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HomeMy Public PortalAbout1980BEAUMONT CITY COUNCIL MINUTES OF JANUARY 14, 1980 The, Beaumont City Council met in a Regular Meeting at 7;30 p.m. in the City Council Chambers.at ;tie Beaumont Civic Center, Monday January 14, 1980 with Mayor DeForge presiding; Pledge of Allegiance to the Flag was lead by Mayor DeForge. Invocation by Councilman Martin. On Roll Call the following Councilmen were present: Mayor DeForge, Councilmen Shaw, Peterson, Martin and Hammel. A -3. Minutes of t1m Regular Council Meeting,December 19, 1979. There being no omissions or additions the Minutes of the December 19, 1979 meeting stand approved as published. A -3 B. Minutes of the Special Council Meeting, December 26, 1979. There being no omissions or additions the Minutes of the December 26, 1979 meeting stand approved as published. A -4. Minutes of the Regular Planning Commission Meeting of January 10, 1980. There being no additions or omissions the Minutes of the January 10, 1980, Planning Commission stand approved as published. A -5 A. On Motion by Councilman Shaw, Seconded by Councilman Peterson the City Council of the City of Beaumont hereby authorize the payment of the bills as audited per Warrant list dated January 14, 1980 in the amount of $65,026.71. AYES: Mayor DeForge, Councilman Shaw, Peterson, Hammel and Martin. NOES: NONE. ABS: NONE. A -5 B. On MOtion by Councilman Shaw, Seconded by Councilman Peterson the City Council of the City of Beaumont hereby authorizes the payroll of December 28, 1979 and January 11, 1980 in the combined amount of $34,545.70. AYES:. Mayor DeForge, Councilman Shaw, PEterson, Hammel and Martin. NOES: NONE. ABS: NONE. A -6. Resolution 1980 -1 deleted from this agenda. A -7. Resolution 1980 -2- Authorizing certain of the Council to file a written � argument regarding a City measure to apportion the existing six cents Of sales and use tax so that two cents rather than one cent be allocated to be utilized by cities, counties and special districts. The Resolution 1980 -2 was read by title only by the Deputy City Clerk per the request of the Mayor. On Motion by Councilman Shaw, Seconded by Council- man Peterson, the City Council of the City of Beaumont approves and adopts Resolution 1980 -2. AYES: Mayor DeForge, Councilman Shaw, Peterson, Hammel and Martin. NOES: NONE. ABS: NONE. A -8. Resolution 1980 -3/� Endorsing and Supporting California Crime Watch and the Attorney General's Plan to restore Public Safety in the 1980's. vti Resolution 1980- 3i�was read by title only by the Deputy City Clerk per the request of the Mayor. On Motion by Councilman Peterson, Seconded by Councilman Shaw, the City Council of the City of Beaumont approves and adopts Resolution 1980 -3. Continued: AYES: Mayor DeForge, NOES: NONE. ABS: NONE. Councilman Shaw,.Petetsoni Hammel and Martin. A -9. Request of Beaumont Chamber of Commerce for their quarterly allocation and submission of the Budget, year ending December 31, 1979. D On Motion by Councilman Shaw, Seconded by Councilman Hammel the City 3 Council of the City of Beaumont authorizes the payment of $2,000.00 quarterly allocation to the Beaumont Chamber of Commerce. AYES: Mayor DeForge, Councilman Shaw, Peterson, Hammel, and Martin. NOES: NONE. ABS: NONE. A -10. Conflict in Representation. City Attorney Henderson informing the City of a conflict in representation in the matter of sewer facility 1 charge. _ 0 Attorneye Henderson was directed by Mayor DeForge to explain to the Council the conflict. On Motion by Councilman Shaw, Seconded by Mayor DeForg.:, the City Council of the City of Beaumont approved the recommendation to contact Mr. Donald Wickham, Attorney at Law, 133 North Beuna Vista, Hemet, California, to take the matter of the sewer facility charge fee under consideration. AYES: Mayor DeForge, Councilman Shaw, Peterson, Hammel and Martin. NOES: NONE. ABS: NONE. A -11 Ordinance No. 511, an Ordinance for the destruction of records, general correspondence from 1963 -1974. Ordinance No. 511 was read in its entirety by the Deputy City Clerk per the request of Mayor DeForge. On Motion by Councilman Peterson, Seconded by Councilman Martin, the City Council of the City of Beau - 1 mont approved Ordinance No. 511 for its first reading. AYES: Mayor DeForge, Councilman Shaw, Peterson, Hammel and Martin. NOES: NONE. ABS: NONE. A -12 Ordinance No. 512, an Ordinance providing for enforecement of Off - Street parking facilities for the exclusive use of handicapped persons. Ordinance No. 512 was read by Mayor DeForge in its entirety. On Motion 0� by Councilman Shaw, Seconded by Councilman PEterson, the City Council of the City of Beaumont approved and passed its first reading. AYES: Mayor DeForge, Councilman Shaw, Peterson, Hammel and Martin. NOES: NONE. ABS: NONE. A -13 Public Hearing: Assessment of costs for undergrounding electrical services to 602 Allegheny . The Public Hearing was opened at 8:30 p.m. Mayor DeForge read a letter from former City Manager M. McClellan on the undergrounding electrical p service to 602 Allegheny. A staff report was also included from R. Cathcart. No comments were heard from the floor. Attorney Henderson noted the parcel number of the property, 419 - 150 -012 for the record. On Motion by Councilman Peterson, Seconded by Mayor DeForge the City Council of the City of Beaumont the Public Hearing was closed. AYES: Mayor DeForge, Councilman Shaw, Peterson, Hammel and Martin. NOES: NONE. ABS: NONE. A -14 Street Lighting Conversion Service Agreement. p2j Acting City Manager S. Watkins gave a report of the lumen size sodium vapor comparison to that of the mercury vapor lights. Recommendation from the Acting City Manager was for the City to use 16,000 Sodium vapor .ge 3 J anu ::ry 1;�, 1950 -14 Continued. ' lights, at a reduced rate per month to the City of Beaumont. On Motion ' by Councilman Peterson, Seconded by Councilman Shaw to have a representative from Southern California Edison come to the Study session January 21, 1980 'r and explain the amount of light from the sodium vapor as compared to the mercury vapor lighting. Mayor Deforge also asked that Chief of Police, Steve Fitch be present at that Study Session. AYES: Mayor DeForge, Councilman Shaw, Peterson, Hammel, and Martin. NOES: NONE, ABS; NONE, COMMUNICATIONS: 1. Ron Cathcart letter re: Sewer Connection Fee, refund. This matter will be turned over to Mr Don Wickham, Attorney at Law, for advise- ment on the matter. 1B. J. W. Taylor letter re: Sewer Connection Fee, refund. This matter will be turned over to Mr. Don Wickham, Attorney At Law, for advise- ment on the matter. 2. Mayor DeForge read a letter to the County Board of Supervisors re: City of Beaumont objections to the reapportioning of the Third District to the Fifth District. The letter was signed by all Councilmembers. Geroge Valencia of the Beaumont Chamber of Commerce will be hand - caring it to the Supervisors meeting January 15, 1980. 3. Ordinance No. 513. An Interim Urgency Zoning Ordinance of the City of Beaumont, California, Enacted pursuant to Said City's Police Power and Section 65858 of the California Government Code, Pertaining to the City's Zoning Ordinance General Plan Submittal and Processing of Land Use applications. Ordinance No. 513 was read in its entirity by Mayor DeForge and Acting City - Manager. On Motion by Councilman Peterson, Seconded by Councilman Martin, the City Council of the City of Beaumont Approve and adpots this Interim Urgency Ordinance No. 513. AYES: Mayor DeForge, Councilman Shaw, Peterson, Martin and Hammel. NOES: NONE. ABS: NONE. There being no further business to come fefore t1e Council, the meeting was adjourned at 9:10 p.m. The Date set for the next Study Session is Monday January 21, at 6:15 p.m. in the City Manager's office chambers. The Date set for the next Regular Council Meeting is Monday, January 21, 1980 at 7:30 p.m. in the Beaumont City Council Chambers. r. r- M BEAUMONT CITY COUNCIL MLNUPS OF' JANUARY 21, 1980 The Beaumont City Council met in a Regular Meeting at 7:30 p.m. in the City Council Chambers at the Beaumont Civic Center, Monday January 21, 1980 with Mayor DeForge presiding. Pledge,of Allegiance to the Flag was lead by Councilman Hammel. Invocation by Mayor DeForge On Roll Call the following Councilmen were present: Mayor DeForge, Councilman Hammel, Shaw, Peterson and Martin. A -4 Minutes of the Regular Council Meeting January 14, 1980. There being no omissions or additions the Minutes of the January 14, 1980 meeting stand approved as published. A -5 On Motion by Councilman Shaw, Seconded by Councilman Peterson the City Council of the City of Beaumont hereby - authorize the payment of the bills as audited' per Warrant list dated January 21, 1980 in the amount of $8,083.651 AYES: Mayor Deforge, Councilman Shaw, Peterson, Hammel and Martin. NOES: NONE. ABS: NONE. A -6 Ordinance No. 511, an Ordinance for the destruction of records, general correspondence from 1963 -1974 Second Reading. Ordinance No. 511 was read by title only by the Deputy City Clerk, per the request of Mayor DeForge. On Motion by Councilman Peterson, Seconded by `f Councilman Shaw, the City Council of the City of Beaumont approved and passed Ordinance No. 511 Second reading and be adopted. AYES: Mayor DeForge, Councilman Shaw, Peterson, Hammel and Martin. NOES: NONE. ABS: NONE. A -7 Ordinance No. 512, and Ordinance providing for enforcement of Off- Street parking facilities for the exclusive use of handicapped persons. On Motion by Attorney Henderson tilts Ordinance No. 512 be tabled till the next meeting February 11, 1980, for revision. A -8 Resolution 1980 -1 Calling and giving notice of General Municipal Election April 8, 1980, Electing certain Officers of Said City. And the measure of Reapportioning the Sales and Use Tax allocated to Cities and Counties. Resolution 1980 -1 was read by title only by the Deputy City Clerk per the request of the Mayor. On Motion by Councilman Shaw, Seconded by Councilman Martin, the City Council of the City of Beaumont approves and adopts Resolu- tion 1980 -1. AYES: Flayor DeForge, Councilman Shaw, Peterson, Hammel and Martin. NOES: NONE. ABS: NONE. A -9 Southern California Edison, Franchise and Surety Bond. The new Surity and Lumas size of the new lighting were discussed. A -10 A letter from Wayne Duncan, Acting Street Superintendent, regarding the striping of Beaumont Ave. Having the County stripe 6th. st. at the same time. Saving `Zpo3 a trip charge. A Motion by Councilman Peterson, Seconded by Councilman Hammel, to have the County be contacted, Reg'dir the striping of the two streets. AYES: Mayor DeForge, Councilman Shaw, Peterson, Hammel and Martin. NOES: NONE. ABS: NONE. Page 2 January 21, 1980 COMMUNICATIONS: 1. Discussion Re: Ordinance No..513 Motion by Mayor Deforge and recomendation of City Attorney R. Henderson, The matter or Ordinance No. 513 be continued to Wednesday January 23, 1980 5:30 P.M. 2. Mr. Tavagl.ione, request of expli.nation portions of Ordinance No. 513 Mayor DeForge, recomended this matter also be adj urned till the meeting of Wednesday January 23, 1980. 3. Insurance proposals accepted, From Bill Gevedon Insurance of Beaumont and W.F. Roberge, Inc. of Banning The acceptance of the bids and approvals will be discussed at the adjurned meeting Wednesday January 23, 1980 There being no further business to come before the Council, the meeting was adjourned at 8:39 p.m. The meeting to be continued at 5 :30 Wednesday January 23, 1980 0 f, BEAUMONT CITY .COUNGIL. MINUTES OF JANUARY 23, 1980 • (Adjourned Meeting of January 21, 1980) The Beaumont City Council met in an Adjourned Meeting January 23, 1980, at 5:30 P.M. in the City Council Chambers at the Beaumont Civic Center, Wednesday January 23, 1980 with Mayor DeForge presiding. Pledge of Allegiance to the Flag was lead by Councilman Carl Peterson. Invocation by Councilman Jack Martin. On Roll Call the following Councilmen were present: Mayor DeForge, Councilman Hammel, Shaw Peterson and Martin. COMMUNICATIONS: A. Insurance bids ;mom Bill Gevedon Ins. and W.F. Roberge Ins. were submitted. ` On recommendation by Acting City Manager S. Watkins, the City of Beuamont accept the bid from Roberge Ins. For General Liability for the year 1980 -81. On Motion by Councilman Hammel Seconded by Mayor DeForge the City Councial of the City of Beaumont hereby award the General Liability Insurance Coverage to W.F. Roberge Insurance for the year 1980 -81. AYES: Mayor DeForge, Councilman Hammel, Shaw Peterson and Martin. NOES: NONE, ABS: NONE. B. Ordinance No. 513, Possible provisions for pending development's. Upon the full consideration by the Council of comments from the audience and Councilmen, Attorney Robert Henderson drafed and read Ordinance No. 514. On Motion by Councilman Shaw, Seconded by Councilman Peterson the City Council of the City of Beaumont hereby adopts Ordance No. 514. AYES: Mayor DeForge, Councilman Hammel, Shaw, Peterson and Martin. NOES: NONE. ABS: NOEN. C. A letter from the United Cerebral Palsy Asso. Re: No Fee Permit to Solicit Goods by Telephone. The Letter was read by the Deputy City Clerk, by direction of Mayor DeForge. 1® On Motion by Councilman Shaw, Seconded by Councilman Peterson the City Council of the City of Beaumont grant a No Fee Permit to the Cerebral Palsy Asso, for Solicit- by Telephone. AYES: Mayor DeForge, ,-Councilman Hammel, Shaw, Peterson and Martin. NOES: NONE. ABS: NONE. D. Acting City Manager S. Watkins requested a letter be sent to the Riverside County Development. For permission of a loan of the sixth year C.D.B.G. discretionary Vol money. To be used for up dating the General Plan and possible Master Sewer Plan. 03 On Motion by Mayor DeForge, Seconded by Councilman Martin the City Council of the City of Beuamont grant permission to the Acting City Manager to send a letter to the Riverside County Development Office requesting the loan of money, for the use vi of up dating the General Plan and Master Sewer Plan. AYES: Major DeFor -e, Cou- ncil=—n H2-i=,el, Sha,.. Peterson and Martin. NOES: NON . ABS: NONE Mayor DeForge gave pe ,mission to Councilman Peterson to travel to Sacramento, to meet with Assembly,-7 an Leonard, in regards to our Sewer Plant expansion, and obtain i:zi,_ oration r°L:7al•:i:L-, acditional �ir, i,. Ccrnt inued ; Mayor DeForge, appointed Councilman Si-aw and Peterson to review the General Plan. Date set for next Study Session is Monday February 11, 1980 at 6:15 p.m. in the Office of the City Manager. Date set for the next regular City Council Meeting, Monday February 11, 1980 at 7:30 p.m. in the Council Chambers. There being no•fLirther business Mayor DeForge declared the meeting adjourned at 6:25 p.m. Respectfully submitted, Theresa Thomason Deputy City Clerk r, i BEAUMONT CITY•COUNCIL MIIvVl'F,S OF FE:-,�RUARY 11, 1980 The Beatznont City Council met in a Regular Meeting at 7 :30 P.M. in the'City Council Chmabers at the Beaumont Civic Center, Monday February 11, 1980 with Mayor DeForge presiding. 1. .Pledge of Allegiance to the Flag was lead by Councilman Peterson. 2. Invocation by Rev. Cliff Howery, First Southern Faptist Church. 3. On Roll Call the following Councilmen were present: Mayor DeForge, Councilman Hammel, Shaw, Peterson and Martin. 4. Minutes of the Regular Council Meeting of January 21, 1980. There being no omissions or additions the Minutes of the January 21, 1980 meeting stand approved as published. 5. Minutes of the Adjourned Meeting of January 23, 1980. There being no omissions or additions the Minutes of the January 23, 1980 meeting stand approved as published. 6. Minutes of the Regular Planning Commission Meeting January 24, 1980. Minutes of the Regular ,Planning Corunission Meeting January 24, 1980, Stand approved as published. 7. On Motion by Councilman Shaw, Seconded by Councilman Peterson the City Council of the City of Beaumont hereby authorize the payment of the bills as audited per Tarrant List dated February 11, 1980 in the amount of $104.518.02 and Payroll in the amount of $17,208.30,1,/25 /80. and $16,195.67, 2/8/80 AYES: Mayor DeFo?ge, Councilman Shaw, Peterson, Hammel and Martin. NOES: NONE. ABS: NONE. 8. Resolution 1980 -3, 'Setting the Polling Places and Election Officers ,for the April 8th. Election. Resolution No. 1980 -3 was read by title only by the Deputy City Clerk per the request of the Mayor. On Motion by Councilman Hammel, Seconded by Councilman Shaw, the City Council of the City of Beaumont approves and adopts Resolution 1980 -3. AYES: Mayor DeForge, Councilman Hammel, Shaw, Peterson and Martin NOES: NONE. ABS: NONE. 9. Resolution 1980 -4 Giving Notice of proposed Annexation No. 21 & 23 of said City and setting date for Hearing of Protests thereof. qti On Motion by Councilmen Shaw, Seconded by Councilman Peterson that the date for the public hearing on the annexation 21 & 23 be sbt for March 24, 1980 at 7:30 p.m. AYES: Mayor DeForge, Councilman Hammel, Shaw, Peterson and Martin. NOES: NONE. i ABS: NONE. 10. Resolution No. 1980 -5, Approving the Annexation to the City hereinafter descri and desigated as City of Beau;�ent Annexation #20. ll�.a v A Item i0. r—N On Motion by Councilman Peterson, Set onded~by Councilman Shaw, the City Council of the City of Beaumont' approves and 'adopts Resolution No. 1980 -5 AYES: Mayor DeForge, Councilman Hammel, Shaw, Peterson and Martin. NOES: NONE. ABS: NONE. 11. Ordinance No. 512, an Ordinance-providing for enforcement of Off - Street Parking facilities for the exclusive use of h rdicapped persons. On Motion by Councilman Shaw, Seconded by Councilman Peterson, the City Council Z of the City of Beaumont approves and passes Ordinance No. 512 to it' -s second reading, as modified. AYES: Mayor DeForge, Councilman Fa=. el, Shaw, Peterson and Martin. NOES: NONE. ABS: NONE. 12. Paul Turner and Bernie Fagot, requesting approval of Subdivision 1, Tenative ire Nap #15621 Mr. Turner, requested this item re=moved from the calendar. 13. Reappointment consideration of Yzh. Ed Gaines for member of Plar'n;ngT.Commission. On Motion by Councilman Peterson, Seconded by Councilman Martin., the -City Counci of the City of Beaumont, reappoint Mr. Ed Gaines to the Planning Commission. AYES: Mayor DeForge, Councilman Hammel, Shaw, Peterson and Martin. NOES: NONE. ABS: NONE. 14. Staff report from Susan Frye, Grants Administrator. Subject selection of Enginee: Consultant for the City of Beaumont for the FAU project. Ori Motion by Councilman Shaw, Seconded by Councilman Peterson, the City Council of the City of Beaumont entertain and review the bids of West Engineering and 03 C.B. Engineering and make a selection at the Meeting of February 25, 1980. AYES: Mayor DeForge, Councilman Hamel, Shaw, Peterson and Martin. NOES: NONE. ABS: NONE. 15. Staff report from Wayne Duncan Acting Supt. of Public Works, subject the purchase of larger gas tanks. The Staff report was read by the Deputy City Clerk, on direction of the Mayor p On Motion by Councilman Martin, Seconded by Councilman Shaw, the City Council of Iti the City of Beaumont, to purchase the 8,000 gallon gas tank plus pumps, from -Dick Davis in the amount of $2,575.00. AYES: Mayor DeForge, Councilman Hammel, Shaw, Peterson and Martin. NOES: NONE. ABS: NONE. 16. Resolution No. 1980 -6, A Resolution making findings of fact and declalling the Office of City Clerk Vacant. The Resolution No. 1980 -6 was read-in it's entirety by the Deputy City Clerk on direction of the Mayor. On Motion by Councilman Martin, Seconded by Mayor DeForge, the City Council of the City of Beaumont approve and adopts Resolution No. 1980 -6.