REVISED
CITY OF REDLANDS
CITY COUNCIL
SUCCESSOR AGENCY
A G E N D A S
FEBRUARY 1, 2022
PAUL BARICH
Mayor
EDDIE TEJEDA
Mayor Pro Tempore
DENISE DAVIS
Council Member
JENNA
GUZMAN-LOWERY
Council Member
MICK GALLAGHER
Council Member
***
JEANNE DONALDSON
City Clerk
ROBERT DAWES
City Treasurer
CHARLES M. DUGGAN JR.
City Manager
DANIEL J. McHUGH
City Attorney
5:00 p.m. Open Public Meeting, Public Comment (Closed Session) 6:00 p.m. Open Session (Public Meeting)
* * *
City Council Chambers
Civic Center, 35 Cajon Street, Redlands, California
February 1, 2022
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REVISION NO. 1
A G E N D A
The following information comprises the agenda for the regular meetings of the City Council of the City of Redlands and the Board of Directors of the Successor Agency of the former Redevelopment Agency of the City of Redlands at the times noted below in the City Council Chambers, Civic Center, 35 Cajon Street, Redlands, California. Although the meeting is open to the public, seating has been reduced to allow for social distancing.
TUESDAY, FEBRUARY 1, 2022
To join via Zoom on a computer, laptop, or smart device Please visit www.zoom.us
, click on Join a Meeting
Enter the Meeting ID 824 4618 0187, then run the Zoom launcher To join via Zoom with audio only (cell phone or landline):
Dial 1-877-853-5247
Enter the Meeting ID 824 4618 0187
Should the City lose connectivity on Zoom, we will halt the meeting until it can be restored. To check on the status of remote connectivity in the event of an outage, go to the City’s website at www.cityofredlands.org
or to the City’s Facebook page at @CityofRedlands or the Instagram page at @CityofRedlands_CityHall.
In the event the City cannot reestablish Zoom connectivity in a reasonable amount of time, the mayor will adjourn the meeting to a future date.
Anyone desiring to speak on an agendized item at this meeting may do so during the consideration of that
item. Due to time constraints and the number of persons who may wish to give oral testimony, public comments will be limited to three (3) minutes.
To provide comment while participating from Council Chambers:
Although it is not required, speakers are encouraged to submit a "Speaker Sign Up Sheet" before the meeting is convened. Forms are available in the Office of the City Clerk or in Council Chambers.
After the meeting has convened, you may place the speaker form in the basket at the table along the north wall of the Chambers. Please do not disturb the City Clerk while the meeting is in progress.
To provide comment through Zoom (on a computer, laptop, or smart device):
Click the "Raise Hand" button and the moderator will unmute you when it is your turn to speak To provide comment via audio only (cell phone or landline):
Dial *9 to "Raise Hand". The moderator will identify you by your area code and last 3 numbers of your telephone number when it is your turn to speak.
PLEASE SILENCE CELL PHONES, PAGERS AND OTHER ELECTRONIC
COMMUNICATION DEVICES UPON ENTERING THE CHAMBERS
5:00 P.M.
February 1, 2022
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A. Call City Council Meeting to Order
B. Public Comment
(Any person wishing to provide public comment on a closed session matter may do so at this time.)
C. Recess City Council Meeting to a Closed Session
1. Conference with legal counsel: Existing Litigation - Government Code §54956.9(d)(1) (City Attorney McHugh)
Two Cases:
Steve Unland v City of Redlands, et al; San Bernardino Superior Court Case No. CIVDS 1928349
a.
S.B.C.W. Consulting, Inc. v City of Redlands et al; San Bernardino Superior Court Case No. CIVDS 2015309
b.
February 1, 2022
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6:00 P.M.
D. Reconvene City Council Meeting
E. Invocation by Council Member Gallagher - Pledge of Allegiance (In keeping with long-standing traditions of legislative invocations, this City Council meeting may include a brief invocation. Such invocations are not intended to proselytize or advance any one, or to disparage any other, faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.)
F. Closed Session Report
(No reportable action taken in closed session unless otherwise announced by the City Attorney at this time.)
G. Presentations
1. Presentation of Proclamation declaring February 2022, as Black History Month in the City of Redlands to Jina Imani of the Artlands (Council Member Davis)
H. Public Comments - City Council
(At this time, the City Council will provide an opportunity for the public to address them on any subject, within the jurisdiction of the City Council, which is not already scheduled on this agenda.
However, any matter that requires action will be referred to staff for a report and possible action at a subsequent meeting. Comments will be limited to three {3} minutes.)
I. Consent Calendar
(The following routine items have been recommended for approval and will be acted upon simultaneously unless separate discussion and/or action is requested by a Councilmember or a member of the audience.)
1. Approve minutes of the regular meeting of January 18, 2022 (City Clerk Donaldson)
2. Authorize issuance of a Proclamation declaring the month of February to be Black History Month in the City of Redlands (Council Member Davis)
3. Approve Resolution No. 8301 authorizing remote teleconference meetings by the City Council and all Boards, Commissions, and Committees of the City in accordance with Assembly Bill 361 (2021) for a period of 30 days (Council Member Davis)
4. Approve Resolution No. 8293 declaring intent to annex territory into Community Facilities District 2004-1 (Annexation No. 26), and determine the proposed project is exempt from environmental review pursuant to Section 15061(b)(3) of the state's guidelines implementing the California Environmental Quality Act (CEQA) (Municipal Utilities and Engineering Director Harris)
5. Disclosure of Agreement of Settlement and General Release - Sally Young; San Bernardino County Superior Court Case No. CIVDS1910352 (City Attorney McHugh)
J. Communications
1. Discussion and possible action regarding the renaming of Shoppers Lane, and consideration of Resolution No. 8302 (Mayor Barich)
February 1, 2022
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2. Discussion and possible action relating to City Council compensation and consideration of Ordinance No. 2886 adjusting compensation for City Council Members (Mayor Pro Tem Tejeda)
K. Public Hearings
1. PUBLIC HEARING to consider Resolution No. 8292 (General Plan Amendment No. 144) and adoption of the 2021-2029 Housing Element (6th Cycle Housing Element Update) to the 2035 General Plan, and an Addendum to the previously-certified 2035 General Plan Environmental Impact Report
(Mayor to declare meeting open as a public hearing)
(Development Services Director Desatnik)
L. New Business
1. Consideration of a letter of support for the University of Redlands' State budget request for University Village - A Model Transit-Integrated Neighborhood in Redlands, CA (City Manager Duggan)
2. Consideration of a five-year lease agreement with Lenslock Inc. for body worn cameras in the amount of $478,065 (Police Chief Catren)
3. Consideration of Ordinance No. 2930 (Ordinance Text Amendment No. 360), to amend Title 18 of the Redlands Municipal Code by modifying Chapter 18.92.080(B) pertaining to developments standards in the C-3, General Commercial District to allow residential density in accordance with the existing provisions of Measure “U,” and modify the parking requirements for mixed use development and multifamily-attached residential development projects located within one-half mile of a train station (Development Services Director Desatnik)
4. Consideration of an agreement with LiftOff LLC for the provision of software licensing and consulting services in the amount of $160,000 for the initial term, with an option for four additional extension terms, each in the amount of $130,000 bringing the total compensation during the initial term and four extension terms to an amount not-to-exceed $680,000 (Management Services/Finance Director Garcia)
5. Consideration of a construction contract with Borden Excavating, Inc. for the 2021 CIP Water Pipeline Replacement Project in an amount not to exceed $3,555,000, and determine that the project is categorically exempt from environmental review pursuant to Section 15302 of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)
6. Consideration of an Amendment to the City's Cooperative Agreement with San Bernardino County Transportation Authority for the Interstate 10 at University Street Interchange project; approval of an additional appropriation in the amount of $137,830; and determine approval of this Amendment is exempt from environmental review pursuant to Section 15061(b)(3) of the State's Guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)
M. Individual Council Member Announcements and/or Reports on Activities (No collective discussion or action.)
N. Adjournment
The next regular meeting of the City Council will be held on February 15, 2022.
