HomeMy Public PortalAboutCC Agenda 06.12.1995AGENDA
BEAUMONT CITY COUNCIL MEETING
HELD JUNE 12, 1995
CALL TO ORDER: PLACE: CITY COUNCIL CHAMBER
ROLL CALL: TIME: 6:00 P.M.
INVOCATION: Councilmember Berg
PLEDGE OF ALLEGIANCE: Councilmember Berg
ADJUSTMENTS TO THE AGENDA:
ORAL/WRITTEN COMMUNICATIONS: Anyone wishing to address the City
Council on any matter not on the agenda of this meeting may do so
now. The Oral Communications portion of the agenda is to hear
public comment. If any question or concern arises related to any
issue not on the agenda, it will be referred to staff for
appropriate response. Anyone wishing to speak on an item on the
agenda may do so at the time the Council considers that item.
All persons wishing to speak should fill out a "Request to Speak
Form" and give it to the Deputy City Clerk at the beginning of
the meeting. The forms are available on the railing at the front
of the Council Chambers, and on the table at the back.
A request from Mr. Robert Istik of 1426 Canyon Pine Road to
discuss possible limitation on accessary structures in the R-SF
(Residential Single -Family) zone.
1. CONSENT CALENDAR:
Motion to approve Consent Calendar items by one motion.
a. minutes of the regular City Council meeting held may 22,
1995. (Cm)
b. Approval of warrant list and payroll for June 12, 1995.
(FIN)
C. Summary of Planning Commission meeting held June 6, 1995.
(PLNG)
d. Rejection of David Van Buren's claim in accordance with
Government Code Section 913. (Cm)
e. Rejection of Donald martin's claim in accordance with
Government Code Section 913. (CIS)
f. Approval of Final map No. 28017-1, Loma Linda University
(CHP Facility). (ECDEV)
ACTION ITEMS:
2. Request for Authorization to Proceed with Demolition of a
Substandard Structure at 860 Wellwood Avenue. (B1DG)
Recommendation: City Council authorize demolition of the
structure to abate the nuisance in accordance with Sections
Ag,f da - City Council meeting '12/95
104 and 2103 of the Uniform Building Code, State Health and
Safety Code Section 17920.3, and Uniform Fire Code Sections
11.601, 11.602, and 11.603, with the costs of demolition to be
assessed to the subject property.
3. Request for Authorization to Proceed with Demolition of a
Substandard Structure at 980 East Sixth Street. (BLDG)
Recommendation: City Council authorize demolition of the
structure to abate the nuisance in accordance with Sections
104 and 203 of the Uniform Building Code, State Health and
Safety Code Section 17920.3, and Uniform Fire Code Sections
11.601, 11.602, and 11.603, with the costs of demolition to be
assessed to the subject property.
4. Appointment of Planning Commissioner to fill unexpired term of
Harry Kirkland. Said term to expire December, 1996. (PLNG)
Recommendation: Council action, see attached resumes.
5. Request for Authorization to enter into Agreement with Pyro-
Spectaculars to provide Fourth of July Fireworks Show. (PLNG)
Recommendation: Approval of Agreement.
S. Extension of Time for Tentative Tract map No. 22524 (87-
TM-5), Devcorp. (PLNG)
Recommendation: Approval of a one (1) year extension of time
for Tentative Tract No. 22524 retroactive to April 10, 1995.
PUBLIC HEARINGS:
7. Second reading and approval of Ordinance 752 Authorizing the
Levy of a Special Tax within Improvement Area No. 13 of
Community Facilities District 93-1. (ECDEU)
Recommendation: Adoption of Ordinance No. 752 with second
reading and publish same.
B. Amend the Bed Tax to 10%.
9.
a. Consideration and action to adopt Resolution 1995-26,
amending Section 3.28.030 of the Beaumont municipal Code
by setting the Transient Occupancy Tax at ten percent
(10%). (FIN)
Recommendation: Adoption of Resolution No. 1995-26 amending
the Bed Tax to 10%.
Annual Budget.
a. Consideration and Action to approve Preliminary Budget.
(FIN)
Recommendation: Approval of preliminary budget and setting
June 26, 1995 as the date for approval of a final budget, or,
Ager - City Council meeting 6; '2/95
continue preliminary budget until June 26, 1995.
CLOSED SESSION:
10. Regarding the appointment, employment, evaluation of
performance, discipline or dismissal of a public employee
(Section 54957 Government Code). (Cm)
ADJOURNMENT:
GERINA REY
224 WEST 11TH STREET
BEAUMONT, CA 92223
(909) 845 5458
June 12, 1995
Beaumont City Council
Civic Center Building
550 East 6th Street
Beaumont, CA 92223
Gentlemen:
I have been a resident of the City of Beaumont since March 1,
1992. During that time, I have been harrassed, oppressed and
inconvenienced by feral cats.