- Mayor DeForge appointed Councilman Shaw as City Clerk Pro- Tempor- ary, Councilman Shaw accepted with out pay. AYES: Mayor DeForge, Councilman Martin and Fia mel. NOES: Councilman Shaw and Peterson. ABS: NONE. COX.r.;JNI CAT ION A. Lucille Jackson, Social Services Cha L="an of the A.A.R.P.'s, read a letter protesting the possibility of the Fire Department returning to the City,. i,b5s. Jackson presented a petition of 250 signatures, who are satisfied with the service .he it is. Lon cc..nC Mayor DeForge and Council, -an ;Martin, reassured Mrs. Jack!., _.0 the Council had not made a concrete proposal, it was only a suggestion. Councilrrnn Martin stated at one point in time, it was the feeling of the people to return the Fire Dept. to the control of the City. B. Merrnrandum from Attorney Robert-Henderson, regarding the alley behind the Tele- phone coumany. The memorandum was read and discussed. On Motion by Councilman Martin, Secondided byCounci] man Hammel, the City Council of the City of Beaumont will meet in a Special Session on February 19, 1980 with Wayne Duncan Street Supt. , a representative from the Telephone Company, Mr. Irish Mitchell, and Doug Fisher, Building Inspector; to discuss the problems in the alley. The Special meeting will be open to the public, in the Council Chambers, February 19, 1980 at 5:00 p.m. C. Item RE: the flood conditions on California Ave. in front of the City's Maintenance yard.. This item was postponed until the next regular City Council Meeting of February 25, 1980. D. Bell and Brubaker, re: property South of 14th St.. Wanting to divide the land Mr. Bell addressed the Council and asked that this matter be postponed until the next regular meeting. The matter will be placed on the next agenda for the Feb. 25, 1980 meeting. E. Cormnnication from the floor. Mr. Bill McCue, PERC Representative for Chief S. Fitch asked to address the Council. Mayor DeForge stated we are not going to argue with you, you may say what you wish. Bill McCue addressed the Council and Mayor, stating that he too was not here to argue with the Council. He is here to represent Police Chief Steve Fitch, pro- testing the unjust, unwarranted and illegal act of firing Police Chief Steve Fitch. Unjust in that Steve Fitch has performed better than satisf actorily as Police Chief for one and one -half years in Beaumont. Unwarranted because his job has given the City a better police department. Illegal because of the actions taken in the terminations of Steve Fitch. In the letter from Acting City Manager Sheron Watkins, she said "at the direction of the City Council you are hereby notified that your employment with the City of Beaumont is terminated 2/21/80." We are asking that you rescind the action on grounds of it being unjust, unwarrant- ed and illegal. Just a few minutes ago I heard the Council set a special meeting to decide about a puddle of water. And you didn't have a meeting on such an important matter as to the termination of the Police Chief of the City of Beaumont. This letter that was sent to Police Chief Fitch by Ms. Watkins, violates his rights under the Bill of Rights of Police Officers, it violates his rights under the present Employees handbook,and it violates his rights under Skelly. In as much as the man was not even told why he was terminated. And not given any opportunity to explain or discuss why he should not be terminated. I an asking the City Council and Mayor, while I don't want to take homage with you, in regards to the statements made in the press stating you are sick and tired of being told the law and we will find out by going to court.: I will tell you Mayor that if you don't rescind, the action on Steve Fitch, you will go to court, I'll guarantee that. I would also like you to know Mayor and Council that this is being recorded. Mayor DeForge stated this is permissable. McCue: The actions you take thisevening, if necessary are being recorded to take into a court of law if necessary, in the action of the termination of the Police Chief. Mayor DeForge thanked Mr. McCue for his letter. Mr. McCue inquired if there was going to be any action taken by the City Council. Mayor DeForge responded that he had already stated that they wound not take action and we will see you in court. That is all. Mrs. Pappette addressed the Council desirous of reading a letter. Stating that she felt the people in the camirdty were grossly misinformed on the City and its Police Dept. She read a letter dated Sept 11, 1978. Subject: Contract Sheriff's Dept. At the request of the Mayor , a meeting was held with Sheriff Ben Clark, McCoy Chief Chance and myself. Stating they would not start a study until a letter had been recieved from the City of Beaumont signed by the Mayor. The letter went on to state that the Sheriff Dept. would absorb all present personnel and would be given six months to meet the standards of the Sheriff's Dept. Respectfully Glenn T. Sparks. Bev Pappetti stated" we were two years too late and the wrong council. A member of the audience asked why was Steve discharged? 1�layor DeForge stated we will see you in court, and will be answered there. =+ ,tivor DeForge (continued) Steve Fitch knows why he is bein5 ter mated, warranted or not, he knows. Mr. McCue addressed the Council with two questions No.- 1: was the termination: of Chief Fitch held in a legal session of Council? No co m-ent from the council. Mr. Martin (councilman) then asked MrMcCuue if he was a representative of PERC, a Senior Representative, and further asked if he was familiar with the Meyers - Millias- Brown Act? It is the expressed opinion of this council that Chief Fitch does not have any representative right under that law, ane we are perfectly will- ing to go to court to see if his rights have in fact been violated, and we believe that any further discussion with PERC who may or may not be legally representing the Chief would be counter - productive. Many of the persons out in the audience; and I see some police officers, are concerned about a possible 407. cut in the police department . I would like to ask you Mr. McCue where that information came from because it was on one of your leaflets. Mr. McCue stated he did not know. I will not deny that we handed out the leaf- let. Councilman Martine That is all I wanted to know. That he did not know where the information cane from that they did print and distribute. Mr. McCue: I wish to clarify that I an familiar with the Meyer- Millias- Brown Act and the Management Association of this city does have a legal contract with this City and Police Chief Fitch is part of that contract and has been a part of the contract for a long time. Mr. Martin. stated that Moue did not know where the information an the leaflet cam -from and that it does cast doubt on his credibility. Mr. McCue asked if Mr. Martin had engaged in discussion with an outside agnecy to farm out the police department. ?. Martin: N0: Mr. Blankenship: stated that it was two years ago that his talk was done and he knows that this council has not engaged in those talks. Council responded with noes. Mr. Hammel: stated: that the Council is here to represent the pople of Beau- mont. That is what I am here for. I don't go for lies, slander, only the truth. And would hope.that the public would come to the Council meeting to hear the truth, and not listen to the rumors on the street. Mr. Martin: stated: there-is not going to be a cut in the Police department. This is a fact. Zane Kelleher:(of Beaumont Poultry Processing) wanted to know if it was true that there were three officers who were being considered for reisgnation by the Council at this time? Martin: That is not true. Shelties: Commenting on the Character of Chief Fitch, I have been on the police reserves for over 7 years, and Chief Fitch is the only chief who has done four persons job. I can see no reason for firing for that. As Mayor and Council I can show you where you guys have done illegal things in this town and not too long ago. If more councilmen would come down there and ride around with the cops, like Fred Shaw does, wyou would see that the guys are doing there job and a good one . Mrs. Miller: stated; she did not think the Councilmen should ride with the policemen for fear for their lives. Jim Schulities: said the lives of the Council and the explorer Police are never risked. They do not carry guns. A waman who did not identify herself commented on the service the police department has provided her at her place of work. Further stating that we do not only need the ones that we have, but we need more men in blue. Mr. Martin: further stated: that the Council has no plans to reduce the force. Ron Miller of the firm Weleb it and Brunick in SanBernardino. I represent PERC and Steve Fitch. We submitted to the City Manager, I believe date of February 8, 1980 requesting certain things be done and if they weren't done to contact us. I have heard the Mayor sake the statement that I will see you in court. My question is - Is there going to be a response to that letter, or should I just assume that you've made up your mind and there will be no further'. ., administrative action. Mayor DeForge: That is correct. We do not choose to reply to the letter. Attny Miller: asked: if all adminstrative renndies were gone? Mayor DeForge: That is correct. Attn'y Miller: Thank you very nn.ich. I knew before... Mayor DeForge: The next step is up to you. Attn'y Miller; I knew before that there was a park in Bogart Park over here in Beaur,=t but I never realized there was a zoo here before tonight. Dave Lewis: Local Businessman in Seatl,,Jnt.: I am not here for the Police Dept. or their support of Steve Fitch, but I an here as a citizen and voter of Beaumont. I just don't understand the attitude of the Councilmen on this matter. Where am I as a voter and citizen of this camimity suppose to get my news? The City is going to have to defend there actions and it is going to cost my money. Mayor: Perhaps. The Record- Gazette is not our lawyer, no matter what they say, it will not hold in court. - Mr. Lewis: As a Citizen, I wonder why Chief Fitch, be he good or bad was fired. I don't think that it is too much to ask of anybody. Mayor: We will find out in court. Several persons in the audience asked in unison why they couldn't know. Mayor: We have told you that it will be answered in court. A woman in the audence inquired if Mr. Fitch was in the audence, further stating that if he didn't want people to know and the Council doesn't want people to know there must be some reason why you don't want us to know. If he wants the public to know then he should come and tell the people why he was fired. Mayor: That would be very simple. Attorney Henderson: For the record I might mention that the letter from Welebur and Brunick dated 2/8/80 representing r1r. Fitch is requesting in that letter a public hearing. And that has just been rejected by the council. Mayor: It was not necessary to advise him of a reason by firing. A person in the audience inquired that the letter to Fitch from the City Manager was written at the direction of the City Council, then there had to be minutes. Are the minutes open to the public? Mayor: No. Only the City Manager can fire the Chief:' We can not. It has to go thru her. The minutes are not public record., not at this time, no. They can be subpoened in court. Mr. Carl Peterson (councilman): If Mr. Steve Fitch wants a public hearing he should have it, regardless of any action taken by the City Council or anyone else. I think he should have it. I would like to hear the Attorney's on that. I'm not sure that we have totally shut off Chief Fitch from that hear - ing and I'm not sure we should do that at this point. I would like to hear the City Attny's opinion on that. Should this be initiated by Cheif Fitch if he wcLnts a public hearing or how should that proceed? Attn'y Henderson: I think we are reaching a parting of the ways here. In regards to the City Manager's ordinance, further in regards to Section ( I Believe) 34856 of the Government Code which provides that the City Manager in essence can promote, demote, dismiss, etc. the Chief of Police. The stance that the Council has taken would appear to be that the Chief of Police can be terminated from employement without cause, without shoring, without merits, so forth. In otherwords, he serves at the will of the City Manager, if I understand the stance that the City Council has taken. The position the PERC has taken is that the Chief is entitled to so ue kind of a hearing, - entitled to same kind of charges, entitled to representation and entitled to a decision an his merits, in regards to his particular case. I believe that is where the employees and the City Council are separated. Basically at the present time in regards to the employees request and Chief Fitch's request for a public hearing, not withstanding the Council's stance as it appears; to be - serving at the will of the City Manager, the City Council even if that position is correct it would be nothing to stop them from holding a public hearing to review the situation if they so desire. Of course a close corollary to that is the City Manager's Ordinance, in regards to the City Manager. The City Manager can be terminted without cause by the City Council,-provided that by that ordinance the City Manager can ask, for a public hearing. But the City Council is not bound to change any determination on that firing in the case of the City Manager, but the City Manager would be entitled to a hearing. The ordinance does not speak to anything regarding the Chief of Police but I think at least if you put it . that context that even though the Council is going to stand with the position that it can terninate without cause and with out merit, there is still to be nothing to stop it from holding a public hearing at the request of the Chief to air these things in front of the public if that is what the Chief desires, and apparently it is. Carl Peterson: I for one feel that we would be remiss if we denied especially a public hearing to anyone who would like to make their grievance public to any employee regardless of whether it would go on to court or not. From that point or not I think a public hearing is very necessary if requested by any employee. Attn'y Henderson: I don't think the Public Employees Association has any choice, I don't think the Chief of Police has any choice. And there is no. doubt in my mind that the matter will proceed through the courts just as far as it needs to go just to get a determination of the issue. I do not see any choice in the matter. Carl Peterson: I would like at this time to move that the City council allow Chief Fitch his public hearing.. I will put that in the form of a motion if that is permissable. I will then move that the Council allow Chief Fitch his public hearing. Fred Sh<nw: I second that r:otiai. Mayor: We have a motion and a second, the roll call please. AYES: Peterson and Shaw. NOES: Hammel, Martin and DeForge. ABS: None. Henderson: The motion for a public hearing -123 '::,e�an denied. Ore 6 Cjiric L _`wiry Mayor DeForge: We are going into the courts with this. Mitch White: Am I correct that you have said that you do not plan to terminate any further officers from the police department? Mayor: Yes, that is correct. Mitch White: And in your executive session you did not imply that there were officers in that department who are unfit and that you plan to terminate them in the near future? Mayor: No. The questions were asked of the gentlemen there. We can not fire .a police officer. We can ask questions that is all. Councilman Martin: We did not ask about three gentlemen. We were given the names of three gentlemen. Now that is the fact. We requested some information. No one implied they were unfit. M. White: I have seen the executive minutes. Martin: That is still untrue, no one implied they were unfit. White: To cl'arif`y for the public, sir. Martin: Just a moment, who are you? Will you identify yourself, are you a police officer? White: Mitchel A. White, sir. Martin: Officer White. We did not imply that anybody was going to be fired. That is not our purpose. Mayor DeForge told you that we can not fire anyone and we did not instruct the Chief to terminate any officers from the Beaumont Police Department. That is simply a fact. No body was authorized to be terminated by Chief Fitch. Officer Hackman: I want to ask a question of the Council and I'll try to make it brief, I know everyone is getting tired and would like to get out of here. Now Terry Thompson I believe is the City Clerk for the Council? • Mayor: Correct. Hackman: When you had this executive session she was present? Mayor: Yes. Hackman; Now was there a canplete minute by minute account? Mayor: There were no tapes. Hackman: No tapes; but did she still get the questions asked of Steve Fitch and his answeres, was it a caTlete list that he got? Mayor: I would say no. That all the questions and answers were not copied down. (Looking at Terry the Mayor asked) Did you copy every`dhang down? Terry Thompson: (answer was not audible.) Mayor: I would say no. The questions that were answered sane were copied down others were inconsequential. Officer Justus: In light of what you said, by denying a public hearing aren't you telling the citizens of Beaumont, kiss off, we don't need you. Mayor: We are saying that we are going to go to court. It will be determined in court. Jim Schulties: This year the Exchange Club nominated Chief Fitch as the Officer of the Year. The only reason he is not going to receive it is because he is a marber of the club. That should tell you something. That he has done a fine job an upstanding job. Jeff Swaney: I'm just wondering, why do you think we came down here toni.te for? Mayor: You wanted sane answers. Swaney: Yes. Another thing you said you are not going to fire anymore officers, well, are you going to have Sheron fire them? Mayor: No. Mr. Bell: I think that some of the questions people are asking. And it is a genuine concern of mdne at least in that we are operating now without a permenant City Manager, building and planning personnel, without a police Chief. Mayor: He is still here. The Cheif is on duty until the 21st. Bell: I do business here, I would like to know what is happenin�, Why. And you say the courts, the courts, this gentleman here stands and says I m confused, I just want a rational explanation of why things are proceeding the way they are in this city. In any case, I think a lot of us want to do business, t o live, here to function here, and it becomes a very difficult situation. I hope that somehow this situation can be cleared up. Without you having to spend more money. We talked about the necessity to upgrade this city, the problems that need to have solutions. Just take paving an alley. This court situation would probably pave five alley's. So I think that what I'm asking is that you spend our money as wisely as possible. Like the hearing, or by just being honest and forthright, why a city manager is fired, why. a police chief is fired, or going to be term- inated. These things could save a lot of time and money and build up prestige and respect for the City. I think that we are lacking a lot of presEige- and respect for the city. ;'avor This could go on all night. At this tiri,e we will be adjourned until the 26th of February at 7:30 p.m. %anu -es of -e Adlotamf --d Meeting of the City Council of the City of Beau=t February 19, 1980 The Special Open Council meeting was opened with Mayor DeForge presiding: Members present: Councilman Shaw, Peterson, Hammel and Martin. Mr. Irish Mitchell presented his information on the use of the alley by General Telephone and Electric and their conformity /non conformity use of the land /alley. Mr. Mitchell showed several pictures of the trucks that have been using the alley. Also noted how many trucks had been in and out of the alley during the week of the 11th of February. Mr.Mitchell stated they are using the building for a supply point. Doug Fisher interjected that the building is a switching house for GTE. Mr. Mitchell further stated that the alley being utilized by GTE has become a danger under the Health and Safety Code. Commenting that the City Council has the power to pass an'Ordinance which would prevent the alley being used and becoming a hazard to the public which uses it. Councilman Peterson felt that all the facts were not here not knowing exactly what the Telephone Company uses the building for. The Telephone Co. will be at the Study Session , February 25, 1980 to discuss the problem. Councilman Martin felt that the summary given by Henderson in his memo to the last Council meeting was not relevant to what is happening in the alley being a hazard. Councilman Peterson.suggested that a registered letter be sent to the GTE advising them of the portion of the Health and Safety Code that was presented. Carl would draft the letter. Further discussion was held as to permits that could be p3 issued in the event that an Ordinance was passed requiring commercial users of the alley to seek a permit. Mayor DeForge stated that the alley between Beaumont Ave and Euclid from 8th to 9th Street be closed effective February 20, 1980. Also a registered letter be sent to GTE. There being no further comments on this matter the meeting was adjourned at 5:45 p.m. espectfully submitted, usan W. Frye Deputy City Clerk 1, EEATN.ONT CITY COUNCIL MINUTES OF FEBRUARY 25, 1980 - The Beaumont City Council met in a Regular Meeting at 7:30 p.m. in -the City Council Chambers at the Beaumont Civic Center, Monday February 25, 1980 with Mayor DeForge presiding. 1. Pledge of Allegiance to the Flag was lead by Councilman H m el. 2. Invocation by Reb. Daryl P. Baker. 3. On Roll Call the following Councilmen were present: Mayor DeForge, Councilman Hammel, Shaw and Martin. Absent Councilman Peterson. 4. Minutes of the Regular Council Meeting of February 11, 1980. There being no omissions or additions the Minutes of the February 11, 1980 meeting stand approved as published. 5. Meeting of the Adjourned Meeting of February 19, 1980. There being no omissions or additions the Minutes of the February 19, 1980 meet- ing stand approved as published. 6. a. On Motion by Councilman' Shaw, Seconded by Councilman Harmiel the City Council of the City of Beaumont hereby authorize the payment of the bills as audited per Warrant List dated February 25, 1980 in the amount of $102,003.15. b. On Motion by Councilman Shaw Seconded by Mayor DeForge the City Council of the City of Beaumont hereby authorize the payroll of February 22, 1980 in the amount of $19,455.06. AYES: Mayor DeForge, Councilman Hamel, Shaw and Martin. NOES: NONE. ABS: NONE. 7. a. The letter of resignation from Attorney Robert Henderson was read by Mayor DeForge, dated February 7, 1980. b. Letter from the City Council of the City of Beaumont, accepting the - resignation of Attorney Henderson, was read by Mayor DeForge thanking him -for his many years of service with the City of Beaumont. Mayor DeForge introduced Mr. Ed'. Taylor of Redlands as the new City Attorney - starting February 25, 1980. 