HomeMy WebLinkAbout3937_CCv0001.pdf RESOLUTION NO. 3937
IZESOLUT10N OF THE CITY COUNCIL OF THE CITY OF
REDLANDS, CALIFORNIA) CONFIRMING THE FORMATION
OF FOUNTAIN AVENUE ASSESSMENT DISTRICT, OVER-
RULING PROTESTS, AND DIRECTING SUPERINTENDENT
OF STREETS TO CONSTRUCT
WHEREAS,, the City Council of the City of Redlands ,
California, adopted Resolution No . 39Z6 commencing proceedings
pursuant to the provisions of the Improvement Act of 1911,
Division 7, Part 3, Chapter 27 of the Streets and Highways
Code of the State of California, for the construction and
installation of an S-inch diameter sewer main, including
sewer laterals to the street curb lines of parcels within
Fountain Avenue , south of Elizabeth Street , in the City of
Redlands ; and
WHEREAS, the Superintendent of Streets has re-
ported to the City Council that petitions signed by the
owners of more than 60 percent of the front footage of the
properties along Fountain Avenue within the proposed <asses:
menta district have requested the installation of said sewer
main ; and.
WHEREAS, a public hearing on the formation of the
proposed assessment district and the construction of said
sewer main and sewer laterals w-as set and held before the
City Council on the 15th day of November, 1983, pursuant to
notice given in the inanner and time required by law; and
WHEREAS, at said public hearing the City Council
heard all, persons interested in this matter and has deter-
mined that all protests should be overruled and, that the
above improvements should be constructed within the assess-
ment district, pursuant to and subject to the terms and pro-
visions of Chapter 27 of the Improvement Act of 1911, and
within the time and manner contained in the Notice given by
the Superintendent of Streets for the installation of said
improvements ;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Redlands , California, that it does hereby find,
resolve, determine and order as follows :
SECTION 1 : It is hereby found and determined that
petitions signed by the owners of more than 60 percent of
the front footage of the properties within the proposed Foun-
tain Avenue Assessment District have been filed with the City
Clerk requesting the construction of an 8-inch diameter sewer
main, including sewer laterals to the street curb lines of
parcels within Fountain Avenue , south of Elizabeth Street,
SECTION 2 : Plans , specifications , and cost esti-
mates have been furnished by the City Engineers for the im-
provements in said assessment district , and they are hereby
approved and adopted.
SECTION 3: The City Council does hereby overrule
all protests , and orders and directs the above improvements
and all incidental work be constructed in accordance with
said plans and specifications within the assessment district .
Said work is briefly described as follows :
-2-
Construction of an 8-inch diameter sewer main,
including sewer laterals to the street curb
lines of parcels within Fountain Avenue , south
of Elizabeth Street, by the City of Redlands .
If said work is not commenced within the time specified in
Notice of the Superintendent of Streets , and thereafter prose-
cuted to completion with due diligence by the owners or re-
presentatives thereof, and as required by the Notice of the
Superintendent of Streets, the Superintendent of Streets
shall cause said improvements to be constructed and the costs
thereof shall be a lien against the parcels fronting said
improvements following hearing and subject to confirmation
as required by Chapter 27 of the Improvement Act of 1911.
The estimated total cost of the proposed work is $33,000 .
SECTION 4: The Superintendent of Streets is
authorized and directed to cause said work to be done in
the manner required by law.
SECTION 5: The City Council hereby declares that
the territory within the boundaries set forth on Exhibit "A"
is the district to be benefited by said work and to be assessed
to pay the cost and expenses thereof; that the expense of said
work is hereby made chargeable upon said district; and that
the exterior boundaries of said assessment district are hereby
specified and described to be as shown. on that certain, map now
on file in. the Office of the City Clerk entitled "Fountain
Avenue Assessment District , City of Redlands , State of Cali-
-3-
fornia , Boundary Map and Assessment Diagram," which said map
indicates by a boundary line the extent of the territory in-
cluded within the assessment district , Said map shall
govern all details as to the extent of the assessment district .