O. Successor Agency of the former Redevelopment Agency of the City of Redlands
February 1, 2022
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1. Call regular meeting of the Successor Agency Board of Directors to order
2. Public Comments
(At this time, the Agency Board will provide an opportunity for the public to address them on any subject, within the jurisdiction of the Successor Agency of the former Redevelopment Agency of the City of Redlands, which is not already scheduled on this agenda. However, any matter that requires action will be referred to staff for a report and possible action at a subsequent meeting.
Comments will be limited to three {3} minutes.)
3. Approve minutes of the regular meeting of December 7, 2021 (Secretary Donaldson)
4. Adjourn Successor Agency Board of Directors' meeting.
The next regular meeting of the Agency will be held on March 1, 2022
If you challenge any proposed development entitlement listed on this agenda in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Goutam Dobey, of the Municipal Utilities and Engineering Department at (909) 798-7584 ext 2. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
(28 CFR 35.102-35.104 ADA Title II)
Any writings or documents distributed to a majority of the City Council regarding an open session agenda item less than 72 hours before this meeting are available for public inspection at the City Clerk's Office or at the dais of the City Clerk once the open session begins.
Staff reports or other written documentation relating to items referred to on the agenda are available at the A. K. Smiley Public Library, 125 West Vine Street, Redlands, California, and on the City’s website referenced below.
Regular meetings are televised live on Redlands TV Channel 3 (Spectrum) and Channel 35 (Frontier) and re-broadcasted at 7:00 P.M. the following Wednesday, Friday and Sunday; and at 9:00 A.M. Thursday, Saturday and Monday. Agendas, staff reports and minutes of the City Council of the City of Redlands are available on the Internet:
http://www.cityofredlands.org
February 1, 2022
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City Council/Successor Agency Meeting I. 1.
DATE: 02/01/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve minutes of the regular meeting of January 18, 2022 (City Clerk Donaldson)
MOTION:
I move to approve the minutes of the regular meeting of January 18, 2022.
Attachments
Regular Meeting Minutes of January 18, 2022
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MINUTES
Regular meetings of the City Council and the Redlands Financing Authority of the City of Redlands held on January 18, 2022, at 5:00 P.M.
Present: Paul Barich, Mayor
Eddie Tejeda, Mayor Pro Tempore
Denise Davis, Council Member
Jenna Guzman-Lowery, Council Member
Mick Gallagher, Council Member
Staff: Charles M. Duggan, Jr., City Manager; Dan McHugh, City Attorney; Robert Dawes, City Treasurer; Jeanne Donaldson, City Clerk; Janice McConnell, Assistant City Manager; Chris Boatman, Assistant City Manager; Carl Baker, Public Information Officer; Chris Catren, Police Chief; Danielle Garcia, Management Services/Finance Director; Brian Desatnik, Development Services Director; John Harris, Municipal Utilities and Engineering Director; Rich Sessler, Interim Fire Chief
This was conducted as a teleconference meeting held in the City Council Chambers, Civic Center, 35 Cajon Street, Redlands, California 92373 and held in the Grand View Room, Redlands Community Senior Center, 111 West Lugonia, Redlands, CA 92374.
Mayor Barich, Mayor Pro Tempore Tejeda and Council Member Davis were present in the Council Chamber, while Council Member Guzman-Lowery attended via teleconferencing at the Redlands Community Senior Center. Most City staff participated remotely. All votes during the meetings were conducted by roll call.
Mayor Barich called the meeting to order at 5:00 P.M. and a quorum was established.
PUBLIC COMMENT
None forthcoming
CLOSED SESSION
Conference with real property negotiators - Government Code §54956.8 (Municipal and Utilities and Engineering Director Harris) Property: APNs 0300-451-13-0000, 0300-451-14-0000, 0300-451-24-0000, 0300-451-25-0000; (Property located on Helen Court)
Agency
Negotiators:
Charles M. Duggan and John R. Harris
Negotiating
Party:
Cathy A. Macknet, Kenneth D. Macknet II, Mark R. Macknet Under
negotiation:
Terms of payment and price of possible property purchase by City CC_RFA_January 18, 2022
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Conference with real property negotiators - Government Code §54956.8 (Municipal and Utilities and Engineering Director Harris) Property: APNs 0318-061-07-0000, 0318-111-02-0000, 0303-071-14-0000, 0299-321-04-0000
Agency
Negotiators:
Charles M. Duggan and John R. Harris
Negotiating Party: South Mountain Water Company
Under negotiation: Terms of payment and price of possible property purchase by City
RECONVENE CITY COUNCIL MEETING
The meeting reconvened at 6:00 P.M.
2022 By-District Council Member Election Boundaries
Mayor Barich opened the public hearing and called on Development Services Director Desatnik who introduced Todd Tatum, of National Demographics Corporation (NDC). Mr.
Tatum provided a brief overview of the redistricting process to examine the current district boundaries and how that lines up with the 2020 Census data. He highlighted the following City specific information: Current Total Population is 73,385; Each District population should be roughly 14,680; Current Deviation is 3.60%; The current District Map is considered ‘Balanced’ based on the criteria of the California Voting Rights Act and the City would not need to make changes to the districts. The districts must be substantially equal in population and the draft map, which is based on existing district boundaries has been reviewed for compliance with Federal and State law including the Voting Rights Act and the Fair And Inclusive Redistricting for Municipalities And Political Subdivisions (FAIR MAPS) Act. He reviewed the federal laws, state criteria and listed other traditional redistricting principles, including: Minimizing voters shifted to different election years; Respecting voters’ choices / continuity in office; Future population growth; Preserving the core of existing districts.
Mayor Pro Tem Tejeda requested the Council consider developing a new map which might reflect more balance among all the districts and offer a deviation of less than 3.60%, as seen in the consultant's map. He mentioned that in 2017 when the City was first determining district boundaries, a map was drawn by students and professors from the University of Redlands, and he recommended this map could be utilized as a guide for establishing tighter balances among the districts. Mr. Tatum agreed this was certainly doable and NDC could immediately begin to draw a new map. With no further comments, the Mayor closed the Public Hearing.
Materials for members of the public to utilize for drawing draft district maps and submitting proposed maps to the City are available on the City’s redistricting website, which can be found at drawredlands.org
where the current election district boundary map, demographics and paper mapping tools can be found. The public is invited to submit information regarding their Communities of Interest and proposed district boundaries for the 2021 redistricting process by January 31, 2022, and all draft maps will be published to the website on February 7, 2022. The future hearing date to consider draft maps will be held on February 15, 2022, and for final map adoption by April 17, 2022.
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and for final map adoption by April 17, 2022.
Invocation
Council Member Guzman-Lowery presented an invocation which was followed by the pledge of allegiance to the American flag.
Council Member Appointment District 5
On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, the appointment of Mick Gallagher to serve on the City Council representing Council District 5 until a newly elected Council Member takes office in December 2022.
Vote: 4 - 0 Passed
Oath of Office
- City Clerk Donaldson administered the oath of office to newly appointed Council Member Gallagher
Mayor Barich recessed the meeting briefly and reconvened at 6:27 P.M.
Appointee Comments
- Council Member Gallagher recognized the tremendous service of former Council Member Paul W. Foster and thanked the Council Members for placing their confidence in him with this appointment. He expressed his appreciation of the City, his wife, Sandie, and was honored to serve again on the Council.
CLOSED SESSION REPORT
City Attorney McHugh announced that no reportable action was taken during the closed session.
PUBLIC COMMENT
None forthcoming
CONSENT CALENDAR
Minutes
On motion of Mayor Paul Barich, seconded by Council Member Denise Davis, the City Council approved, by roll call vote, the minutes of the regular meeting of December 21, 2021.
Vote: 4 - 1 Passed
ABSTAIN: Council Member Gallagher
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Emergency Resolution No. 8065 Report
On motion of Council Member Mick Gallagher, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, the Report regarding Emergency Resolution No. 8065 proclaiming the existence of a local emergency in response to COVID-19 (Coronavirus Disease 2019).
Vote: 5 - 0 Passed
2020-21 Year-End Encumbrance and Carryover Balances
On motion of Council Member Mick Gallagher, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, additional appropriations of 2020-21 Year-End Encumbrance and Carryover Balances.
Vote: 5 - 0 Passed
Cellular Tower Lease Revision
On motion of Council Member Mick Gallagher, seconded by Council Member Denise Davis, the City Council unanimously determined, by roll call vote, that approval of the revised request to co-locate facilities on an existing cellular tower lease site at the Dearborn Reservoir site is exempt from environmental review under Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act; and approved the revised Crown Castle Consent Request to co-locate facilities on an existing cellular tower lease site at the Dearborn Reservoir site.