8. Resolution NO. 1980 -7, determining the amount of property tax relating to Annex - ation #20. '9 p Resolution No. 1980 -7 was read by title only per the request of Mayor DeForge, On Motion by Councilman Martin Seconded by Councilman Shaw, the City Council of the City of Beaumont approve and adopt Resolution No. 1980 -7, Determining the amount O of property tax revenue to be exchanged between the County of Riverside and the City of Beaumont, o.n Annexation No. 20 1� AYES: Mayor DeForge, Councilman Hammel, Shaw and Martin. NOES: NONE. .-.ABS: NONE. 9. Intentions of the City Council of the City of Beaumont to renew the contract with the California Division of Forestry. Motion by Councilman Shaw, Seconded by Councilman Farmel the City Council'of the City of Beaumont renew its contract for Fire Protection with the California Division of Forestry. AYE'S: Mayoi- Dei o S ? l NOES: NOY�4S. ABS: NONE. -- 10. Councilman Hammel reported his findings to the Council on the Consulting Engineering Service for the Pennsylvania Avenue Federal Aid Urbdn Project. 0� On Motion by Councilman Hammel, Seconded by Councilman Martin, the City Council of the City of Beaumont, accept the recommendations of the Interview- ing Comruttee, to ask the firm of CG ENGINEERING to submit a tentative Con- sultant Agreement to the City Council of the City of Beaumont by March 10, 1980. AYES: Mayor DeForge, Councilman Hammel, Shaw and Martin. NOES: NONE. ABS: NONE . _ 11. Proposal to replace Sewer line in the alley between 8th. & 9th. Beau. Ave. and Euclid ave. O' On Motion by Mayor DeForge; Seconded by Councilman Martin the City Council of the City of Beaumont have. the Sewer line replaced in the alley between 8th& 9th. Beaumont Ave. and Euclid Ave_ for the amount of $45876.13 . AYES: Mayor DeForge, Councilman Hammel, Shaw and Martin. NOES: NONE. ABS: NONE. - 12. A Modification for Back -up -Bus. Deleted. 13. Letter from Council on Criminal Justice Region S. Re: Request for Local Govern- ment Declaration to Participate with Region S in the Law Enforcement Assistance p v Oh Motion by Councilman Shaw, Seconded by Councilman Hammel the City Council 3D' of the City of Beaumont continue the participation with the Region S-in the Law Enforcement Assistance Program. AYES: Mayor DeForge, Councilman Hammel, Shaw and Martin. NOES: NONE. ABS: NONE. The City Council authorizing the ordering of the Emergency Telephone System. p� On Motion by Councilman Martin, Seconded by Councilman Hammel the City Council of the City of Beaumont, authorize the Acting City Manager S. Watkins to -order the >> Emergency Telephone System No. 911.. At no cost to the City. 15. Ordinance No. 512 final reading. 3 On Motion by-Councilman Shaw, Seconded by Councilman Hammel, the City Council of the City of Beaumont approve and adopt Ordinance No. 512 Handicapped Parking. tiv . AYES: Mayor DeForge, Councilman .���el, Shaw and Martin. NOES: NONE. ABS: NONE. COMMUNICATION: A. Mr. Luigi Rennaa, Little Louieis Roma Gardens Restaurant, 682 Beau. Ave. Mr. Renna addressed the Council on the subject of his sign in front of his business, He objected to having to remove it, do to the fact other business within the City have signs out ille'l- lly. Mr. Renna had a group of pictures he showed to the Council of the properties in question. Mr. Doug Fisher, City Building Inspector explained the problem,- Mr.'Renna did not obtain a permit to put his sib in front of the business and the violations of the electrical coard on the side ;iaik running to the sign. After some discussion as to the problem and 'now to solve it the City Council explained to Mr. Renna to come into the Office and obtain a permit for the sign, and comply with the regulations on signs. B. Bell and Brubaker. Removed no representation. C. Flood conditions on Calif. Ave. posponed due to the fact Mr. Baldi did not appear at the meetingi' for discussion.on the problem. Date set for the next Study Session is Monday Y2rch 101 1980 at 6:15 p.m. in the Office of the City Manager. iv,tinued ( 3 ) Date set for the next Council Meeting is Monday, March 10, 1980 at 7:30 p.m. in the Council Chambers. ' There being no further business to come before the Council, the meeting was adjourned at 8:35 p.m. to an executive personnel session, in the City Managers Office. The executive session adjourned at 9:30 p.m. Respectful,l ,y submitted, .1 Therese �-- Deputy City Glerk h BEAUMONT CITY COUNCIL MINUTES OF MARCH 101 1980 The Beaumont City Council met in a Regular Meeting at 7:30 p.m. in the City Council Chambers at the Beaumont Civic Center, Monday March 10, 1980 with Mayor Pro Tem Carl Peterson presiding. 1. Pledge of Allegiance to the flag was lead by Councilman Shaw. 2. Invocation by Rev. Herbert Moise. 3. On Roll Call the following Councilman were present: Mayor Pro --'Tem Peterson, Councilman Hammel, Shaw and Martin. Absent Mayor DeForge. 4. Minutes of the Regular Council Meeting of February 25, 1980. The minutes of February 25, 1980 were approved as corrected. 5. Minutes of Regular Planning Commission Meeting of February 14, 1980 and February 28, 1980 There being no additions or omissions the Minutes of the February 14, 1980 and February 28, 1980 stand approved as published. 6. On Motion by Councilman Shaw, Seconded by Councilman Martin the City Council of the City of Beaumont hereby authorize the payment of the bills as audited per Warrant List dated March 10, 1980 in the amount of $15,155.31 Payroll 3/7/80 in the amount of $15,909.90 AYES: Mayor Pro Tem Peterson, Councilman Harranel, Shaw and Martin. NOES: NONE. ABS: NONE. 7. Staff request from Water Pollution Plant Operator Larry Laws -Re: enclosement of Sewer Plant grounds. WAR 91 Per the request of Mayor Pro Tem Peterson, City Manager McAlpine gave a report on the area to be fenced and the need for the fence to stop people from using the site as a dump. And to keep someone from getting hurt on the City's Property. On Motion by Councilman Shaw, Seconded by Councilman Martin the City Council of the City of Beaumont accept bids for the fenceing around the Sewer Plant Grounds. AYES: Mayor Pro Tem Peterson, Councilman Hammel, Shaw and Martin. NOES: NONE. ABS: NONE. Request for lease of Parkway at 680 Beaumont Ave. tabled till the meeting of March 24, 1980. So Council could research the Ordinance more thoroughly. Resolution 1980 -8 Au %4)orizing City Manager Marc McAlpine to acquire Federal sur- plus property. On Motion of Councilman Shaw, Seconded by Councilman Martin the City Council of the City of Beaumont Adopt Resolution 1980 -8, Authorizing Marc McAlpine City Manager to acquire Federal Surplus Property. AYES: Mayor Pro Tem Peterson, Councilman Hammel, Shaw and Martin. NOES: NONE. ABS: NONE. 10. Resolution 1980 -9, Designating the Disaster Preparedness Officer for declaration No. FDAA521. Per the request of Mayor Pro Tan Peterson, City M n ?.ger Marc McAlpin explained the duties of the Disaster Preparedness Officer, and the need for one. On Motion by GI Councilman Martin. Seconded by Counciman Shaw the City Council of the City of Beaumont Adopts Resolution 1980 -9. continues. AYES: Mayor NOES: NONE. AB S : NONE. Pro -Tem Peterson, Councilman Hammel, Shaw and Martin. 021. Resolution 1980 -10 City Manager Contract, moved to adjourned meeting of March 14th. 1980 at 3:30 in the City Managers Office 12. Resolution 1980 -11, Authorizing City Manager Marc McApline as agent to'file application on behalf of the City of Beaumont for the purpose of obtaining certain Federal Financial assistance under the Disaster Relief Act. On Motion by Councilman Shaw, Seconded by Councilman Martin the City Council of the City of Beaumont adopt Resolution 1980 -11 Authorizing Marc McAlpine to submit application, for obtaining certain Federal Assistance under the Disaster Relief Act. AYES: Mayor Pro -Tem Peterson, Councilman Hamel, Shaw and Martin. NOES: NONE. ABS: NONE. 13. Report from Susan Frye, Grants Administrator on the FAU Project Pennsylvania Ave. Per the request of Mayor Pro -Tem Peterson, Susan FryeSreport explained the contract with C G Engineering of San Bernardino, and the agreement to proceed with the contract as soon as possible to get the project moving by April. 10 Agreement must be approved by Cal Trans prior to proceeding, On Motion by p,o Councilman Martin, Seconded by Mayor ProTem Peterson the City Council of the City of Beaumont accept the contract with CG Engineering. AYES: Mayor NOES: NONE. ABS: NONE. COMMUNICATION ProTem Peterson, Councilman Hammel, Shaw and Martin. a. Letter from Attorney David Berk re: the Hershey property. A letter will be sent to Mr. Berk informing him that we are acting on the problem and will keep him advised of the situation. b. Mrs. G. Bell of 1445 E. 6th. St. Four Winds Trading Post. Asked to address the Council on the matter of a piece of property she wished to lease for her business. The current business at 1445 E. 6th. St. has a Conditional Use permit to operate in the M -1 zone. Her question was wtiether she could get a- Conditional Use Permit, with the Moritorium in effect. Council advised Mrs. Bell they would research the matter and have an answer for her at the adjourn- ed meeting of March 14, 1980 at 3 :30 p.m. C. Mr. Grimes of 3827,Florance St. asked to address the Council on the flooding at 6th. and Xenia Ave. Mr. Grimes had some suggestions as to the putting ano Sher street through from Highland Springs Rd. across to Cherry Ave. so the water will be diverted. d. Mr. Mitchell addressed the Council on the Zoning Ordinance. Attorney Ed Taylor spoke to Mr. Mitchell and will be meeting with him on the subject. There being no further business to come before the Council, the meeting was adjourned at 8:15p.m. to a executive session in the City Managers Office. Meeting reconvened at 8:45 p.m. Meeting adjourned to February 14, 1980 at 3 :30 in the City Managers Office. Next Regular City Council Study Session March 24, 1980 at 6:15 p.m. in the City Managers Office, Next Regular City Council Meeting, March 24, 1980 at 7:30 p.m. in the Council Chambers. room 3 City Hall. Respect Submitt ify l:i . BEAUMONI' CITY COUNCIL wI►RMI • a MARCH 14, 1980 (Adjourned Meeting March 10, 1980) The Beaumont City Council met in an Adjourned Meeting at 3:30 p.m. in the City Managers Office at the Beaumont Civic Center, Friday March 14, 1980 with Mayor DeForge presiding. 1. Pledge of Allegiance to the Flag was lead by Councilman Shaw. 2. Invocation by Councilman Martin. 3. On Roll Call the following Councilmen were present: Mayor DeForge, Councilman Hammel, Shaw, Peterson and Martin. 4. Resolution 1980 -10 Establishing the annual salary of the City Manager. On Motion by Councilman Peterson Seconded by Councilman Martin, the City Council of the City of Beaumont adopt Resolution 1980 -10 establishing the annual salary of the City Manager. AYES: Mayor DeForge, Councilman Hammel, Shaw, Peterson and Martin. NOES: NONE. ABS: NONE. 5. City Managers Contract. On Motion by Councilman Martin Seconded by Councilman Shaw the City Council of the City of Beaumont approve the contract of the City Manager, with the appropriate �O corrections. AYES: Mayor DeForge, Councilman Hammel, Shaw, Peterson and Martin. NOES: NONE: ABS: NONE: 6. Mrs. Bell's request for Conditional Use permit at 1501 E. 6th. St. for her Swap - Meet. On Motion by Councilman Shaw seconded by Councilman Martin, the City Council of the City of Beaumont, approve in concept only, for further approval of Planning 11� Commission the change of the M -1 property located at 1501 E. 6th. St. to C -2. For the purpose of Mrs. Bell's business of a Swap -Meet. Councilman Martin suggested the Council insist on off street parking. Mrs. Bell agreed. AYES: Mayor DeForge, Councilman Hammel, Shaw, Peterson and Martin. NOES: NONE: ABS: NONE: COMMUNICATION: Mr. Mullins of 962 Wellwood, addressed the Council with a problem he had at his property. Council informed Mr. Mullins they will look into the situation and get back to him. There being no further business to come before the Council, the meeting was adjourne at 4:10 p.m. Next Study Session March 24, 1980 at 6:15 p.m. in the City Managers Office Next Regular meeting March 24, 1980 in the Council Chambers, 550 E. 6th. St. at 7:30 p.m. Respect lly submitted ':here--a 71h.crnpson, De-,:u ;-y 'Cite Clerk BEAUMONT CITY COUNCIL MINUTES OF MARCH 24, 1980 The Beaumont City Council met in a Regular Meeting at 7:30 p.m. in the City Council Chambers at the Beaumont Civic Center, Monday March 24, 1980 with Mayor DeForge presiding. 1. Pledge of Allegiance to the flag was lead by Councilman Hammel. 2. Invocation by Mr. Don Sullivan, Church of Christ Beaumont. 3. On Roll Call the following Councilman were present: Mayor DeForge Councilman Hammel, Shaw and Martin. Absent Councilman Peterson. 4. a. Minutes of March 10, 1980. Approved as published. b. Minutes of March 14, 1980 Adjourned meeting. Approved as published. 5. Minutes of Planning Commission meeting March 14, 1980. Approved as published. 6. On Motion by Councilman Shaw, Seconded by Councilman Hammel the City Council of the City of Beaumont hereby authorize the payment of bill's in the amount of $29,907.84 Warrant list March 24, 1980. And Payroll of March 21, 1980 in the amount of $16,099.00. AYES: Mayor DeForge, Councilman Hammel, Shaw and Martin. NOES: NONE: ABS: NONE: 7. Public Hearing on Annexation #21 was opened at 7:35 p.m. there being no comments from the audience in opposition to the Annexation, the Public Hearing was closed O at 7:40 p.m. 11� On Motion by Councilman Shaw, Seconded by Councilman Martin, the public hearing on Annexation #21 be closed. AYES: Mayor DeForge, Coucilman Hammel, Shaw and Martin. NOES: NONE. ABS: NONE. 8. Public Hearing on. Annexation #23 was opened at 7:45 p.m. there being no comments from the audience in opposition to the Annexation, the Public Hearing was closed at 7:50 p.m. ,1 On Motion by Councilman Martin, Seconded by Councilman Hammel, the public hearing on Annexation #23 be closed. 9. Resolution No. 1980 -12, Ordering the Canvass of the General Municipal Election of April 8, 1980. Ol On Motion by Councilman Shaw, Seconded by Councilman Martin, the City Council of the City of Beaumont, approve and adopt Resolution No. 1980 -12 ordering the canvas of the General Municipal Election. AYES: Mayor DeForge, Councilman Hammel, Shaw and Martin. NOES: NONE. ABS: NONE. 10. Request from Mr. Ross Heale Inland Disposal for a change in the Refuse Collection Contract with the City of Beaumont. To change the residential pick -up from the alley to infront of the residents. f 0 On Motion by Councilman Shaw, Seconded by Councilman Hammel, the City Council of l� the City of Beaumont deny the request for the change in the agreement with Inland Disposal. Council also stated the Contract w4'h Inland Disposal will reriain intal as agr�e,J, whin dr up. AYES: Mayor DeForge, Councilman Hammel, Shaa and Martin. NOES: NONE. ABS: NOME. 11. Request for lease of Parkway in front of 680 Beaumont Ave. Continued to next Council Meeting for further study. Meeting April 14, 1980. 12. Liability claim for Sewer damages at 878 Pennsylvania Ave. On Motion by Councilman Shaw, Seconded by Councilman Martin, the City Council of .� the City of Beaumont deny the claim for sewer damages at 878 Pennsylvania =Ave. Council instructed the clerk to submit the claims to the insurance carrier. AYES: Mayor DeForge, Councilman Hammel, Shaw and Martin. NOES: NONE. ABS: NONE. 13. r Liability claim for Se,.ver damages at 870 Wellwood Ave. Q 6 On Motion by Councilman Shaw, Seconded by Councilman Martin, the City Council of 3 the City of Beaumont deny the claim for sewer damages at 870 Wellwood Ave. Council instructed the clerk to submit the claims to the insurance carrier. AYES: Mayor DeForge, Councilman Hammel, Shaer and Martin. NOES: NONE. ABS: NONE. COMMUNICATION. Mr. Babcock and Mrs Brown, addressed the Council. Asking for permission to operate a Private Detective Agency within the City of Beaumont. Per Ordinance #333 permission from the City Council is required. After discussion with Mr. Babcock and questions about his State License. Council granted permission to Mr. Babcock to optain a City Business license and open his business of Private Detective Agency. Date set for the next regular study session is April 14, 1980 at 6:15 p.m. in the City Managers Office. Date set for the next Regular City Council Meeting, April 14, 1980 in the Council Chambers room 3, Civic Center at 7:30 p.m. There being no further business to come before the City Council, the meeting was adjourned at 8:38 to an executive session in the City Managers Office. Meeting reconvened at 9:19 p.m. Meeting adjourned at- 9:20.p:m. Respectrully "submitted Theresa 1 nomps�n, D�Putj�ity Cf erk BEAUMONT CITY COUNCIL MINUTES OF APRIL 14, 1980 The Beaumont City Council met in a Regular Meeting at 7:30 p.m. in the City Council Chambers at the Beaumont Civic Center, Monday April 14, 1980, with Mayor DeForge presiding. 1. Pledge of Allegiance to the flag, was lead by Councilman Martin. 2. Invocation by, Rev. Ron Davidson, Calvary Baptist Church. 3. On Roll Call, the following Councilmen were present: Mayor DeForge, Councilman Hammel, Shaw, Peterson and Martin. 4. Minutes of the Regular Council Meeting March 24, 1980, approved as published. 5. Minutes of the Regular Planning Commission Meeting held March 27, 1980 and April 10, 1980, approved as published. 6. On Motion by Councilman Shaw, Seconded by Councilman Peterson, the City Council of the City of Beaumont hereby authorize the payment of the Warrants in the amount of $45,344.72 and the Payroll of April 4, 1980 in the amount of $16,487.61 as audited. AYES: Mayor DeForge, Councilman Hammel, Shaw, Peterson and Martin. NOES: None. ABS: None. 7. Resolution No. 1980 -13, approving Annexation No.21, was read by title only by the Deputy City Clerk, per the request of Mayor DeForge. On Motion by Councilman Shaw, 1 Seconded by Councilman Hammel, the City Council of the City of Beaumont adopt Resolu' I ion No. 1980 -13, approving Annexation No.21 into the City of Beaumont, AYES: Mayor DeForge, Councilman Hammel, Shaw, Peterson and Martin, NOES: None. ABS: None. 8. Resolution No. 1980 -14, approving Annexation No.23, was read by title only by the Deputy City Clerk, per the request of Mayor DeForge. On Motion by Councilman Martin Seconded by Councilman Shaw, the City Council of the City of Beaumont adopt Resolut- ion No. 1980 -14, approving Annexation No.23 into the City of Beaumont. I AYES: Mayor DeForge, Councilman Hammel, Shaw, Peterson and Martin. NOES: None. ABS: None. 9. Exemption from Ord. 514 report from Finance Director, re: Conditional use permit for a car wash at 1212 E. 6th. st.. Mr. Hugron explained the water recycle process. p� On Motion by Councilman Peterson, Seconded by Councilman Hammel, the City Council of 11� the City of Beaumont, waive the requirements of Ord. 514, and have Mr. Hugron procee to the Planning Commission for further processing. AYES: Mayor DeForge, Councilman Hammel, Shaw, Peterson and Martin. NOES: None. ABS: None. 10. Report from Sewer Plant Operator, re: repairs to the Barminutor lift assembly. \ On Motion by Councilman Peterson, Seconded by Councilman Hammel, the City Council of a the City of Beaumont, except the recommendation of the Sewer Plant Operator onthe ne \'V of repairs to the Barminutor Lift Assembly, and authorize the repairs. AYES: Mayor DeForge, Councilman Hammel, Shaw, Peterson and Martin. NOES: None. ABS: None. 11. a� Report from Vehicle Main. Supt. re: repairs to grader. \{�b On Motion by Councilman Shaw, Seconded by Councilman Martin, the City Council of the City of Beaumont accept staff's recommendation to repair the grader in the amount of $2,300.00. With the repairs being done by Johnsons Tractor field service. AYES: Mayor DeForge, Councilman Hammel, Shaw, Peterson and Martin. NOES: None. ABS: None. k Z J 12. A Letter from The County of Riverside Housing Authority, requesting permission to rE surface the alley located on the east end of the housing tract, at no cost to the �v �I Ci ty. On Motion by Councilman Shaw, Seconded by Councilman Hammel, the City Council of the City of Beaumont, grant permission to the County of Riverside to resurface the alle} located on the east end of the Housing Tract at no cost to the City. AYES: Mayor DeForge, Councilman Hammel, Shaw, Peterson and Martin. NOES: None. ABS: None. 13. Liability Claim from Robert Clifton, accident on 6th. st. during a- rain storm, 2/191 report given by the City Manager. O b On Motion by Councilman City of Beaumont Peterson, Seconded by Councilman Shaw, the City Council of 1 deny this claim for damages, and refer to the Insurance Carrier. AYES: Mayor DeForge, Councilman Hammel, Shaw, Peterson and Martin. NOES: None. ABS: None. 14. 