The Process in 2006 for the Redlands Council Vacancy That Resulted in The Appointment of Pete Aguilar

The City of Redlands is appointing a new Council Member on January 20, 2015.  I am one of the candidates.

 

In 2006, when Susan Peppler resigned, the Council had a similar appointment process.  I remember being in the audience as Assistant City Attorney, and that there were multiple ballots that resulted in Pete Aguilar being chosen to serve the remainder of Susan Peppler’s term.   Here are the minutes of the Redlands City Council meeting of April 18, 2006:

CITY COUNCIL VACANCY

A vacancy exists on the City Council due to the resignation of Councilmember Susan Peppler. At the meeting of April 4, 2006, the City Council voted to fill the vacancy through an appointment process on or before May 4, 2006. On April 5, 2006, the City issued a Notice of Intention to fill the vacancy on the City Council by appointment. Interested applicants were invited to submit applications to the Office of the City Clerk by 5:00 P.M. on April 14, 2006. Eleven (11) applications were received from: Peter R. Aguilar, George D. Bartch, Roy S. Cencirulo, Eric Robert Fraser, James G. (Jim) Macdonald, Dennis John Mullenix II, Reyes L. Quezada, Brian Roche, Mark Stanson, Eddie Tejeda and William E. (Bill) Turnpaugh. Voter registration has been confirmed for each applicant. Mayor Harrison explained the process to the applicants and audience.

At this time, he opened the meeting to public comments from the audience regarding the presentation and appointment process. Wayne Stair urged the City Council to consider appointing Pete Aguilar. Speaking in support of appointing Bill Turnpaugh were Brad Easter and Larry James.

A random drawing was conducted by City Clerk Poyzer, assisted by Assistant City Clerk Teresa Ballinger, to determine the order the applicants would speak. Five minutes presentations were made by: Peter R. Aguilar, Eddie Tejeda, Mark Stanson, Dennis John Mullenix II, Eric Robert Fraser, James G. (Jim) Macdonald, Roy S. Cencirulo, George D. Bartch, Brian Roche, William E. (Bill) Turnpaugh and Reyes L. Quezada.

Appointment – Nominations were opened by City Clerk Poyzer for an appointment to the City Council to complete a term ending on December 4, 2007. Councilmember Gilbreath nominated Pete Aguilar, Councilmember Gil nominated Reyes L. Quezada and Councilmember Gallagher nominated Bill Turnpaugh. The random roll call vote was as follows:

Aguilar: Councilmember Gilbreath

Quezada: Councilmember Gil
Turnpaugh: Councilmembers Gallagher and Harrison

There not being a majority vote for any one nominee, nominations were re- opened by City Clerk Poyzer for the appointment to the City Council to complete a term ending on December 4, 2007. Councilmember Gilbreath nominated Eric Fraser, Councilmember Gil nominated Reyes L. Quezada and Councilmember Harrison nominated Bill Turnpaugh. The random roll call vote was as follows:

Turnpaugh: Councilmembers Harrison and Gallagher

Fraser: Councilmember Gilbreath
Quezada: Councilmember Gil

There not being a majority vote for any one nominee, nominations were re- opened by City Clerk Poyzer for the appointment to the City Council to complete a term ending on December 4, 2007. Councilmember Gallagher nominated Pete Aguilar. Councilmember Gil nominated Reyes L. Quezada. The random roll call vote was as follows:

Aguilar: Councilmembers Gallagher, Gilbreath, Harrison and Gil Quezada: None

By unanimous vote, Pete Aguilar was appointed to the City Council to complete a term ending on December 4, 2007, and the Oath of Allegiance was administered to Mr. Aguilar by City Clerk Poyzer. Councilmember Aguilar expressed his appreciation for having been appointed to this position and pledged to do a good job of representing the citizens of Redlands.

The City Council meeting recessed at 7:17 P.M. and reconvened at 7:30 P.M.

PRESENT Jon Harrison, Mayor
Pat Gilbreath, Mayor Pro Tem

Gilberto Gil, Councilmember Mick Gallagher, Councilmember Pete Aguilar, Councilmember

I remember sitting behind Pete Aguilar.  I remember being surprised that there were two votes that were deadlocked, leading to a third vote.

We will see what happens this time.

Downtown Redlands and Walkability

By Michael Reiter, Attorney at Law

When I moved from West Redlands to Downtown Redlands, I found that it was much easier to walk to lunch.  The Walk Score is listed as

84 Very Walkable

Most errands can be accomplished on foot.

Today, on a particularly clear 68 degree day, I was able to walk from 300 E. State Street to the Citrus Village Shopping Center.  By contrast, my old address had a Walk Score of 48 (Car Dependent). Even though I would walk when the weather was nice, it had a lot of bad or non-existent sidewalk, a lack of marked pedestrian crossings, and since the start of the Alabama widening, a complete nightmare.