Vote: 5 - 0 Passed
Resolution No. 8290 Yucaipa Sub-Basin Groundwater Sustainability Plan
On motion of Council Member Mick Gallagher, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, Resolution No. 8290, to adopt the Yucaipa Sub-Basin Groundwater Sustainability Plan (Basin No. 8-002.07).
Vote: 5 - 0 Passed
Aerial Mapping & Land Surveying Services Agreement
On motion of Council Member Mick Gallagher, seconded by Council Member Denise Davis, the City Council unanimously determined, by roll call vote, that the agreement with Aero Tech Surveys is exempt from environmental review pursuant to Section 15301 of the State's guidelines implementing the California Environmental Act; and approved an agreement with Aero Tech Surveys to provide aerial mapping and land surveying services for the California Street Landfill in an amount not-to-exceed $39,000 for the initial term of one year, with the option to extend by two additional one-year terms for a total amount not-to-exceed $117,000.
Vote: 5 - 0 Passed
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Vote: 5 - 0 Passed
Traffic Signal Cabinet Battery Backup Systems Purchase
On motion of Council Member Mick Gallagher, seconded by Council Member Denise Davis, the City Council unanimously determined, by roll call vote, that approval of the purchase order is exempt from environmental review pursuant to Section 15301 of the State's guidelines implementing the California Environmental Act; and approved a sole source purchase order with NexTech Systems, Inc. for the provision of traffic signal cabinet battery backup systems in an amount not to exceed $48,500.81.
Vote: 5 - 0 Passed
Request to Consume Alcohol at Smiley Park Watchorn Lincoln Dinner
On motion of Council Member Mick Gallagher, seconded by Council Member Denise Davis, the City Council unanimously determined, by roll call vote, that approval of the request for the consumption of alcoholic beverages within a City park during the Watchorn Lincoln Dinner is exempt from environmental review pursuant to Section 15061(b)(3) of the State’s guidelines implementing the California Environmental Quality Act; and approved the request for the consumption of alcoholic beverages at Smiley Park during the Lincoln Dinner to be held on February 12, 2022.
Vote: 5 - 0 Passed
California Market Match Program Grant Acceptance
On motion of Council Member Mick Gallagher, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, the acceptance of the California Market Match Program Grant through the Ecology Center in the amount of $4,260; and approved an additional appropriation of the same.
Vote: 5 - 0 Passed
Citizens' Measure T Oversight Committee Appointment
On motion of Council Member Mick Gallagher, seconded by Council Member Denise Davis, the City Council unanimously appointed, by roll call vote, Edward Ico to serve the remainder of an unexpired term representing Council District 2 on the Citizens' Measure T Oversight Committee ending April 20, 2025, as recommended by Mayor Pro Tem Tejeda.
Vote: 5 - 0 Passed
COMMUNICATIONS
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Video Series Making Redlands a Better Place
Public Information Officer Baker presented a new video from the video series “Working for You: Making Redlands a Better Place.” This month's video highlighted Aaron Canedo, Water Distribution Supervisor. Filming and production work was provided by Cheryl Williams, Multimedia Production Coordinator.
Hometown Heroes Recognition
Assistant City Manager Boatman commemorated military service members whose banners have been retired from the Redlands Hometown Heroes Military Banner Program. The program recognizes and honors Redlands residents and their immediate family members who are actively serving in, or have been honorably discharged from the United States Armed Forces. Council Member Gallagher offered his heartfelt thanks to this group of Hometown Heroes. With appreciation for their sacrifice associated with military service to our country, the following banners have been retired:
1. Andrew Felarca, Navy - Banner flown over the streets of Redlands from May 2013 to March 2021
2. Anthony Garcia, Army - Banner flown over the streets of Redlands from May 2012 to March 2021
3. Skylar Nieman, Army - Banner flown over the streets of Redlands from May 2012 to March 2021
4. Jacob Rechsteiner, Army - Banner flown over the streets of Redlands from November 2012 to March 2021
5. Alexander Tovar, Marines - Banner flown over the streets of Redlands from November 2012 to March 2021
Council Ad Hoc COVID-19 Subcommittee
Mayor Pro Tem Tejeda explained that in 2020, the City Council formed an Ad Hoc Committee comprised of then Mayor Foster and Mayor Pro Tem Davis, who provided guidance to staff on matters relating to the COVID-19 pandemic. With the recent retirement of Paul Foster, a vacancy exists on the Subcommittee, and Mayor Pro Tem Tejeda expressed an interest in filling the empty seat. Council Member Davis thanked Mayor Pro Tem Tejeda for his willingness to serve on the Subcommittee.
On motion of Mayor Paul Barich, seconded by Council Member Denise Davis, the City Council unanimously appointed, by roll call vote, Mayor Pro Tem Tejeda to the Council Ad Hoc COVID-19 Subcommittee, to fill the vacancy left by the retirement of Council Member Foster.
Vote: 5 - 0 Passed
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Renaming Shoppers Lane
Council Member Davis recapped events leading to the consideration of the renaming of Shoppers Lane to Al Harris Avenue. Mr. Harris, a long-time employee of Krikorian Theater, was beloved by many in the community. Council Members Davis and Guzman-Lowery fully supported the renaming, not only as a way to honor the man, but also to honor the over 10,000 electronic signatures collected. Council Member Gallagher and Mayor Barich stressed the City should use the highest standards when naming streets and public places. They agreed Mr. Harris was a great guy, but they raised questions whether he was the most deserving of this honor. Mayor Barich put forth the name of Joseph A. Rivera, a Latino and the City's first constable.
As public comment, Robb McDermott stated that he created the petition and collected the signatures. He and Andy Hoder listed various reasons for their support to rename the street to Al Harris Avenue. Phil Courtney added he had spoken with the LOOK theater owner, and they were planning to build a memorial wall for Al Harris. Mario Saucedo, of Common Vision Coalition, and Toni Momberger provided some historical background of Joseph A.
Rivera and urged the Council to consider honoring him by renaming the street in his memory.
Council Members continued to discuss the matter at length with no clear consensus.
On motion of Council Member Denise Davis, seconded by Council Member Jenna Guzman-Lowery, the City Council failed, by roll call vote, to rename Shoppers Lane to Al Harris Avenue.
Vote: 2 - 3 Failed
NAY: Mayor Paul Barich
Mayor Pro Tempore Eddie Tejeda
Council Member Mick Gallagher
Another motion, made by Mayor Pro Tem Tejeda, to rename Shoppers Lane in honor of Joseph A. Rivera, failed due to lack of a second.
Resolution No. 8291 Virtual City Council Meetings
Assistant City Manager McConnell provided background related to holding virtual City Council meetings in compliance with Assembly Bill 361. She listed the specific requirements for public agencies to hold virtual meetings during a proclaimed state of emergency to remain in compliance with the Brown Act, including the requirement to provide a way for real-time public comments to be made. She presented Resolution No. 8291, authorizing remote teleconference meetings by the City Council and all boards, commissions and committees of the City in accordance with AB 361. Council Member Davis encouraged her colleagues to support the resolution to allow the Council flexibility and give the option to attend meetings remotely, while also protecting the public health.
On motion of Council Member Denise Davis, seconded by Mayor Pro Tempore Eddie Tejeda, the City Council unanimously approved, by roll call vote, Resolution No. 8291.
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Vote: 5 - 0 Passed
PUBLIC HEARINGS
Parking Requirements Downtown Specific Plan
Mayor Barich opened the public hearing and called on Development Services Director Desatnik for details on the proposal to amend the Redlands Municipal Code pertaining to developments standards in the C-3, General Commercial District to allow residential density in accordance with the existing provisions of Measure “U,” and modify the parking requirements for mixed use development and multifamily-attached residential development projects located within one-half mile of a train station. The 2035 General Plan encourages new infill development in the interior core areas of the City and around the three new train stations in particular. This infill development is to emphasize transit-oriented development, of which compact mixed uses (residential combined with commercial uses) play a key role. The proposed amendments will reduce ambiguity concerning density allowed in the C-3, General Commercial zone for the downtown area and modify on-site parking standards for mixed-use projects and residential projects located within one-half mile of a train station. This will better match the actual parking demands of transit-oriented developments. The Planning Commission reviewed the proposed code amendment and voted 4 to 1 recommending approval to the City Council.