1 Report from the Building Inspector re: The Apartment Building at 950 Wellwood Ave. D F i The City Council of the City of Beaumont received the report given by the Building Inspector, on the development at 950 Wellwood Ave. and the changes the owner has agreed to make to comply with the codes. (item heard after the communications) 15 -16 Letter from American Council of Athletics and Unification Church of Los Angeles. On Motion by Councilman Hammel, Seconded by Councilman Shaw, the City Council of the City of Beaumont deny-the request of the organizations for a solicitor's permit. A letter will be sent to the orgainizations informing them of the Council's decision in this matter. AYES: Mayor DeForge, Councilman Hammel, Shaw, Peterson and Martin. NOES: None. ASS: None. 17. Report from the City Manager, re: Condo. Project on Beaumont Ave. The Grading of the project. [� Mr. Pearson of Pacific Engineering addressed the Council on the matter of the grad- eing, as to the flow of the water from the property. Mr. Dodson, City Engineer gave his recommendation on the matter of the drainage of water from this property. The drainage to flow to Beaumont Ave. On Motion by Councilman Martin, Seconded by Councilman Hammel,, the City Council of the City of Beaumont accept the recommendation of the City Engineer, for the gradinc of the property, as to the flow of the water. ` AYES: Mayor DeForge, Councilman Hammel, Shaw, Peterson and Martin. NOES: None. ABS: None. 18. Report from Chief Ryan, re: the P.O.S.T. evaluation of the Beaumont Police Deartmeni / A letter from P.O.S.T. (Police Officers Standards in Training) evaluating the Beau - `V mont Police Department. The records in the Police Department were in a deplorable state. The letter also indicated the P.D. has some problems, monumental problems. are making every effort to solve, these problems, P.O.S.T. came down and went throur our files they were so atrocious after (8) eight files they gave up. The our come wi (we either get it in shape or get kicked out of the program). Sgt. Hackman is work very hard to get the files in shape by the May 15th. deadline. No medical records i the Police Officers, Psychological evaluations. We have started psychiatric ev- aluations on the Officers (6) six men so far, two regular officers, one reserve and three three prospective men. All men have had good reports. We have a good Police- Department in this town, they have done an outstanding job, under the cond- itions that I found there. Gentlemen your foresight was well warranted. Communications: .. A. Mr. M. Goldstein, of the University of San Diego, addressed the Council re: the Animal Shelter, Mrs. R. Neil contacted him about the conditions of the Animal Shelter. Council informed Mr. Goldstein the animals are now being housed at the Banning animal shelter till the City has funds to do the needed repairs to the shelter. Mr. Gold- stein had three items he wished to be posted at the shelter in Beaumont. (1) Shelter Closed, post the Banning facility address. (2) Phone number of the Animal Control Officer. (3) Article in the paper re: arangements of temp. shelter. Also please inform Mrs. Neil of any meetings re: the animal shelter budget, etc. Mayor DeForge assured Mr. Goldstein, Mrs. Neil will be notified. B. Letter from Yamaha of Beaumont, withdrawing his request of the lease of the City Park Way. Mayor DeForge thanked Mr. Johnson for his help in the matter of the use of the Park Way. (from the floor) Item not on the agenda Mr. J. Blankenship, addressed the Council re: the prison being placed in the pass atea. Mr. Blankenship asked for the. Council to adopt a Resolution and send it to Senator Presley, expressing the City does not want a prision any where near the pass area. On Motion by Councilman Peterson, Seconded by Mayor DeForge, the City Council of the City of Beaumont shall adopt a Resolution and send it to Senator Presley in opposit- ion of the prison:. being placed anywhere in the Pass Area. AYES: Mayor DeForge, Councilman Hammel, Shaw, Peterson and Martin. NOES: None. ABS: None. C. Mr. Mitchell addressed the Council re: the property located at 950 Wellwood Ave. and the 17 violations to the Ord. 490, he claim's at the building site. Mr. Mitchell was informed the staff inspected the building site and found the constr- uction to be in compliance with the Ord. 490 and building code's. Mr. Mitchell requested the Council go to the construction site themselves and see the things that are in-violation. A meeting. was set for April. 15, 1980, at the site 950 Wellwood. Ave. D. Mr. Mullan addressed the Council re: the property at 950 Wellwood Ave. Council informed Mr.-Mullan, the construction at 950 Wellwood Ave. meets with Ord. 490. Staff has been to the site a number of time's on the complaints of Mr. Mullan and staff feels the building meets all the code's. Date set for the next regular study session is April 28, 1980 at 6:15 in the City Managers Office. Date set for the next regular Council Meeting Council Meeting, April 28, 1980 at 7:30 p.m. in the Council Chambers, room 3, Civic Center. There being no further business to come before the City Council, the meeting was adjourned at 10:10, to be continued at 4:30 p.m. April 15, 1980 in the City Managers OfficAe.,1 Respectfully submitted Theresa Thompsn;n, Deputy City Clerk ....ice 2. 3. 4. q � - BEAUMONT CITY COUNCIL MINUTES OF APRIL 15, 1980 (ADJOURNED MEETING) The Beaumont City Council met in an adjourned meeting at 4:39 p.m. in the City Managers Conference room, April 15, 1980 with Mayor DeForge presiding. Pledge of Allegiance to the Flag, was lead by Councilman Hammel. Invocation by City Manager, Marc McAlpine. On Roll call the following Councilman were present: Mayor DeForge, Councilman Hammel, and Peterson. Absent Councilman Shaw and Martin. Resolution No. 1980 -15, Reciting the fact of the General Municipal Election held �} April 8, 1980 and the Canvass of.the vote. Resolution No. 1980 -15 by title only by the Deputy City Clerk, per the request of Mayor DeForge. On Motion by Councilman Peterson, Seconded by Councilman Shaw, the City Council of the City of Beaumont approve and adopt Resolution No. 1980 -15 as read. AYES: Mayor DeForge, Councilman Hammel and Peterson, NOES: None. ABS: None. 5. Swearing in of the newly elected officials. City Attorney Ed Taylor swore in LaVerne Jones, newly elected City Clerk. City Clerk, LaVerne Jones swore in Councilman Peterson and Councilman DeForge. Donald Houston was sworn in as City Treasurer. Mr. Jack Yoder was out of town and could not attend the ceremony, Mr. Yoder will be sworn in on April 17, 1980. 6. The choosing of the Mayor and Mayor Pro -tem was also posponed till April 17,1980, when all Councilmembers are present. There being no further business to come before the Council, the meeting was adjourne at 4 :45 to an executive session, in the City Managers Conference room. J Respectfully su miffed~ Theresa Thompson, Deputy City Clerk BEAUMONT CITY COUNCIL MINUTES OF APRIL 28, 1980 The Beaumont City Council met in a Regular Meeting at•7:30 p.m. in the City Council Chambers at the Beaumont Civic Center, Monday, April 28, 1980 with Mayor DeForge presiding. 1. Pledge of Allegiance to the Flag, was lead by Councilman Yoder. 2. Invocation by, Rev. Donald Heermans, of the St. Stephen's Episcopal Church. 3. On Roll call, the following Councilmen were present: Councilman Hammel, Shaw, DeForge, Peterson and Yoder. 4. Coosing of the Mayor and Mayor Pro -Tem. On Motion by Councilman Shaw, Seconded by Councilman Yoder to reinstate Counilmian DeForge as Mayor and Councilman Peterson as Mayor Pro -Tem. AYES: Councilman Hammel, Shaw, DeForge, Peterson and Yoder. NOES: None. ABS: None. 5. Minutes of the Regular Council Meeting of April 14, 1980, approved as published. 6. Minutes of the Adjourned Meeting of April 15, 1980, approved as published. 7. Minutes of the Regular Planning Commission Meeting of April 24, 1980, approved as published. 8. On Motion by Councilman Shaw, Seconded by Councilman Peterson, the City Council of the City of Beaumont hereby authorize the payment of the Warrants in the amount of $26,140.20 and the Payroll of 4/18/80 in the amount of $14,264.81 as audited. AYES: Mayor DeForge, Councilman Hammel, Shaw, Peterson and Yoder. NOES: None. ABS: None. 9. Southern California Edison, re: Transmission Lines. Discussion was beld between members of the Council and Mr. Kovalcik, Mr. Ackers of Southern California Edison. Mr. Kovalcik displayed maps of the proposed locations of the different routes of the transmission lines. The lines are proposed for sectior 21- 23-outside the sphere of influence of the City of Beaumont. On Motion by Councilman Peterson, Seconded by Councilman Shaw, the City Council of the City of Beuamont, send a letter to Southern California Edison, making a written position statement in favor of the primary route (red). AYES: Mayor DeForge, Councilman Hammel, Shaw, Peterson and Yoder. NOES: None. ABS: None. 10. Recommendation from City Manager to Pay Frank Mancha Co. for working on the sL- er lines in the Highland Springs Development. D On Motion by Councilman Peterson, Seconded by Councilman Shaw, the City Council -of p` the City of Beaumont, pay Frank Mancha Co. for services on the Sewer Lines in the amount of $8,183.65 AYES: Mayor DeForge, Councilman Hammel, Shaw, Peterson and Yoder. NOES: None. ABS: None. 11. Recommendation by the City Manager to have the Final Settling Pond, at the Sew =r Plani Cleaned. 0 \'1�� Item posponed untill such time as to obtain bid's from contractors, do to the =.st of C' this project, bid's should be asked for. The bid from A & A Crane Co. was in the amount of $4,000.00. 12. Report from Vehicle Maintenance Supt. re: the Modification of the Back -up Mini IP,0I Bus. This item removed from the agenda at this time untill further study. 13. Resolution No. 1980 -16, Opposing the Prison Facility in the Beaumont Area. Resolution No. 1980 -16 DeForge. On Motion by Council of the City of the Prison Facility in AYES: Mayor DeForg NOES: None. ABS: None. was read by the Deputy City Clerk, per the request of Mayor Councilman Shaw, Seconded by Councilman Peterson, the City Beaumont pass and adopt Resolution No. 1980 -16, Opposing the Beaumont Sphere of Influence. Councilman Hammel, Shaw, Peterson and Yoder. 14. Tellite Corp. request for waiver of parcel map- certificate of Compliance. Item removed from the agenda at this time. 15. Consideration of possible revocation - building permits at 950 Wellwood Ave. - -p -�% On Motion by Councilman Peterson, Seconded by Councilman Hammel, the City Council I/ of the City of Beaumont, revoke the building permits for the apartments located at 950 Wellwood Ave. Due to section 1006.6 of Ordinance 490. COMMUNICATION A• A letter from the National Foundation March of Dimes, for a fee - exempt permit to Have a Walkathon on Saturday, May 3, 1980. After some discussion, the City Council granted permission for the fee - exempt permit to the March of Dimes to hold a Walkathon. B. Discussion on the Unsightly Conditions at the new location of the Beaumont Swap Meet, 1501 E. 6th. St. At this time a number of violations have been noted. The Beaumont City Council directed the Building Department, to send Mrs. G. Bell a letter informing her of the violations and that she has ten (10) days to comply, or the Conditional Use Permit for the Business will be revoked. Date set for the next study session, Monday, May 12, 1980 at 6 :15 p.m. in the City Managers Office. Date-set for the next Regular City Council Meeting, Monday, May 12, 1980 at 7:30 p.m. in the Council Chambers. There being no further business to come before the City Council, the meeting was adjourned at 9:40 p.m. 0 001�1 Respectfully submitted Theresa Thompson, Deputy City Clerk BEAUMONT CITY COUNCIL MINUTES OF MAY 12, 1980 The Beaumont City Council met in a Regular Meeting at 7:30 p.m. in the City Council Chambers at the Beaumont Civic Center, Monday, May 12, 1980 with Mayor DeForge presiding. 1. Pledge of Allegiance to the Flag, was lead by 2. Invocation by, Rev. Gerry Chaddick, First Southern Baptist Church. 3. On Roll Call, the following Councilman were present: Councilman Hammel, Shaw Yoder and Mayor DeForge. Councilman Peterson was absent. 4. Minutes of the Regular Council Meeting of April 28, 1980, approved as published. 5. Minutes of the Planning Commission Meeting May 8, 1980. Not received. (deleted) 6. On Motion by Councilman Shaw, Seconded by Councilman Yoder, the City Council of the City of Beaumont hereby authorize the payment of the warrants in the amount of $115,049.16 and Payroll of May 2, 1980 in the amount of $16,614.97. AYES: Mayor DeForge, Councilman Hammel, Shaw and Yoder. NOES: None. ABS: None. 7. Ordinance #515, was read in its entirety by the Deputy City Clerk, for the first reading, adopting the Uniform Building Code. On Motion by Councilman Shaw, Seconded by Councilman Yoder, the City Council of the City of Beaumont approve Ordinance #515 for its first reading. AYES: Mayor DeForge, Councilman Hammel, Shaw and Yoder. NOES: None. ABS: None. 8. On Motion by Councilman Yoder, Seconded by Councilman Hammel, the City Council of the City of Beaumont except the Sewer easement from Mr.John Paseua, 1226 Penn -. sylvania Ave. AYES: Mayor DeForge, Councilman Hammel, Shaw and Yoder. NOES: None. ABS: None. 9. The City Manager, explained the need for a letter to be sent to L.A.F.C:O. re: annexation north of Cougar Way, Owner Mr. Charles Ciraolo. Sending the letter to L.A.F.C.O. does not bind the City in any way to except this annexation. On Motion by Councilman Yoder, Seconded by Councilman Shaw, the City Council send a letter to L.A.F.C.O. telling them the City of Beaumont looks favorably upon the annexation of this land. AYES: Mayor DeForge, Councilman Hammel, Shaw and Yoder. NOES: None. ABS: None. 10. A letter was read from the Beaumont Volunteer Fire Department, requesting compen- sation for Emergency Service. No Motions necessary, this item turned over to staff for further study as a budget item. 11. Claim against the City for damages by Earle Marlar. On Motion by.Councilman Shaw Seconded by Councilman Hammel, the City Council of the City of Beaumont deny the claim by Mr. Marlar, and refer the matter to,the City's Insurance carrier. AYES: Mayor DeForge, Councilman Hammel, Shaw and Yoder NOES: None ABS: None. 12. Request for modification of the Back -up mini bus, by Vehicle Maint. Supt. a discu- ssion was held re: the need for the modifications to the bus, so it could be used in the event the regular bus was down. r i On Motion by Councilman Shaw, Seconded by Councilman Yoder the City Council of the City of Beaumont, approve the modifications to the back -up Mini Bus in the amount of $1,300.00. AYES: Mayor DeForge, Councilman Hammel, Shaw and Yoder NOES: None. ABS: None. 13. A letter of protest was read by Mr. J. Clougherty of 122 W. 11th. St. and signed by some of the neighbors on 11th. street. Protesting the roofing business locat- ed at 232 W. 11th. St. The vehicles left on the street and the mess around the building. After some discussion on the matter, Council directed this matter to be turned over to the Police Department for further action, and the City Manager had been instructed to follow up on this situation. 14. Mr. L. Renna, addressed the Council requesting permission to lease the Park -wcy in front of his business 682 Beaumont Ave. to place a sign. On Motion by Councilman Yoder Seconded by Councilman Hammel, the City Council of the City of Beaumont denied Mr. Renna permission to lease the Park -way on 682 Beaumont Ave. Mr. I Mitchell, spoke to the Council for Mr. Renna, requarding the removal of his sign by the City on May 8, 1980 and the replacing of the sign by the City's crew on May 12, 1980. Mr. Mitchell questioned the legality on the removal of the sign by the City. After some discussion on the matter of the the sign, by the Council and members of the audiance, as to the legality, dangers of the sign being located on the way. Mr. Renna has been given thirty (30) day to comply with the sign ordinances. Date set fo-� the next Study Session Tuesday, May 27, 1980 at 6:15 p.m. in the City Managers Office. Date set for the next regular Council Meeting Tuesday May 27, 1980 at 7:30 p.®. in the Council Chambers. There being no further business to come before the Council, the meeting adjourned at 10:10 p.m. Respectfully submitted Deputy City Clerk BEAUMONT CITY COUNCIL Minutes of May 27, 1980 The Beaumont City Council met in a Regular Meeting at 7:30 P.M. in the City Council Chambers at the Beaumont Civic Center, Tuesday, May 27, 1980, with Mayor DeForge presiding. Pledge of Allegiance to the Flag was lead by Councilman Hammel. Invocation by Mr. Jack Martin. On Roll Call the following Councilmen were present: Mayor DeForge, Councilman Hammel, Councilman Peterson, Councilman Shaw. Councilman Yoder was absent. A -4: The Minutes of the Regular Council Meeting of May 12, 1980 were approved as published. A -5: The Minutes of the Regular Planning Commission Meeting of May 8, 1980 were accepted as published, as a report only. A -6: The Minutes of the Special Planning Commission Meeting of May 13, 1980 were accepted as published, as a report only. A -7: On Motion of Councilman Shaw, seconded by Councilman Peterson, the City Council of the City of Beaumont authorized the payment of the warrants as audited per Warrant List dated May 27, 1980, in the amount of $37,295.95, and payroll of May 16, 1980, in the amount of $17,605.02. AYES: Mayor DeForge, Councilman Hammel, Councilman Peterson, Councilman Shaw. NOES: None ABSENT: Councilman Yoder A -8: Ordinance No. 515, Adopting the Uniform Building Code 1979, was- read by title only as the second reading. On Motion of Councilman Peterson, seconded by Councilman Hammel, the City Council of the City of Beaumont hereby 1\ • approves and passes Ordinance No. 515 to its second reading. AYES: Mayor DeForge, Councilman Hammel, Councilman Peterson, Councilman Shaw NOES: None ABSENT:: Councilman Yoder A -9: Ordinance No. 516, Urgency Ordinance, Revision /Extension of the Moratorium. Ordinance read by title only by Deputy City Clerk. Mr. Irish Mitchell objected, stating it was illegal to present the ordinance for hearing and approval of the council without }lC�. a published Notice of Hearing. City Attorney stated that it ll was legal to present an urgency ordinance without publication. Motion by Councilman Peterson, seconded by Councilman Shaw, to approve Ordinance No. 516. Motion failed due to lack of 4/5 majority vote. AYES: Mayor DeForge, Councilman Peterson, Councilman Shaw. NOES: Councilman Hammel ABSENT: Councilman Yoder A -10: Resolution of Intention, No. 1980 -17, Street Lighting Mainten- o 03 ance District within the City. The Resolution was read by title only by Mayor DeForge, and further explanation of the resolution was given by Deputy City Clerk Sheron Watkins. Several questions from the audience were answered. Mayor DeForge Called attention to Section 9 of the Resolution setting the date of July 14, 1980 at 7:30 P.M. in the Council Chambers for all persons liable to be assessed to be heard, with any protest to be filed with the City Clerk in writing at or before the'time of hearing. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont hereby approves and adopts Resolution No. 1980 -17. AYES: Mayor DeForge, Councilman Hammel, Councilman Peterson, Councilman Shaw. NOES: None ABSENT: Councilman Yoder "A -11: Accept or reject the Bid on the cleaning of the Final Settling Pond at the Sewer Plant. The recommendation regarding acceptance of the only bid received was read by Deputy City Clerk Sheron Watkins. Discussion from the 2V audience concerned the fact that only one bid was received, and whether or not these bids should be published in more than one newspaper in an effort to obtain more bids. It was finally con- cluded that, due to the urgent nature of getting this cleaning accomplished, consideration should be given to the only bid, but that future bids should be published in more than one newspaper. On Motion by Councilman Peterson, seconded by Councilman Shaw, the City Council of the City of Beaumont hereby awards the Bid for cleaning of the Final Settling Pond at the Sewer Plant to A & A Equipment Construction Company of Riverside. AYES: Mayor DeForge, Councilman Hammel, Councilman Peterson, Councilman Shaw NOES: None ABSENT: Councilman Yoder A -12: Proposal from the Beaumont - Cherry Valley Park and Recreation District re: Municipal Swimming Pool. The Staff Report and recommendation of the City Manager was read byy the Deputy City Clerk, the recommendation being to disapprove tfie proposal as the City of Beaumont cannot afford to subsidize the operation of the pool as proposed by the Park and Recreation 1 District Board. 1� Discussion from the audience and from Brian A. Ross, Recreation and Park Director, concerning who was responsible for the pool, Park and Recreation or the City, and whether or not a contract existed between Park and Recreation and the City. Further dis- cussion from Mr. Ross concerning the feelings of Park and Recreation in re the operation and maintenance of the pool. On Motion by Mayor DeForge, seconded by Councilman Peterson, the City Council of the City of Beaumont disapproved the proposal from the Beaumont - Cherry Valley Park and Recreation District, and instructed the City Manager to research alternative proposals. AYES: Mayor DeForge, Councilman Hamel, Councilman Peterson, Councilman Shaw NOES: None ABSENT: Councilman Yoder A -13: Recommendation of the City Manager to authorize a "Committee for Animal Control. Letter from the City Manager read by the Deputy City Clerk. Beverly Papetti asked if authority could be given to the members �6� of the committee to report acts of cruelty to animals to the police department, and the Council indicated this authorization would be given to the committee. On Motion by Councilman Peterson, seconded by Councilman Shaw, the City Council of the City of Beaumont accepted the recommenda- tion of the City Manager to form a "Committee for Animal Control ". AYES: Mayor DeForge; Councilman Hammel, Councilman Peterson, Councilman Shaw NOES: None ABSENT: Councilman Yoder COMMUNICATIONS: 1. Mr. Irish Mitchell addressed the Council concerning the enforcement of Ordinance No. 490, and the fact that, in his opinion, it has not been enforced. He read a letter which he had received from a former City of Beaumont employee, Mr. Ron Cathcart, making certain allegations against the City, and a letter from the Beaumont Citizen's Committee making additional allegations against the City, Mr. Mitchell then read a portion of Section 203.1, Environmental Standards, and then asked why the police department cannot issue citations for violations. Mr. Mitchell was informed by Councilman Shaw that action has been, and is being, taken care of. Mr. Mitchell was then informed by the City Attorney of the methods by which Ordinance No. 490 can be enforced, and the method the City has decided to implement. 