HomeMy WebLinkAbout1973-0306_CCv0001.pdf MINUTES of a regular meeting of the City Council, City of Redlands, hel(
Council Chambers, Safety Hall, 212 Brookside Avenue, on March 6,
at 7:00 P.M.
Planning Commission items 3:00 P.M. , Regular Agenda 7:00 P.M.
PRESENT Jack B. Cummings, Mayor
Charles G. DeMirjyn, Vice Mayor
Chresten M. Knudsen, Councilman
Ellsworth E. Miller, Councilman
Sam S . Sewall, Councilman
R. P. Merritt, Jr. , City Manager
Edward F. Taylor, City Attorney
Peggy A. Moseley, City Clerk
Erwin S. Hein, Redlands Daily Facts
Chuck Palmer, San-Bernardino Sun
_ABSENT None
The meeting was opened with the pledge of allegiance, followed I
invocation by Reverend H. A. Welklin of the Seventh-day Adventi4
Church.
Before beginning the agenda of the meeting, Mayor Cummings press
certificates of specialization in park technology awarded by the
California Board of Parks and Recreation to Harry Main, a 15-yez
Awards ployee of the City Park Department; to Robert Sewell, an 8-year
employee; and to James MacKenzie who has been Director Parks foi
years and was formerly Assistant Superintendent of Parks for one
Mayor Cummings congratulated these employees on their studies wl
bring growth and proficiency in their service to the City of Rec
letters of congratulation were authorized to these men.
The minutes of the meeting of February 20, 1973, were unanimously
approved with the addition on page 3, line 3, under Recreation Commis-
sion, of the words "and park" inserted immediately following "Sylvan
Plunge" , on motion of Councilman Knudsen, seconded by Councilman
Miller.
Bids were opened and publicly declared in the Conference Room of City
Hall at 1000 A.M. this date for sidewalk installation in various
areas of the north side as follows :
Mark McAllister
Rialto, California Total $10, 180.40
Edward Sagan
Beaumont, California Total $ 8, 140 .00
E. L. Yeager Construction Co. , Inc.
Riverside, California Total $10,140.60
alk The Department of Public Works states that the apparent low bidder,
llation Edward Sagan, does not conform to the specifications, and the bid
contains irregularities and alterations, and for this reason recom-
mends award to the E. L. Yeager Construction Company. On motion of
Councilman DeMirjyn, seconded by Councilman Knudsen, unanimous
approval was given to award the bid to the E. L. Yeager Company in
the amount of $10,140.60, with an additional $140.60 authorized to
cover the cost of this work.
Bids were also opened and publicly declared at 10:00 A.M. this date
for construction of a 3.5 million gallon reservoir at the Crafton
Hills College site as follows :
American Bridge Company Alt. #1 $149, 400.00
Los Angeles, California Alt. #2 $156,400.00
Chicago Bridge & Iron Co. Alt. #1 $142,770.00
Pasadena, California Alt. #2 $147,620.00
General American Trans. Corp. Alt. #1 $161, 356.00
Los Angeles, California Alt. #2 $166, 988.00
voir Pacific Erectors Corporation Alt. #1 $141, 329.00
Santa Fe Springs, California Alt. #2 $149, 758.00
Pittsburgh-Des Moines Steel Co. Alt. #1 $148, 790.00
Whittier, California Alt. #2 $148, 790.00
Rheem Superior, Division of Alt. #1 $142,140.00
Rheem Manufacturing Company Alt. #2 No Bid
Los Angeles, California
Following an explanation of the difference between the two alternate
proposals and a recommendation by Utility Superintbndent Shefchik, on
motion of Councilman Knudsen, seconded by Councilman DeMirjyn, award
was made to the Pacific Erectors, Corporation for Alternate #1 Proposal
in the amount of $141, 329.00 unanimously.
Airport Riverside, California Total $13,860.00
Paving
Following discussion, on motion of Councilman Miller, seconded
Councilman Knudsen, the recommendation of the Department of Pub
Works was accepted and award was unanimously made to the E. L.
Construction Company in the amount of $13, 860.00.
ORAL PETITIONS
Mr. Howard Fuller, representing the C-Y Development Company, re
that final approval be given to Tract No. 8566 on which all req
Tract ments as outlined in Council minutes of January 2, 1973, have b
Approval fulfilled subject to the delivery of a performance bond. Follo
discussion, on motion of Councilman Sewall, seconded by Council
Knudsen, unanimous approval was given to the final approval for
No. 8566.
