HomeMy WebLinkAboutContracts & Agreements_27-1990_CCv0001.pdf CONTRACT
The City of Redlands, a municipal corporation ("City") and
C. L. Pharris Sand and Gravel, Inc. , a California corporation
("Pharris") agree as follows:
1. City agrees that Site Plan and Reclamation Plan Approval
No. 85M-08SMAR/84-0133/E281-85 ("Permit") , issued by the County of
San Bernardino, contains no language which would limit the tons of
material which can be processed through the Plant on an annual or
any other basis and that it does not limit, in any way other than
that the area be perrmitted for mining, the geographical areas from
which raw aggregates can be mined for processing through the Plant
being operated pursuant to that Permit. Pharris agrees that
notwithstanding this interpretation, it will limit its processing
of finished product to four million (4, 000, 000) tons per year.
2 . Pharris hereby waives any right to conduct any mining
operations in the north half of the southwest quarter of Section
11, R3W T1S, generally referred to as the South Sixty (60) Acres of
the Johnson Vested Rights Area, unless same is permitted in due
course subsequent to the date of this contract.
3. Pharris waives it right to protest the Annexation No. 69
by the City of Redlands.
4. Pharris shall undertake the following mitigation efforts
with regard to noise:
(a) Pharris shall undertake to measure sound at the
corner of Sessums Drive and Church Street.
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(b) Pharris shall undertake to measure sound at t
above designated geographical location each date during processing
plant operational hours, Monday through Friday for the months of
October, November, and December, 1990.
(c) City and Pharris agree that one weighted average
shall be computed for the above sound measurements. All sound
measurements shall be added together. That sum shall be divided by
the number of measurements taken, the dividend so computed shall be
multiplied by 1.05. The lower of 55 dcb or said product shall be
deemed the "sound standard. " If Pharris, at any time, is able to
comply with City Sound Requirements in effect as of the effective
date of this Contract, i.e. 45 dcb night time and 50 dcb day time,
with day time hours being defined as 8 a.m. until 10 p.m. , then the
"sound standard" for purposes of this Contract shall be said City
Sound Requirements if the City Sound Requirements allows a higher
dcb than the "sound standard" computed pursuant to the formula
herein. Pharris shall not allow the "sound standard" to be
exceeded for any continuous four hour period at said location.
(d) Pharris shall retain the services of an expert in
the transmission and mitigation of sound to devise a program to be
completed within six months after the effective date of this
Contract which will make the maximum sound reduction in the sound
emanating from the Pharris Orange Street Plant operations. Said
program will require all mitigation to be completed within a
twenty-four (24) month period after the program has been devised.
The mitigation shall be limited to those mitigation efforts which
can be made by the expenditure of $100,000 prior to the end of the
first year and $50, 000 prior to the end of the second year. If, at
any time, prior to the expiration of said twenty-four (24) month
period the mitigation efforts by Pharris result in compliance with
the City of Redlands Noise Restrictions in effect as of the
effective date of this Contract, then Pharris shall have no duty to
provide any further mitigation. If Pharris is able to comply with
City Sound Requirements in effect as of the effective date of this
Contract, i.e. 45 dcb night time and 50 dcb day time, with day time
hours being defined as 8 a.m. until 10 p.m. , then Pharris shall
have the right to process seven million (7, 000, 000) tons per year
at its Orange Street Plant Site. If Pharris is unable to meet said
City standards, then Pharris' processing tonnage shall be limited
to four million (4, 000, 000) tons per year until said standard is
attained.
5. In the event the City and Pharris are unable to enter
into an agreement subsequent to the effective date of this Contract
of August 15, 1990 and prior to July 1, 1991, the City agrees that:
(a) Site Plan and Reclamation Plan Approval No. 85M-
08SMAR/84-0133/E281-85 ("Permit") issued by the County of San
Bernardino contains no language which will limit the tons of
material which can be processed through the plant on an annual or
any other basis and that it does not limit, in any way other than
that the area be permitted for mining, the geographical areas from
which raw aggregates can be mined for processing through the plant
being operated pursuant to that permit. Further, the four million
(4, 000,000) ton limitation agreed to by Pharris in paragraph 1 of
this Contract will be eliminated;
2
(b) There will be no limitation as to the geographical
areas from which raw materials can be mined for processing through
the Orange Street Plant Site;
(c) San Bernardino County Noise Standards shall apply to
the Orange Street Plant operation in lieu of Paragraph 4 above; and
(d) Pharris shall not be held to its waiver (as set
forth in paragraph 2 of this Contract) of any right it might have
to conduct any mining operations in the north half of the southwest
quarter of Section 11, R3W T1S, of the County of San Bernardino
generally referred to by Pharris as the south sixty (60) acres of
its Johnson vested rights area; and
(e) City waives any right which it may have to question
the validity of the County of San Bernardino's issuance of the
Redlands Aggregates Permit No. 85M-04NHSA/64-0094/E289-81
("Redlands Aggregates Permit") and agrees that the conditions of
approval attached by the County of San Bernardino to the Redlands
Aggregates Permit govern Pharris' operations under that permit.