2. Mr. Blankenship addressed the Council along the same lines, in particular derelict automobiles, and the enforcement of the ordinance concerning same. 3. Mr. Jack Martin asked what was going to be done about the housing development at 15th Street. Councilman Peterson said the only thing which can be done is get the legal grounds so the City knows where it stands. To do anything else would be a useless use of time. They have already learned through experience that this is the case. There was considerable additional discussion between Mr. Martin, the City Attorney and the Council concerning the legal position of the City, and whether or not anything is going to be done. 4. Mr. Blankenship asked for the resignation of Mayor DeForge, Councilman Peterson and Councilman Shaw. 5. Mrs. Miller stated she understood that a statement had been made by the developer to Mr. Valencia that the project was to be condos. 6. Mrs. Hill asked why the developer, Mr. Sims, did not make a public statement concerning the development. 7. Mr. Mitchell alleged there was a conspiracy concerning the entire development, and that a "hold" could be placed against it for violations which now exist until the, City finds out where it stands, and continued with discussion concerning several other matters. 8. Mrs. Martin stated that if the city councilman were not responsible for their actions, why do we have them? Why not just have a City Manager, City Attorney and staff, and save the money paid for the councilmen? 9. Mr. Mitchell stated there was no need to hire a planner, and elaborated as to why there was no need. Date set for next study session June 9, 1980 at 6:15 P.M. in the City Manager office. Date set for next Regular Council Meeting June 9, 1980 at 7:30 P.M. in the Council Chambers. There being no further business, Mayor DeForge declared the meeting adjournec at 10:00 P.M. Respectfully submitted, t. BEAUMONT CITY COUNCIL Minutes of June 9, 1980 The Beaumont City Council met in a Regular Meeting at 7:30 p.m. in the City Council Chambers at the Beaumont Civic Center, Mon- day, June 9, 1980 with Mayor DeForge presiding. Pledge of Allegiance to the Flag was lead by Councilman Yoder. Invocation by Rev. Ron Davidson of Calvary Baptist. Mayor DeForge read Penal Code #403 of California concerning dis- turbances at meetings and stated that this would be enforced if necessary. On Roll Call the following Councilmen were present: Councilman Shaw, Councilman Yoder, Councilman Peterson and Mayor DeForge. Councilman Hammel was absent.- A -4: The Minutes of the Regular Council Meeting of May 27, 1980 were approved as published. A -5: On Motion of Councilman Shaw, seconded by Councilman Peter- son, the City Council of the City of Beaumont authorized the payment of the warrants as audited per Warrant List dated June 6, 1980 in the amount of $62,017.79, and pay- roll of May 30, 1980 fn the amount of $19,392.93. AYES: Councilman Shaw, Councilman Yoder, Councilman Peterson, and Mayor DeForge. NOES: NONE ABS: NONE A -6: Mayor DeForge read and presented a Certificate from the City of Beaumont to the current Miss Beaumont, Miss Debra Dee Jones. A -7: Resolution No. 1980 -18, Authorization for the Office of Procurement, Department of General Services, State of Cali- fornia to purchase police cars on behalf of the City of Beaumont. The resolution was read in its entirety by the City Clerk at the request of Mayor DeForge. On Motion of Councilman Shaw, seconded by Councilman Yoder, the City Council of the City of Beaumont hereby approves and adopts Resolution No. 1980 -18. AYES: Councilman Shaw, Councilman Yoder, Councilman Peter- son, and Mayor DeForge. NOES: NONE ABS: NONE A -8: Request of James and Gladys Briggs for city license to operate a game room at 444 Sixth Street. Letter to the City Manager from the City Planner concerning this request was read by the City Clerk. aCouncilman Peterson asked a question about the sale of beer. The City Manager informed him that it was in the C -2 zone `\ and would be in conformance with the zoning ordinance. Councilman Peterson and Mayor DeForge suggested to Mr. Briggs that he obtain written permission from Small's Auto Parts to L use their lot for parking, stating that verbal permission was insufficient. Councilman Peterson demanded that a list of codes and a brief summary of each be furnished the Council. On Motion of Councilman-Peterson, seconded by Mayor De- Forge, the City Council of the City of Beaumont voted to table this request until those things that have been re- quested have been complied with and brought back to council. AYES: Councilman Shaw, Councilman Yoder, Councilman : Peterson, and Mayor DeForge. NOES: NONE ABS: NONE `/ 9: Report and recommendation from Planning Department regarding Swap Meet located at 1501 East Sixth Street, Beaumont. This item was removed from the Agenda until next regular Council meeting. A -10: Letter from the City Manager in re Partial Assignment of Parkway Lease from Mr. Nathan Wohl to Mr. Luigi Renna. City Manager, Marc F. McAlpine read his letter to the City Council re: Partial Assignment of Parkway Lease from Mr. Nathan Wohl to Mr. Luigi Renna. According to the City Manager the conditions of this Parkway Lease are such that it can be used for an advertising sign which Mr. Luigi Renna has sought permission to do. Councilman Peterson noted that any type of sidewalk sign would not meet with his approval. Councilman Peterson suggested that all other leases be examined to see if there is a clause (.2 years) in all of them. Motion was made by Councilman Peterson, seconded by Council- man DeForge that the City Council deny the assignment of the lease from Mr. Nathan Wohl to Mr. Renna for the place- ment of a sign and further direct the City Manager to write a letter to Mr. Wohl immediately setting in motion the right to cancel the lease within two years. AYES: Councilman Shaw, Councilman-Yoder, Councilman Peter- son, and Mayor DeForge. NOES: NONE ABS: NONE A -11: Letter from the City Manager in re Elmwood Tract and recommen- dation that the "Agreement to Install Improvements" be amended to extend the time period for six months. City Manager, Marc McAlpine read the staff report recommen- dation. He also said that he spoke with the principals from \� Vista Elmwood who agreed that six months would be sufficient 1 time to put in the necessary public improvements as required by the City Engineer. They had been unable to comply with this sooner since they were unable to secure the necessary easements. On Motion of Mayor DeForge, seconded by Councilman Shaw that this request be tabled until the next meeting. AYES: Councilman Shaw, Councilman Yoder, Councilman Peter- son, and Mayor DeForge. NOES: NONE ABS: NONE W A -12: Report from City Manager in re Municipal Swimming Pool. City Manager, Marc McAlpine gave a report on the City Pool. J He is presently negotiating with the Parks and Recreation ,1 District as to how the expenses from this operation will be divided. According to the City Manager, if the recrea- tion district can recruit and train lifeguards and per- sonnel, the pool will definitely be open. Steps have been taken to clean the pool. A grant of $7,000.00 that was awarded to the city by the Department of Housing and Urban Development, is being utilized to go to bid to purchase an.automatic chlorinator. COMMUNICATIONS: Mrs. Ethel Remy asked if the Council had an update on the apartments located at 15th and Beaumont Ave. City,Manager replied that Mr. Blankenship was presently in the Sacramento area preparing to file a class action suit against the City of Beaumont. Mr. Mitchell then spoke on this issue, referring to two Planning Commission meetings - 7/12/79 and 8/23/79, and a letter written by Mr. Ron Cathcart to the Planning Comm- ission regarding this project. Mr, Mitchell also made reference to a letter written by Mr. Woywood, a realtor, stating that the project would be for mainly singles, young marrieds and older couples, and re- quested a variance for this project. Reference was made by Mr. Mitchell to a letter written to the mortgage officer of California Finance relative to this project. In this letter under "number of units for elderly" it had zero. A carbon copy was sent to the Chief Executive Officer - Attn: Responsible Officer for Housing Assistance Plans, City of Beaumont, City Hall, Beaumont, Ca. According to Mr. Mitchell this letter was never shown to the City Council. Mr. Mitchell also made reference to former Mayor Aubrey Allen and said that Allen failed to keep the other councilmen up to date with his private knowledge concerning this project. Mr. Mitchell also mentioned a phone conversation with former City Manager Glenn Sparks in which Mitchell asked Sparks if he had known that this project was a HUD housing, and Sparks replied that he did, that Sims had told him so. He also asked Sparks if he was advised by Mr. Sims that the project would accomodate senior citizens as well as other low cost housing. Mr. Sparks said that Mr. Sims had stated this on numerous occasions. Mitchell also said that he asked Mr. Sparks ff he had told anyone that Sims project was to be condominiums and he said that he had not. Mr. Mitchell also had comments regarding Study Sessions of the City Council. He claimed that the mayor explains things to his own liking, and has everyone agree to vote one way prior to even hearing public testimony. He said that he is sure of this as he has been told by Councilman Hammell, Councilman Peterson and former Councilman Martin that this is true. He also said that Councilman Shaw said that it has happened on occasion. Councilman Peterson said that his comment relative to this was not that the mayor tells us what to decide, but that all the questions are asked before we get to the council meeting, and, therefore, he decided not to attend study sessions. City Attorney Taylor made mention of the fact that the Study Sessions are open to the public. Tommy Thompson mentioned that there is a communication from the California Dept. of Housing that finances this type of project. He stated that this department released funds for this particular project about five days prior to the granting of the zone change. An inquiry has been forwarded to the Dept. of Housing inquiring as to what documentation American Housing supplied them proving that they had met all local ordinances and requirements. The City Manager was instructed by a letter to the California Housing to Mr. Sims with copies of all the had presented to the City Council. All Councilmen concur to instruct such a letter with the information Mayor DeForge to draft Authority, carbon copy information Mr. Mitchell the City Manager to draft Mr. Mitchell has supplied. Mr. Mitchell also spoke regarding a General Plan. The City Manager informed Mr. Mitchell that the information he re- quested would be ready the following day and could be se- cured then. Mrs..Hill informed Mr. trying to reach him by cleaning the pool. McAlpine that Lois Miller has been phone' regarding saving money on Mayor DeForge mentioned that there are forms available that will be in use at the next meeting for anyone requesting to speak to the City Council. These forms need to be filled out and submitted and are available at City Hall. There being no further business to come before the Council, the meeting was adjourned at 8:59 p.m. to be continued at 3:00 p.m. on Wednesday, June 18, 1980. Respectful submitted, La Verne Jones City Clerk I ' i BEAUMONT CITY COUNCIL MINUTES OF ADJOURNED MEETING 9W JUNE 18, 1980 The Beaumont City Council met in a Spacial Open Meeting at 3:30 P.M. Wednesday, June 18, 1980, Mayor DeForge presiding. Pledge of Allegiance to the Flag. On Roll Call the following Councilmen were present: Councilman Shaw and Councilman Peterson, and Mayor DeForge. Councilmen Hammel and Yoder were absent. Mayor DeForge invited Mr. Irish Mitchell to address the Council. Mr. Mitchell read to the Council the following: "Presentation to Special Council Meeting. Let us begin with the resolution 1T"1976 -33, which is at the bottom of a great deal of the trouble. This resolution was illegal at the start and is still illegal, because no one has made a motion to have it deleted. The use of this to bypass the legal publishing laws, has caused the City of Beaumont to perform an illegal act every time there has been an ordinance amendment -or zone change. Some people are trying to hold Councilmen Shaw, Peterson and Mayor DeForge responsible, when it was caused by an incompetent or dishonest staff, legal council and ex Mayor Allan. The five month running battle relative to the 950 Wellwood Apts. the 15th & Beaumont Apts. and the Pennsylvania Ave rest home was the direct failure of knowledge and integrity of the staff and the Planning Commission. The Planning Commission has proven that they do not know the legal rights and limitations of their office. Shaw, Peterson and Mayor DeForge were blamed and lost pretige (sic) and credibility with both their constituants and their friends. During the recall, and the.results thereof, Sparks left, Cathcart left, and Mayor Allan left. The only remaining who had been a part of the great staff failure was Ms Watkins, who was named City Manager Pro -Tem. The ' incapable Planning.Commission remained. Then McAlpine was hired as City Manager. Here are some facts: His application was never investigated. It has more holes in it than a piece of swiss cheese. It was so overstated it is a fraudulent document. The then City Councilman Martin was the moving cause of his being hired. Martin is now trying to have a grand jury hearing to throw Shaw, Peterson and Deforge in jail. Part of his allegations must by necessity stem from the lies and deceit and stupidity of his protege (sic), McAlpine. We ALL need an answer to this one. McAlpines admitted lies caused weeks of unnecessary nasty words to revoke one illegal permit, that McAlpine has ordered Fisher to issue on April 1, 1980. Since coming to Beaumont his record would be no hits - no runs - AALL ERRORS!!! Neither time nor paper will allow a full disclosure. One day prior to even making a time study survey of the need of a full time planning f ) director, he decided to hire one. When talking to me, I suggjested /g�ic make a time study of the job, as it could not warrent hiring a single purpose person. For full time employmet (sic) it would require one who had the background to handle Building & Safety, Building Inspections and the Two hours a week it would reqire (sic) to handle the planning job. Sullivan went to work the following week. You should check his appli- cation also. His and McAlpines could have been authored by the Grimms Brothers. They were astute in fairy tales. I have hnowl edge of three instances wher (sic) Sullivan was completely wrong. He must have had someone making decisions for him on his prior job. He even stated he was.in favor of the $29,000.00 expenditure for a general plan. This in itself proves he is not equipped to be a planning DIRECTOR. He isn't even a. capable site plan checker. He proved that at the Commission Meeting June 12. McAlpine told me that he and Susan Frye had analyzed and worked out the budjet (sic) for the General Plan. $29500.00. Neither know planning. That must have been some session. The City Council ordered McAlpine to give me answers to an interoga- tory (sic), relative to the exact method used and a break down of the figures. He gave the request to Susan Frye. You will not be able to believe it until you see the inuendoes, double talk and manuvers to conceal the truth. The Council ordered McAlpine to send a letter to American Homes at once, to stop the building project until there would be a final determination as to what the HUD would allow for tenants. It had not been mailed when I talked to his secretary on Wednesday. He was out of town, I believe in the Fresno area. Sullivan said he was at Camp Edison? What is Camp Edison. At the same time Watkins and Frye were gone for two days. Were these trips on expense acct. and if so what was the nature of the City Business? I will now show you the General Plan that you can adopt legally, that will meet all of the requisits of federal grants and the 1980 General P tan Guidelines. (State of C alif ) (At this point Mr. Mitchell from another document, a copy of which was not left with the Council) In closing, I would like to call your attention to an obvious. Sharon Watkins does not furnish this Council with all of the truth it is entitled to. Watkins, McAlpine and Frye have been less than honest in furnishing public information. Sullivan has been in violation of the law in at least 3 instances to my direct knowledge. One of these could have invited a law suit because of his high handed stupidity. There is a legal reason and right to replace each and everyone of the staff members I mentioned. My investigations have taken away some of the scars that were caused by the other staff and planning commission. You did not have the chance to know what they were doing wrong. But, retention of this present staff and Planning Commission is inviting another merry go round. This time you have been given facts, and if you allow them to continue to operate as they have in the past, you will no longer be the innocent parties, but a part of the whole rotten mess. If you decide not to do anything, you just might be doing a great favor to Martin, Blankenship. They have told me that they want a Grand Jury Investigation to put all of you in jail. Mullin is also seeking a Grand Jury Investigation. Procrastination could furnish another nail for the coffin. Martin will not even speak to me since I told him I wanted no part of his personal vendetta and witch hunt. Thank you for your time. I will be pleased to answer any questions you might have." Mr. Mitchell went on to read the following rough outline of a General Plan. "Rough outline of the legal General plan proposed. Preface. This General Plan is written with the express purpose of exposing to the entire population of Beaumont, a firm directional pattern that will encompance (sic) the needs and desires of the City as a whole, for the next two decades. By intent the body of this document will not be burdened with pages of statisical data. All technical research and findings will be contained in and fot noted to the San Goronio Pass revised rlanning reports, prepared by Riverside County. The State of California requires that all Cities adopt a long term General Plan that is consistant and is also reasonably flexible to enable it to meet with unforseen conditions. The State requires the plan to contain nine (9) specific elements: 1 - Land Use 2 - Circulation 3 - Housing 4 - Conservation 5 - Open Space 6 - Seismic safety 7 - Noise 8 - Scenic Highway 9 - Health and safety Each issue is addressed only to the extent that it pertains to the City of Beaumont, in the first chapter. Foot notes will refer to scources of technical data for those Citizens who wish to make an in depth study. This has enabled us to prepare a General Plan that Zs clear and unambiguos (sic). This affords a plan that is factual, concise, interesting and easily understood by the people for whom it is drawn: THE GENERAL PUBLIC OF THE CITY OF BEAUMONT. CHAPTER ONE. A consolidation of various elements to make the plan more meaningful to the average citizen. The initials (prsgp) refer to the revised edition of the Riverside County San Gorgonio Pass general plan program and reports. - -Base Mapping -p -ii- (prsgp) #2 Circulation - Transportation. (prsgp) Page 8 -1 #4 Conservation - (prsgp)P -1 -18 #5 Open Space (prsgp) P -1 -16 (Full discussion will be consolidated with #1 - Land use in Chapter 2) #6 Seismic safety (A complete coverage of technical data - (prsgp - Page 1 -10 Geology) #7 Noise Factor - Environmental noise (prsgp) page 3 -6 #8 Scenic Highway (prsgp) Page 8 -10 This General plan can now cover the following elements in depth ---- - - - #1- Land Use - - - -- #3 Housing -- - - - - #9 Health and Safety CHAPTER TWO Land Use (prsgp) Page 6- (11 thru 6 -29) Up date and place into narrative form, giving firm guidelines for future use of present land, including future zone adjustments and policies, comhines with future annexations. Planning for a regimented S progressive development plan that is compatible to the pulse and desires of the General Public CHAPTER THREE Housing (prsgp) Pages 6 -1 thru 6 -21* 5 -1 thru 5 -30 Social and Cultural (Tables and Charts) Page 2 -3 thru 2 -10 UP DATE AND PUT INTO