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HomeMy WebLinkAbout07031973-cc_CCv0001.pdf 3 of a regular meeting of the City Council, City of Redlands , held in the Council Chambers, Safety Hall, 212 Brookside Avenue on July 3, 1973 at 7 :00 P.M. Planning Commission Items 3 :00 P.M. Regular Agenda 7 :00 P.M. 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 None The meeting was opened with the pledge of allegiance, followed by the invocation by Reverend David O. Beadles , of the First United Methodist Church. Approval of Minutes June 29, 1973 - Councilman Knudsen wished to have added to his motion approving Resolution No. 3054 the words , "That we recognize that it ,was an incomplete study and that the City felt it could make changes within its (the City' s) sphere of influence as it related the Grand Jury to comply with the Council motion of the last C, Disposal meeting requesting that the Grand Jury investigate the action Site Council and the City Manager in connection with the disposal s purchase. He reiterated his statement that the Grand Jury has jurisdiction to review the operations of city government, and , only take up questions as to willful misconduct or wrongdoing officials of a city. Mr. Taylor then said, "If you so direct can file a copy of the minutes with the Grand Jury, but I beli there is insufficient evidence to authorize the Grand Jury to investigate. " Mr . Taylor then asked, "Does anyone on this Council have knowl of willful wrongdoing or evidence of dishonesty?" No reply be forthcoming, Mr, Taylor restated his question, "Has the Counci basis of wrongdoing to refer to the foreman of the Grand Jury? Vice-Mayor DeMirjyn stated that he had a report to bring under "Unfinished Business . " The Council agreed -that this was the p time to continue discussion of this matter . Mr. DeMirjyn read a prepared statement (attached) regarding th disposal site purchase, questioned the expenditure of public m and Federal monies , stated that he had heard from an impeccabi reliable source that the purchase price of the land to Charles was $130,000 to $135, 000, that the land is now in double escro asked the question, "Do you think this is a fair profit? " Mr. DeMirjyn stated that he had received an offer of another p of land for between $200 to $750 per acre. He then moved that Council rescind its action in the June 5th meeting approving t contract for purchasing land for a disposal site. Motion seco by Councilman Knudsen. Mr. DeMirjyn recommended that the City advertise for bid, that Public Works Commission study any properties and potential dum and recommendations , or the Council ask the court for declarat relief, with the City being the aggressor in determining its liability. City Attorney Taylor stated that the Council -had authorized th transaction by majority vote and that there is a legal obligat upon the City to complete the transaction provided that all co are met, including satisfactory Environmental Impact Review, a from the Regional Water Quality Control Board, initiation of t annexation procedure, the necessary change of zoning, and any conditions . If any of these contingencies fail, the City may able to abandon the contract, "You have taken action on the ------ A-4-4-- ­C- n- --- I M-A M_ We are remiss in asking him to go out and barter for land. " Attorney Taylor: "I share your admiration and respect for Mr. Mead as the head of one of the most outstanding disposal, operations in any city of similar size in California. " Mr. Mead: " I made my decision recommending the purchase when I looked the land over , I still stand on that basis and the price is right. I looked at three separate parcels . This one was cheapest. You can buy land for taxes but can ' t necessarily get it approved for disposal use by the various public agencies . I see no reason this can' t work,- the price is right. I know nothing about the other property mentioned by Mr. DeMirjyn and have no remarks on whether it will work or not. I will be glad to look at it. " City Manager Merritt gave a recapitulation of the reasons for seeking a disposal site and his belief that this one suits the needs of the City, and stated the reasons for immediately expediting the agreement to purchase. He spoke briefly on the urgent need for disposal sites within the County, the State and the Nation. He pointed to the City' s good fortune in the reasonable cost of disposal in the past. He explained the need for a replacement site for Redlands as necessary to avoid the probable doubling of costs if the City should be forced to use the "pay at the gate" disposal sites of San Bernar- dino County. City Manager Merritt