SECTION 6 : All public streets , alleys , easements
and ways , and all publicly owned properties in said assessment
district in use in the performance of a public function, shall
be omitted from said assessment hereafter to be made to pay
the cost and expenses of said work.
ADOPTED, SIGNED AND APPROVED this 6th day of
December, 1983.
MayiT
ATTEST:
C T
I , Lorrie Poyzer, City Clerk, City of Redlands , hereby
certify that the foregoing resolution was duly adopted by the
City Council at a regular meeting thereof he on the 6th day
of December, 1983, by the following vote :
AYES: Mayor Beswick; Councilmein&rs Johnson, Martinez ,
DeMirjyn, and Larsen
NOES: None
ABSENT: None
i tj/ C Te'r
-4-
FOUNTAIN AVENUE SEWED
ASSESSMENT DISTRICT
:aOUTII OF 'ELIZABETH AVENUE
C TTY OF RFDLANDS
COUNTY OF STN BERNARDI NUJ
That portion of 'Tract No. 3940 Elizabeth Heights being a
subdivision of Lot 4 , Block 49 , Lot 1 , Block 9 , and
portion of Lot 1 , Block 8 , Sinith' s subdivision No . 1-, ars
<a portion of abandoned Medlands Street , Cit} of Redlands;,
as recorded in Book S3 of daps , Page 46 , County of San
Bernardino , California, more particularly described as
follows :
Commencing at the intersection sof centerline of Elizabeth
Street and Fountain Avenue , thence Southerly on a line
Eyeing the centerline of Fountain Avenue South 17' 43"' 15
West 165 . 31 feet to the point of beginning; thence South. 79'
S61 00" East 2'S . S' feet to a point being the Northwesterly
corner of Lot No. 11 ; thence continuing South 79' 561 00"
East 263. 00 feet to a point being the Northeasterly corner of
Lot No . III ; thence along a lino South 17° 43 ' 15'" West 1.97 . o'
feet to a point on a curve concave Southerly with a radius of
20 feet ; thence Northeasterly along said curve through a central
angle of 3' 071 08`" and an arc distance of 1 . 09 feet to a point
of reverse curvature and a. curve concave Northerly with a -radius
of 40 feet ; thence Easterly along said curve through a central
angle of 101' 30 ' 00" and an arc distance of 70 .`86 feet to a
point being the Northwesterly corner of Lot 14 ; thence along a
line South 75' 44 ' CICS" Fast 160 . 53 feet ; thence South 6' 51 3'0"
East 245 feet to a point being the Southeast corner of Tract
No. 3940 ; thence North 86' 31 ' 30" West 229 . 70 feet ;; thence South
80' 431 0011
West 194 . 88 feet ; thence North ' 43 ' So" Fest 134 . 99
feet , thence South 74°` 27 ' 45" West 326 . 52 feet; thence 'Forth 1S'
321 1S" west 278 . 34 feet ; thence North 74* 27 ' 4S" East 142 . 85
feet ; thence South 29' 42 ' 4S" East to a point on a curve concaved
Northerly, said pont Feeing on a curve whose radius is 40 feet ;
thence Easterly along said curare 33>. 92 feet and 'through a. central
angle of 48' 35 ' 26" to a point; thence North 29" 42 ' 4S" West
234 . 65 feet ; thence South 78° 221 30" East ; thence South 10' 23 '
30" West 21 feet ; thence South 78' 22 ' 301" East 74 . 5:5 feet ; thence
South 38" 46 ' 00" East 121 . 50 feet to a Point on a curve with a
radius of 100 feet, being the Northwesterly line of Fountain
Avenue ; thence South 83' 161 4S" East to a point on a Line Fearing
South 17° 43 " 15" West also being the North-South centerline of k
Fountain Avenue ; thence North 170 43 ' 15" East along said center-
line to the pont of beginning .