Mr . Rocky Ridge, of 217 Craig Court, Vice President of the newt
formed Redlands Humane Society, presented a smaple ordinance fx
Humane City of Riverside lowering the license fees for castrated male
Society spayed female dogs as these animals do not add to the dog popul
Mr. Ridge briefly described the aims and ambitions of the organ
Council discussed the matter briefly and referred it to staff f
study and a report in one month.
Mrs . Phyllis Williams of 31416 Highview Drive, presented a chec
$3, 500 from the Park and Recreation Task Force to be used in th
Community expenditure for Community Park. Mrs. Williams added that the c
Park has an additional $2, 300 in the bank and also a pledge of $500
the American Legion Marmolejo Post #650. Mayor Cummings congra
the coalition task force, members of the Horticultural and Impr
Society and all the interested citizens on the success of their
Day Project.
COMMISSION RECOMMENDATIONS
Planning Commission recommendations as considered by the City C
at a regular meeting thereof held on March 6, 1973, at 3:00 P.M
Present: Councilmen DeMirjyn, Knudsen, Miller, Sewall, Mayor C
Deputy City Attorney Bill Brunick
1. R.P.C. No. 388 - Zone Change No. 154 - Leonard, Wood, Johnston,
and Deeb
That R.P.C. No. 388, a resolution of the Planning Commission re
mending a change of zoning from A-1, Agricultural District, to
Single Family Residential District, for approximately 20 acres
property located between Pioneer Avenue and San Bernardino Aven
1320 feet east of Church Street, be approved. Councilman Sewal
plained that a lengthy public hearing had been held by the Plan
Commission-; that the statement relating to "Green Belt" did not
"Agricultural Preserve" ,- and that the business at hand this aft
is a matter of Council policy and not personalities or ownershi
City Manager Merritt read the following prepared statement to d
comments of Mr. Warren Hooper contained in Planning Commission
dated February 27. 1973. oaae 7. last Daraaraoh:
riL . r%iiuutiuii, La youi capacity as a ,;ouncii-man, you invitea me to
attend a luncheon on February 20. As this was my only day of that
week in the City, due to a Conference in Oakland, and also as it was
a Council meeting date, I was concerned with taking the time. I
asked you with whom we would be having lunch and you informed me that
it was the representatives of the Levitt Company. You also informed
me that this was an important meeting and I should attend.
"During the course of the luncheon, you were promoting the development
of the property with the Levitt and Sons representatives indicating
to them that they must meet the offsite requirements of the city.
"My question to you is this : Do you recall during the course of the
luncheon or the discussion that followed, any statement concerning
rezoning of the property presently being considered by the City CounciL
or any indication on my part of either being for or against this
rezoning?"
Mr. Knudsen replied: "I think your statements are absolutely correct
in every respect, Mr. Merritt. I don' t believe you commented on the
zoning at all, and as a further correction, quoting the words of
Mr. Hooper, it says that he talked with Mr. Schindler, and Mr.
Schindler, of course, was not there. "
Mr. Knudsen then read the following statement:
"Mr. Mayor and members of the Council: I would like to make a state-
ment before you consider this zone change. I am the engineer for
Levitt & Sons of California on this project. I accepted this job
after giving consideration to a number of facts. Firstly, Mr. Warren
Hooper, the real estate broker in this case, and I have worked to-
gether on other similar projects in other cities. Secondly, this
project is standard to the codes and ordinances of this city; there
are ,no variances, deviations nor exceptions . All lots, streets, and
utilities are standard and in fact are a repeat of the subdivision
tracts immediately adjacent to the west. Thirdly, the actions of
this Council 6ithin the last 2 - 3 years has been to encourage this
type of development. And fourthly, the precedent for zone change has
been established by the following council actions : A - In 1971-2,
approximately 85 acres of Agricultural Preserve lands were rezoned
from A-1 to R-1 and R-2 to accommodate mobile home parks in the area
from Sylvan Boulevard to Colton Avenue and Dearborn to Wabash and
there was no contest. B - In 1971, approximately 50 acres of Agri-
cultural Preserve lands were rezoned to accommodate the so called
Lincoln Ranches PRD between Lincoln and Dearborn Streets and Citrus
Avenue. C - In 1971, approximately 30 acres of Agricultural Preserve
lands on Lugonia Avenue were rezoned to permit a mobile home park and
apartments and across the street another 20 or more acres of Preserve
were rezoned for apartments. D - According to the map furnished the
City Council dated June, 1972, showing the Agricultural Preserve
lands and the subsequent actions of the council on November 7, 1972,
approximately 690 acres were withdrawn from the Agricultural Preserve
including the lands mentioned in A, B, and C above, and there was no
contest to this 24% reduction in preserve area. That was just four
months ago.
