time and place to consider Resolution No. 5741, a resolution of the City Council of the City of Redlands ordering the maintenance of improvements in Street Lighting Assessment District No. 1, granting final approval of the Engineer's Report, and confirming the assessment for the 2000-2001 fiscal year. Public Works Director Mutter reported the preliminary report for Street Lighting District No. 1 was presented to the City Council on April 18, 2000. The City Council adopted Resolution No. 5739, granting preliminary approval to the Engineer's Report, and Resolution No. 5740, declaring its intention to levy and collect assessment for Fiscal Year 2000-2001, pursuant to the Lighting and Landscaping Act of 1972. It is estimated that costs in the Street Lighting Assessment District No. 1 for Fiscal Year 2000-2001 will exceed assessments by $312.07 and will continue to escalate. There will be no increase in the assessments and the fund deficit will continue to increase. On May 16, 2000, 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. The final step in the process is to conduct a public hearing and receive testimony from the public on the proposed assessment. Mayor Gilbreath declared the meeting open as a public hearing for any questions or comments. None being forthcoming, the public hearing was declared closed. Councilmember Freedman moved to adopt Resolution No. 5741. Motion seconded by Councilmember Haws and carried unanimously.

Re-Allocation of CDBG Funds - Fire Station - Public hearing was advertised for this time and place to consider the cancellation of Program Year 2000-2001 Project No. 26147 (Sun Avenue Improvements) and transfer the allocation in the amount of $170,000.00 from that project to Fire Station No. 261 (Seismic Improvements for a fire station located at 525 East Citrus Avenue. Public Works Director Mutter recommended cancellation of the Sun Avenue Improvements Project and transfer of those funds to costs associated with the seismic retrofit portion of the restoration of Fire Station No. 261. Mayor Gilbreath declared the meeting open as a public hearing for any questions or comments. None being forthcoming, the public hearing was declared closed. Reminding staff of the City Council's desire to include the Sun Avenue project in next year's CDBG funding (see City Council minutes for meeting of June 6, 2000), Councilmember Haws moved to cancel Public Works Department Project No. 111-26147 (Sun Avenue Improvements) and transfer $170,000.00 to create a new project entitled Seismic Retrofit of Fire Station No. 261. Motion seconded by Councilmember Freedman and carried unanimously. Councilmember Peppler reported she has talked with County Supervisor Dennis Hansberger about the Sun Avenue project and he will see if the money is available from the County's CDBG funds.

UNFINISHED BUSINESS

Agreement - Storm Drain Waiver - Tract No. 16082 - Public Works Director Mutter reported at the City Council meeting of June 6, 2000, it was agreed to waive the required storm drain improvements for Tract No. 16082 located north of Olive Avenue, at the terminus of Ash Street and Roma Street, provided that the applicant voluntarily agree to install and complete certain improvements required by staff. Those items in general include repair of any loose rocks and cracks in the existing channel; installation of a fence along the sides of the open channel with the property owners being responsible for the maintenance of the fence; payment of all applicable storm drain fees; and approval of necessary CC&R's to provide for these items. Councilmember Freedman moved to approve the agreement with the Smith Trust for installation of various improvements in lieu of installation of a reinforced concrete pipe in the storm drain through Tract No. 16082. Motion seconded by Councilmember Peppler and carried unanimously.

Deodora Apartments - Consideration of a Draft Negative Declaration for General Plan Amendment No. 65 and Specific Plan No. 52; Resolution No. 5752 for General Plan Amendment No. 65 to change from Low-Density Residential (0 to 6.0 units per gross acre) to Medium-Density Residential (0 to 15.0 units per gross acre); and Resolution No. 5754 for Specific Plan No. 52, a specific plan of development for a sixteen (16) unit apartment complex on 1.16 acres of property located on the southeast corner of Clifton Avenue and San Mateo Street (Deodora Apartments, David A. Van Diest and Rosa E. Gomez, applicant) was continued to this time and place. At the request of the applicant, Councilmember George moved to continue this matter to July 18, 2000. Motion seconded by Councilmember Freedman and carried unanimously.