Exhibit A
r
Resolution No. 393
Page e Four
LAW OFFICF-S OF
ARTHUR L.LITTL9WORTH MICHAEL 13PANT BEST, BEST & KRIEGER PALM SPRI14GS OFFICE
GLEN C,STF-PHENS FRANCIS J.SAUM A 0ART".tRS..0 MICLW01.0 W-0'r534*-.clo" R.^"*-s 600 CAST TAMOUIT2-149CAILLUM WAY
WZIAM k.0.W0'_F ANNE T_THOMAS
aAR7ON C.OAUT- GEORGE M.REYES 4,200 ORANGE STREET PALM SPRINGS,CALIFOR141A S2262
CHARLES 0,FIELD WH.WAM!W.FLOYO-JR.
PAUL T.SELZER MICHAEL A.CWSTE (619)
C P.0,E30X $028
MARLrS 01 W4 H
RICARD C14OSS
OAI_�.AS HOLM ES 0,MARTIN NETHERY RIVERSIDE,CAUFORNIA 92502
HQ1Si0A"Eq CARPENTER- CLIZASCTH L.HANNA
R PCHARO 7.ANOEOSON. GRXI,ORY V,MOSER
JOHN D,WAHLtN- iRH
WIN 100LOS TELCPON C(714)6a6-1450,). JAMES B.00015QMCHr COVF45"
MICHAEL O�HARRIS ANTONIA G-)N9FNtR
JOYCE W.WHEELER RAYMOND BEST(faOS-49S7)
w,CURT £A LY jv'.�. JAMES M.KPIF-OEP
THOMAS S SL MARLEY L.SJFLLANO
JOHN ;:,r$Row N JEF7FRET M.RICHARD CUGrME BEST(1893-1991)
"0 NALO J KOH U r DAVID L.OARON
1983
CHASL q1OCCELL LOU ANN MERRItT December 2,
'" REOITH A«JURY- VIRGINIA A,LTTINOCA
P 6SERT J SEPE KARL fC KNiCXMr1YER.JA:
*A P"OFESSiONAL CORIAOR-N'.-
Mr. John E. Holmes
City Manager
City of Redlands
P.O. Box 280
30 Cajon Street
Redlands , CA 92373
Re: Fountain Avenue Assessment District
Dear John:
Enclosed is my proposed redraft of Resolution No.
3926 . However, new information supplied by Morrie last
Tuesday reveals a problem which requires your decision as
to whether you wish to have this resolution adopted next
Tuesday.
I first learned of the proposed formation of this
assessment district from Dave Garcia, who telephoned me
with a specific question several weeks ago. In that tele-
phone conversation, he advised me that he had already pub-
lished notice of the hearing to be conducted on November 15,
1983, for the formation of a proposed assessment district.
He wanted to know whether posting and mailing of notice
was required in addition to publication. I confirmed that
posting and mailing of notice was , indeed, required by law,
and he asked me to help him prepare that notice . I asked
him to send me a copy of the resolution of intention calling
for the pulblic hearing and containing the informati6n needed
to prepare the notice . He sent me a copy of Resolution No .
3926 as originally drafted, and by telephone , he stated
his understanding that the resolution had previously been
adopted by the City Council . With the information contained
in that resolution, I prepared the notice to be mailed and
posted, and I transmitted the notice to Dave, along with
appropriate instructions .
I was surprised to find Resolution No. 3926 in the
agenda packet for the City Council meeting of November 15 ,
1983. By telephone, I asked Dave why the City Council was
�,ftw OFFICVS OF
BEST, BE & KRIEGER
John E. Holmes
December 2, 1983
Page 2
again considering a resolution already adopted, calling for
a public hearing that very day. I advised Dave that followin
the public hearing, another resolution would have to be adopt
overruling protests and directing City staff to proceed with,
the work. He asked me whether I could help prepare that re-
solution in a hurry, but when you and I talked, we decided to
simply conduct the hearing and adopt the resolution at the
next following Council meeting.