Council Member Gallagher and Mayor Barich were not convinced the parking demands of downtown development would be reduced, and they expressed concerns that the public will continue to drive their vehicles and will still need to park. Mayor Pro Tem Tejeda wanted to make it clear to everyone that the Council was aware the public considered parking to be a big concern, and he said addressing those concerns was a priority of the City. Council Members Davis and Guzman-Lowery supported the amendments and the transit village concept, built on smart growth through the use of smarter planning and development principles.
As public comment, Andy Hoder did not support the proposals, questioned the math used to determine the projected parking needs and reminded everyone that former Council Member Foster publicly opposed these changes, stating the developers were the ones to benefit. Ruth Cook stressed the nature of finding the right balance between having just enough parking and having too much parking. Brian Seghers stated that parking spaces downtown were already limited, and he was concerned the amendments would favor large developers and place an undue burden on small business owners. No written comments were received and Mayor Barich closed the public hearing.
Director Desatnik pointed out that walkability attracts the public to a downtown area, and he recommended the City better utilize the existing parking spaces and work towards informing and educating the public. City Manager Duggan added the proposals were not intended as a developer incentive but were meant to standardize the actual need with the demand. He said he was planning to direct staff to reexamine the downtown parking situation and provide a report to Council in the next fiscal year.
On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, CC_RFA_January 18, 2022
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On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, the City Council introduced, by roll call vote, Ordinance No. 2930 (Ordinance Text Amendment No. 360), to amend Title 18 of the Redlands Municipal Code by modifying Chapter 18.92.080(B) pertaining to developments standards in the C-3, General Commercial District to allow residential density in accordance with the existing provisions of Measure “U,” and modify the parking requirements for mixed use development and multifamily-attached residential development projects located within one-half mile of a train station; and approved Resolution No. 8274 Specific Plan Amendment No. 22 to the Downtown Specific Plan (Specific Plan No. 45), to amend Section III, Part C (Property Development Standards), sub-sections 1.7 and 3.7 of Specific Plan No. 45, to modify the on-site parking requirements for mixed use development and multifamily attached residential development projects located within one-half mile of a train station.
Vote: 3 - 2 Passed
NAY: Mayor Paul Barich
Council Member Mick Gallagher
NEW BUSINESS
Resolution No. 8263 Independent Contractor Agreements
Assistant City Manager Boatman reviewed Resolution No. 8263 authorizing the City Manager to approve standard form Independent Contractor Agreements for recreational services and programs, administered by the Facilities and Community Services Department Recreational Division. He explained the change to the procedures will enhance the number of programs offered through the Recreation Division and will provide for a more efficient and timely permitting process. The current process requires that each similar agreement be considered and approved by the City Council. The proposed resolution would streamline this process and allow the City Manager or designated City staff to administratively approve the Recreation Division standard form of independent contractor agreements.
On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Mick Gallagher, the City Council unanimously approved, by roll call vote, Resolution No. 8263, authorizing the City Manager to approve standard form Independent Contractor Agreements for recreational services and programs, administered by the Facilities and Community Services Department Recreational Division; and determined that approval of the resolution is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act.
Vote: 5 - 0 Passed
CFD Landscape Services Amendment
Assistant City Manager Boatman presented the need for the First Amendment to the CC_RFA_January 18, 2022
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Assistant City Manager Boatman presented the need for the First Amendment to the non-professional services agreement with RP Landscape and Irrigation to increase the second renewal annual compensation from $66,036 to $122,663.92 and the total compensation under the Agreement to an amount not-to-exceed $254,735.92. Staff performed a cost projection for the existing contract and determined that an additional $56,627.92 will be needed for the remainder of the agreement to address additional landscaping.
On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, the City Council unanimously determined, by roll call vote, that approval of the first amendment to the non-professional services agreement with RP Landscape and Irrigation is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act; and approved the first amendment to the non-professional services agreement with RP Landscape and Irrigation to increase the second renewal annual total compensation from $66,036 to $122,663.92; and the total compensation under the agreement to an amount not-to-exceed $254,735.92.
Vote: 5 - 0 Passed
WWTP Recycled Water Reservoir Engineering Project
Municipal Utilities and Engineering Department Director Harris introduced a Professional Services Agreement with Carollo Engineers for the WWTP Recycled Water Reservoir Engineering Project. The intent of the project is to engineer two 1.5 MG recycled water reservoirs at the WWTP to store this water for a more beneficial use. One reservoir is scheduled for construction in FY 22/23, and the second reservoir is scheduled for construction in FY 23/24.
On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Mick Gallagher, the City Council unanimously determined, by roll call vote, that approval of a Professional Services Agreement with Carollo Engineers is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act; approved an additional expenditure appropriation of $734,839 from the Non-Potable Capital Improvement Fund (532), which is a Development Impact Fee Fund; and approved the Professional Services Agreement with Carollo Engineers for the WWTP Recycled Water Reservoir Engineering Project in an amount not-to-exceed $734,839.
Vote: 5 - 0 Passed
COUNCIL MEMBER ANNOUNCEMENTS AND ACTIVITIES
Council Member Davis thanked City Attorney McHugh for his participation with the Youth Council held via zoom on January 12, 2022.
ADJOURNMENT
There being no further action required the meeting adjourned at 8:06 P.M. The next regular meeting of the City of Redlands City Council will be held on February 1, 2022
CC_RFA_January 18, 2022
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REDLANDS FINANCING AUTHORITY
Chairman Barich called the meeting to order and offered anyone present the opportunity to address the Board on any subject, not already on the agenda, within the jurisdiction of the Redlands Financing Authority.
PUBLIC COMMENTS
None forthcoming
Minutes
On motion of Vice Chair Tejeda, seconded by Board Member Davis, the minutes of the regular meeting of September 21, 2021, were approved, by roll call vote.
Vote: 4 - 1 Passed
ABSTAIN: Board Member Gallagher
ADJOURNMENT
There being no further business, the Redlands Financing Authority adjourned at 8:07 P.M. The next regular meeting of the Agency will be held on May 17, 2022.
CC_RFA_January 18, 2022
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City Council/Successor Agency Meeting I. 2.
DATE: 02/01/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Authorize issuance of a Proclamation declaring the month of February to be Black History Month in the City of Redlands (Council Member Davis)
MOTION:
I move to authorize the issuance of a Proclamation declaring the month of February to be Black History Month in the City of Redlands.
Attachments
Proclamation Black History Month
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City Council/Successor Agency Meeting I. 3.
DATE: 02/01/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve Resolution No. 8301 authorizing remote teleconference meetings by the City Council and all Boards, Commissions, and Committees of the City in accordance with Assembly Bill 361 (2021) for a period of 30 days (Council Member Davis)
MOTION:
I move to approve Resolution No. 8301.
DISCUSSION:
On January 18, the City Council adopted Resolution No. 8291 authorizing remote teleconference meetings by the City Council and all Boards, Commissions, and Committees of the City in accordance with Assembly Bill 361 (2021) for a period of 30 days ending February 17, 2022. AB 361, signed into law on September 16, 2021, amends Government Code Section 54953 to provide the authority and specific requirements for public agencies to hold virtual meetings during a proclaimed state of emergency and remain in compliance with the Brown Act.
In accordance with Government Code Section 54953 (e)(3), the City Council must review the need and make findings for continuing the teleconferencing as authorized by AB 361 at least once every thirty days until the Governor terminates the state of emergency. With the adoption of Resolution No. 8301, the City Council is reaffirming its findings and compliance to AB 361 for an additional 30 days ending March 2, 2022.