Ordinance No. 2441 - Mining Tax - Councilmember George reported that he and Councilmember Haws have been meeting with representatives from Robertson's Ready Mix and Cemex regarding a mining tax. A draft of such a proposal (Ordinance No. 2441) has been prepared by the City Attorney and was presented to the City Council on June 6, 2000, and continued to this meeting. Councilmember George indicated it was his intention, and Councilmember Haws concurs, that this issue be placed on the November, 2000, ballot, but that he would like to postpone the discussion to July 5, 2000, at which time a contract may be presented which will eliminate the need to place this ordinance on the ballot. Councilmember George moved to continue this item to July 5, 2000; motion seconded by Councilmember Haws and carried unanimously.

Ordinance No. 2445 - Citrus Preservation Commission - City Attorney McHugh explained that Ordinance No. 2445, an ordinance of the City of Redlands amending Chapter 2.64 of the Redlands Municipal Code relating to membership of the City's Citrus Preservation Commission, provides that members serve staggered four year terms. This amendment is consistent with the new appointments the City Council made to the Citrus Preservation Commission at its June 6, 200, meeting. Ordinance No. 2445 was read by title only by City Clerk Poyzer, and on motion of Councilmember George, seconded by Councilmember Haws, Ordinance No. 2445 was introduced and laid over under the rules with adoption scheduled for July 5, 2000, with Councilmember Freedman voting NO as he was not in favor of staggered terms.

Paramedic Tax - Fire Chief Enslow explained the special tax for emergency paramedic services has been in effect since Fiscal Year 1982-83. The tax currently generates $935,000.00 annually with an annual program operation budget of $1.44 million. A General Fund subsidy of approximately $500,000.00 is required. Over the past 18 years, $2 million in General Funds have been used to subsidize the paramedic program. The subsidy could be reduced annually and eliminated entirely if the current charge for a single family home was raised by $30.00 per year (over a four year period) and all other building categories (multi-family, mobilehome, commercial, and industrial) raised proportionately as well. To ensure a self-sustaining program, the City Council may consider staff's recommendation that an annual COLA or CPI increase be implemented to ensure the ongoing future funding of the program. Councilmember Gilbreath moved to place a measure on the November 2000 general election ballot to increase the special tax for emergency paramedic services and directed staff to prepare the appropriate documentation. Motion seconded by Councilmember George and carried unanimously.

There being no further business, the City Council meeting adjourned at 8:39 P.M. to an adjourned regular meeting to be held on June 21, 2000, at 12:00 P.M. in the Heritage Hall, 225 East Olive Avenue, Redlands, California, for the State of the Community Luncheon. Due to the national holiday, the next regular meeting will be held on Wednesday, July 5, 2000.

STUDY SESSION

2000-2001 Proposed Budget - Finance Director Johnson reported the City Council concluded its initial review of the City's budget on June 6, 2000. As a result of this review, a number of items in the proposed budget has been changed and a number of other items that are currently unfunded have been placed on a "wish list" to be prioritized by the City Council. The current projections indicate that the General Fund balance at the close of fiscal years 2000-01 and 2001-02 are estimated to be $1,933,161.00 and ($1,002,051.00) respectively. These projections take into account all changes tentatively approved by the City Council in their previous budget sessions (May 16 and May 19, 2000) as well as other appropriations being considered for approval at this meeting. In addition, changes have also been made in the Municipal Utilities Department budget to reflect two position reclassifications, the addition of a full-time position, additional funding for the new utility billing computer system, and $89,000.00 for the Redlands Mall parking lot maintenance as requested by the Redlands Mall. In accordance with the City Council's request, information was also provided regarding each utility enterprise and the status of their respective reserve funds. The following information was presented at this meeting: a schedule indicating tentatively approved changes to the General Fund balance; revised Summary Schedules; a schedule of proposed reserves for all funds; funding plans for the Water, Wastewater, and Solid Waste enterprises; and a Citywide departmental "wish list." Councilmember Haws indicated he would like to adopt the budget as proposed and delay action on the "wish list." He asked for a clarification on the policy regarding moving money around within a department's budget and urged the City Council to place the Lockheed funds in an "untouchable" reserve. Councilmember Gilbreath urged Councilmembers to also consider a capital reserve policy. Councilmembers concurred to continue this discussion on July 18, 2000. Departments heads then reviewed and prioritized their "wish list" items.