Last Tuesday I learned from Lorrie that a resolution
of intention never has been adopted by the City Council, and
that was why- Resolution No. 3926 had appeared for adoption
on November 15. Thus , a public hearing was conducted without
a resolution of intention ever having been adopted. Correct
procedure is to adopt the resolution of intention first, then
conduct a public hearing, then adopt another resolution over-
ruling the protests . The applicable law in this case, See
tion 5132 of the Streets and Highways Code, provides that the
resolution of intention must be adopted calling a public hearil
no sooner than 15 days after adoption of the resolution. We
note from the assessment district expertise in our office that
adoption of the resolution of intention at least 15 days befog(
the public hearing is jurisdictional, and that failure to adopt
the resolution of intention will invalidate the assessments i
LAW OFFICES OF
BEST, BEST & KRIEGER
John E. Holmes
December 2, 1983
Page 3
proceedings commenced as prescribed by law.
We have an abundance of expertise in assessment dis-
trict procedures . In this instance, it probably would have
been wise to get us involved before a public hearing was
called. In defense of Dave, I understand that he was trying
to follow the same format used by the City for an assessment
proceeding conducted a -number of years ago. However, I do
not think either he or Lorrie understood the steps involved.
Enclosed for your information and theirs is a copy of a Calen-
dar of Events which we prepared for use in a similar assessment
district formed in the City of Corona.
Please give us a call and let us know which way you
would like to go in this matter.
Sincerely yours ,
Michael T. Riddell
of Best, Best & Krieger
Enclosures
MTR/pc
PINE STREET ASSESSMENT DISTRICT
City of Corona,
California
Calendar of Assessment District Proceedings
RESOLUTION
DATE NUMBER ACTION
1981
April 15 City Council adopts Resolutions :
- Appointing Superintendent of
Streets .
- Designating newspaper for
publication of notice.
- Designating "block. "
- Instructing Superintendent of
Streets to notify property owners
to construct improvements .
(S and H Section 5876) .
April 20 NOTICE TO CONSTRUCT MAILED
Superintendent of Streets mails
Notice to Construct to owner of
property facing upon the side-
walks or curbs to be constructed.
(S and H Section 5877) . Notice
sets day and time for hearing
of protests no earlier than ten
(10) days after giving notice .
(S and H Section 5878) .
HEARING DATE: May 6 , 1981 , 6 : 30 p .m.
April 21 Superintendent of Streets posts
Notice to Construct , printed
on a card of not less than 8 inche,
by 10 inches in size , in a con-
spicuous place on property facing
n
upothe sidewalks or curbs to be
constructed. (S and H Section
5878) .
PINE STREET ASSESSMENT DISTRICT
RESOLUTION
DATE NUMBER ACTION
1981
May 6 PUBLIC HEARING ON OBJECTIONS AND
TRUTETT s
Public hearing upon objections
and protests . City Council
may overrule objections and
protests by four-fifths vote of
the Council. _ (S and H Section
5878. 1) . Unless proceedings
terminated at this point, City
Council finds that public con-
venience and -necessity requires
the installation of such improve-
ments . City Council adopts
resolution:
Overruling protests .
June 25 LAST DAY FOR PROPERTY OWNERS TO
COMMENCE CONSTRUCTION
July I If construction commenced by property
owners and completed, City Council
adopts resolution:
Terminating proceedings .
S and H Section 5879 provides
that if property owner does not
commence construction of improve-
ments within sixty (60) days
after Notice to Construct is
given, the Superintendent of
Streets shall construct the
improvements .
If proceedings not terminated by
private construction , City Council
adopts resolution :
July 1 Authorizing and directing
Superintendent of Streets to
construct improvements .