SUBMITTED BY:
Council Member Denise Davis
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Attachments
Resolution No. 8301 Teleconference Meeting
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RESOLUTION NO. 8301
A RESOLUTION OF THE C ITY COUNC IL OF THE CITY OF REDLANDS
AUTHORIZING REM OTE TE LECONFERENCE M EETINGS BY THE CITY
COUNCIL AND ALL BOARDS, COMMISSIONS, AND COMMITTEES OF THE CITY IN ACCORDANCE WITH ASSEMBLY BILL 361 (2021) FOR A PERIOD
OF THIRTY DAYS
WHEREAS, C OVID-19 (also kno wn as the “Coronavirus Dis ease”) is a respiratory disease that has spread across the globe, with thousands of confirmed cases in California, including within the City of Redlands (“City”); and
WHEREAS, on Janu ary 31, 2020, t he Un ited States Secretary of Hea lth and Hu man Services declared a public health emergency based on the threat caused by COVID-19, and the President of the United States issued a proclamation declaring a national emergency concerning COVID-19 beginning March 1, 2020; and
WHEREAS, in response to COVID-19, the Governor of the State of Ca lifornia issued a proclamation of a state of emergency on March 4, 2020; and
WHEREAS, the City Council of the City adopted a p roclamation of a local emergency related to the COVID-19 virus on March 17, 2020; and
WHEREAS, the C ity is co mmitted to pre serving and fost ering pub lic ac cess, transparency, observation, and participation in m eetings of t he City Council and City bo ards, commissions, and committees (hereafter collectively referred to as “legislative bodies;”) and
WHEREAS, all meetings of the City Council and legislative bodies are open and publi c as required by the Ral ph M. Bro wn Act (“Brown Act”) (Government Code s ection 54950 et seq.), so that any member of the public may attend, observe, and participate in a meaningful way; and
WHEREAS, Government Code section 54953(b)(3) of the Bro wn Act allows a lo cal legislative body to ho ld pub lic m eetings by tel econference and to make pub lic m eetings accessible telephonically or o therwise e lectronically to all memb ers of the pub lic seeking to attend and to address the local legislative body, as long as the following requirements are met:
1. Each teleconference location from which a member is par ticipating is no ticed on the agenda;
2. Each teleconference location is accessible to the public;
3. Members of the public must be able to address the body at each teleconference location;
4. At least one member of the legislative body must be physically present at the location specified in the meeting agenda; and
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5. During teleconference meetings, at least a quorum of the memb ers of the lo cal body must participate from locations within the local body’s territorial jurisdiction; and
WHEREAS, the Brown Act, as amended by AB 361 (2021), at Government Code section 54953(e), allows for remote observation and participation in meetings by members of a legislative body and members of the public without compliance with the requirements of Government Code section 54953(b)(3), subject to certain conditions; and
WHEREAS,
the initial required condition of Government Code section 54953(b)(3) is a declaration of a state of em ergency by the Gov ernor p ursuant to the Ca lifornia Em ergency Services Act at Gov ernment Code s ection 8625, pro claiming the existen ce of cond itions of disaster or of extreme peril to the safety of persons and property within the state and within the boundaries of the City, caused by conditions as described in Government Code section 8558; and
WHEREAS, the Governor’s proclamation of a state of e mergency includes area within the jurisdictional boundaries of the City; and
WHEREAS, Government Code section 54953(e)(3)(A-B), added by AB 361, provides an a lternative to h aving pu blic m eetings in accordance wi th Gov ernment Co de S ection 54953(b)(3) when the City Council has r econsidered the circumstances of the COV ID-19 state of emergency and that the following circumstances exist:
1. The state of emergency as a result of COVID-19 continues to directly impact the ability of the members of City Council and the members of the City’s boards, commissions, and committees to meet safely in person; and
2. The State of California and the County of San Bernardino con tinue to recommend measures to promote social distancing; and
WHEREAS, Gov ernment Code S ection 54953(e) fu rther requ ires that state or lo cal officials have imposed, or reco mmended, measures to p romote social d istancing, or the legislative body finds that m eeting in person would present an imminent risk to the h ealth or safety of attendees; and
WHEREAS, such conditions now exist in the City in that (i) state and local officials do recommend social distancing measures, and (ii) emergency conditions evidenced by COVID-19 and its variants create ongoing COVID-19 cases, hospitalizations, and deaths, such that m eeting in person would present imminent risk to health or safety of attendees; and
WHEREAS, the City Council affirms that it will allow for observation and participation by City Coun cil memb ers as well as bo ard, co mmission, and commi ttee members and the public, via Zoom, or other appropriate technology, in an effort to protect the cons titutional and statutory rights of all attendees; and
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WHEREAS, Government Code Section 54953 (e)(3) further requires that the City Council review the need and make findings for continuing the teleconferencing as authorized by AB 361 at least once every thirty days until the Governor terminates the state of emergency;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDLANDS HEREBY RESOLVES AS FOLLOWS:
Section 1. The abo ve recitals are true and correct and are incorporated herein by th is reference.
Section 2. The City Council finds that the state of emergency conditions related to COVID-19 as set forth in the Governor’s and City’s proclamations of emergency are on-going.
Section 3. The City Council fu rther finds th at State and coun ty officials recommend social distancing conditions causing imminent risk to attendees as described above exist.
Section 4. The City Council hereby recognizes and affirms the existence and conditions of a state of em ergency as proclaimed by the Gov ernor, and the City, and affirms, au thorizes, and proclaims the existence of a local emergency throughout the City.
Section 5. The City Co uncil finds that the state of em ergency as a result of COVID-19 continues to directly impact the ability of members of the City Council and the members of the City’s b oards, c ommissions, and co mmittees to m eet safely in per son and such fac t creates an imminent health risk to such members.
Section 6. The City Council hereby authorizes the City Council, and all of the boards , commissions, and committees of the City, to conduct th eir meetings without compliance with Government Code s ection 54953 (b)(3), and to inst ead comply w ith the remote m eeting requirements as authorized by Government Code section 54953(e).
Section 7. The City Manager and City Clerk are authorized and directed to take all actions reasonably necessary to carry out the intent and purpose of this Resolution, including, conducting open and public meetings remotely in accordance with Government Code section 54953(e), and other applicable provisions of the Brown Act, for a ll City Coun cil meetings, and all boards , commissions, and committee meetings of the City.
Section 8. This Resolution shall take effect immediately upon its adoption and shall be effective until either (i) March 2, 2022 or (ii) such time as the City Council adopts a Subsequent Resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the City Council and all City legislative bodies may continue to meet remotely, without compliance with Gov ernment Code s ection 54953(b )(3), but otherwi se as p ermitted by Government Code section 54953(e).
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ADOPTED, SIGNED AND APPROVED this 1st day of February, 2022.
________________________
Paul T. Barich, Mayor
ATTEST:
____________________________
Jeanne Donaldson, City Clerk
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I, Jeanne Donaldson, City Clerk of the City of Redlands, do hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting thereof held on the 1st day of February, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
______________________________
Jeanne Donaldson, City Clerk
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City Council/Successor Agency Meeting I. 4.
DATE: 02/01/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve Resolution No. 8293 declaring intent to annex territory into Community Facilities District 2004-1 (Annexation No. 26), and determine the proposed project is exempt from environmental review pursuant to Section 15061(b)(3) of the state's guidelines implementing the California Environmental Quality Act (CEQA) (Municipal Utilities and Engineering Director Harris)
MOTION(S):
If the City Council determines that staff recommendations are appropriate, the following motions are provided:
I move that the City Council determine approval of Resolution No. 8293 is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act; and
1. I move to approve Resolution No. 8293.2.
RECOMMENDATION:
Staff recommends City Council adopt Resolution No. 8293, declaring intention to annex territory into Community Facilities District No. 2004-1, and determine the proposed project is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act.
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DISCUSSION:
The City Council established Community Facilities District No. 2004-1 (CFD) for the purpose of providing certain services which are necessary to meet demands placed upon the City by development. The City Council adopted Resolution No. 8286, a Resolution of Intention to annex territory into the CFD on December 21, 2021. On the Annexation Map for Annexation No. 26, the properties to be annexed were identified as Assessor's Parcel Numbers 0167-091-02-0000, 0167-091-04-0000, 0167-091-05-0000, and 0167-091-08-0000, which were being subdivided by Tract Map No. 20257 into a single family residential subdivision comprised of 207 numbered lots and 7 lettered lots.
The San Bernardino County has assigned new Assessor Parcel Numbers (APNs) to all the parcels created with Tract Map No. 20257. Therefore, a new Resolution of Intention must be adopted to schedule a public hearing stating the City’s intention to annex the newly numbered parcels into Community Facilities District No. 2004-1 in order that they may be developed and receive the benefit of services which will be financed by the annual levy of special taxes on said property sufficient to pay the costs of such services and costs incidental thereto.