Multi-Species Habitat Conservation Plan - Community Development Director Shaw reported San Bernardino County, the cities within the San Bernardino Valley, and various agencies, businesses and environmental organizations are joining forces to prepare a multi-species habitat conservation plan for the San Bernardino Valley. The goal is to prepare a plan that will sufficiently protect endangered, threatened and other sensitive plant and animal species so as to permit future development in the plan area without excessive delays due to biological issues. Following discussion, Councilmembers concurred to include our share ($14,500.00) for this plan.

2000-2001 Budget - Final Approval - Councilmember Gilbreath moved to adopt the budget as proposed with the following additions:

Motion seconded by Councilmember Freedman and carried with Councilmember Haws abstaining as he would have preferred to adopt a bare-bones budget and review the "wish list" further.

ADJOURNMENT

There being no further business, the City Council meeting adjourned at 2:32 P.M. The next regular meeting will be held on June 20, 2000, at 3:00 P.M.

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

PRESENTATIONS

Agreement - U. S. Soccer Federation Foundation - Chuck Wilburn, Assistant Regional Commissioner, Operation of U. S. Soccer Federal Foundation, Inc. proudly announced they had received a $92,000.00 grant from the U. S. Soccer Federation Foundation. Mr. Wilburn explained a grant agreement for a capital field project between Redlands AYSO and the City of Redlands needs to be completed as part of the process to received the funds. Councilmember Haws reported on the progress of the development of the soccer fields. City Attorney McHugh reviewed the grant agreement. Councilmember Gilbreath moved to authorize the City Attorney to draft a letter for the Mayor's signature to advise the U. S. Soccer Federation Foundation that the City Council is moving forward on this matter and to ask for an extension; directed staff to negotiate with AYSO officials a lease agreement; and bring both the lease agreement and grant agreement back to the City Council on June 20, 2000, for review. Motion seconded by Councilmember Peppler and carried unanimously.

AB 1544 - Citrus Plaza Project - Councilmember Freedman asked for an update on the status of AB 1544 and Majestic Realty's Citrus Plaza Project. He also inquired if any Redlands' Councilmember has been contacted by AB 1544's authors or any official of Majestic Realty and, if so, the contents of those discussions. Acting City Manager Burgess stated that AB 1544 is just sitting in the Senate. Councilmember Peppler noted we run the risk of re-activating the legislation by discussing it; that it is sitting in the Senate due to a lack of votes. Community Development Director Shaw updated Councilmembers on the status of the Majestic project in the County of San Bernardino. Mayor Gilbreath noted she had recently received a facsimile of a fee schedule from Tim Chaikovsky. Councilmember Haws reiterated they are treating Majestic like any other developer. Councilmember George assured Mayor Gilbreath he was willing to continuing serving with her on the negotiating team. Councilmember Freedman demanded copies of all faxes and memos concerning this issue.

JOINT MEETING - CITY COUNCIL AND REDEVELOPMENT AGENCY

Resolution No. 5763 - Great Neighborhoods Program - Councilmember Peppler moved to adopt Resolution No. 5763, 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 participant agreement which will be acted upon by the Board of Directors of the Redevelopment Agency. Motion seconded by Councilmember George and carried unanimously. (Also see Redevelopment Agency minutes for June 6, 2000.)