6. This contract shall be effective only upon the completion
of Annexation No. 69 by the City of Redlands.
Executed this _22,th day of 1990, in San
Bernardino County, California.
CITY Of-,:RE-VIAj,9DS
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'---Mayo r-,,,-'-c 1LU Re; fands
ATTEST:
De2uty
City Clerk
C. L. PHARRIS SAND
GRAVEL-, INC.
By 01LV1,iiP V
President, Board of
Directors
ATTEST:
ep
Seo
ary, oar W of Directors
3
BEST, BEST & KRIEGER
A PARTNEMPS TigCLi DING P£2i1 ESSdO FAL OORPNRATC NS
LAWYERS
ARTHUR L.L#TTLEWbRTH` CLARK ELALSOP JEANNETTE A.PETERSON M01t2A E,t7tAEMC}R! 400 MISSION SQUARE,. �-'
GLEN E-STEPHENS* DAVITS J.ERWM* TER!L.VOLLNOGLE ELLEN C.SPIELMAN t �.,,..+ -: 1$756 UNIVERSITY AVENUE
WILLIAM R.MWOLFE* MICHAEL J.ANDELSON' BRIAN M LEWIS GLEN IT.WALLACE ,� - f'C7SY C7I;•I✓#tfE BOX 1b2$
BARTON C.GAUT* DOUGLAS S.PHILL#PS' BRADLEY E.NEUFELD KIRK W SMITH � �,�. � � F�IVERS36�E,CALIFORNIA 925012
PAUL T.SELZER* ANTONIA GR GEOFFREY K.WILLIS KLYSTA J POWEI,L. �' a
DALLAS HOLMES* GREGORY K,WILKINSON KANDY LEE ALLEN JASON D DABAREINE� .- �;g TELEPHONE(714)686-1450
CtIMSTOPH£R L.CARPENTER` WYNNE S.FURTH ELISE K TRAYNUM RAYON WINSTON
RICHARD T.ANDERSON* DAVIT?L.BARON WILLIAM D.DARLING,JR, DAVID A PRENTICE a TE1..ECOPIERS
JOHN D.WAHLIN' VIRGINIA A.EFFINGER TERE*SA J PRISTOJKOVIC KYLE A.SNOW � �' '..,,..-.>. (714)E5$6-3C>83 � 682-4&i2
MICHAEL D.HARRIS' EUGENE TANAKA VICTORIA N.KING MARK A EASTER
W,CURT EALY' BASIL.T.CHAPMAN MATT H MORRIS DIANE L FINLEY
THOMAS S.SLOVAK" TIMOTHY M.CONNOR* JEFFREY V.DUNN MICHELLE OUELL.ETTE OF COUNSEL
JOUN E.BROWN* VICTOR L>WOLF STEVEN C.DEBAUN TIMOTHY W.SESLER JAMES B.C{lR1SON
MBCHAEL.T.RIDDELL* DANIEL E,O IVIER BRANT H.OVORIN PAUL C.ANDERSON
MEREDIT It A.JURY* DANIEL,J.MCHUGH ERIC L,GARNER PETER M.BARMACK RICHARD A.OSHINS'
MICHAEL GRANT' MARC E.EMPEY DENNIS M.COTA STEPHEN P.DElTSCH
FRANCIS J.BALM" JOHN R>ROTTSCHAEFER HAROLD W,HOPP RUSSELL J.THOMAS,JR,
ANNE T.THOMAS* MARTIN A.MUELLER JULIE HAYWARD BIGGS
D.MARTIN NETHERY" J.MICHAEL SUMMEROUR RACHELLE J,NICOLLE 'ADMITTED 4N NEW YORK,NEVA,E
GEORGE M.REYES HOWARD B. S ROBERT W.HARGREAVES W ,D.G.GcuaT as C *ns
WILLIAM W,FLOYD.JR_ MARGARET F.TANAKA. JANICE L.WEIS
MICHAEL A.CRI5TE* JEFFERY J.CRANDALL CHRISTIAN E.HEARN RAYMOND BEST(1868-1957) OFFICES 3N
GREGORY L.HARDEE SCOTT C.SMITH SHARY L.WALKER JAMES IT,KRIEGER{1913-1975} PALM SPRINGS{514}325-7'254
KENDALL H.MACVEY JACK B_CLARKE PATRICK W.PEARCE EUGENE BEST(1893-1981)
RANCHO MIRAGE(619)568-2611
-A ONTARIO(714)989-8584
September 5, 1990
John E. Holmes
City Manager
City of Redlands
30 Cajon Street
P.O. Box 3005
Redlands, CA 92373
Re: Redlands/Pharris Contract
Dear Jahn:
Enclosed is an executed copy of the agreement that was
reached between Redlands and C.L. Pharris Sand and Gravel, Inc. in
connection with the City's Annexation No. 69 (Santa Ana River Wash
Area) . Pursuant to this contract, Pharris acknowledges that it
will process annually no more than four million tons of aggregates
through its Orange Street plant, that it waives any right it has to
mine in the south sixty acres of the Johnson pit, that it will