I have also suffered considerable financial distress because
of these animals, and the lack of adequate Animal Control
services in the City of Beaumont.
During the last two weeks, feral mother cats have dropped a
total of seven kittens on me. I fed and housed these kittens
until I could transport them to the S.P.C.A. in Banning. They
graciously accepted them --even though they were from Beaumont.
These same mother cats, aided by their male counterparts are
busy manufacturing the next batch. of kittens. In less than
65 days, I may be dealing with the same situation.
Feral cats have invaded my storeroom, destroyed all the
windowblinds, and much of my artwork. However, the greatest
loss, both emotional and financial occurred on Saturday, June
10, 1995. A feral mother cat crashed through a screen in my
living room and one of my pet birds disappeared. I prefer to
think he flew away, rather than that he was devoured.
Cats are not the only problem. It may come as a surprise to
you that some Beaumont Dog owners free their dogs during the
night and early morning hours. These may be licensed, or
unlicensed. They form marauding groups that literally terrorize
other pet owners and the feral cats. This may be one reason
that the mother cats move their kittens into my yard, which
is walled and fenced.
All of my dealings with Animal Control in The City of Beaumont
have been frustrating. I was placed on a list for a cat trap.
I stayed there for more than two years. It took two more calls
to obtain the trap. When it was delivered to me, it was
antiquated and filthy. I was then told that I could have
Beaumont City Council
Page 2
June 12, 1995
the trap for five business days, but that I could trap only
two animals, since the city had facilities for just two animals
at a time. I was dealing with eight feral adult cats. I elected
to seek help outside of Beaumont.
At Cherry Valley Feed, they rent an upscale version of a trap
for a $10 deposit and $1 a day. My research indicates that
animals captured in these traps are either transported south
of Hiway 10 and abandoned, or taken to the S.P.C.A. in Banning!
Gentlemen, I urge you to remedy this situation before a more
affluent person than I files suit against you. Feral cats,
in defense of their babies will attack a toddler. Dogs running
free will bite or maul children on their way to school. In
such cases The City of Beaumont would certainly be found
culpable. Can you risk this?
Very truly yours,
GERINA REY (Ms.)
June 3, 1995
Dear Honorable Mayor, Members of the City Counsel, Planning Commission Members
and City Manager:
We, the undersigned property owners on Canyon Pine Road, do hereby declare that we are in
opposition to the 600 square foot garage located on the rear and on the side of the lot on 1428
Canyon Pine Road.
We feel that any additional structure constructed on this lot will detract from the peace, tranquility
and quality of life within this community.
Sincerely,
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(909) 769-7126
MAY 3 01995
City of Beaumont
E. Sixth
StreetBeaumont,
�047"'Iff550
CA
92223
Attention:
Jan Leja
Mayor
Regarding:
New Construction at
1428 Canyon
Pine Road
Dear 'Mayor Leja and Members of the Beaumont City Council,
As neighbors directly affected by the proposed construction, we
feel a need to write you at this time. The proposed work, according
to City Engineer Deepak Moorjani, who we spoke to on May 22, 1995,
includes a 30 foot long garage located 5 feet from the side property
line and 9 feet from the rear property line. "bile this may meet
the City's minimum code requirements, and we are verifying this,
we also recognize that the City can make descretionary land use
decisions and ask for more than, say, minimum side and rear yard
setbacks.*
In our opinon, and we have not spoken to other neighbors yet, the
proposed work affects the area in the following manner:
1) The 30 feet long (standard is 20 feet) by 20 feet wide
garage (600 square feet) would be located 20 feet from
the living room of our 1200 square foot house. Our three
year old. house would literally be dwarf ted by this garage.
The house at 1428 Canyon Pine Road leas an existing two
car garage as do all the houses in our tract (W.D.R.
Development). Our viewshed of the mountains would be
blocked by a massive 20 feet high by 30 feet long solid
wall providing a stark, massive, over whelming appearance.
2) The proposed 5 feet sideyard and rearyard setback could
be increased substantially due to the triangular shape of
the lot, located on a knuckle.