expressed willingness to have his facts and figures studied by any competent auditors, including the City' s auditors, the firm of Eadie and Payne. Mr. Merritt restated the information given to each Councilman in letters of May 7 and May 24 by Mr. Parker relating to this proposal. Mr. Merritt stressed the fact that the City expects to make money upon the operation of this site, in sufficient amount to pay for the land cost. In the discussion that followed it was pointed out that entering into the contract did not bar the Council from looking at other sites of equal value. Councilman Miller reminded Council that four years ago the City was looking for disposal sites and since that time has considered lands at both $3, 000 and $3, 500 per acre. Vice Mayor DeMirjyn restated his opinion that the City needed a disposal site, but what he objected to and is deeply concerned about is the profit being made by Mr. Parker. Councilman Sewall briefly summarized the general stability of the City during the past sixteen years under the present staff and managership. Mr. J'ames Ferguson of the County Taxpayers Association stated that no appraisal was made and no determination had been reached as to Fair Market Value. He added that one phone call to the Councilman Sewall questioned why comments concerning other pro had not been forthcoming from Mr. Knudsen during the more than weeks between the time of Mr. Parker ' s offer and the action. of Council during its meeting of mune 5, 1973. Following more Council discussion and comments from the floor, motion to rescind died by the following roll call vote: AYES : Councilmen DeMi r j yn, Knudsen NOES Councilmen Miller, Sewall, Mayor Cummings . S ENFT; None City Attorney Taylor restated that he did not wish to go to the Jury with a request that has no substance, and that he believes was a matter of differing opinions can the advisability of a lar transaction, which is a discretionary matter addressed to the C judgment. Councilman Knudsen gave a detailed report on the mar which the Board. of Parking Place Commissioners purchased proper recently. Attorney Taylor asked whether Mr. Knudsen had any factual basis charging any dishonesty or unlawful conduct. Mr. Knudsen said no evidence. Councilman DeMirjyn stated he knew of no dishones wrongdoing, but that circumventing due process could have unlatA effect. Mr. Taylor stated that even if no one has any specific factual 'he will be very happy to submit the minutes to the Grand. Jury a City Council ' s direction. But he reiterated that the Grand Tux not undertake to review operations of cities or inquire into di tionary decisions of the legislative body in the absence of def evidence of willful. misconduct by an official.. Councilman Knuc pointed out that if a citizen or a member of the Council, indi..", wished to do so, he might go to the Grand Jury. On motion of Councilman Miller, seconded by Councilman Sewall , unanimous approval was given for the staff to study any propert submitted for consideration as an alternative disposal site. Ordinance No. 1513, an ordinance amending Ordinance No. 14907 wi Ordinance established the Public Works Commission, was given second readi No. 113 the title and adopted by Council on motion of Councilman knuds Public Works seconded by Mayor Cummings, with waiver of the reading of the Commission ordinance in full, by the following roll, call vote: AYES : Councilmen Knudsen, Miller, Mayor Cummings NOES: Councilmen BeMirjyn, Sewall i ABSENT: None i BIDS >i- 1 (1.(1(1 A AN 4-1-.4 4 s»,,-. 4 r. k-1, P-'4 V d--b. romorla, t.&Ilrornid I,Ump bum: 1 �5�#, JIJL). lJl3 Bejac Corporation Placentia, California Sump :sum: $163, 850. 00 ,wardBomar Construction Company Blue day, California Sump Sum: $168, 500. 00 Meyer A. J. Pipeline San Bernardino, California Sump Sum: $217, 084 . 92 i J. S. Scott Company Anaheim, California Sump Sum: $1..67, 440. 60 E. J. Vadnais Etiwanda, California Sump Sum: $1,79, 900. 00 'hese bids were referred to the Department of Public Works for study and. recommendation. At this time it is the recommendation that the low qualified bid of Bejac Corporation be approved in the amount of $163, 850. On motion of Councilman Sewall, seconded by Councilman. Miller, award of the water main construction to the Bejac Corporation was unanimously approved. HEART NGS Public hearing was advertised for this time and place on Ordinance No. 151.7, an ordinance of the City of Redlands establishing Zone Change No. 157, which involves several parcels to bring them into ante conformance with the General Plan. Mayor Cummings at this time 1517 declared the meeting open as a public hearing for any