CLOSED SESSION

The City Council meeting recessed at 4:29 P.M. to continue the Redevelopment Agency meeting and reconvened at 4:30 P.M. to a closed session to discuss the following:

1. Conference with legal counsel: Existing litigation - Government Code Section 54956.9(a) - Walker v. City of Redlands - SCV 45457

2. Conference with real property negotiator Government Code Section 54956.8
   Property:APN 292-321-06
   Negotiating parties:Andrew R. Smith and Deborah Craney
   Under negotiation:Terms and price

3. Conference with labor negotiator - Government Code Section 54957.6
   Employee organizations:Redlands Association of Management Employees, Redlands Association of Mid-Management Employees, Redlands Police Officers' Association, Redlands Association of Safety Management Employees, Redlands Professional Fire Fighters' Association, General Employees Association of Redlands, City Clerk, City Treasurer, and City Attorney

The meeting reconvened at 7:00 P.M.

PRESENTATIONS

Police Department Recognition - Mayor Gilbreath congratulated the Redlands Police Department for having been chosen as a finalist in the 2000 Innovations in American Government Awards program.

Land Management and Habitat Conservation Plan - Bernie Cavendar, San Bernardino Water Conservation District, made a presentation regarding the proposed Land Management and Habitat Conservation Plan for the Upper Santa Ana River Wash and asked for the City Council's endorsement of the concept of Plan B. Bob Roberts suggested including the County's plan to address the Alabama and Orange Street bridges issues. Councilmember George moved to endorse, in concept, and to proceed with Plan B: Proposed Land Management and Habitat Conservation Plan for the Upper Santa Ana River Wash prepared by the Santa Ana River Wash Coordinated Planning Activities Committee, and directed staff to prepare a letter addressed to the San Bernardino Water Conservation Board to consider inclusion of the bridges' issues. Motion seconded by Freedman and carried unanimously.

PUBLIC HEARINGS

Conditional Use Permit No. 700 - Red Terrace, LLC - Public hearings were advertised for this time and place to consider a Draft Mitigated Negative Declaration and the Socio-Economic Cost/Benefit Study for the construction of a commercial development consisting of a 5,000 square foot retail building for a video store and a 2,619 square foot drive-through restaurant on .97 acres located on the southeast corner of Redlands Boulevard and Clark Street. Community Development Director Shaw explained the applicant is seeking approval on a conditional use permit for construction of a Hollywood Video store and a Kentucky Fried Chicken drive-through restaurant. He described the proposed project and the enhancements to be provided. He noted the Draft Mitigated Negative Declaration approved by the City Council for Ordinance No. 2439 on May 16, 2000, also applies to this project. Mayor Gilbreath declared the meeting open as a public hearing for any questions or comments. None being forthcoming, the public hearing was declared closed. Councilmember Haws moved to approve the Socio-Economic Cost/Benefit Study for Conditional Use Permit No. 700 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 2.578. Motion seconded by Councilmember Freedman and carried unanimously. Councilmember Haws moved to approve Conditional Use Permit No. 700 subject to the following findings and subject to all department recommendations and conditions of approval as presented:

1. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this title;

2. That the use is necessary or desirable for the development of the community, is in harmony with the various elements of 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 proposed use, and all yards, setbacks, walls or fences, landscaping and other features required in order to adjust the use to those existing or permitted future uses on land in the neighborhood;

4. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic generated or to be generated by the proposed use; 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 Freedman and carried unanimously.

Appeal - Minor Exception Permit No. 144 - Public hearing was continued to this time and place to consider an appeal to a decision of the Advisory Committee on Fences regarding Minor Exception Permit No. 144, which denied the request for the placement of a six foot high wrought-iron fence and related gates within the front yard setback area for property located at 4 East cypress Avenue (Dwight and Susanne Montgomery, appellant). Community Development Director Shaw reported this issue has been resolved and a letter to withdraw the appeal will be provided by the appellant. Therefore, no action is necessary at this time. Mayor Gilbreath declared the meeting open as a public hearing for any questions or comments; none being forthcoming, the public hearing was declared closed. Councilmember Freedman moved to acknowledge the withdrawal of the appeal and to take no further action unless the appellant requests further consideration. Motion seconded by Councilmember Peppler and carried unanimously.