"For the above reasons I felt there were no great problems with these
proposed tracts, whichtake less than one percent of the Preserve Area.
I shall abstain from discussion and voting on this matter. "
Attorney Brunick: "Councilman Knudsen, I think before you briefly
told me you were advised by the League of California Cities that you
can vote on this matter. Is that correct?"
Councilman Knudsen: "Yes, and in talks with them we have learned that
it 's best that I don't even discuss it before the Council at this time .
evening and told him I was concerned with the statement and, it
as I had had no previous, ,conversation with
h him, nor an awareneE
he was involved as the broker for Levitt and Sons, I would app:
knowing the source of his information. He informed me that his
was a Mr. Stark, broker for Levitt and Sons. I told him that r
I nor Bill Schindler had had any conversation, in person or on
phone, with Mr. Stark and I was still at a loss to understand I
basis for the statement.
As Councilman Knudsen had requested my presence at the lunches
as be had been involved in the entire conversation, I felt he v
position to witness the fact that no discussion was held concei
the rezoning of agricultural land and that I made no statement
for or against the rezoning question to the Levitt representat..
Also as he knows, no Levitt representative - other than himself
has discussed this matter with Bill Schindler; consequently, tl
ment in the minutes is without fact. After again refusing to I
any assistance in. clarifying the matter, he said he would call
Vice President of Levitt and Mr. Stark, and let me know their c
"Today I have not as yet received a reply to that. I would api
having this matter in the minutes of the meeting. "
Mayor Cummings explained that the only real question here is tl
change and the Council 's policy, practice and timing on the cor
of land use, and added that if R.P.C. No. 388 is accepted, firs
reading should be given to Ordinance No. 1509.
Attorney Brunick stated that everyone who is here who wishes tc
heard should be allowed to speak because this is a public matte
involving a zone change.
Councilman Miller moved for approval of R.P.C. No. 388 to brine
matter to the floor. Motion seconded by Councilman DeMirjyn,
Planning Director Schindler then read a memorandum concerning I
port of the Environmental Review Committee meeting:
"In the process of reviewing the subject zone change, several n
were discussed by the Environmental Review Committee. The posE
of establishing a moratorium on zone changes into the agricultt
areas was considered. A recommendation to the City Council thz
be no further rezoning of agricultural lands until the adoptior
official growth policy was also considered. Members of the con
largely felt in view of previous actions with regard to zoning
agricultural lands that the request was consistent with such ac
"I interpreted the conclusions of the committee to mean that tl
quested change was inevitable. Apparently all four members dis
with my report of the decision, including Mrs . Ifft who sat in
meeting as a citizen observer. It is apparent that my analysis
in error.
"The decision should have stated that there should be no rezoni
any agricultural land until adoption of an official growth poli
the city. "
Mr. Warren Hooper, 11587 Walnut Avenue, stated that at the lune
meeting referred to in the Planning Commission minutes there wz
discussion about zoning, and he had concluded that there would
problem because zoning had not been discussed. Mayor Cummings
out that the staff cannot commit the City; only the City Counci
do that. Mr. Hooper again supported Mr. Merritt's statement; I
added that the Levitt people felt if there were any problems it
have been brought up.
aisproportronately upon the general. taxpayer. Tne impact on scnoois
and parks in the area was also considered.
Mr. Schindler stated that the Agricultural Preserve boundaries had
recently been reduced, and that he believed the city is at a crossroad
He explained that there is tufficient R-1 now zoned for twenty years
growth, and that from a planning viewpoint ideal development is from
the center outward, with filling in of the skipped areas. He added
that the purpose of the Agricultural Preserve initially was to provide
a vehicle for agriculturists to obtain tax relief through the
Williamson Act.
Mrs. Evelyn Ifft, 506 Lytle Street, of the Ecology Task Force, read a
brief statement and urged that no agricultural land be rezoned until
a growth policy is formulated for the city. She urged that "leap-
frogging be disallowed" and that land presently zoned R-1 be developed
Mrs . Helen Deeb, one of the applicants , described the problems con-
fronting the land owners. Attorney Paul Wilson, representing another
owner, Mrs . Burns , urged Council to proceed with the zone change.
Mrs . Ellen Disparte, 880 West Pioneer, spoke of the effect upon
already crowded schools in the area.
Fred Ford, 49 Summit Avenue, described uses currently permitted in the
A-1 and A-2 zones and stated that some would not be incompatible uses
abutting residential property. He described the economics of large
scale Agriculture. Mr. Ford also read a resolution from the Chamber
of Commerce favoring rezoning consistent with orderly development; the
need for consideration of all factors involved in maintaining a green
belt, and careful review of any proposed green belt policies for the
city.