-2-
s .s
1 } FINE STREET ASSESSMENT DISTRICT
RESOLUTION
f DATE NUMBER ACTION
1981
July 2 NOTICE OF COST OF CONSTRUCTION MAILED
[ Superintendent of Streets
mails Notice of Cost ofCon-
struction to all property owners
liable to be assessed for the
cost of said construction.
(S and H Section 5881) . Hearing
on report of Superintendent of
Streets on the coat of the
construction together with
hearing on any objections anal/gar
protests set no earlier than ten
10 days after giving of notice,
(S and H Section -5883) .
HEARING DATE : July 1.5, 1981 , 6 :30 p .n
RECEIVE REPORTON COST OF C N TRHCTIGN
(Summarize eprrt
July 15. City Council adapts resolutions :
Overruling protests .
Confirming Report on Cost of
Construction and Assessment.
July 20 Last day to pay assessment. Mustl
be paid within five 5 days after
confirmation of assessment by Ci
Council . S and H Section 5890) . ;
x_
If assessment not paid, S perint
ent of Streets :
f
July= 21 - Files Notice of Lien in office
of the County Recorder. S and
Section 5891)
Mails Notice of Lien to county �
tax assessor after recordation
for addition to newt regular
property tax bill. (S and H
Section_ 58 3 �
UNFINISHED BUSINESS (Continued)
Ordinance No. 1829, an ordinance of the City Council
of the City of Redlands amending ordinance No. 1000
to permit certain benefits to be granted by density
ordinance bonus agreements, was given second reading of the
No. 1829 title, with waiver of the reading of the ordinance in
full by AYE votes of all present on motion of
Density Councilman Martinez, seconded by Councilman Gorman,
Bonus and adopted on motion of Councilman Martinez,
Agreement seconded by Councilman Johnson, by the following roll
call vote:
AYES: Councilmen Martinez , Johnson; Mayor Roth
NOES: Councilman Gorman
ABSENT: Councilman DeMirjyn
NEW BUSINESS
Ordinance No. 1830, an ordinance 'of the City of
Redlands amending the Redlands Ordinance Code and
establishing parking spaces for the exclusive use of
Ordinance physically handicapped persons as authorized in the
No. 1830 California Vehicle Code and rescinding Resolution
No. 3553, was given its first reading of the
Handicapped title in full on motion of Councilman Johnson,
Parking seconded by Councilman Gorman, and was by AYE votes
of all present introduced and laid over under the
rules with second reading set for November 1. , 1983 ,
on motion of Councilman Gorman, seconded by
Councilman Martinez.
Cheryl Cairns, Southern California Edison Company
Area Manager, explained the background of Edison
Company' s efforts to relicense two hydroelectric
Resolution generating systems which municipalities have applied
No. 3924 for licenses and currently have a preferred status
under the Federal Power Act, and urged support of
Hydroelectric Resolution No. 3924. On motion of Councilman Johnson,
Projects seconded by Councilman Martinez, Resolution No. 3924,
Relicensing a resolution of the City Council supporting
relicensing of hydroelectric projects to the Southern
California Edison Company (FERC Projects Nos. 1,388
and 1389) , was approved by AYE votes of all. present.
A petition has been received for the purpose' of
forming a sewer assessment district using the short
Resolution form Improvement Act of 1911. On motion of Councilman
No. 3926 Johnson, seconded by Councilman Gorman, Resolution
No. 3926, a resolution of intention, to form an
assessment district for the purpose of installation
October 18, 1983
Page fourteen
UNFINISHED BUSINESS (Continued)`
contract is not likely to' result in the removal_ of
adjacent lands from agricultural use. Motion seconded
by Councilman Martinez and carried by AYE votes of
all present...