comply with Redlands' noise standards and that it waives its rights
to protest Annexation No. 69.
It is important to remember that this Agreement has a
sunset date of July 1, 1991, and that if the City does not conclude
its negotiations with Pharris over a successful: "post-annexation"
agreement that reflects the conditions negotiated by Redlands' and
Highlands' citizens, the Agreement will expire and Pharris will be
able to operate in the City subject only to those restrictions
placed upon it by the County of San Bernardino under its original
permit.
LAW OFFICES OF
BEST, BEST & KRIEGER
John E. Holmes
City of Redlands
September 5, 1990
Page 2
If you or the Councilmembers have any questions regarding
the contract, please give me a telephone call.
Very truly yours,
Dzt�U"z"t
Daniel J. KcHugh
of Best, Best & Krieger
City Attorneys for 4%--he
City of Redlands
DJM/des
Encl.
DJ 3500
XC: Councilmembers, City Manager, City Attorney, Planning Dir.
of
October 2 , 1990 ITC Inc 1987
Mayor and City Council
City of Redlands
Post Office Box 3005
Redlands, CA 92373
Honorable Mayor and Members of the Redlands City Council:
It has come to the attention of the City of Highland that the
City of Redlands has negotiated and signed a contract with C.
L. Pharris in exchange for Pharris waiving any objection to
being annexed to the City of Redlands. The City has been
Highs Baseline aware that was planning to enter into a
Highland Ca. 92346 tht RP g pre-
(714)
(714) 864-6861 annexation agreement, which is why Highland City Council and
FAX (714) 862-3180 the Citizens Action Committee for the wash have been working
City Council over the last year to provide input to Redlands regarding the
Laurie Tully conditions and terms of the contract.
Mayor
Dennis Johnson The City of Highland has concerns regarding the contract and
Mayor Pro-Tem the conditions imposed upon the C. L. Pharris mining
Jody Scott operation. The contract appears to commit the City to mining
Sigmund Dellhime limits, limiting areas to be mined, and mitigation measures
Jim Rissmiller
City Manager relating to environmental factors regarding the Pharris
Sam J. Racadio operation.
The City of Highland and the Redlands/Highland appointed
Citizens Advisory Committee have been working diligently to
develop terms and conditions which Pharris could operate
under. However, it appears that the work of the committee has
been overlooked and action was taken to sign the contract
without the City of Highland, the CAC, or the public being
aware . We would have appreciated being informed of the
development of the contract and allowed input regarding the
negotiations. Because we have no background on the contract
negotiations, we would r_eauest that any written material
(minutes, agendas, environmental documents, etc. , ) be sent to
the City of Highland.
We appreciate your cooperation in providing this information.
It is our hope that the two cities can continue to work
together to review the mining conditions as we all face the
environmental impact of the operation on our cities and our
citizens .
Sincerely yours,
Laurie Tully, Mayor
City of Highland