City staff received a petition from Lennar Homes of California, Inc. requesting annexation of its property into the CFD for the maintenance of perimeter lettered lots, retention basins, and street trees within and adjacent to Tract Map No. 20257. When the petition was prepared the Assessor's Parcel Numbers for the property area were 0167-091-02-0000, 0167-091-04-0000, 0167-091-05-0000, and 0167-091-08-0000. This area is now identified as Assessor’s Parcel Numbers 0167-462-01-0000 through 0167-462-33-0000, 0167-463-01-0000 through 0167-463-70-0000, 0167-473-01-0000 through 0167-473-72-0000, and 0167-474-01-0000 through 0167-474-39-0000 as shown on Attachment C. This annexation is for the property located at the northwest corner of Texas Street and San Bernardino Avenue. Tract Map No. 20257 was approved by the City Council on October 19, 2021.
If Resolution No. 8293 is approved, a public hearing will be scheduled for the City Council meeting on March 15, 2022. Approval of Resolution No. 8293 will also rescind Resolution No. 8286 which scheduled a public hearing for February 15, 2022, on this matter.
The proposed project is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (CEQA) as it has been determined there is no possibility the annexation of the proposed project will result in any environmental effect.
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ALTERNATIVES:
N/A
STRATEGIC PLAN:
N/A
SUBMITTED BY:
John R. Harris, Municipal Utilities and Engineering Director RECOMMENDED BY:
Charles M. Duggan, Jr., City Manager
REVIEWED BY:
Daniel J. McHugh, City Attorney
Janice McConnell, Assistant City Manager
Christopher Boatman, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:
Donald Young, One Stop Permit Center Manager
Fiscal Impact
Discussion:
There is no financial impact. All costs associated with the annexation are paid by the developer.
Attachments
Attachment A. Resolution No. 8293
Attachment B. Signed Petition for Annexation
Attachment C. Annexation Boundary Map
Attachment D - Resolution No. 8286
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
AMENDING AND RESTATING RESOLUTION DECLARING INTENTION
TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2004-1 OF THE CITY OF REDLANDS AND ADOPTING A MAP OF THE AREA PROPOSED TO BE ANNEXED THERETO (ANNEXATION NO. 26 ) AND RESCISSION OF RESOLUTION NO. 8286
WHEREAS, on December 21, 2021, the City Council (the “City Council”) of the City of Redlands (the “City”) , pursuant to Article 3.5 (commencing with Section 53339 of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the “Mello-Roos Community Facilities Act of 1982 ” (the “Act”), adopted a resolution entitled “Resolution of the City Council of the City of Redlands Declaring Intention to Annex Territory to Community Facilities District No. 2004 -1 of the City of Redlands and Adopting a Map of the Area Proposed to be Annexed Thereto (Annexation No. 26)” (the “Resolution of Intention”), stating its intention to annex certain parcels of p roperty to Community Facilities District No. 2004-1 of the City of Redlands, County of San Bernardino, State of California (the “Community Facilities District”) in order that they may be developed and receive the benefit of services which will be financed by the annual levy of special taxes on said property sufficient to pay the costs of such services and costs incidental thereto; and
WHEREAS, the Resolution of Intention described t he territory to be annexed in Exhibit “A” thereof, which territory consisted of four Assessor’s Parcel Numbers; and WHEREAS, the Resolution of Intention also adopted a map of the territory proposed to be annexed to the Community Facilities District entitled “Annexation Map No. 26, Community Facilities District No. 2004 -1 of the City of Redlands, County of San Bernardino, State of California,” which map referenced the four Assessor’s Parcel Nos. (the “Annexation Map”); and WHEREAS, the Assessor’s Parcel Numbers were subdivided such that the Assessor’s Parcel Nos. have changed and increased in number; and
WHEREAS, this resolution amends and restates in its entirety the Resolution of Intention adopted December 21, 2021;
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS:
Section 1. Recitals. The above recitals are true and correct and are hereby incorporated into this resolution.
Section 2. Name of District. The name of the existing Community Facilities District is “Community Facilities District No. 2004-1 of the City of Redlands, County of San Bernardino, State of California.”
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2 L:\ca\Reso\8293 CFD 2004-1 - Annex 26 Amended and Restated Resolution of Intention-c1.DOC Section 3. Amendment of Rate and Method. The reference to the “Los Angeles - Riverside-Orange County” Consumer Price Index in Section C of the Rate and Method is hereby replaced with the “Riverside- San Bernardino-Ontario Consumer Price Index.” No other portion of the Rate and Method shall be amended.
Section 4. Intention. The City Council declares its intention to conduct proceedings pursuant to said Article 3.5 for the annexation to the Community Facilities District of the territory described in Exhibit “A” attached hereto. The City Council determines that the public convenience and necessity require that such territory be annexed to the Community Facil ities District.
Section 5. Description of Territory Proposed To Be Annexed; Annexation Map. The territory which is included in the Community Facilities District is described on the map of the Community Facilities District recorded on May 18, 2004 in Book 76 of Maps of Assessment and Community Facilities Districts, page 94, and as Instrument No 2004- 0347327 in the official records of the County of San Bernardino. The territory proposed to be annexed to the Community Facilities District is described in Exhibit “A” attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled “Annexation Map No. 26, Community Facilities District No. 2004 -1 of the City of Redlands, County of San Bernardino, State of California,” which is on file with the City Clerk (the “Annexation Map”).
Section 6. Types of Services; Incidental E xpenses; Plan for Providing Services . The services to be provided and financed by the Community Facilities District are the maintenance of perimeter lettered lots, retention basins, and street trees adjacent to Tract Map No. 20257, including but not limit ed to, landscape maintenance in the area of the Property and the Community Facilities District. The Community Facilities District shall also finance costs associated with the determination of the amount of and the levy and collection of special taxes which are levied to provide such services and costs otherwise incurred in order to carry out its authorized purposes. The services described above shall be provided, as needed, throughout the Community Facilities District and the territory proposed to be annexe d thereto for the benefit of all owners of property and residents of the Community Facilities District and the territory proposed to be annexed thereto. All owners of taxable parcels of property within the Community Facilities District and the territory pr oposed to be annexed thereto shall pay special taxes at the same rate to finance the annual cost of providing such services. The services to be provided and financed by the Community Facilities District, as previously described, are necessary to meet increased demands placed upon the City as a result of development occurring within the Community Facilities District and the territory proposed to be annexed thereto.
Section 7. Special Taxes. Except where funds are otherwise available, special taxes sufficient to pay th e costs of the services described in Section 6 above and the annual administrative expenses of the City and the Community Facilities District in determining, apportioning, levying and collecting such special taxes, shall be annually levied within the territory proposed to be annexed to the Community Facilities District. Pursuant to Section 53340 of the California Government Code, the special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem
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Section 8. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the City Council adopts the Annexation Map as the map of the area proposed to be annexed to the Community Facilities District. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation Map in her office and shall file a copy of the Annexation Map with the County Recorder of the County of San Bernardino no later than 15 days prior to the date of the hearing specified in Section 9 hereof.
Section 9. Hearing. A public hearing on the proposed annexation of said territory to the Community Facilities District shall be held at 6:00 p.m., or as soon thereafter as the matter may be heard, on March 15, 2022 in the Council Chambers at the City of Redlands Civic Center, 35 Cajon Street, Redlands, California, or via teleconference as directed by the City due to COVID-19 social distancing guidelines.
Section 10. Notice. The City Clerk shall publish a notice of the time and place of said hearing as required by Section 53322 of the California Government Code, and shall also give notice of the hearing by first class mail to each registered voter and landowner within the territory proposed to be annexed to the Community Facilities District as prescribed by Section 53339.4 of said Code. Said notice shall be published at least seven (7) days and mailed at least fifteen (15) days before the date of the hearing and shall contain the information required by said Section 53339.4.