Putting aside debates about sustainability, I have a personal preference to walk around a downtown like Redlands’ downtown because I can patronize local businesses with ease. You cannot truly know a City until you have been able to walk it a ground level.

Also, when a business neighborhood, like downtown Redlands is walkable, it allows you to park once and visit a variety of stores, restaurants, or businesses without having to move your car.

A: 300 E. State St., Suite 517
     Redlands, CA 92373-5235
T: (909) 708-6055

Update: Why Were The States in the Streets Named After States in Redlands Chosen?

By Michael Reiter, Attorney at Law.

As an update to this post: I saw retired A.K. Smiley Public Library Director Larry Burgess at Eureka Burger last night, and I decided to ask him how the state-named streets in Redlands got their name.

Mr. Burgess was kind enough to tell me that they were named by the developer, and at least one of them was after his home state. He subdivided the land into roughly 25 acre parcels for orange groves, the remnants of which still exist in the area.  He said the information was not easy to find; he had run across it in years past.

A search of newspapers gives these references to the streets:

Iowa Street: San Bernardino Daily Sun, August 14, 1912, Pg. 9 (crop mortgage)

Alabama Street and California Street: San Bernardino Courier, April 25, 1894, Page 8 (Notice of Sheriff’s Sale on Execution).

New Jersey Street: San Bernardino Daily Sun, December 11, 1906, Page 6 (Resolution of the Board of Supervisors of the County of San Bernardino responding to a petition of property owners requesting a protection district consisting of the Redlands Storm Water Channel (what appears to be known now as the Mill Creek Zanja).

Kansas Street: San Bernardino Daily Sun, July 9, 1914, Pg. 3 (Boy arrested for sandbagging).

Tennessee Street: San Bernardino Daily Sun, January 31, 1897, Pg. 3 (Petition for Mission School District to the Board of Supervisors)

Nevada Street: San Bernardino Daily Sun, May 2, 1903, Pg. 2 (Petition to have Nevada accepted as a public road to the Board of Supervisors)

New York Street: Daily Sun, January 31, 1897, Pg. 1 (House building permit).

Texas Street: Daily Courier, September 26, 1888, Pg. 3 (Redlands Cannery to be constructed)

He agreed that some were added later to keep up the theme.

 

 

Copyright 2014 Michael Reiter, Attorney at Law

Friday Aside: Why Were The States in the Streets Named After States in Redlands Chosen?

By Michael Reiter, Attorney at Law.

I have yet to find an answer.  Some clues are found in the archives of the Fortnightly Club of Redlands, Streets in Redlands, by Dr. Lawrence E. Nelson, January 1974 at the Assembly Room of the A.K. Smiley Public Library.  The best take-away, completely non-related to the subject of this post,  from 1974:

Philip Merlan, the scholarly refugee professor at the University of Redlands and later at Scripps, once remarked that when he came to Redlands he was amazed to find how religious the people were; they even had a patron saint for torn-up streets. Everywhere he went he saw signs set up honoring St. Closed.

What states have streets named after them in Redlands?  Of the north-south streets, from west to east: California Street, New Jersey Street, a very tiny Oregon Street off of Orange Tree Lane, Nevada Street, Idaho Street connecting Plum Lane and Orange Tree Lane,  the solely-south-of-the-10 Iowa Street, Alabama Street, the rump Arizona Street off the anachronistic Coulston Street, Missouri Court (a cul-de-sac off of Park Avenue), Indiana Court, the cul-de-sac off of West Lugonia Avenue, Kansas Street (home of the Animal Shelter), which runs from Barton to Redlands Boulevard, Tennessee Street, the carved-up New York Street, Texas Street,  the somewhat north-south Michigan Avenue, Colorado Street north of Pioneer Avenue, the northside Ohio Street, the probably-not-named after the state Washington Street, and the probably-named-after-the-daughter-of-a-developer Georgia Street.  As far as east-west streets, Pennsylvania Avenue, Delaware Avenue, the way-out-east-may-technically-be-in-Yucaipa Florida Street.

I once answered an interrogatory speaking about Illinois Court (meaning Indiana Court), the location of a fatal motorcycle accident (outside the City limits), and the then-Public Works Director, Ron Mutter, informed me that there was no Illinois Court within the City, despite the fact that a variety of really old streets are named after Chicago streets (such as State Street) in Redlands.

The state-named streets are on the Lugonia grid, and that the original ones were California, New Jersey, Nevada, Iowa, Alabama, Tennessee, Kansas Street, New York Street, and Texas Street.  California is an easy one, but why Alabama and Tennessee?