CONSENT CALENDAR

Minutes - On motion of Councilmember Freedman, seconded by Councilmember Haws, the minutes of the adjourned regular meeting of May 16, 2000, the regular meeting of May 16, 2000, and the adjourned regular meeting of May 19, 2000, were approved as submitted.

Bills and Salaries - On motion of Councilmember Freedman, seconded by Councilmember Haws, payment of bills and salaries was acknowledged.

Planning Commission Actions - On motion of Councilmember Freedman, seconded by Councilmember Haws, the report of the Planning Commission meeting held on May 23, 2000, was acknowledged as received.

Ordinance No. 2434 - Taxicabs - Ordinance No. 2434, an ordinance of the City of Redlands amending Chapter 5.64 of the Redlands Municipal code relating to taxicabs, was adopted on motion of Councilmember Freedman, seconded by Councilmember Haws, by the following vote:

AYES:        Councilmembers George, Freedman, Peppler, Haws;
                   Mayor Gilbreath
NOES:        None
ABSENT:   None

Ordinance No. 2439 - Drive-Through Restaurant Regulations - Ordinance No. 2439, an ordinance of the City of Redlands amending Chapter 18.156 of the Redlands Municipal Code relating to separation requirements between drive-through restaurants, was adopted on motion of Councilmember Freedman, seconded by Councilmember Haws, by the following vote:

AYES:        Councilmembers George, Freedman, Peppler, Haws;
                   Mayor Gilbreath
NOES:        None
ABSENT:   None

Fee Waiver - Redlands 4th of July Committee - On motion of Councilmember Freedman, seconded by Councilmember Haws, the City Council unanimously waived all fees and personnel costs for the Redlands 4th of July Committee's annual celebration.

Contract Award - Cemetery Sprinklers - Bids were opened and publicly declared on May 23, 2000, by the City Clerk for the design and construction of the Hillside Memorial Park Sprinkler 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 W. Wood and Associates, San Bernardino, in the amount of $91,291.50, and it would be in the best interest of the City that this contract be awarded to said firm. On motion of Councilmember Freedman, seconded by Councilmember Haws, this recommendation was unanimously approved and the Mayor and City Clerk were authorized to sign the contract on behalf of the City.

Agreement - Joslyn Senior Center - On motion of Councilmember Freedman, seconded by Councilmember Haws, the City Council unanimously approved an independent contractor agreement with Elaine Solis to conduct an adult creative craft class at Joslyn Senior Center and authorized the Mayor and City Clerk to sign the agreement on behalf of the City.

Funds - Health Cities Mini Grant - On motion of Councilmember Freedman, seconded by Councilmember Haws, the City Council unanimously accepted the Healthy Cities Mini Grant and authorized an additional appropriation in the amount of $2,797.00 for the Youth Coalition program.

Funds - Office of Traffic Safety - On motion of Councilmember Freedman, seconded by Councilmember Haws, the City Council unanimously authorized execution of a contract agreement with the State of California Office of Traffic Safety; designated Ronald C. Mutter, Director of Public Works, as an authorized agent to execute the project's terms, conditions, and certification; and approved the request for additional appropriation in the amount of $64,173.00 for expenditures related to this grant. The program includes purchasing computer hardware and software, and counting and classification instruments to develop and maintain a database of information related to traffic safety issues.

Agreement - Redlands Transit Center - Public Works Director Mutter assured Councilmember Haws the City will have the opportunity to require enhancements in the design and architectural and landscape treatments for the Redlands Transit Center. A review committee comprised of Public Works Director Mutter, Community Development Director Shaw, Councilmember George, and representatives from Omnitrans and The Allies will meet with the consultant. Councilmember Haws moved to approve a consulting services agreement with L. D. King, Inc. for the development of concept plans and final design for the Downtown Transit Center (Redlands Boulevard between Orange Street and Third Street) and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. Motion seconded by Councilmember Freedman and carried unanimously.