NARRATIVE'FORM CHAPTER FOUR Health and Safety - Cover Police - Fire - Seismic - Dwelling quality- Blight (prsgp) Page 4 - 11 (see Housing) CHAPTER FIVE Consolidate chapters 1 thru 4 and narrate, expressing views of all the segments of the population. Show firm guidelines that shall be drawn to better serve each segment of the complex demographic structure. Update upon receipt of 1980 cencus. AUTHORITY FOR PREPARATION OF THE CITY OF BEAUMONT PLAN IN THIS MANNER REVIEW DRAFT Jan 1980 STATE OF CALIFORNIA GENERAL PLAN GUIDELINES Page 3 - The general plan may be organized in the manner which best suits the City. Page 4 - The elements of.the general plan may at the discretion of the City be combined. Page 5 - A general plan need address each issue only to the extent it pertains to the City. Where a local government determines that an issue specified in the law does not apply to conditions, the general plan should document the basis for the judgment. Page 9 - Because collecting and analysing information can be expensive, and the capacity of any government agency, to process and use informa- tion is limited, local governments must use their best judgment as to the amount of information for policy- making. Page 10 - A few well conceived measures will accomplish more than a long list of possible measures. Page 21 - Re: data. "Many local governments consign this information to the technical appendices, leaving the main part of the general plan to focus on policy. By law a City may adopt all or any portion of the Counties general plan. The Seismic safety element is specifically named. This approach eliminates duplication of effort in collecting data for more technical elements. Page 22 - While it must contain technical information, a general plan is primarily a policy document for use by policy makers and the public. It should be written with this audience in mind. The_text should be free of jargon, acronyms and over technical language. It should be edited by non technicians to ensure the public can understand it. Page 49 - Some State mandated items and issues can probably be elimi- nated from further consideration after minimal analyses. When an issue is found to be irrelevant, the basis of this judgment should be documented in the general plan. Among the most important charact.er- i�tics are whether a City is r:iral or urban and mature or growing. Page 50 - Mature communities must focus on maintaining and rehabili- tating existing housing stock. Page 87 - Enforcement and abatement procedures are yet another means of implementing.the general plan. Various State laws and regulations spell out abatement procedures for buildings because they are unsafe or substandard, and constitute a public nuisance. The Government Code - California Administration Code - Uniform Housing Code and Dangerous Building Code - provide for abatement by repair, abandonment or demolition. Where can a person find a City Atty that knows the law? Some recent FACTS. The letter that was to be expedited to American Homes:Should have gone out on June 10 - Went out June 16. Why? Mcalpine went to Fresno to CPmp Edison to attend a three day Symposium on Energy. I bet the City can hardly wait to hear the engineering that is being prepared from that meeting to be presented to all interested parties. Who paid the expenses? Watkins and Frye were also gone for 2 days the same week. What did they accomplish that took both of them 2 days (leaving any important duties to Terry) Who paid the expenses. Could it have been handled by phone ?? These people are making fools of the City Council, to the detriment of the general public. Why can't you gentlemen see this? 513: Mark and Chief Bridges were also out of t-won 2 days (5th & 6th June). What was this all about? Where is the report to the City Council. Symposiums are to garner information to present to the Council. An investigator is spared with a great deal of curiosity when he discovers manuvers that are out of the scope of authority of the City employee. When this employee harrasses a legitimate business man who is beyond a doubt fully legal and in compliance with all of the Codes. Then furthers that harrassment by having the Police Chief, (prior to any hearing, which is scheduled) tell the same party that he is going to oppose him at the hearing. This I do believe is an unlawful interfer- ence with an innocent persons constitutional rights. Any investigator with any past experience in this area would say "Wait a minute ". This is the pattern to the oldest shake down ever know to City Government. Think what this can do to an already soiled reputation and credibility, that has been caused by prior staff employees. If you Gentlemen on the Council do not stop this comic opera soon it can do nothing but get worse. THE GATEWAY TO GRAFT BY PUBLIC EMPLOYEES! An investigator is sparked with a great curiosity when he discovers something unusual in a pattern of bids to obtain Government Contract. EXAMPLE - GENERAL PLAN - BEAUMONT Four parties are sent requests for proposals to bid. Three are told to bid $29,500.00. One is told to bid $28,500.00 so he will be low. A Councilman smelled something and was in opposition to the manuver. (Peterson) This would indicate to an investigator that something is wrong because someone from government told different stories to different people to manuver to bid to favor someone the government employee had made a deal with. There could only be this conclusion. 1 -The informer had a higher regard for a bidder, then he had for the Ci lic is to represent . -He n�r,de :i : or a kick back. Either of the two is a gross violation of a fiduciary duty and if proven would be a felony. Is anyone here who knows Urban Futures Consultants? Under what conditions? I would like to show what I have been trying to tell Watkins and McAlping, and recently Sullivan and Frye. This all started with Attorney Henderson and Ms. Watkins duped the City Council into an illegal Moratorium, Ord. No. 513. (An exerpt re moratorium was read) I have here a Skate of California General plan guidelines -1973. The paper clips seen on the pages mark where I have made comments relative to the application to the City of Beaumont. I have also cross referenced those pages into the San Gorgonio Pass Plan. If you will note inthe San Gorgonio book, each cross referenced page is marked for easy review. The next book you see is an in depth study and consoli- dation of State of California General Plan Guidelines - 1980. I have studied and reviewed each page of all of the publications and consolidated them into this presentation. I then marked all parts that pertain to the City of Beaumont with an accent pen to enable the Council to more readily find the facts that are being withheld by the staff. The staff has proven on many occasions how they operate. They will withhold information from you, give you misinformation, then ridicule you behind your backs. When a staff has no respect for the elected Officials, a City Government becomes a cheap carnival. Think this over carefully. What I have said I will state under oath. Not one person I have named can refute one statement I have made. They could not stand up under cross examination. You gentlemen can be the Judges. I offered this same information to Watkins not less than 5 occasions prior to March 1st. Mayor DeForge advised me that she told him that I didn't know what I was talking about. I requested many times for her to arrange a meeting with the Council to present this documentation. Now we find the reason: McAlpine - Sullivan- Watkins -Frye want to pay out $29,500 for what I have just presented to you Gentlemen of the Council. That in itself supports what I contended they were doing to you gentlemen. I will beg all of you to answer this question to yourselves: Should I keep my Pledge of Service to the General Public, or should I ratify a fraud that is perpetrated by our enemies? I will now read my offer. You and everyone else knows that you should do. You and everyone else will also know what you do and then find out why. To: City of Beaumont. Attn. Councilman Shaw, Peterson, Hammel, Yoder and Mayor DeForge. Subject: Implementation of General Plan as required by Government Code Sec 65302. I offer to contract my services to prepare a complete General Plan, covering -all of the nine required elements for a fee of Five Thousand Dollars. This will be done and completed in a manner that will satisfy the Code Section and also in such form as to satisfy the requisite for Federal Grants. In addition thereto, I will contract to assume all duties of a Planning Director at a fee of $1,000.40 per month which will include all expenses for travel, field trips, etc. When the General Plan is completed and accepted, I will reduce the $1,000.00 fee to $500.00 per month, as the work entailed will be very nominal. The contract will carry a 15 day cancellation clause, if voted by 4/5 of the Council. It seems that your present projected cost is approximately $29,500.00 for the General Plan, and $20,000.00 a year for a Planning Director. This would given an immediate saving of $24,500.00 on your budget for a General Plan. It would also save the cost of a secretary at 13,000 a year, and a saving on the cost of a Planning Executive of about 1200.00 for 4 months, and a saving of approximately $1900.00 a month for the balance of the time. For one year this would be a grand total of 24,500.00, 13,000.00, 4,800.00, 15,200.00 a total of 57,500.00. This offer to the City of Beaumont, California, dated February 5, 1980. A contract to assume the functions of City Manager and Planning Director at a negotiated fee, that the City of Beaumont can afford. The contract to be in the form of an agreement that will follow the requisites of employee employer relationship. The contract may be cancelled upon a 30 day notice for due cause. The due cause notice to i' rl t : \•1n€' reasC,ns: �,;ld Un£i:- ]IT1f•-l1='1 \' rC,'\` ? :•\' the r] \'� ;•�, ,:�_' of the City Council. An alternate proposal. I will give consideration to any other arrangement that might be desired by the City Council, that is capable of accomplishing a reasonable and successful adminis- tration. Respectfully submitted, Irish D. 1itchell. This loss to the City, if it is not corrected, can be credited to the absence of administrative ability of Marc McAlpine, and the person or persons who were instrumental in his hiring. This fiasco is stealing from needed programs - swimming pool for youngsters, recreational park improvement, etc., etc. In the event this contract is not given consideration in an open hearing, prior to giving away Federal funds, and stealing from the youth of this city, I and many others would appreciate an open answer." This concluded Mr. Mitchell's presentation to the Council. During Mr. Mitchell's presentation several inquiries were made. Mayor DeForge asked for clarification on the statement that four (4) of the Consultants were told to bid the $29,500 on the General Plan, and that another was not told. Mr. Mitchell said that he had no proof that they were told what to bid, but it appeared that way. Councilman Shaw inquired to the projected time frame of general plan task. Mr. Mitchell stated he would complete it in three months, and would send out two mailers in that time for an approximate cost of $1,000.00, which is included in his total price of $5,000.00 to do the job. Councilman Shaw also asked how.many public meetings would be held. Mr. Mitchell stated three. But he planned to have three meetings a week on the progress of the plan, one in the morning and one in the evening to afford more persons in the City of Beaumont an opportunity to have input in to their general plan. Councilman Peterson asked of Mr. Mitchell's previous general plan experience. Mr. Mitchell replied that he had none. He helped build the City of Paradise City, Tahoe, Nevada, "I have not been a pro- fessional planner, nor do I desire to be.." With there being no further questions from the Council, the Mayor stated they would consider the proposal of Mr. Mitchell. The meeting adjourned at 5:00 P.M. Respectfully submitted, Susan W. Frye, Deputy City Clerk t BEAUMONT CITY COUNCIL Minutes of June 25, 1980 The Beaumont City Council met in a Special Meeting at 3:00 p.m. in the City Council Chambers at the Beaumont Civic Center, Wed- nesday, June 25, 1980 with Mayor DeForge presiding. Pledge of Allegiance to the Flag was lead by Councilman Shaw. Invocation was by Marc McAlpine, City Manager. On Roll Call the following Councilmen were present: Councilman Shaw, Councilman Yoder and Mayor DeForge. Councilmen Hammel and Peterson were absent. Mayor DeForge mentioned that Peterson was excused.- A -4: The Minutes of the Regular Council Meeting of June 9, 1980 were accepted as published. A -5: The following addition was made to the Minutes of the Ad- journed Council Meeting of June 18, 1980 by Mayor DeForge. At the adjourned meeting of June 18, 1980, I pointed out that Mr. Mitchell's allegations did not reflect the view of the council, and I also pointed out that Mr. Mitchell's bid for the appropriation of an updated general plan would have to be considered by the entire council. There is one more item that I feel should be included in this record. I requested that Mr. Mitchell furnish us with names of people he had worked for and places that he had worked, so that we could verify his qualifications. Susan Frye, Deputy City Clerk, who took the minutes of this adjourned meeting, stated that she was asked to leave the room twice (by the Mayor) to make copies of documents. (See attached Memo). A -6: Since there was not a quorum present, the regular Planning Commission Meeting of May 22, 1980 was not held. A -7: Minutes of the regular Planning Commission Meeting of June 12, 1980 were accepted -as published. A -8: On motion of Councilman Shaw, seconded by Councilman Yoder, the City Council of the City of Beaumont authorized the pay - ment of the warrants as audited per Warrant List dated June 23, 1980 in the amount of $58,078.91 and payroll of June 13, 1980 in the amount-of $19,689.97. AYES: Councilman Shaw, Councilman Yoder and Mayor DeForge. NOES: NONE ABS: NONE A -9: Appointment of Animal Welfare Committee by Council. On motion of Councilman Shaw, seconded by Councilman Yoder, The City Council has appointed the -- following persons to an A n i m a n IdeIfare Committee: Eugene Sain, Martin Goodman, Ronda o� Neal, Terry Campbell, Beverly Papetti and Vince Papetti. AYES: Councilman Shag, Councilman Yoder and Mayor DeForge. NOES-. NONE ASS,: N0NF1 A -l0: Report and recommendation from Finance Department regarding Revenue Sharing Funds from the Federal Government. �D On motion of Councilman Sham, seconded by Councilman Yoder, D?� the Crty Council accepts the recommendation of the Finance 30. Department to use th'e Revenue Sharing Funds for Operational Costs of the Police Department, ArES, Councilman Shaw•, Councilman Yoder and Mayor DeForge. NOES: NONE AHS: NONE A -11: Report and" recommendation from staff regarding temporary closure of Grace Street while detour is in effect during the construction of the overpass at Beaumont Avenue. On motion of Councilman Shaw, seconded by Councilman Yoder, 3 the City.Counci-1 accepts the recommendation of staff to V' authorize the State to close Grace St. to through traffic at Sixth Street during the construction of the railroad overpass. AYESc Councilman Shaw, Councilman Yoder and Mayor DeForge. NOES: NONE ASS: NONE A -12: Report and recommendation from City Manager regarding transfer- of equ.i;pment [grater truck] to Riverside County Fire Department, p� On motion of Councilman Yoder, seconded by Councilman 3D Shaw, the City. Counci•1 authorized the transfer of the truck to the Rrversi:de County Fire Department with the conditions as stipulated. AYES: Councilman Shaw•, Councilman Yoder and Mayor DeForge. NOES: NONE ABS: NONE A -13: Report from the City Manager regarding Elmwood Tract and recommendation that the "Agreement to Install Improvements" fie amended to extend th.e time period for six months. On motion of Councilman Yoder, seconded by Councilman Shaw, the City Council granted the six month extension requiring all pro,vi�si,ons of this Agreement be satisfied by December 23, 1980, AYES: Councilman Shaar, Councilman Yoder and Mayor DeForge. NOES; NONE ABS: NONE A -14: Report from Planning Department regarding request of James and Gladys Briggs for city license to operate game room -pool hall at 444 East 9xth Street, w-ith letter from Robert Bridges, Chief of Pol i,ce. pq On motion of Councilman Yoder, seconded by Councilman Shaw, O�( th-e City Council granted a Ci.ty License to James and Gladys Briggs, to operate a game room /pool 'hall at 444 E. 6th. St. AYES; Councilman Shaw and Councilman Yoder NOES: Mayor DeForge ABS: NONE A -15: Report and recommendation from Chief of Police Robert Bridges regarding Elks Club request to have pull tabs at their regular (� b i n c o games . On motion of Councilman Shaw, seconded by Counci -lman Yoder, �'1/ the City Council recommended - that staff be instructed to draft an ordinance to permi t pull tabs. AYES: Councilman Shaw and Councilman Yoder, NOES: Mayor DeForge' ABS: NONE A -16: Letter- from Planning Department regarding Swap Meet at 1�y 1501 E, Sixth Street. For information only, A -17: Letter from the City Manager regarding Parkway Leases. For information only. A -18: Resolution No. 1980 -19, adopt Final Tract Map, Tract No. 15554. On motion b -y Councilman Yoder, seconded by Councilman Shaw, pal the City Council passed and adopted Resolution No. 1980 -19. AYES: Councilman Shaw, Councilman Yoder and Mayor DeForge NOES: NONE ABS: NONE COMMUNICATIONS: 1. Communication from Attorney David N. M. Berk regarding Hershey Door Company diversion of water creating a drainage problem. City Council recommended that the City Engineer research this and report back to.the Council at the next regular meeting. 2. Communication from Luigi Renna regarding notice on sign that has permi t. Mr. Doug Fisher, City Building Inspector, explained that Mr. Renna had his sign on the Parkway, which was illegal. Mr. Renna stated that the motorcycles next door were parked in the parkway, but Mr. Fisher stated that he had checked just that morning, and that they were parked in th.e street. 