3) Although use is generally not a land use consideration,
in this case:
a) the existing two car garage has not been used for
cars or trucks yet.
b) the owner repairs both his and "other's vehicles at
the residence, a somewhat questionable use in a
residential zone due to noise.
c) the owner is a heavy equipment operator, and we
are apprehensive of heavy equipment repair in this
30 foot long garage-
?age 2
4) With a drive way to the proposed garage, the front yard
area would be almost entirely concrete, providing an
industrial area appearance out of character with the
surrounding residences. The surrounding homes have a
traditional landscaped front yard area with one driveway.
5) The garage as proposed will generally have a negative
effect on the peace, comfort, and tranquility of this
residential neighborhood.
6) When viewed from both our home and Palm Avenue the 600
square foot structure would provide a mass and scale
which would not be within a human scale, and would dominate
the lot and view from Palm Avenue. No other structure
along Palm Avenue provides this look, and since Palm is a
4 lane divided highway, with substantial landscaping, the
look and feel of the street scale would be irrevocably altered.
Garages are normally 20 foot long by 20 foot wide.
From a resident's standpoint, whatever process the City has which
would permit such a structure (the footing has been dug and permits
may have been issued; but this is unclear as of this writing)
is a process that does not apparently work. We have spoken with
the City Engineer and briefly in the City Hall with '.Mayor Leja.
Beaumont is the city we chose due to its charm, but it appears
that look is a fragile one unless protected by the City Council,
Planning Commission, and. City Staff.
We fell strongly that this is a quality of life issue, and request
a written response from the City, on its letterhead, documenting
its decision. We await .your response.
Robert Istik Denise Truax
May 30, 1995 May 30, 1995
cc: Deepak Moorjani, City Engineer
Ernest A. Egger, Planning Director
Kent Hall, Building Inspector
Fri- SnAr,H , City Manager
June 3, 1995
Mayor Jan Leja
550 E. 6th St
Beaumont, CA 92223
Honorable Mayor:
I am writing to protest construction without a building permit at 1428 Canyon Pine Road.
Inasmuch as little or no documentation has been submitted to the City for review prior to
a permit being issued, I and my neighbors have no idea of the character of the structure.
From what we can see so far, this is a major alteration of the property, with potential
impact on viewsheds and property values. The extent and location of the foundation, the
quantity of excavated soil, and the owner's occupation, lead us to believe that this new
structure will be used for commercial purposes.
I respect a homeowner's right to alter their property within the law and the Codes. I want
you to know that I strongly object to the commencement of construction without first
submitting complete plans and elevations for review in order to obtain a permit. If it is
the law of the City that a permit must be posted in a manner visible from the street prior to
construction, then I demand that all construction stop and the cleanliness and presentation
of the area be restored to Code and the Development agreement until such time as
complete plans are reviewed by the City and a permit is issued. In this case, due to the
owner's lack of conformance to due process, I also ask the City to intervene in the review
process in a manner that will allow all affected neighbors to have the reasonable
opportunity to review all public documents relating to this construction.
My preference is that this garage not be approved for construction. However, if I can be
assured that a modified structure will have no impact on my or my neighbors property
value, that the structure and the uses therein will be consistent with the zoning of the
property, and that the construction will be architecturally consistent in EVERY WAY with
the architecture of the existing houses, then I can only defer to the owner's right to alter
his property. I will expect and will verify that the City enforce all its Codes with due
diligence. I expect to see a posted building permit before ANY additional construction,
except restoration of the original condition.
Sincerely,
Timothy . Trewyn Melanie J. Trewyn
1424 Canyon Pine Road
cc: Pat Smith, Acting City Manager
Deepak Moorjani, City Engineer
Ernest A. Egger, Planning Director
Kent Hall, Building Inspector
From the Office of:
City of JBEaumont
550 East Sixth Street
P.O. Box 158 909-845-1171
Beaumont, CA 92223-0158 FAX 845-8483
AFFIDAVIT OF POSTING
CITY OF BEAUMIONT, CALIFORNIA
I, Alan Kapanicas, Acting Secretary of the City of Beaumont,
California, certify that on or before 5:00 p.m., Thursday, June 8,
1995, more than 72 hours in advance of the meeting, I posted a
full and complete copy of the agenda for a regular Beaumont City
Council meeting to be held Monday, June 12, 1995, on the bulletin
Board immediately adjacent to the City Council Chambers.
I further declare that, on or before June 8, 1995, the agenda
was posted at the following locations:
Beaumont -Cherry Valley Water District
Chamber of Commerce
Beaumont District Library
Copies of the agenda were made available to the public in Room
Nos. 9 and 12.
I declare under penalty of perjury that the foregoing statements
are true and correct.
Dated at Beaumont, California this 8th day of June, 1995.
LAN KA ICAS Acting ecretary