questions or Change comments concerning this change of zone. None being forthcoming, the 7 public hearing was declared closed and Ordinance No. 1517 was adopted, 1i with waiver, of the reading of the ordinance in full, on motion of Councilman Sewall, seconded by Councilman ;Knudsen, by the following roll call vote: AYES: Councilmen DeMirjyn, Knudsen, Miller, Sewall_, Mayor Cuxmn ngs NOES : None ABSENT: None TITI )NB FROM THE FLOOR Mr. Favid Lawrence of 1665 Garden Street read Council a letter con- cerning the extension of Ford Street to Garden, and recommended a Street reconsideration of this alignment. Councilman Sewall stated that this went was considered in detail at the Planning Commission recently, with some consideration given to doing the north section and riot the south section at the present gime„ Mayor Cummings stated that this is a proper matter to give to the Public Works Commission for study, since it has been. 15 years since this alignment was adopted for the General. Plan. On motion of Councilman Miller, seconded. by Councilman Knudsen, unanimous approval was given to directing this matter to the Public Works Commission for consideration. Following comments from the floor by Mr . F. D. Atkinson, on motion of t""+ air 9r arr TI-_" c! Jnr roA A 1 t f v r r.4 1in=t M 1 1 tar 4__1.1 r: 0 ' 4-ax (IrNiiii"i m the Mall project . No comments or questions were forthcoming f audience. City Attorney Taylor reported that the City' s twent page brief had been filed and that the Dill brief would be fil soon. The judge will render a decision as soon as possible, The public hearing was declared adjourned to 7 : 00 P.M. on July on motion of Vice Mayor DeMirjyn, seconded by Councilman Knuds 1 . Lot Split No. 443 - Joseph P. Buoye That the request of Joseph P. Buoye for permission to split pr located approximately 660 feet West of Texas Street, between B Avenue and Colton Avenue, M-1 zone, be approved subject to the recommendations of all departments as contained in Planning Commission minutes dated June 26, 1973 . Following discussion, motion of Councilman Knudsen, seconded by Councilman DeMirjyn, recommendation of the Planning Commission was adopted by AYE, v of all present. Councilman Sewall entered the Council Chambers at this time. Cajon Street - Required Dedication In answer to a question by Councilman Knudsen regarding dedica which is required of development on Cajon Street, Planning Dir Schindler explained that this right-of-way is being reserved f future possible need for widening of Cajon Street as it is a secondary highway and one of two north-south streets . 2. Appeal - Planning Commission Denial for Minor Deviation No. 5 David Waters At this time Council considered the denial by the Planning Corr of the request by Mr . David Waters for permission to utilize a foot setback along Center Street instead of the required 25 fo setback. Council discussed this proposed design with Mr. Schindler and Waters and congratulated Mr. Waters on the development of an a tive home for a difficult lot. Council expressed the opinion Linder the "Minor Modifications" procedure, they believed the P Commission might have also approved this request. On motion o Councilman Knudsen, seconded by Councilman DeMirjyn, unanimous approval was given to the request for a use of 22 foot setback 3 . Appeal - C.R.A. for Sign under Conditional Use Permit No. 108 Heath & Co. At the Planning Commission meeting of June 12, 1973 the Commis denied approval of an identification sign on the front of the Gerrard ' s Market building for the Van de Kamp ' s Bakery. At this -time, Council considered the appeal which was filed wi following listed reasons ; a. This is a separate entity from the Gerrard' s Market C operation with a separate business license; b. This business is no different than one having a separ store entrance and housed within separate quarters ; C, Other phases within the building are owned and operat by Gerrard; d. This is our corporate image; e. Other markets within your city now -have a similar typ for Van de Kamp's in addition other businesses identi Council. discussed the matter informally with particular attent the unanimous decision by the Commission and discussed similar requests from another C-1 Conditional Use Permit . Mr. Eugene Briesmeister addressed Council in behalf of the Van de Kamp Cc and re-stated the company' s regret that the sign had been inst i,7i Fi r�-F r'k+-�i—4"— —c i ou i�n Frn— 4-`ks D1 err inr. tln—miaain a aur s 4ttc1 c ut 1 1 S .