Looking at a 1939 topographical map online, we see California Street, New Jersey Street, Nevada Street, Iowa Street, Alabama Street, Kansas Street, Tennessee Street, New York Street, and Texas Street, and Pennsylvania Avenue.  On the 1899 Redlands Quadrangle map, you can clearly see California and Alabama (the former because of its proximity to Bryn Mawr, the latter because it goes across the Santa Ana wash to Highland, but it doesn’t give street names.  The same on the 1901 Redlands Quadrangle topographical map, available on the USGS website for download, and the Redlands Quadrangle Map of 1908 shows the same.  So for now, the mystery of why certain states and not others is still a mystery.

How to Travel Between San Bernardino and Redlands . . . And Vice Versa

By Michael Reiter, Attorney at Law.

Redlands and San Bernardino share a border, but it can sometimes be difficult to travel between the two cities.   San Bernardino is the older of the two cities, even if you are talking about San Bernardino’s second incorporation.  San Bernardino was laid out first, on mostly a straight north, south, east, west grid.  Part of Redlands is on a north, south, east, west, grid, the former Lugonia.  Most of south Redlands lies in opposition to San Bernardino’s grid.

Interstate 10 connects the two cities.  Redlands Boulevard, the former Highway 99, enters Loma Linda before it goes through San Bernardino. The same is true for State Route 210:  You have to enter the City of Highland before it connects to San Bernardino.  Though San Bernardino International Airport (formerly Norton AFB) is the border between a large swath of the two cities, the Santa Ana Wash currently prohibits direct access without going to Tippecanoe or Alabama/Palm.

The major streets with a border between San Bernardino and Redlands are Mountain View Avenue and San Bernardino Avenue; Victoria Avenue and Almond Avenue also work.  Lugonia Avenue used to connect to Mountain View, but a development turned it into a cul-de-sac in the 2000s.  While I was at the City of Redlands, there was some talk about a Mountain View Avenue extension across the river, but I have no idea about the status of such plans.

Garage Sales and Yard Sales (and permits) in the Cities of Highland, Colton, Rialto, San Bernardino, Grand Terrace, Loma Linda, Redlands, Yucaipa and unincorporated San Bernardino County

By Michael Reiter, Attorney at Law

People want to know how to get yard sale and garage sale permits in the East Valley, and they find this site because of this article about the City of San Bernardino’s yard sale ordinance.  Therefore, here is a chart to give a basic (but not complete) understanding of the rules and regulations regarding yard sales in the East Valley, here defined as the Cities of Colton, Rialto, San Bernardino, Grand Terrace, Loma Linda, Highland, Redlands, Yucaipa and unincorporated San Bernardino County such as Muscoy, Mentone, Oak Glen, Devore, Arrowhead Suburban Farms, Devore Heights, and Del Rosa.  Per the City Clerk of Loma Linda, there is no yard sale ordinance in the City of Loma Linda as of 10/17/2012.  Note also that homeowners associations (HOAs) probably have additional restrictions (particularly East Highlands Ranch) which you should look into.

City/Unincorporated Permit Required Permit Cost Where? Duration
Colton Yes $2, except charity, nonprofit, religious Finance Department 3 d, 8am-8pm
Grand Terrace Yes (Except Exemptions) $5 Finance Department 3 d, 8am-8pm
Highland Yes $7 Finance Department 3 d, 8am-8pm
Loma Linda N/A N/A N/A N/A
Redlands Yes $2.50 Treasurer 3 d or 2d each over consecutive weekends; 8 am-8pm
Rialto Yes (Except Exemptions) $5.40 Finance Department 3d, daylight
San Bernardino No (anomoly regarding Estate Sales) N/A N/A 3d, daylight
Yucaipa After 1st sale $2.50 (sales 2-4) Front Desk, City Hall 3d, 8am-8 pm
Unincorporated San Bernardino County No (See SBCC section 84.25.030(e) unless exceed standards of 84.10. N/A N/A 3d, 8am-5 pm
City/Unincorporated Frequency Display Signage Exemptions Ordinance Codified At Violation
Colton 1/quarter Not in PROW During, onsite Court sales Ord 1483 (1975); 0-3-1989 (1989) Colton Municipal Code Chapter 5.45 Misdemeanor
Grand Terrace 2/yr Not in PROW 2 onsite, unlit, 4ft area, 5 day limit, not on PROW, trees, fences, utility poles, removed at end Court sales, charitable, nonprofit, religious Ord 35 (1980) Grand Terrace Municipal Code Chapter 5.40 Infraction
Highland 3/12 mo Safety 1 onsite doublesided, 6 ft area, 5′ tall, 24 hours before until end. Court sales Ord 239 (1998) Highland Municipal Code section 5.04.370 Infraction
Loma Linda N/A N/A N/A N/A None N/A N/A
Redlands 3/12 mo Not in PROW, safety, only during sale Court sales Prior Code secs 24001-10; Ord 2684 (2007), 2779 (2012), Redlands Municipal Code Chapter 5.68 Infraction
Rialto 4/calendar yr only first weekend in March, June, September and December Not in PROW, front or side yards 2 onsite, 4ft area, 4directional signs, prohibited in PROW, >864 sq in., with permission of property owner. Nonprofits, Ord 1416 (2008) Rialto Municipal Code Chapter 5.69 Infraction; misdemeanor for <3/yr
San Bernardino 12/yr only on 3rd weekend of mo Not in PROW, safety, only during sale 3 onsite unlit 24 hr prior until end; 4 Directional 2 sq ft  on private property w/consent Estate sales as to frequency nonprofits as to frequency Ord MC-1344 (2011) San Bernardino Municipal Code Chapter 8.14 Infraction/misdemanor (woblette)
Yucaipa 4/12 mo Not in PROW 1 onsite, not in PROW Court sales Ord 102 (1992) Yucaipa Municipal Code Chapter 5.22 Infraction
Unincorporated San Bernardino County 4/yr Not in PROW 2 onsite, 4ft area, 4 directional signs, prohibited in PROW, 864 sq in., w/permission of property owner. None Ord. 411 (2007) San Bernardino County Code  Chapter 84.10 Infraction; misdemeanor for >3/yr