Agreement - Nitrogen Removal - On motion of Councilmember Freedman, seconded by Councilmember Haws, the City Council unanimously authorized Task Order No. 3 to the City's agreement with Carollo Engineers to provide engineering services for water quality and regulatory issues related to nitrogen removal planning and permit compliance.

Vector Monitoring Services - California Street Landfill - The request for consideration of an agreement with the County of San Bernardino to provide vector monitoring services for the California Street Landfill Alternative Interim Cover Project was withdrawn from this agenda.

2000 Urban Water Management Plan - On motion of Councilmember Freedman, seconded by Councilmember Haws, the City Council unanimously authorized Task Order No. 17 of the existing engineering master services agreement with the firm of CH2MHill to provide engineering services to prepare the 2000 Urban Water Management Plan.

Fee Waiver - Boy Scouts of America - On motion of Councilmember Freedman, seconded by Councilmember Haws, the City Council unanimously approved a request by the Boy Scouts of America for waiver of rental fees in the amount of $840.00 for use of picnic tables in Section "A" of Sylvan Park for the Cub Scout Day Camp Program scheduled for June 27 through June 30, 2000.

Tree Planting - CalFed Building - On motion of Councilmember Freedman, seconded by Councilmember Haws, the City Council unanimously approved the planting of additional street trees around the CalFed building located at 300 East State Street, subject to all conditions required by the City of Redlands.

Water Policy Advisory Commission - On motion of Councilmember Freedman, seconded by Councilmember Haws, the City Council unanimously approved designation of Councilmember John Freedman as the City's liaison and Councilmember Kasey Haws as the alternative liaison to the Water Policy Advisory Commission.

PLANNING AND COMMUNITY DEVELOPMENT

Tentative Tract No. 15832 - Time Extension - A one-year time extension has been requested for Tentative Tract No. 15832, a proposed subdivision of approximately 4.75 acres of land into nine single family lots located on the southwest corner of Cypress and Sunnyside Avenues in the R-S (Suburban Residential) District (First Pacifica Development, Inc., applicant). On motion of Councilmember Freedman, seconded by Councilmember Haws, the City Council unanimously determined that no subsequent environmental documents are necessary for a one-year extension of Tentative Tract Map No. 15832 which is consistent with the previous Negative Declaration approved by the Redlands City Council on June 16, 1998, subject to the following findings:

1. No substantial changes are proposed in the project which will require major revisions of the previously approved 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 to the previously approved Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and

3. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous Negative Declaration for Tentative Tract Map No. 15832 and subsequently, has been identified

On motion of Councilmember Freedman, seconded by Councilmember Haws, the City Council unanimously approved a one-year time extension for Tentative Map No. 15832 extending approval until June 16, 2001.