As the proposed industrial subdivision is in
compliance with the Redlands General Plan and Master
Plan; of the Redlands Airport and both plans cell for
area, to be Industrial-Urban Services uses, Councilman
Gorman roved to find.: that the cancellation of this
contract
NEW BUSINESS (Continued)
Resolution of a sewercollection system within Fountain Avenue,
No. 3926 south of Elizabeth Street subject to the preparation,
Fountain of specifications by the Department ent cf Public Works,
Avenue Sewer was authorized by AYE votes of all, present for public
Assessment hearing to be held on November 1-5, 1983.
Public Works Director Donnelly explained that the
existing nitrification basins of the Wastewater
Treatment Plant have a coarse bubble diffusion system
that was installed in 1972 when the plant was
expanded. Because of the, high cast of energy and
gather factors, the Council: authorized the, "En.erg
,Bid Call Utilization Study" to be prepared,. The study,
prepared by John Carcllo Engineers, indicates that if
Wastewater a high efficiency aeration {fine bubble diffusion)
Treatment system was installed at the Plant, the City could
Plant save approximately $108,000 annually in energy coast
Improvements with an estimated payback in 4. 7 years. on motion of
Councilman Martinez, seconded by Councilman Gorman
Council authorized by AYE votes of all present the
City Clergy, to advertise for bads for the installation
of a fine bubble diffusion system in the
nitrification basins of the Wastewater. Treatment
Plant.
.An Architect Selection Committee interviewed seven
architectural firms that expressed an interest in
preparing plans and specifications for the Joslyn
Senior Center addition. The Committee recommended
that the contract for architectural services be
awarded to the firm of Weldon F. Fulton, Associates
of Big }leas Late with the fee to be eight percent of
Joslyn estimated construction coast of $100 , 000. Councilman
Senior Johnson said, there seemed to be no basis on which to
Center make a decision and: fell a fee should be set: for the
Addition services Council questioned the need for an
architect and concurred to continue this item until
:staff had looked into using a Building Designer
rather than an architect and the open-endedness of
the cost. Councilman Gorman stated he was willing to
go along with this delay to allow staff to
investigate the legalities involved, but, if there was
no clear cut answer to this in terms of cost,, he
would be disposed to rely on the staff
recommendation. r
Council briefly recessed. at 8 .40 P.M. and reconvened
at 8:50 P.M.
October 18, 1983
Page fifteen
NEW BUSINESS (Continued)
Councilman Johnson stated he would= disqualify himself
from the legislative proceedings and vote regarding
the water facilities development report as he is the
General. Manager of Bear Valley Water Company.
Public Works Director john Donnelly reported on water
facilities development since September 1, 1981 when
Council approved the J. M. Montgomery Water Master
Flan Update and authorized the engagement of an
engineering consultant to design the recommended new
water treatment plant. He concluded his report with
the staff and Public Warks Commission recommendation
to proceed immediately with the design and
construction of a twelve million gallon per day water
treatment plant.
12 MCAD Stating Council had received considerable information
Wager over the past two years can this, Councilman Martinez
Treatment moved to proceed with the construction of the new
Plant water treatment plant. Motion 'seconded by Councilman
Gorman.
Mrs. Mabelle Nizikoglu of Mentone expressed her
concern that her water rates would continue to
increase and urged opposition to the proposed ligate
Plant. Civil Engineer Ken Kind, who worked on the
original water exchange agreement, urged postponement
of a decision to allow others in the water business
to have an opportunity for their input. Councilman
Gorman started he had never_ seen a City review done as
thoroughly and professionally as this. one and that
with all of the reviews done by qualified people over
a lengthy period, the results of all 'these studies
had been continuously the same. She concluded b
saying he felt this was the appropriate decision in
the best interests of everyone 'involved.