Also addressing Council on this matter were: Don Cronkite, 1344 La
Lorna; Omar Johnston, Tustin, one of the applicants ; Lawrence Ridge,
217 Craig Court; Daniel Gonzalez, 1235 Occidental; Charles Juran;
Mrs . F. D. Atkinson; and Noel Quinn, Opal Avenue, Mentone.
The vote on the motion to approve R.P.C. No. 388 was as follows :
AYES : Councilmen DeMirjyn, Miller
NOES : Councilman Sewall, Mayor Cummings
ABSTAIN: Councilman Knudsen
Mayor Cummings stated that he would not favor 193 houses of any one
economic level at this time and place, that he would Like to have an
environmental impact study on this and would like to know how this
development would relate to schools, parks, fire and police.
The Attorney directed, and Council concurred, that the matter be re-
turned to the Planning Commission for reconsideration and a new
environmental review.
Mrs. Ruth Patton discussed the Environmental Review Committee briefly
with Council and suggested the advantages of having lay members on thi
committee. Mayor Cummings explained that staff were presently in
this position mainly because the City of Redlands was one of the first
cities in California to have an Environmental Review Committee.
Attorney Brunick explained to Mrs. Patton that different cities handle
this matter in different ways, and that new guidelines would be re-
ceived from the State Attorney General ' s office on this matter.
There being no further business , the Council adjourned at 5:30 P.M.
to reconvene at 7:00 P.M.
Public Works Commission - Mr . Charles Dibble, Chairman, read a reso--
1-4-iia.-. +-lie l-r..,—i -e+ r®.-.r.e„w.or A4 - - , - -4—r i- Av4114-- d-k— T--.f--
Commission, his prior position on drilling the Agate Well. Mr.
stated that he did, and explained that the City is unable to pr
and deliver water at 100% capacity even though this is theoreti
possible, due to the complexities of a water system. Mr. Shone
that water consumption has gone down in the past few years; but
minded Council that there have been no sustained five to ten da
periods of very high temperature. He also explained that certa
areas within the city have poorer water availability due to len
lines and necessity for pumping water to higher elevations, and
stressed the problem of water being unavailable from Mill Creek
major alternative source, during summer storms.
Mr. Shone further stated that he believed the Commission felt t
this delay was worth the gamble because the Commission expects
River water delivery in 1975. Mr . Shone is convinced that this
not necessarily a fact.
City Attorney Taylor then asked Mr. Shone his thoughts about th
availability of the Bear Valley Well. The reply was :
(1) The Bear Valley Well is a very good producer;
(2) To be used by the City, the irrigation water must be flush
from the system and chlorination added to allow for use as
water.
(3) The Big Bear Water Suit could necessitate the use of this
for Big Bear customers.
City Attorney Taylor explained that it is important for the Cou.1
and 'Public Works Commission to understand Mr. Shone's recommend
that they are taking a calculated risk in deciding, for reasons
lesser cost, to rely upon the privately-owned Judson Street Wel,
not to drill a new well within the system.
Mr. Shone added that he had advised both the hospital and the B,
Clinic of the desirability of emergency water supplies, either
or small reservoir.
Council discussed the desirability of having a plan for curtails
of water use during a period of shortage or emergency and recorm
that the Public Works Commission look into establishment of a p.
to cut off users who consume a great amount of water on automat;
control, as do the Country Club and Crafton Hills College.
Following discussion, the motion to approve the recommendation
Public Works Commission was unanimously adopted by the City Coui
APPLICATIONS AND PETITIONS
City Manager Merritt read a letter from Mrs. David A. Cairns re(
ing that the matter of sanitary sewers of Via Vista Drive be wi°
anu L-uuicuiu5 ansa Laanxing Lne t_:auncii or zneir inzerest ana assis-
tance during his command.
Mayor Cummings announced:
a meeting of SANBAG at 7:00 P.M. , Thursday, March 8, 1973, in the
San Bernardino Convention Center.
The Chamber of Commerce Business Education Day at Griswold' s
Wednesday, March 7, 1973, at 12: 00.
the Citrus Belt General Meeting on March 21, 1973, in Palm Springs
at the Spa Hotel.