Section 11. Description of Voting Procedures. The voting procedures to be followed in conducting the election on the proposition with respect to the levy of special taxes within the territory proposed to be annexed to the Community Facilities District to shall be as follows:
(a) If at the time of the close of the public or protest hearing (hereinafter referred to as the “protest hearing”) at least 12 persons are registered to vote within the territory proposed to be annexed to the Community Facilitie s District, the election shall be conducted by the City Clerk, and shall be held on a date selected by the City Council in conformance with the provisions of Section 53326 of the California Government Code (“Section 53326”) and pursuant to the applicable provisions of law regulating elections of the City, insofar as they may be applicable, and pursuant to Section 53326 the ballots for the election shall be distributed to the qualified electors of the territory proposed to be annexed to the Community Facilit ies District by mail with return postage prepaid and the election shall be conducted as a mail ballot election. (b) If at the time of the close of the protest hearing, and for at least the preceding 90 days, less than 12 persons have been registered to vote within the territory proposed to be annexed to the Community Facilities District, and pursuant to Section 53326, the vote is
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(1) The election shall be held on the earliest date following the conclusion of the protest hearing upon which it can be held pursuant to Section 53326 which may be selected by the City Council, or such earlier date as the owners of land within the territory proposed to be annexed to the Community Facilities District and the City Clerk agree and concur is acceptable.
(2) Pursuant to Section 53326, the election may be held earlier than 90 days following the close of the protest hearing if the qualified electors of the territory proposed to be annexed to the Community Facilities District waive the time limits for conducting the election set forth in Section 53326 by unanimous written consent and the City Clerk concurs in such earlier election date as shall be consented to by the qualified electors. (3) Pursuant to Section 53326, ballots for the election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid or by personal service.
(4) Pursuant to applicable provisions of law regulating elections of the City which govern the conduct of mail ballot elections, and Division 4 (commencing wi th Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in a form specified by the City Council in the resolution calling the election, and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a statement pursuant to Section 9401 of the said Code, an impartial analysis by the City Attorney pursuant to Section 9280 of the said Code with respect to the ballot proposition contained in the official ballot, ballot arguments and rebuttals, if any, pursuant to Sections 9281 to 9287, inclusive, of said Code, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of this resolution; provided, however, that such statement, analysis and arguments may be waived with the unanimous consent of all the landowners of the territory proposed to be annexed to the Community Facilities District and shall be so stated in the resolution adopted by the City Council calling the election. (5) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner -voter and the number of votes to be voted by the landowner -voter, and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the la ndowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner -voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner -voter is entitled based on its
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5 L:\ca\Reso\8293 CFD 2004-1 - Annex 26 Amended and Restated Resolution of Intention-c1.DOC land ownership on the proposition set forth in the official ballot as marked thereon in the voting square opposite such proposition, and further certifying as to the acreage of the landowner-voter’s land ownership within the territory proposed to be annexed to the Community Facilities District.
(6) The return identification envelope delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.
(7) The information-to-voter form to be mailed or delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 5:00 o’clock p.m. on the date of the election. (8) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the election, and shall file a statement with the City Council at its next regular meeting regarding the results of such canvass and the election.
The procedures set forth in this section for conducting the election may be modified as the City Council may determine to be necessary or desirable by a resolution subsequently adopted by the City Council.
Section 12. Rescission of Resolution No. 8286. The Resolution of Intention (Resolution No. 8286) adopted on December 21, 2021 is hereby rescinded in its entirety.
ADOPTED this 1st day of February, 2022.
____________________________________
Paul T. Barich, Mayor
ATTEST:
______________________________
Jeanne Donaldson, City Clerk
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CERTIFICATE
I, Jeanne Donaldson, City Clerk of the City of Redlands, do hereby certify that the foregoing resolution was regularly adopted by the City Council of said City at a regular meeting of said City Council duly held on the 1st of February, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Redlands this _______ day of February, 2022.
____________________________________
Jeanne Donaldson, City Clerk
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EXHIBIT “A”
LEGAL DESCRIPTION
FOR
ANNEXATION NO. 26 TO
COMMUNITY FACILITIES DISTRICT NO. 2004-1
CITY OF REDLANDS, COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA
That property located in the City of Redlands, County of San Bernardino, State of California, identified by the following San Bernardino County Assessor’s Parcel Numbers:
0167462010000
0167462020000
0167462030000
0167462040000
0167462050000
0167462060000
0167462070000
0167462080000
0167462090000
0167462100000
0167462110000
0167462120000
0167462130000
0167462140000
0167462150000
0167462160000
0167462170000
0167462180000
0167462190000
0167462200000
0167462210000
0167462220000
0167462230000
0167462240000
0167462250000
0167462260000
0167462270000
0167462280000
0167462290000
0167462300000
0167462310000
0167462320000
0167462330000
0167463010000
0167463020000
0167463030000
0167463040000
0167463050000
0167463060000
0167463070000
0167463080000
0167463090000
0167463100000
0167463110000
0167463120000
0167463130000
0167463140000
0167463150000
0167463160000
0167463170000
0167463180000
0167463190000
0167463200000
0167463210000
0167463220000
0167463230000
0167463240000
0167463250000
0167463260000
0167463270000
0167463280000
0167463290000
0167463300000
0167463310000
0167463320000
0167463330000
0167463340000
0167463350000
0167463360000
0167463370000
0167463380000
0167463390000
0167463400000
0167463410000
0167463420000
0167463430000
0167463440000
0167463450000
0167463460000
0167463470000
0167463480000
0167463490000
0167463500000
0167463510000
0167463520000
0167463530000
0167463540000
0167463550000
0167463560000
0167463570000
0167463580000
0167463590000
0167463600000
0167463610000
0167463620000
0167463630000
0167463640000
0167463650000
0167463660000
0167463670000
0167463680000
0167463690000
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0167463700000
0167473010000
0167473020000
0167473030000
0167473040000
0167473050000
0167473060000
0167473070000
0167473080000
0167473090000
0167473100000
0167473110000
0167473120000
0167473130000
0167473140000
0167473150000
0167473160000
0167473170000
0167473180000
0167473190000
0167473200000
0167473210000
0167473220000
0167473230000
0167473240000
0167473250000
0167473260000
0167473270000
0167473280000
0167473290000
0167473300000
0167473310000
0167473320000
0167473330000
0167473340000
0167473350000
0167473360000
0167473370000
0167473380000
0167473390000
0167473400000
0167473410000
0167473420000
0167473430000
0167473440000
0167473450000
0167473460000
0167473470000
0167473480000
0167473490000
0167473500000
0167473510000
0167473520000
0167473530000
0167473540000
0167473550000
0167473560000
0167473570000
0167473580000
0167473590000
0167473600000
0167473610000
0167473620000
0167473630000
0167473640000
0167473650000
0167473660000
0167473670000
0167473680000
0167473690000
0167473700000
0167473710000
0167473720000
0167474010000
0167474020000
0167474030000
0167474040000
0167474050000
0167474060000
0167474070000
0167474080000
0167474090000
0167474100000
0167474110000
0167474120000
0167474130000
0167474140000
0167474150000
0167474160000
0167474170000
0167474180000
0167474190000
0167474200000
0167474210000
0167474220000
0167474230000
0167474240000
0167474250000
0167474260000
0167474270000
0167474280000
0167474290000
0167474300000
0167474310000
0167474320000
0167474330000
0167474340000
0167474350000
0167474360000
0167474370000
0167474380000
0167474390000
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.
EXHIBIT “B”
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
COMMUNITY FACILITIES DISTRICT NO. 2004-1
OF THE CITY OF REDLANDS
A Special Tax (the “Special Tax”) shall be levied on and collected from each Parcel of Taxable Property (defined below) in Community Facilities District No. 2004- 1 (the “District”), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2004, in an amount determined by the City Council of the City of Redlands, acting in its capacity, as the legislative body of the District (hereinafter as the “Council”), by applying the rate and method of apportionment set forth below. All of the real property in the District, unless exempted by law or by the provisions herein, shall be taxed for the purposes, to the extent, and in the manner provided herein.
A. DEFINITIONS
“Additional Maintenance” means the maintenance of landscaping for Parcels assigned to a Special Tax Rate Category in addition to the Basic Maintenance, including, but not limited to, the maintenance of significant open space, citrus groves , and firebreaks and extensive medians and parkways.
“Additional Maintenance Rate Per Benefit Unit” means the Special Tax Rate per Benefit Unit that will be levied in any Fiscal Year on Parcels of Taxable Property assigned to a Special Tax Rate Category to pay the cost of Additional Maintenance, if any, for such Parcels, including, but not limited to, the City’s administrative costs in levying and collecting the Special Tax and managing and administering the Additional Maintenance in such Fiscal Year.