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog.  You should consult an attorney for advice regarding your individual situation. BE SURE TO CHECK WITH THE INVOLVED CITIES FOR CURRENT LAW AND FEES.

A: 300 E. State St. Suite 517

     Redlands CA 92373-5235
T: (909) 708-6055

Friday Aside: A History of In-N-Out Burger in San Bernardino and environs

By Michael Reiter, Attorney at Law

I’ve written about In-N-Out Burger a few times, particularly in relation to trade dress.  Someone reached my blog by asking “when did in n out open first in san bernardino ca.”  If the searcher was seeking when the Fifth Street location  (795 W. Fifth Street, San Bernardino) was built, that location was built in 2011, and opened at the end of 2011 (December 8, 2011).  It replaced the Second Street location (the address was technically 190 Bungalow Court), which closed on December 7, 2011.  The Second Street location was demolished after the State of California took possession on January 1, 2012.  The State of California acquired the parcel through eminent domain for the Interstate 215 widening project.  See Resolution CDC/2011-50 of the Community Development Commission of the City of San Bernardino.

The Bungalow Court location was there as long as I can remember,  and consisted of a double drive through and no inside eating area.  The location in south San Bernardino,was moved slightly to the north to 1065 E. Harriman Place during the creation of the HUB Project.  There was an Owner Participation Agreement between In-N-Out and the Redevelopment Agency of the City of San Bernardino, acknowledged by Resolution 2001-317, approved by Mayor Valles on October 3, 2001. The old In-N-Out in North Loma Linda was also a double drive through.  According to a letter dated January 23, 1997 from then-attorney (and now Judge) Cynthia Ludvigsen, the old In-N-Out was on the northwest corner of Rosewood Drive  and Tippecanoe.  The Highland store  (28009 Greenspot Road, Highland, CA 92346) opened in 2012.
So, when did In-N-Out Burger open in San Bernardino?  The area near Central City Mall was redeveloped in the 1970s.  The Redevelopment Agency of the City of San Bernardino put out a photo survey of the downtown area before redevelopment, and if I recall correctly, the area on 2nd Street had houses in the early 1970s.

The In-N-Out website’s history section gives clues, but no answers.  Obviously, the first one opened in 1948 in Baldwin Park, the same year that McDonald’s converted to a quick serve restaurant from a barbecue restaurant in San Bernardino.  By 1958, there were five locations in the San Gabriel Valley.  By 1973, In-N-Out had 13 locations, all in Los Angeles County, and all with two drive through lanes and no inside eating. In 1979, the first In-N-Out with a dining room opened in Ontario as restaurant number 21.  The website adds that only 13 more no dining room locations were built after that.  By 1988, In-N-Out had 50 stores in total, and in each of the core Southern California counties: Los Angeles, Orange, Riverside, San Bernardino and Ventura.I have In-N-Out Santa glasses from 1982 that I know we bought from the 190 Bungalow Court location, so that probably means that the original downtown San Bernardino In-N-Out Burger was built between 1973 and 1982. [Update: October 17, 2012.  I couldn’t stand it any longer.  According to In-N-Out’s customer service line, the store was opened in on February 11, 1982].

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog.  You should consult an attorney for advice regarding your individual situation.

Copyright 2012 Michael Reiter, Attorney at Law

Michael Reiter, Attorney at Law

A: 300 E. State St. Suite 517

     Redlands CA 92373-5235

T: (909) 708-6055

E: michael@michaelreiterlaw.com

W: http://michaelreiterlaw.com

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