UNFINISHED BUSINESS

Tract No. 16082 - Storm Drain Requirement - Public Works Director Mutter reported a request has been made by the owner of property located behind 916 West Olive Avenue, APN 172-091-23, to waive Municipal Code Section 17.28.020 for relief of the Public Works requirement to "provide for adequate drainage facilities including but not limited to the installation of the storm drain per Comprehensive Plan 4-40; storm drain facilities shall be undergrounded within the subdivision; submit the hydrology/hydraulic study and calculations." The applicant requested a complete waiver and was not seeking permission to sign an Improvement Agreement for temporary relief of Public Works requirements. The Advisory Committee reviewed the applicant's request. It was the determination of Public Works Director Mutter that the required storm drain improvement could be feasibly designed and constructed as a part of this development. As such, he could not support the request to waive this requirement. Mayor Gilbreath and Planning Commission Chairman George Webber supported the request for a waiver. However, the Code requires that the findings of the Advisory Committee be unanimously. Therefore, the request for waiver of the storm drain requirement was denied. The applicant requested an appeal of this decision before the City Council. The City's Code does not permit the "conditioning" of a waiver. Further, any new conditions imposed on the developer would be subject to the procedures of the Subdivision Map Act. However, if a waiver is granted by the City Council, staff suggested several items be voluntarily agreed to and completed by the developer outside of the Subdivision Map Act process. Without this voluntary agreement, staff believes that the public safety, health and welfare would be compromised and the waiver should not be granted. Representing the owner, Joe O'Brien, J. F. O'Brien Construction Corporation, described the drainage channel south and north of their project, and stated he felt it would be fiscally irresponsible to require coverage of this ditch. Andy Smith informed Councilmembers this historic ditch was built by the WPA in the 1930's and should be visible for all to view. Following discussion, Councilmember Gilbreath moved to continue this request to June 20, 2000, and directed staff to bring back an agreement to address the following items which would permit the City Council to waive the storm drain requirement: repair and upgrade of the existing channel; construction and maintenance of a wrought iron fence with appropriate gates; payment of all applicable storm drain fees; and preparation of CC&Rs to ensure that subsequent property owners in the tract are bound by these public safety considerations. Motion seconded by Councilmember George and carried unanimously.

City Manager Recruitment - Personnel Manager Olsen reported that five proposals were submitted to the City Council to conduct an executive recruitment for a permanent City Manager. Councilmembers Peppler and Freedman narrowed the selection down to two firms: Shannon Associates and DMG-Maximus. Councilmembers George and Haws, along with City Department heads, conducted interviews with representatives from both firms. They have recommended DMG-Maximus with Norman Roberts, Vice-President of Executive Recruitment Services (who was present at this meeting), to be personally responsible for this assignment. The professional fees and expenses proposed are a fixed fee of $17,000.00 and reimbursement for expenses not to exceed $6,500.00 for a statewide search or $8,500.00 for a nationwide search. Councilmember Freedman moved to approve an agreement with DMG-Maximus to conduct an executive recruitment for a City Manager. Motion seconded by Councilmember George and carried unanimously. Noting many stake holders will be involved in this process, Councilmember Haws announced a committee will meet on June 15, 2000 at 7:00 P.M. in the Smiley Library Assembly Room to apprise Mr. Roberts of the qualifications and attributes this community desires in a City Manager.

Labor Negotiator - At the May 26, 2000, City Council meeting, the City Council directed staff to contact and request proposals from professional labor relations firms (rather than law firms) to negotiate with the City's represented and unrepresented employee units. Staff contacted five organization and two firms submitted proposals to the City: Labor Management Success and Becker & Bell, Inc. Councilmember George moved to retain Labor Management Success to negotiate with the City's represented and unrepresented employee units. Motion seconded by Councilmember Gilbreath and carried unanimously.

NEW BUSINESS

Redlands Municipal Airport - Public Works Director Mutter explained that on April 4, 2000, Lloyd Janzen of Redlands Aviation asked the City Council to consider amendments to their lease as it relates to the public lobby and rent adjustments. The City Council referred this request to the Airport Advisory Board for review and recommendation. The Airport Advisory Board met on May 3, 2000; after a presentation by Mr. Janzen and discussion the Board members concluded that no further "piece meal" type amendments should be made to the master lease. They concurred with staff's suggestions and recommended to the City Council that the entire lease should be reviewed and re-negotiated. Public Works Director Mutter noted the City Attorney prepared a legal analysis of the rights, responsibilities and obligations of the City and the Fixed Base Operator which was delivered to Councilmembers as an attorney-client memorandum. Staff recommended that no further action be taken on the request of Redlands Aviation until the lease is re-negotiated to bring it current with market values and data, while incorporating provisions to promote the business opportunity at the airport and protect the City's position as owner of the facility. Mr. Janzen addressed the City Council and indicated he did not wish to re-negotiate the master lease at this time and urged the City Council to consider only an amendment to address their concerns. Following discussi