'ISHED BUSINESS
On motion of Councilman Sewall, seconded by Councilman Miller, unan-
-park imous approval was given to the request of the City Manager that
consideration of the mini-park be postponed.
nance Ordinance No. 1508, an ordinance of the City of Redlands, regulating
1508 massage parlors and massagists and bringing the city into conformation
age with the county laws, was given second reading of the title and
ors
adopted with waiver of the reading of the ordinance in full on motion
of Councilman Miller, seconded by Councilman Knudsen, by the following
roll call vote:
AYES : Councilmen DeMirjyn, Knudsen, Miller, Sewall, Mayor Cummings
NOES : None
ABSENT: None
USINESS
Councilman Sewall presented a recommendation developed by the Ecolo-
gical Task Force for presentation to the EPA on March 15 and requested
ogical Council approval. Following discussion, Council concurred that the
e members of the Ecological Task Force should appear at the meeting as
rt individuals and that Councilman Sewall should appear as Councilman
and that any other Councilmen who wished should also address the group
no
but that there would be/over-all policy adopted due to the limitation
of time for study and consideration of the matter .
MANAGER
City Manager Merritt recommended a 5% increase for retired employees ;
stated that there had been no increase since 1969, and that this pro-
lution posed increase would go to 83 retired employees with a total cost to
3032 the City of $100,050.00 if amortized over a ten-year period. Follow-
rement ing brief discussion, on motion of Councilman DeMirjyn, seconded by
ease
Councilman Knudsen, unanimous approval was given to Resolution No.
3032, a resolution of the City Council expressing the intention to
approve an amendment to contract between the Board of Administration
of the Public Employees Retirement System and the City Council of
Redlands .
Following description of the condition of the Highland Avenue ReSE
Highland on motion of Councilman Knudsen, seconded by Councilman Demirjyn,
Avenue mous authorization was given to entering into an agreement with Ja
Reservoir M. Montgomery, Consulting Engineers, for an engineering feasibilit
study of the Highland Avenue Water Production Facility, and for tl
penditure of $9, 500 .00 for this service.
Annexation on motion of Councilman Miller, seconded by Councilman Knudsen, ar
Requirement, tion to the City of Redlands of the condominium at Redlands Boulev
Condominium and California Street was ordered as a requirement when water sere
provided.
Bills and salaries were ordered paid as approved by the Finance
Committee.
There being no further business, Council adjourned, on motion, at
P.M.
ATTEST:
Gor of the City of (Aedlands
C° lark
0-0-0-0-0-0-0-0-0-0
Orange and Citrus; were opened and publicly declared in the office of
the City Clerk at 10 :00 A.M. this date:
Paul Gardner Corporation
Call Ontario, California Total $85, 987.00
Paige Electric Company
Calc San Bernardino, California Total $86,600.00
_fication Smith Electric
Stanton, California Total $84,809.00
Steiny and ComPa ny, Inc. =i
Los Angeles, California Total $83,647 .00
The Department of Public Works reported that the bids on this TOPICS
Project have been forwarded to the State Division of Highways for
approval. They will be returned to Council as soon as a decision is
;i
received. "
Ij
' HEARINGS
S
Resolution Nos . 3026, 3027,3028, and 3029 set this time and place for {
public hearing on the vacation of portions of Fifth Avenue and Highland
elution Avenue which result from recent street realignment. At this time, Mayor;;
3033 Cummings explained that matter at hand to the many people in attendance ;I
eet and opened the public hearing on Resolution No. 3033 which orders the
ition
vacation of a portion of a certain street in the City of Redlands. No '!
i!
comments or questions being forthcoming, the public hearing was declared';
ii
closed and Resolution No. 3033 was unanimously adopted on motion of
3
Councilman Knudsen, seconded by Councilman Miller.
Mayor Cummings then declared the meeting open for public hearing on
elution tion Resolution No. 3034, ordering the vacation of a portion of a certain 3
yet street in the City of Redlands. No comments or questions being forth-
ition coming, the public hearing was declared closed and Resolution No. 3034
was unanimously adopted on motion of Councilman Knudsen, seconded by
Councilman Sewall.
1
i
Mayor Cummings then declared the meeting open as a public hearing on
elution Resolution No. 3035, which orders the vacation of a portion of a certain3(
l
3035 street within the City of Redlands. No comments or questions forth-
het
tion coming, the public hearing was declared closed and Resolution No. 3034
was unanimously adopted on motion of Councilman Knudsen, seconded by
Councilman Sewall.
3
Mayor Cummings again declared the meeting open as a public hearing on I
elution Resolution No. 3036, a resolution ordering the vacation of a portion of
il
3036 a certain street in the City of Redlands. No comments or questions
aet being forthcoming, the public hearing was declared closed and Resolution !
.tion
No. 3036 was unanimously adopted on motion of Councilman Knudsen,
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seconded. by Councilman Sewall.
3SION RECOMMENDATIONS
Planning Commission recommendations as considered by the City Council 1