3. Communication from Irish Mitchell regarding new information on general- plan. Mr. Mitchell requested that his documented facts that were presented to Council at the meeting of June 18th,be incor- porated as part of the Minutes of that meeting. Mr. Mitchell took exception to Mr. Sullivan, City Planner writing to his principal stating that he had not properly presented papers in regard to the General Plan. Mr. Sullivan stated that this was proper to do. Mr. Mitchell explained that his General Plan was 95% finished in most areas, and 75 °10 finished in the other areas. Also, that he was going to Riverside to obtain information that would now be available from the 1979 -80 reports. Then the plan can be out together for any City Planner's satisfaction. Councilman Yoder left the Council Chambers at 4:49 p.m. and returned at 4:54 p.m. Mayor DeForge left the Council Chambers at 4:58 p.m. and returned at 5:03 p,m. The Council Meeting was adjourned for Executive Session at 5:20 p.m. Council reconvened at 5:40 p.m. 4. Mr. Don Danoldson presented a petition from the people around the park between Maple and Orange. They are having problems with speeding cars and excessive noise in this area. Several have tried to sell their homes and' have been unsuccessful; they attribute some of it to the problems in this area. There being no further business to come before the Council, the meeting was adjourned at 5:49 p.m. Respectfully submitted, � y La Verne Jones Ci ty Clerk BEAU`IONT CITY COUNCIL Minutes of July 14, 1980 The Beaumont City Council met in a Regular Meeting, called to order at 7:40 P.M., in the City Council Chambers at the Beaumont Civic Center, Monday, July 14, 1980, with Mayor DeForge presiding. Pledge of Allegiance to the Flag was lead by Councilman Hammel. Invocation was by Marc McAlpine, City Manager. On Roll Call the following Councilmen were present. Councilmen Shaw, Hammel, Yoder, Peterson and Mayor DeForge. A -1: The Minutes of the Special Council Meeting of June 25, 1980 were accepted as published. A -2: The Minutes of the Planning Commission Meeting of June 26, 1980 were corrected under Item 2, line 6, on Page 2, to read 864 `4ellwood Avenue rather than 846 Wellwood Avenue. Minutes were accepted as corrected. A -3: On Motion by Councilman Shaw, seconded by Councilman Peterson, the Citv Council of the City of Beaumont authorized the payment of the warrants as audited per Warrant List dated July 14, 1980, in the amount of $55,065.02, and payrolls of June 27, 1980 and July 11, 1980, in the amounts of $17,066.61 and $18,511.31 respectively. AYES: Councilman Hammel, Councilman Shaw, Councilman Peterson, Councilman Yoder, Mayor DeForge. NOES: None ABS: None A -4: Public Hearing on Resolution No. 1980 -17, Intention to Form a Lighting Maintenance District. Public Hearing was opened. Resolution No. 1980 -17 was read by the City Manager at the request of Mayor DeForge. Mayor DeForge then asked for protests from the floor. There were no protests from the floor, although several questions asked by the citizens were answered by the City Manager. A written protest filed by Mr. John Mullen was read by Mayor DeForge. Again, the City Manager explained the taxation aspect of the maintenance district, and no additional protest was stated by Mr. Mullen. Public Hearing was closed. On Motion by Councilman Yoder, seconded by Councilman Hammel, Resolution No. 1980 -17 was passed and approved. AYES: Councilman Hammel, Councilman Shaw, Councilman Peterson, Councilman Yoder, Mayor DeForge. NOES: None ABS: None A -5: Resolution No. 1980 -20, Authorizing City Manager to Enter into Memoranda of Understanding between City of Beaumont and Employee Units. The City Clerk read Resolution No. 1980 -20 at the request of Mayor DeForge. Mayor DeForge asked for the recommendation of the staff. The City Manager stated staff's recommendation is to authorize the City Manlver to enter into these `,temoranua of Understanding. Coi_mcilman Ha.mm-�l as!: i is this had to be d -,ids at this time, since he had been on vacation and had not studio d the Memoranda thoroughly, stating further he could see no hurry in approving this resolution. The City Manager replied, stating the element of time was important to the employees, since the effective date of the negotiated increases in salary was July 7, 1980, and the contracts expired on June 30, 1980, and that Council had met in Executive Session giving the City Manager authorization to negotiate the percentages he had, and implied if salary packages were settled within that figure, that it would be an approvable figure, and each of the employee units were expecting the agreements to be in full force and effect at this time. It was clarified to Councilman Hammel that in his absence, as well as the absence of Councilman Peterson, Council met with the City Manager and gave him the authorization to proceed with the negotiations. Council- man Peterson was asked to express his opinion since he was also absent from the Executive Session. Councilman Peterson stated he saw nothing indicating the employee would be evaluated prior to receiving his merit increase on his anniversary date. The City Manager explained that in fact this is the manner in which the merit increase is structured, and if the employee has not performed his duties as expected, then an increase would not be forthcoming. Discussion continued regarding the wording concerning the merit increase, and the City Manager indicated Addenda would be prepared to indicate specifically that a formal evaluation would be required prior to the employee receiving the merit increase. Councilman Yoder's opinion was askred by Councilman Hammel. Council- man Yoder stated that he thought what the City settled for was not out of line, since most of the cities were granting much more. The City Manager was formally instructed to prepare the Addenda to the Memoranda of Understanding concerning the evaluation. Councilman Peterson asked that it be reflected in the record that this is the same type of agreement the City has had in the past, and the City is not entering into any union agreement that it has not had before. The City Manager concurred this was true. On Motion by Councilman Shaw, seconded by Councilman Hammel, Resolution No. 1980 -20 was passed and approved. AYES: Councilmen Hammel, Shaw, Yoder, Peterson and Mayor DeForge. NOES: None ABS: None A -6: Lease Renewal - Beaumont School District. The lease renewal was explained by the City Manager, On Motion by Mayor DeForge, seconded by Councilman Shaw, and Addendum to Motion by Councilman Yoder, seconded by Councilman Hammel, the lease was renewed for a period of one year expiring June 30, 1981, with no option to renew, and the Mayor was authorized to sign the new lease agreement with the Beaumont School District. AYES: Councilman Hammel, Councilman Shaw, Councilman Yoder, Mayor DeForge.. NOES: None ABS: Councilman Peterson. AA- - -7: Award of bid for re- roofing portion of City Hall and Police Department, The City Manager explained that seven bids were received, and the staff recommendation for the award. Discussion between the Council and from the floor, and comments from Councilman Hammel regarding his review of the bids. Further discussion from the floor. Award of bid to be renegotiated and returned at next meeting, after items within the recommended bid were clarified. A -S: Report from City Manager regarding Pull Tab Ordinance for Elks Club. The report was read by the City Manager, and a letter from the Chief of Police of the City of Beaumont was read by Mayor DeForge. City Attorney clarified the fact that this was the opinion of the Attorney General, and is not law. There was further discus =ion regarr! n- r,: onir.ior.. 'Ir. 11 Breslin, of the Elks Club. spoke is favor of the pull tabs. On Motion by Councilman Yoder, seconded by Mayor DeForge, Council to deny adoption of an ordinance permitting pull tabs. AYES: Councilmen Hammel, Shaw, Peterson, Yoder and Mayor DeForge. NOES: None ABS: None A -9: Report and recommendation from City Manager concerning Selection of Consultant /Awarding of Contract - General Plan. The subject of selection of consultant /awarding of contract in re updating of the General Plan was explained by the City Manager, and the proposal received from fir. Irish Mitchell to update the General Plan for a fee of $5,000.00, considerably less than other proposals received, was discussed. Councilman Peterson asked Mr. Mitchell how long it would take him to have his document ready to submit to the State Office of Planning and Research. Mr. Mitchell indicated the updated General Plan will be ready for approval in three months from the date that the Agree- ment is entered into. The final payment will be contingent upon the approval of the State Office of Planning and Research and acceptance by the Council. Mr. Mitchell also agreed to a termination clause to be included in the Agreement, with a fifteen day written notice by the Council. On Motion by Councilman Peterson, seconded by Mayor DeForge, the Council agreed to accept the proposal received from Mr. Irish Mitchell to update the General Plan, with acceptance of the plan contingent upon the approval of the State Office of Planning and Research, the plan be ready for submittal to the State within ninety (90) days from the date of the Agreement, and with the final payment to be made only after approval by the State and acceptance by the Council. AYES: Councilman Hammel, Councilman Shaw, Councilman Peterson, Councilman Yoder, Mayor DeForge. NOES: None ABS: None A--10: Resolution No. 1980 -21, Certifying Adequate Rights of Way and Designating the City Engineer as the Authorized Representative for Certification of Right of Way for FAU Y432 Project. A -11 A -12 The resolution was read by Mayor DeForge. On Motion by Councilman Peterson, seconded by Councilman Hammel, Resolution No. 1980 -21 was passed and approved. AYES: Councilman Hammel, Councilman Shaw, Councilman Peterson, Councilman Yoder, Mayor DeForge. NOES: None ABS: None Report from City Manager concerning Parkway Leases - For Information Only. Appeal from John Mullen, Site Plan Review Approval, 864 and 950 Wellwood Avenue. After much discussion from the floor concerning whether or not this should have been shown as a public hearing, whether this is a valid appeal, and whether or not proper notice had been given, Attorney for Mr. John Mullen, Warren D. Pepiot, addressed the Council presenting Mr. Mullen's appeal of the decision of the Planning Commission approving the Site Plan Review for 950 ,h-11wood Avenue, and answered letter filed by attorney for Wayne J ttl:' (i! :'.?1� ��I' 1,ViI 11.L';i Br,.inicl,;. AttOi' fOI' tn( t Mr. Brun i r_l. , then to Mr. Pec Lot , pr .sent ing their view that the site meets all requirements. Discussion was continued in a question and answer session. (The following was discussed out of sequence, but will appear in the minutes as if discussed at this time). Appeal from Irish Mitchell regarding 864 Wellwood Avenue, 950 Wellwood Avenue and Tract No. 15026, was also considered under this agenda item. Mr. Mitchell requested the record reflect that the developer swears under oath they meet all minimum requirements. The developer agreed. Mr. Mitchell then withdrew his appeal on all issues. Motion by Mayor DeForge to deny the appeal filed by Mr. John Mullen. Motion died for lack of a second. Council agreed by common consent to take the-item under submission until the next council meeting. A -13: Appeal from Irish Mitchell, Lot Split at 1296 Pennsylvania Avenue. Mr. Irish Mitchell presented his appeal to the Council. Council requested the City Planner, Lewis Sullivan, to respond, and response was given. Further discussion from the floor. On Motion by Councilman Shaw, seconded by Councilman Yoder, appeal by Mr. Irish Mitchell denied. AYES:' Councilman Hammel, Councilman Shaw, Councilman Peterson, Councilman,Yoder, Mayor DeForge. NOES: None ABS: None ORAL COMMUNICATIONS: 1. Oral communication from Talmadge D. Barnes concerning traffic problem turned over to the Police Department. 2. Mr. Richard Pierson, Pacific Engineering, addressed the Council concerning Mr. Mitchell preparing the General Plan, recommending that further investigation of Mr. Mitchell should be instigated insofar as his qualifications to prepare an update to the General Plan are concerned. 3. Roger Berg addressed the Council in support of the City Planner and the good job he is doing. 4. Mr. Harold Blackaby addressed the Council regarding the General Plan, in general, and read a letter to the Council concerning the Eagles Lodge in operation at 690 Maple Avenue requesting some action be taken regarding the violations, and the fact that an application for a Conditional Use Permit has been accepted for consideration. Council requested the City ;Manager to investigate. The City Planner informed Mr. Blackaby what steps have been taken to date concerning this matter. Mayor Joseph E. "Duke" DeForge handed his letter of resignation as Mayor to Mayor Pro Tem, Carl Peterson, effective immediately. Resignation was accepted by Council with regret. Councilman Yoder left the Council Chambers at 9:15 P.M., returned at 9:20 P.M. Councilman Hammel left the Council Chambers at 9:35 P.M., returned at 9:38 P.M. M..% ,r D�-For (' left tho Council Charih;�rs it 9:30 P.M. , returned at 9:33 P.M. Cnunci.lman Yoder left the Council Caamb-rs at 10:18 P.M. returned at 10:22. There being no further business to come before the Council, the meeting was adjourned at 10:37 P.M. Respectfully submitted, Laverne Jones City Clerk BEAUMONT CITY COUNCIL MINUTES OF JULY 21, 1980 The Beaumont City Council met in a Regular Meeting at 7:30 P.M. in the City Council Chambers at the Beaumont Civic Center, Monday, July 21, 1980, with Mayor Pro Tem Peterson presiding. Pledge of Allegiance to the Flag was led by Councilman Hammel. Invocation was by the City Manager, Marc McAlpine. On Roll Call the following Councilmen were present. Councilman Hammel, Councilman Shaw, Councilman Yoder and Mayor Pro Tem Peterson. Prior to hearing the regularly scheduled agenda, a MOtion was made by Councilman Shaw, Seconded by Councilman Hammel, electing Mayor Pro Tem Carl Peterson as Mayor of the City of Beaumont. AYES: Councilman Hammel, Councilman Shaw, Councilman Yoder. NOES: None �f ABS: Mayor Pro Tem Peterson. On Motion of Councilman Shaw, Seconded by Councilman Yoder, Councilman Hammel was elected Mayor Pro Tem. AYES: Councilman Shaw, Councilman Yoder, Councilman Hammel, Mayor Peterson. NOES: None. ABS: None. A -1: The Minutes of the Regular Council Meeting of July 14, 1980 were accepted as published. A -2: The Minutes of the Regular Planning Commission Meeting of July 10, 1980 were accepted as published. A -3: On Motion of Councilman Shaw, Seconded by Councilman Yoder, the City Council of the City of Beaumont authorized the payment of the warrants as audited per Warrant List dated July 21, 1980, in the amount of $4,12 7.66. AYES: Councilman Hammel, Councilman Shaw, Councilman Yoder, Mayor Peterson. NOES: None. ABS: None. Request for letter to LAFCO regarding proposed annexations - Riveria General Developers and Inland Real Estate Sales. v On Motion of Councilman Yoder, Seconded by Councilman Shaw, the City Council of the City of Beaumont looks favorably on the proposed annexations requested by Riveria General Developers and Inland Real Estate Sales, the subject property being located directly adjacent to the western city limit boundary, and continuing to Elm Street, and in a contiguous line from these city limits, and staff was instructed to write a letter to LAFCO to this effect. AYES: Councilman Hammel, Councilman Shaw, Councilman Yoder, Mayor Peterson. NOES: None. ABS: None. A -5: City Hall and Police Department Re -Roof /Award of Bid. ti Mark Veirs of Kluk Roofing explained what Kluk Roofing proposes to do in the re- roofing of the City Hall and Police Department for the amount bid. Mr. Veirs indicated he would be happy to - 1 - incorporate everything they propose to do in the contract, in the event it was not specifically stated. Mr. Elliott, of Elliott Roofing, addressed the Council to the effect that the bids were not consistent since all the roofing companies were not clearly shown just what was to be re- roofed, as a result his bid covered a larger area of the roof, and, consequently, his bid was much higher. After further discussion, it was suggested that someone, either two or three roofing contractors, or someone else knowledgeable in this particular area, prepare a diagram of exactly what needs to be done to the roofs, and then submit this diagram and specifications for re -bid. Mr. Elliott indicated that Elliott Roofing withdraws their bid, and will not submit a new bid. It was further suggested by Councilman Yoder that the Building Inspector, Doug Fisher, be present when the roof is being inspected for the purpose of taking notes for the information of the Council. On Motion of Councilman Shaw, Seconded by Councilman Yoder, the City Council moved to obtain new bids for the re- roofing of a portion of City Hall and the Police Department. AYES: Councilman Shaw, Councilman Yoder, Mayor Peterson. NOES: Councilman.Hammel. ABS: None A -G: Appeal by John Mullen of Planning Commission Decision regarding property at 950 Wellwood Avenue. n The City Planner explained that an amended site plan had been D I submitted by the developer which meets all the requirements. \ This amended site plan is to be re- submitted to staff and the 11 Planning Commission. On Motion by Councilman Yoder, Seconded by Councilman Shaw, the Amended Site Plan was referred back to the Planning Commission for review. AYES: Councilman Hammel, Councilman Shaw, Councilman Yoder, Mayor Peterson. NOES: None. ABS: None. A -7: Appeal by Irish Mitchell of Planning Commission Decision - Conditional Use Permit - Swap Meet. On Motion by Councilman Yoder, Seconded by Councilman Shaw, the p City Council accepted the appeal filed by Mr. Mitchell, and set the date of August 25, 1980, at 7 :30 P.M., for the public 11 hearing of this appeal. AYES: Councilman Hammel, Councilman Shaw, Councilman Yoder, Mayor Peterson. NOES: None. ABS: None. ORAL COMMUNICATIONS: 1. Mr. Glenn Stall addressed the Council regarding the report made public on July 7, 1980 by the Beaumont - Cherry Valley Water District, in particular the Basic Facilities Fees. Mr. Stall indicated the report was false making statements that were not true. The district claim that Proposition 13 and 4 are to blame for these fees is not correct. The fees that this district collects has nothing to do with property taxes. Mr. Stall said his main concern with this report is the capital improvements shown for 1980, $535.100; 1981, $550,000; and 1982, $330,000. The major portion of phis money budgeted for capital improvements is for Cherry Valley. - 2 - Mr. Stall further stated he understands there is a movement underway to split the water district, and if this happens the major portion of the budget will have been spent in Cherry Valley, and not in Beaumont. Mr. Stall then recommended that the City Attorney place an injunction against the Water District to prevent their implementation of the excessive fees against the citizens of Beaumont. The Council was provided with a copy of the Water District Report for their review. 2. Mr. John Mullen addressed the Council concerning his appeal listed as Item No. 6 on the Agenda, asking if the Council denied the appeal, accepted the appeal, or just what the Council action was. Mr. Mullen was advised the appeal was accepted, and the Amended Site Plan was referred back to the Planning Commission. 3. Mr. Jack Blankenship addressed the Council concerning the water district, indicating that the water board is controlled by the three Cherry Valley representatives at this.time, and they are taking advantage of this situation while they can before the voting at large becomes effective, at which time Beaumont would then control the water district. Mr. Blankenship strongly recommended that representatives of the City of Beaumont should make it a point to attend the water district meetings so they will see what is happening. Mayor Peterson stated he expected to have a report from the City Attorney by the next regular Council meeting concerning these charges. 4. Mr. Harold Blackabee, 662 Maple Avenue, addressed the Council concerning the operation of the Eagles Lodge at 690 Maple. Mr. Blackabee claims they are in violation of the building code and Ordinance 490, and he would like to know what has happened concerning his request at the last Council meeting. The City Manager advised that the staff is still in the process of their research and analysis of this situation. The City Planner, Lewis Sullivan, advised that the Eagles had to apply for a Conditional Use Permit within thirty days from the date of the letter written to them by the City, and this application was filed within that period of time. This application is set for hearing before the Planning Commission at their regular meeting on July 24, and proper notice of this has been given. When this is heard by the Planning Commission they will either issue or deny the Conditional Use Permit. Mr. Blackabee said the Eagles Lodge is in violation of State Laws, and he urged the City Council to instruct the enforce- ment of these laws, and to postpone the public hearing presently set for the Conditional Use Permit application. Mr. Blackabee was advised that a public hearing must be held to determine what action should be taken. At the request of a member of the audience, Mr. Sullivan read his letter to the Eagles Lodge in which it was stated they are in violation of the Zoning Ordinance, and they must apply for a Conditional Use Permit within thirty days from the date of the letter. 5. Mr. Tom Welch addressed the Council concerning Irish Mitchell disrupting h -s business at the swap meet, saying that Mr. Mitchell said he was sent there by Councilman Peterson and Councilman Hammel to inspect the area. Additionally, today he received a letter from the Project Management Company questioning whether or not he has a resale permit (which he does) and who he buys his merchandise from (which, in his - 3 - opinion, is no concern of the Council). He wants to know what right they have to come out and disrupt his business. He does not want anyone out there harrassing him, or the other sellers, or the buyers. 6. Mr. James Dancy, owner of Jim's Security Patrol in the City for the past five years, addressed the Council questioning the fact that the City of Beaumont does not have an exten- sive background check on qualifications to run a business such as his, as other cities do. The City Manager was instructed to take this under consideration. 