The motionra
t proceed with the design_ and
construction of a 12 MGD grater treatment plant was
approved by the following vote,
AYES. Councilmen Martinez, Gorman; Mayor Roth
NOES: None
ABSTAIN: Councilman Johnson
ABSENT: Councilman D Mi r jyn
6
�t
October 18, 198
Page sixteen'
t
PLANNING AND COMMUNITY DEVELOPMENT (Continued)
Tentative Tract Map No. 11937 - Arthur D. John and
Joseph P,.,- Buove - Final Approval
All requirements as outlined in Council minutes dated
September 7, 1982 , having been complied with, it is
the recommendation of the Planning Department that
final approval be given Tentative Tract Map
No. 11937. On motion of Councilman DeMirjyn, seconded
by Councilman Martinez, this recommendation of the
Planning Department was unanimously approved.
CITY ATTORNEY
City Attorney Holmes conveyed two requests from the
League of California Cities to join other cities in
Friends of the Court briefs at no cost to the City.
The first brief being prepared concerns the Los
Angeles County case where the County is appealing the
ruling that found the anti-strike
e initiative
Friends provisions unconstitutional. Councilman DeMirjyn
of the moved to join the Friends of the Court brief for this
Court pending case. Motion seconded by Councilman Gorman
Briefs and carried unanimously. The other brief being
prepared regards the Chula Vista case which called
into question the City of Chula Vista ' s entering into
exclusive trash collection franchise without
competitive bidding. Councilman Martinez moved to
join this Friends of the Court brief. Motion seconded
by Councilman Gorman and carried unanimously.
Council recessed at 3 :07 P.M. to a Redevelopment
Agency meeting and reconvened at 3 : 20 P.M. to a
'closed session for the purpose of discussing. items
covered under the attorney/client privilege. Council
reconvened at 7: 00 P.M.
BIDS
The City Clerk was unanimously authorized to
Paving advertise for bids for paving materials for 1984 on
Materials motion of Councilman Martinez, seconded by Councilman
Johnson.
PUBLIC HEARING
,Public hearing was advertised for this time and place
on Resolution No. 3926 , a resolution of the City
Council establishing the Fountain Avenue Sewer
Assessment District for the construction of an 8-inch
November 15, 1983
Page two -
MINUTES of a regular meeting of the City Council, City of
Redlands, held in the Council Chambers, Safety Ball,
212 Brookside Avenue, can November 15, 1983, at. 3:0
P
PRESENT Kenneth Roth Mayor
Charles G. De iir jyn, Vice Mayor
rr
Oddie J. Martinez, Jr. , Councilman
James W. Garman, Councilman
Tim Johnsen, Councilman
Jahn B. Holmes, City Manager
Dallas Holmes, City Attorney
Lorrie P y er, City Clerk
Glenn Cunliffe, Redlands Daily Facts
(evening session: only)
Janes Nickles, The Sun
ABSENT Non
The meeting was opened by Mayer Rech with the pledge
of allegiance, followed with "dice Mayor BeMirjyn
leading the audience in the singing of ` cad Bless
America. "
Minutes of the regular meeting of November 1, 1983,
were approved a submitted
Bills and salaries were ordered paid as approved by
the Finance Committee.
PLANNING :AND COMMUNITY DEVELOPMENT
Resolution No. 3929 - Street Vacation No. 80 --
Robert Wagner
That the request to vacate a; portion of a street
generally located can the northeast corner of Ford
Street and Reservoir Road be approved subject to the
recommendations of alldepartments as outlined in
Planning Commission minutes dated November 8, 1983 .
On motion of Councilman DeMir.jyn, seconded by
Councilman Martinez, Resolution No. 3929, a
resolution of the City Council declaring its
intention to vacate a portion of a street generally
located on the northeast darner of Ford Street and
Reservoir Road and, setting the public hearing on this
street vacation for December 6 , 1983, was unanimously
approved by Council
6�
November 15, 1983
Page one - r
gym,
�r
s%�P'
PUBLIC HEARING (Continued)
diameter sewer main including sewer laterals to the
street curb lines of parcels within Fountain Avenue,
Resolution south of Elizabeth Street. Public Words ]director,
No. 3926 Donnelly stated that all posting as required by law
had; been done, all property owners were notified of
Fountain this public hearing, and that no written protests
Avenue have been received. Mayor Roth declared the meeting
Sewer seen as a public hearing for any quesions or comments
Assessment concerning the establishment of the Fountain Avenue>
District Sewer Assessment District. None being forthcoming,
the public hearing was dec,lared closed. On motion of
Councilman Gorman, seconded by Councilman Martinez,
Resolution No., 3926 was unanimously continued to
December 6f 1983, as recommended by the City
Attorney.