{1 cttlCi Lmri .L sne disagreed with Mr. Gerrard ' s point of view. Following further discussions and motions which died for lack of second, on motion of Councilman Sewall, seconded by Councilman Knudsen, ' the matter was remanded to the Planning Commission for the purpose of hearing Mr. Gerrard' s presentation only, and to see if an alternate might be reached, by the following roll call. vote: AYES : Councilmen Knudsen, Sewall, Mayor Cummings NOES: Councilmen DeMi.rjyn, Miller ABSENT: None l,ot li..t No. 434 -- Lewis Homes - Time Extension -� _ A time extension of one year from July 18, 1973 to July 18, 1.974 was approved for Conditional Use Permit No. 2012 and :Lot Split No. 434, subject to filing of an acceptable Environmental Impact Report, on motion of Councilman Knudsen, seconded by Councilman Sewall., by unanimous vote. Job Site and vehicular License - Stud City Manager Merritt .reported that this study which was requested by Council at the meeting of June 1.9, 1973 would require further time as this business cannot be regulated by the Treasurer ' s Office sander the Redlands ordinance Code because contractors are licensed under State Law. The matter will be studied from the point: of an amendment to the zoning ordinance with a proposal to come to Council to go to the Planning Commission on July 24 meeting, and a hoped for presentation to the Council in early August. "IONS AND PETITIONS City Manager Merritt brought an application from Grafton Hills College for the use of Prospect Park for the production of four plays in August. This request was received on July 2, 1973 and has been studied by the act staff insofar as is possible in this limited time. Following explan- Is e at;.ora of a detailed list of requirements and actions necessary, this use was approved on motion of Councilman Sewall.., seconded by Councilman ` DeMarjyn, subject to conformity with requirements of Police, Fire, and Building and Safety; approval included permission to charge the fees listed in the letter of application, and the waiver of the business i' license requirement of the City. 1R S Council. unanimously agreed on the following appointments : Mr. Ralph Davis to fill the citizen representative vacancy on the tion Recreation Commission, can motion of Councilman NeM .rjyn, seconded by s ion Councilman Knudsen, with concurrence of the School Board. t Mr. ,john S. Primrose and Mr. Larry Wormser for four-yeas berms on the ry Airport .Advisory Board, on motion of Councilman Miller, seconded by Councilman IeMirjyn. of Mr. Eugene Malone as chairman of the Board of Parking Place Commis - g Place s.ioners for a term of three years , on motion of Councilman Miller, sioners seconded by Councilman DeMir!vn_ Services of a consultant for the HUD grant for Community park b i Consultant contract with Lampman and Associates of Santa. Ana were unanimou Community approved on motion of Councilman Miller, seconded by Councilman 'ark Grant Knudsen. Assistant to the City Manager John Wagner explained t j $6, 500 remains from the $11, 500 line item for engineering and preparation of specifications within the HUD grant. Mr. Wagner that this is an all-inclusive contract which will take the p.roj from the beginning to the end, that the cost of the contract is $15, 000, and that the net cost of the contract to the City wool $8, 500 , Ordinance No. 1518, an ordinance of the City of Redlands amendi Ordinance Code as relates to bicycle licensing, in order that the City ma No. 1518 continue to charge :its $1. 50 fee for licenses over and above th 3icycle amount required by the State, was given first reading of the ti Licenses and laid over under the rules, with second reacting set for duly 1973 . Bid Call On motion of Councilman DeMa_r_jyn, seconded by Councilman Knudse Colton City Clerk, was authorized to advertise for bads for the resurfa Avenue of Colton Avenue between Church and Grove Streets . On motion of Councilman DeM:zrjyn., seconded by Councilman Miller Grant deeds thirteen grant deeds for street right-of -way purposes on Nagana. Avenue between Texas and Church Streets were accepted, with the Manager authorized to execute the certificates of acceptance in £4 behalf of the City. The agreement of July 18, 1972 between the City and the County Wabash i_ng to the Wabash Avenue interchange, which was originally to € erztte $13, 200, has risen in price to $18, 000, clue to necessity for an Interchange environmental impact study and to inflation. approval of this diture was unanimously authorized on motion of Councilman DeMix seconded by Councilman Knudsen. Bills and salaries were ordered paid as approved by the FinancE Committee. i There being no further business , Council adjourned, on motion, 9: 20 P.M. Next regular meeting, July 17, 1973. ATTEST: Cityl '" rk � yor of the City of'� edlands