“Basic Maintenance” means the normal maintenance of basic landscaping within the District, including, but not limited to, parkways , open space areas, medians and street trees and the associated maintenance of bushes, shrubs and ground cover. “Base Rate Per Benefit Unit” means the Special Tax Rate per Benefit Unit that will be levied in any Fiscal Year on all Parcels of Taxable Property in the District to pay the estimated cost of the Basic Maintenance, including, but not limited to, the City’s administrative costs in levying and collecting the Special Tax and managing and administering the Basic Maintenance in such Fiscal Year.
“Benefit Unit” means a Single- family residential lot or dwelling unit or the equivalent.
Commercial property is assigned Benefit Units based on acreage with the basis being four (4) Benefit Units per acre, consistent with the average residential density in the City.
Industrial Property is assigned Benefit Units based on acreage with the basis being two (2) Benefit Units per acre. Multi -family property is assigned 60 percent of one Benefit Unit per dwelling unit and Religious Property is assigned two (2) Benefit Units per acre.
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“City” means the City of Redlands.
“Council” has the meaning set forth in the preamble.
“Commercial Property” means any Parcel that is used for the purpose of selling, distributing or furnishing a product or service.
“Development” means any approved development and/or improvement of property resulting in the recordation of a final map or the issuance of a building permit.
“District” has the meaning set forth in the preamble.
“Exempt Property” means property that is exempt from the levy of the Special Tax, including all publicly owned or dedicated property, sliver parcels, common lots, open space and any other property that cannot be developed.
“Fiscal Year” means the period from and including July 1 st of any year to and including
the following June 30th.
“Industrial Property” means any Parcel that is used for the purpose of manufacturing a product.
“Land Use Category” means any of the categories contained in Table 1 to which Parcels of Taxable Property are assigned consistent with the land use approvals tha t have been received or proposed for the Parcel as of March 1 preceding the beginning of a Fiscal Year.
“Maximum Special Tax Rate(s)” means the Maximum Special Tax Rate(s) per Benefit Unit for Parcels in all Special Tax Rate Categories that can be levied by the Council in any Fiscal Year as determined pursuant to Section C . The Maximum Special Tax Rates per Benefit Unit for Parcels in all Special Tax Rate Categories , including the Base Rate Per Benefit Unit and the Additional Maintenance Rate Per Benefit Unit, as set forth in Table 2, shall be increased by the percentage increase in the Consumer Price Index (All Items) for Los Angeles – Riverside – Orange County (1982 -84 = 100) since the beginning of the preceding Fiscal Year, or by two percent (2%), whic hever is greater, on July 1, 2005 for Fiscal Year 2005 -06 and on each subsequent July 1 for the Fiscal Year then commencing.
“Multi-family Residential Property” means any Parcel of residential property that consists of a building or buildings comprised of attached residential units available for rental, but not purchase, by the general public and under common ownership and/or management.
“Parcel” means a lot or Parcel of land that is identified by an Assessor’s Parcel Number in the Tax Assessment Roll of the County Assessor of the County of San Bernardino.
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“Religious Property” means any Parcel used as a place of worship or for other religious activities.
“Single-family Residential Property” means any Parcel of residential property that is or will be impr oved with a building comprised of attached or detached residential units available for purchase or rent by the general public.
“Special Tax(es)” means the Special Tax to be levied in each Fiscal Year on each Parcel of Taxable Property.
“Special Tax Rate Category” means any of the categories identified in Table 2 to which Parcels of Taxable Property in a Development are assigned based on the cost of the Basic Maintenance and the cost of the Additional Maintenance, if any, which will be provided to such Parcels.
“Taxable Property” means Parcels that are not Exempt Property.
B. ASSIGNMENT TO LAND USE CATEGORY
Parcels of Taxable Property in a Development shall be assigned to the appropriate Land Use Category contained in Table 1. Such Parcels shall also be assigned to the appropriate Special Tax Rate Category contained in Table 2, based on the estimated cost for providing the Additional Maintenance, if any, to the Development. The Special Tax shall be levied upon and collected from each such Parcel for each Fiscal Year based on the Benefit Units which are assigned to the Parcel as a result of its assignment to the appropriate Land Use Category and Special Tax Rate Category, as provided in Sections C and D.
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TABLE 1
Land Use Category
Land Use Category
Description
Benefit Unit(s)
1 Single-family
Residential
One (1) / Residence
2 Commercial
Five (5) / Acre
3 Industrial
Two (2) / Acre
4 Multi-family
Residential
Six tenths (0.6) / Residential Unit
5 Religious Property Two (2) / Acre
C. MAXIMUM SPECIAL TAX RATES
The Maximum Special Tax Rate per Benefit Unit for each Parcel for each Fiscal Year shall be the total of the Base Rate Per Benefit Unit plus the Additional Maintenance Rate Per Benefit Unit for the Special Tax Rate Category to which the Parcel is assigned. For Fiscal Year 2004-05 the Base Rate Per Benefit Unit and the Additional Maintenance Rate Per Benefit Unit for each Special Tax Category shall be the amounts set forth in Table 2 for such Special Tax Rate Category. The Base Rates Per Benefit Unit and the Additional Maintenance Rates Per Benefit Unit for all Parcels in all Special Tax Rate Categories shall be increased by the percentage increase in the Consumer Price Index (All Items) for Los Angeles – Riverside – Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or by two percent (2%), whichever is greater, on July 1, 2005 for Fiscal Year 2005-06 and on each subsequent July 1 for the Fiscal Year then commencing.
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TABLE 2
Maximum Special Tax Rates
Maximum Rates Per Benefit Unit
Special Tax Additional
Rate Category Base Rate Maintenance Rate
A $250 $0
B $250 $100
C $250 $200
D $250 $300
E $250 $400
F $250 $500
G $250 $600
H $250 $700
I $250 $800
J $250 $900
K $250 $1,000
L $250 $1,100
M $250 $1,200
N $250 $1,300
O $250 $1,400
P $250 $1,500
Q $250 $1,600
R $250 $1,700
S $250 $1,800
T $250 $1,900
U $250 $2,000
V $250 $2,100
W $250 $2,200
X $250 $2,300
Y $250 $2,400
Z $250 $2,500
The Parcels which are to be incl uded in the District at the time of its formation and which are identified in Table 3 shall be assigned to the Land Use Category and the Special Tax Rate Category specified in Table 3.
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TABLE 3
Assignment to Land Use Category
and Special Tax Rate Category
Land Use Special Tax Rate
Tract No. Category Category
16408 One (1) K
D. METHOD OF APPORTIONMENT AND LEVY OF ANNUAL SPECIAL TAX For each Fiscal Year, commencing with Fiscal Year 2004-05, the Council shall (a) determine the cost o f providing the Basic Maintenance in the District and the amount of the Base Rate Per Benefit Unit to be levied on Parcels of Taxable Property in the District to pay the cost of the Basic Maintenance; (b) determine the cost of providing the Additional Maintenance, if any, for each Special Tax Rate Category, as then applicable, and the amount of the Additional Maintenance Rate Per Benefit Unit, if any, to be levied on Parcels of Taxable Property in each Special Tax Rate Category to pay the cost the Additional Maintenance therefor; and (c) levy the Special Tax on all Parcels of Taxable Property in each Special Tax Rate Category, as then applicable. The amount of the Special Tax to be levied on any Parcel of Taxable Property in any Fiscal Year shall be determined by multiplying the Benefit Units for the Parcel, depending on the Land Use Category to which it is assigned, by the Base Rate Per Benefit Unit and the Additional Maintenance Rate Per Benefit Unit, if any, determined pursuant to clauses (a) and (b) above, for the Special Tax Rate Category to which the Parcel is assigned.
No Special Tax shall be levied on property which, at the time of adoption of the Resolution of Formation for the District, is Exempt Property.
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to the District from time to time. As each annexation is proposed, an analysis will be prepared to determine the types and area of landscaping to be maintained, i.e., Basic Maintenance and/or Additional Maintenance, if any, and the estimated annual cost of providing the Additional Maintenance, if any, to the property. Based on this analysis, the property to be annexed will be assigned to the appropriate Special Tax Rate Category contained in Table 2.
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