APPLICATIONS AND PETITIONS
At its September 27, 1983, meeting, the Planning
Commission denied Variance No. 282 which requested;
approval of two sign code variances for Pep Boys '` new
store on Redlands Boulevard and Texas Street., An
Appeal: appeal to this decision was filed: by Superior
Electrical Advertising and a hearing was set: for this
Pep Boys time and place. Community Development Administrator
Signs Schindler reported he had received a phone call this
morning from, Pep Days indicating they would comply
with all City ordinances, and they wished to withdraw
the appeal.. On notion of Councilman Johnson, seconded
y Councilman- Gorman, the appeal was denied`
unanimously.
COMMUNICATIONS
NICATION
Councilman: Johnson reported the Senate Local
Government Committee will hold a hearing can:
November 22 in San Bernardino to discuss the 'need for
long-term financing for cities. With Council "
permission, Councilman Johnson will attend this
hearing and will strongly support this concept on
behalf of the Council:.
NEW BUSINESS
On motion of Councilman DeMirjyn, seconded; by,
Engineering Councilman Martinez, the Department of Public darks
Services was unanimously authorized to engage John Carollo
Engineers at a cost not to exceed 1.7, 940. 00 to
Wastewater provide technical services .relative to the Wastewater
Treatment Treatment and Disposal Facilities' 1983 N :trification h
Plant Basin Upgrade Construction.
November 1.5, 1983'
Page three
sr,:�iMANY
NEW BUSINESS (Continued)
City Treasurer Reynolds provided copies of Articles
413 and 415 of the Redlands Ordinance Code regarding
solicitation for discussion. Mr . Reynolds explained
that Article 413 ars a general regulation of
solicitation providing procedures for police;
registration; Article 415 pertains to the
distribution of advertising materials and limits
peddling and soliciting in the residential areas.
Councilman Johnson explained that there were
legitimate retail businesses in torn who historically
go door-to-door to sell their product and he wished
Solicitation Council to discuss these currrt ordinances. Citing
ordinances Section 41502 (b) which states that. door-to-door
commercial: solicitation cif unwilling recipients by
salesmen of goods and services -jeopardizes the right
of residents in this City to enjoy the privacy of
their homes and serious public offenses have been
,committed by purported solicitors, Mayor Roth stated
he supported' this ordinance fully.. Councilman
DeMirjyn echoed.. the Mayor' s fceliugs. Mr. Bob Hark
owner of Kirby Vacuum Gleaner, felt that many fine
products were sold in the convenience of the home,
that this ordinance was discriminatory; and that if
the residents did not want solicitors at their door,
they could post their homes.
On motion of Councilman DeM.irjyn,, seconded b
Councilman Gorman_ the following` holidays for the
City of Redlands for calendar year 1984 were
unanimously approved:<
1984
Holidays January 2 New Year's gay
February 20 Washington' Birthday
-May 28 Memorial .Darr
July 4 Independence Day
September 3 Labor Day
November 22 & 23 'thanksgiving
December 24 & 25 Christmas
December 31 New Year' s Eve
4n motion of Councilman DeMir n, seconded b
�y y
Councilman Gorman, claims in the names of tae Gab
Claims Kim, Myrtle McLarran, Robert Collins, and John Bakes
were unanimously found not to be proper charges
against the City and therefore rejected.
Ay
November 15, 1953
Page four