7. Mr. Oscar Leeb submitted a letter to the Council in May of 1980 requesting $15,000.00 for the Volunteer Fire Department for the services they provide. He has had no response to this letter. Has there been any consideration of the City budget - is the volunteer fire department considered in the budget - where do they stand? The City Manager advised Mr. Leeb the budget has been submitted to the City Council Finance Committee for recommendation. The Volunteer Fire Department is included in the budget, however he could not recall the exact amount, but the Council has not yet brought forth their recommenda- tions and corrections to finalize the budget. At this time Council was going to adjourn to an Executive Session to consid- er options of selecting a new council member. Council was advised that this didn't constitute an Executive personnel session, therefore they did not adjourn. The City Manager briefly stated the two options and informed Council that they each have a copy of the Government Code concerning appointment or election. Council must appoint within thirty (30) days, or call for an election. Council requested the City Clerk to find out if the City can consolidate with the November General Election. There was discussion effective. As of th tion. On Motion by City Council Mayor Joseph concerning when Mr. DeForge's resignation became is date Council had not formally accepted the resigna- Councilman Hammel, Seconded by Councilman Shaw, the of the City of Beaumont accepts the resignation of E. "Duke" DeForge effective July 21, 1980. AYES: Councilman Hammel, Councilman Shaw, Mayor Peterson. NOES: None. ABS: Councilman Yoder On Motion by Councilman Yoder, Seconded by Councilman Hammel, the vacancy of the Council seat be filled by an election. `ls AYES: Councilman Hammel, f Mayor Peterson. NOES: None. ABS: None. Councilman Shaw, Councilman Yoder, There being no further business to come before the Council, the meeting was adjourned at 9:40 P.M. Respectfully submitted, SHERON WATKINS, Deputy City Clerk - 4 - BEAUMONT CITY COUNC I L MINUTES OF SPECIAL MEETING JULY 23, 1980 The Beaumont City Council met in a Special Meeting on Wednesday, July 23, 1980, in the City Manager's Conference Room at the Beaumont Civic Center. The meeting was called to order at 2:04 P.M. with Mayor Peterson presiding. Pledge of Allegiance to the Flag was led by Councilman Yoder. Invocation was by the City Manager, Marc McAlpine. On Roll Call the following Councilmen were present. Councilman Shaw, Councilman Yoder and Mayor Peterson.. Councilman Hammel was absent. A -1: Resolution No. 1980 -22 - Requesting the Board of Supervisors of the County of Riverside to Consolidate a Special.Municipal Election of the City of Beaumont with the State Wide General Election to be held on Tuesday, November 4, 1980. On Motion by Councilman Shaw, Seconded by Councilman Yoder, I Resolution No. 1980 -22 was passed and approved. AYES: Councilman Shaw, Councilman Yoder, Mayor Peterson. NOES: None. ABS: None. A -2: Resolution No. 1980 -23 - Calling and Giving Notice of the Holding of a Special Municipal Election to be held on Tuesday, November 4, 1980, for the Election of Member of the City 1 Council of the City of Beaumont. ' On Motion by Councilman Yoder, Seconded by Councilman Shaw, Resolution No. 1980 -23 was passed and approved. l AYES: Councilman Shaw, Councilman Yoder, Mayor Peterson. NOES: None. ABS: None. A -3: Resolution No. 1980 -24 - Adopting Regulations for Candidates for Elective Office, Pertaining to Materials Submitted to the Electorate and the Costs Thereof, for the Special Munici- pal Election to be held on Tuesday, November 4, 1980. On Motion by Councilman Shaw, Seconded by Councilman Yoder, Zj Resolution No. 1980 -24 was passed and approved. AYES: Councilman Shaw, Councilman Yoder, Mayor Peterson. NOES: None. ABS: None. There being no further business to come before the Council, the meeting was adjourned at 2:35 P.M. Respectfully submitted, SHERON WATKINS, Deputy City Clerk J BEAUMONT CITY COUNCIL Minutes of Special Meeting of August 18, 1980 The Beaumont City Council met in a Special Meeting, called to order at 5:00 P.M., in the City Council Chambers at the Beaumont Civic Center, Monday, August 18, 1980, with Mayor Carl Peterson presiding. Pledge of Allegiance to the Flag was lead by Councilman Yoder. Invocation was given by Marc McAlpine, City Manager. On Roll Call the following Councilmen were present: Councilman Shaw, Councilman Hammel, Councilman Yoder, Mayor Peterson. Mayor Peterson announced the first order of business for the meeting was the consideration to be given as to whether or not the building permit for the proposed construction at 864 Wellwood shall remain in effect, or whether it shall be revoked, and opened the floor to discussion. The City Manager addressed the Council regarding this property site plan, and pointed out the several problems associated with this proposed construction, and the site plan of this construction, and enumerated the Iar'o ' specific problems as follows: 1. The 15 foot setback cannot be used for the necessary parking required, pursuant to Ordinance 490, Section 802(d) . It should be noted, however, there is a development on Edgar Avenue on the east side of the street, between 9th and 10th Streets, which is an almost exact duplication of what the developer of 864 Wellwood is proposing. 2. The proposed parking at the rear of this site abuts an alley, which appears to be in violation of Ordinance 490, Section 105. It should also be noted that there are at least nine such existing uses in the area. 3. The densities allowed under the current General Plan, under the Land Use Section, could be construed to be less than the density proposed for this site. The City Manager further stated these problems are subject to interpreta- tion, and it now falls to the City Council to make the final interpretations. Councilman Hammel addressed the Council, and the floor, regarding the actions taken last week (while the City Manager and the Mayor were on vacation) by the three councilmen remaining in the City. He pointed out no decision was made at the last Council meeting regarding 864 Wellwood. Last Thursday he was informed that construction was proceeding at 864 Wellwood. He immediately went to the site to confirm this was a fact. He then contacted Councilmen Shaw and Yoder, and they concurred in a stop construction action. This was in accordance Nvith the law as far as he knew. Councilman Hammel issued a "Red Tag" Stop Construction Order through the Acting City Manager and the Building Inspector. On checking the site he found the "Red Tag" had apparently never been posted. (See comments from staff to follow). Councilman Hammel then read a letter written by Sheron Watkins for the City Council ordering the Building Department to place the Stop Construction Order against the proposed construction at 864 Zellwood Avenue. Councilman Hammel then read a letter he received from the attorney for the developer, E. Wayne Simmons, to the effect the developer had been issued valid building permits, and had been told by the City Staff that he was in total compliance with the City of Beaumont's Ordinance and Building Regulations, and that he, as attorney for the developer, had advised his client to continue construction at 864 Wellwood Avenue. Mr. Irish Mitchell addressed the Council questioning the staff as to whether or not they were acquainted with the various ordinances. The City Planner replied they were. Mr. Mitchell then proceeded to define the purpose of a variance, and asked the staff if they agreed, which they did. Mr. Mitchell then gave a chronological rundown as to what actions had been taken concerning 864 Wellwood, both the City's and his. Mr. Mitchell then " read a lengthY report concerning 864 Wellwood, and containing many criticisms of the staff. Mayor Peterson asked if there were any other comments. Councilman Hammel stated he wanted the City Manager to ask the staff what the staff's interest is in this particular project, because it seems they cannot get it settled. Mayor Peterson commented that his personal appeasement would be the vote, that is what is in it for him; and, also, that he was informed that he would be run out of office if he voted against this 864 Wellwood project, but this will not effect his thinking or his vote. The City Planner, Lewis Sullivan, addressed the Council concerning the question regarding the parking interpretation, stating that in R -3 Zoning there is a 15 foot setback requirement, with no parking in the front yard area. This development has a setback of 20 feet, with the five carports at the 20 foot setback with a driveway crossing the front yard area, and no parking within the 15 foot front yard setback. This is basically what any single family dwelling with a three car garage would have. Marie Carmichal addressed the Council and said the residents of the neighborhood do not want to see a concrete front yard. They want the area to look nicer, not less nice. Mr. James Abshere, who resides at 870 Wellwood Avenue, addressed the Council regarding an eight unit apartment house on the north side of his residence, with eight garages on the alley; no garages in the front and no lawn in the front (all rock); and 864 Wellwood is being construc- ted right on his property line next door to him. There is no place to park now, because the people in the apartments don use the alley and their garage parking because of theft problems. He wanted to know how that many more people (referring to 864 Wellwood) were going to find parking where there is none now. There isn't enough room to install a driveway in the front of the proposed construction. He has problems now with the people from the other apartment complex blocking his driveway and parking in front of his house, without the additional problem of 864 Wellwood. This completed the discussion and it was suggested that a motion be drafted. On Motion by Councilman Yoder, seconded by Councilman Hammel, the City Council has determined that the Site Plan for 864 Wellwood Avenue is in violation of Ordinance 490, Sections 802(d) and Section 105 (Definition of Alley), and the San Gorgonio Pass General Plan, Chapter 4, Land Use, concerning densities. It is further determined by the Council that continued construction is in violation of the ordinances of the City of Beaumont, and the Council moves to revoke the existing building permit and to issue no further building permits until a conforming Site Plan is on file. AYES: Councilmen Hammel, Shaw, Yoder and Mayor Peterson. NOES: None. ABS: None Lewis Sullivan requested to address the Council, and stated that he and Doug Fisher, the Building Inspector, did, in fact, attempt to post the "Red Tag" when first requested to do so, at 864 Wellwood, however, no one was working at that-time, so they carried it over until the next day when someone should be on the site. That it was posted at the first opportunity, and they did everything they were legally required to do. Mr. James Abshere addressed the Council, stating that living next door to the site he has watched everything that is going on there, and saw Mr. Sullivan and Mr. Fisher (pointing to them) give the "pink card" (referring to the "Red Tag ") to the man, and the workers kept working and the man left. Councilman Hammel stated when he went to the site the next morning nothing was posted so he felt they had failed in their duty. John Mullen asked for the resignation of the City Manager, Acting City Manager, Building Inspector, Planning Director and the Planning Commission. The meeting adjourned to an Executive Session at 6:05 P.M. The meeting reconvened at 6:10 P.M. Date set for the next Study Session Monday, August 25, 1980, at 7:00 P.M. in the City Manager's Office. Date set for the next regular Council Meeting, Monday, August 25, 1980, at 7:30 P.M. in the Council Chambers. There being no further business before the Council, the meeting was adjourned at 6:15 P.M. Respectfully submitted, "Theresa Thompson Deputy City Clerk 1 B 11 { III �:-�jT�S OF AD -LUST 23, 1950 The Beaumont City Council Met in a Regular Mfeeting at 7:30 P.M., in the City Council Cha.:.bers at the Bea!_,r�ont Civic Center, Monday, August 25, 19SJ w4� h Mayor Peterson pr�si;"Jin­ Piedge of :allegiance to the Fla; was led b�: Councilmen Si.a�v. Invocation ,vas liven by Re,.era7, d W. W. Bre::er. On Roll Call the foliowin.g Coiinci!me-, were present: Councilman Shaw, Councilman Hammel, % iayor Peterson . Prior to hearing the regularly scheduled agenda, Mayor Peterson read the resl,-nation of Councilman Yoder. f.�iOn Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont accepts the resignation of Councilman Jack Yoder. AYES: Councilman Shaw, Councilman Hammel, !Mayor Peterson. NOES: None. ABS: None. A -1: The Minutes of the Regular Council Meeting of July 21, 1980 were corrected to reflect the correct spelling of Mr. Glenn Stull's name. The Minutes were approved as corrected. A -2: The Minutes of the Special Council Meeting or July 23, 1980 were approved as published. A -3: The Minutes of the Special Council Meeting of August 18, 1980 were approved as published. A -4: The %finutes of the Regular Planning Commission Meeting of July 24, 1980 were accepted as published. A -5: Councilman Shaw questioned the approval by the Planning Commis- sion of barbed wire fencing at Yates Industries at their regular meeting of August 14, 1980. The City Planner explained the approval. Mayor Peterson asked if this approval placed the City in an inordinate position liability- ;vise. The City Attorney said it would be advisable to have had a "hold harmless" agree- ment provided by the applicant, but since it was too late for that, perhaps Yates should be asked to assure the City they have proper coverage for liability of this type. The City Attorney further stated that, in the future, it would be advisable to request the applicant to furnish the City with a "hold harmless" agreement, or some other form of agreement recommended by the insurance carrier. The City Attorney further suggested the City Council request the Planning Commission to hold a re- hearing on this application and request that a "hold harmless" agreement be executed by the applicant. On fiction by Councilman, Sha%v, seconded by Councilman Hammel, the Minutes of the Regular Planning Commission Meeting of August 14, 1980 were tabled until the question of liability has been resolved. AYES: Councilman Siaa ;v, Councilman Hammel, `,Savor Peterson. NOES: None. ABS : None . A -C: On Motion by Councilman Sna.,'v, seconded by Councilman Hammel, the City Council of the City of z3eal- u-nont authorized the payment of the warrants as audited per Warrant List dated August 25, 1980, in the amount of $111,805.55. -i 1mL':1 J:t.�'. _ .•. ... _ Jr �° .?rSO�i On Motion by L,ou: ci , 17,1,1 Shaw, se. n �1 ..n Ha City Council of City of Beaum,;r:- author_-r._1; the pa :-=nt of payrolls of July 25, 1980, August 3, 1930 and August 2`?, 1950, in the amounts of S_1, 7 3.32, S2'?,063.6 -i 3nd 323,04 .26 respectively. AYE'S: Councilman Shaw, Councilman Hammel, 1fa %or Peterson. NOES: None. ABS: None. A -7: Oral Commnun i cat ion: Mrs. Helen Ward, who resides at 1232 'Maple A,.'enue, addressed the Council regarding the condition of Maple A,:e:1._:e. The City Manager stated that he and the Cit_. Engineer had physi- cally surveyed the street, and that the City "Engineer made several observations as to courses of action the City could take to alleviate this problem. The Council requested airs. Ward to restate her complaint regarding the condition of Maple Avenue, and 'sirs. Yard complied, stating the street was completely destroyed. She doesn't see how it could even be repaired, it would have to be reconstructed, , widened, etc. It was determined the street is a public ri 7ht- of-.vay, over which the City of Beaumont has jurisdiction and control. Mr. Edward Schoenfeld, who resides at 1265 Maple Avenue, addressed the Council stating that he contacted the City Hall about three years ago regarding a hole in front of his residence which caused one of his visitors to fall when leaving his home. All he tried to do at that time was have the hole patched to avoid a lawsuit. Since that time he now has more than one hole in front of his driveway and yard. The City Attorney stated that, legally, the City should endeavor to keep any street as safe as possible. Mrs. Mary Sigh (spelling uncertain) , who resides at 1264 maple Avenue, stated about four years ago there was an article in the newspaper saying so much money was alloted to fix Maple Avenue, and that they would soon start. It has been at least four years now - what happened to the money? Mr. Mosier, who owns 412 feet on !Maple Avenue, stated that he came to the City Hall about the first of May a year ago, and gave them an easement to widen the street, and it was agreed that they would pave the street, and put in a berm, and change the fence on his property. They agreed to do it last summer, but it has never been done. He has come to the City Hall a couple of times since that time and inquired about it, and the last time he was here he told the City that if they were not going to do anything about it, he wanted them to tear up the easement, and when they got ready to put the street in he would make a new contract. He is willing to cooperate in any way he can, but he wants to be compensated for the land. The City Manager was instructed to see if there is any record of this easement, and, if so, if it has been recorded. Mr. Angel Figueroa, who resides at 1255 Maple Avenue, addressed_ the Council stating that the majority of the neighbors on that street are present at the-Council meeting tonight. He has been a resident on the street since 1973, and has been told from the beginning that the street was going to be repaired, and year after year he has gotten different excuses. He talked with Mr. De Forge when he was the Mayor and one of the excuses was that we need a dedication of an easement. Mr. Mosier has just con- firmed that he has done that. He again approached Mr. DeForge and was told the money that had been allocated for Maple Avenue had to be used to re- stripe Beaumont Avenue after the foul -up regarding the left -turn pockets. Since that money had been 1sed, they ( the residents) would have to '•ins% Sit ti7ht I=ti1 there is more money. The Citv engineer was then requested to give his recommendations. Mr. Dotson stated there had not been one statement made by the audience that he did not agree with. He pointed out there were two problems being mentioned. The primary problem is riding surface (safety hazard, comfort) . The..right- of -�•ay problem, which is caused by the house on the corner of 12th Street, is a secondary problem. The two should not be confused. He feels the resident's primary concern is comfort and safay- t, and listed the options as follows: 1. A'sign can be placed on the street indicating a five mile per hour speed limit due to safety hazard. 2. Ask the City crews to level out the bumps with about 50 to 100 tons of asphalt at a cost of approximately $2,000.00 for the material, with no charge for the labor. 3. Completely rebuild the street at a cost of $40,000.00 in materials and related expenses. If it is contracted, the cost would be $60,000.00. 1 Councilman Shaw asked if the $40,000.00 was the bottom line for which the road could be reconstructed? :Mr. Dotson replied yes, in his opinion. Councilman Hammel asked if our own crew could do a satisfactory job. Mr. Dotson replied yes, supplemented by outside labor. !Mr. Dotson then discussed financing methods. There is no money in the General Fund with which to rebuild the street. There will be no grant forthcoming. The only remaining option of which Mr. Dotson is aware would be an assessment district. This would mean the residents of the street, who would be benefited by the expenditure, could form an assessment district, and put it over a fifteen year bond issue at a cost of approximately $10.00 per month. There was much discussion from the concerned residents regarding why they should have to pay for the street, rather than the City. In answer to a comment by an unidentified citizen, Mayor Peterson stated that if the money was set aside four years ago to repair Maple Avenue, it would not have been held until last December to re- stripe Beaumont Avenue. Having only been on the Council for a year and a half, he does not know what went on four years ago. He is not giving that as an excuse, but is letting everyone know the Council needs to look into it. Mayor Peterson then pointed out the budget has not yet been finalized, and because of this fact they can do some kind of shifting of funds to try to get this problem solved, and the Council would work toward that end. Mayor Peterson also announced that, effective tonight, there are no more commissions within the Council. All the Council will be working together with equal responsibility and authority among all parts of the City. Councilman Hammel asked a show of hands from those residents of Maple avenue. There were twelve residents present. Mr. Councilman then asked those residents if they would be willing to underwrite a repair of the street costing $20,000.00. The residents were not willing to do so. A -8: Progress Report from Consultant - General Plan. Mr. Irish !Mitchell addressed the Council stating the General Plan is complete with just a few details to finish. That he has contacted the head of this area for the housing element, ' and went through the entire housing element with them, and mailed it in to them as their said it sounded perfectly all ri:;h 7 . The consultant tce -z J .:e =c __d __.._ to have an opportunity to sit down with the Council and o over the plan s they can see what is in it - what the cor;mi t tee has recomn:rndtt d - ana obtain any ideas or sug;e_tiors the Council may have that would be beneficial. He has a'.1 of tae statistical data - all of the basic reports on all districts (water, flood, etc.) - all of the statistical data from SCAG, and has followed completely on Title 25 and the required report. A -9: Public Hearing. Appeal by Irish Mitcheil of Planning Commission dec_sion to issue Cony ir.ional USe Pe=i_ to Swap !feet n The P� - I�5 Public Hearing was opened for d�scussi�r.. Sir. Irish Mitchell addressed the Colanc l stating this was not actually an appeal against the Swap beet for any specific purpose It is an appeal a -ainst the .:canner in which the permit was issued, and the manner int —ich tae permit was drawn. There are many things situated at the Swap Meet that were not included in the Conditional Use Permit. He is not saying this is wrong, but if you say a "swap meet ", it should be defined. In all probability 95 0 of the things would be allowed. fie doesn't want to see them closed down because of one or two simple violations. They should say what they want to do - The Council and. /or the Commission should write down what they can do and give them a permit for doing that - and rhea keep everybody off their back when they are operating straig:.t. Councilman Hammel stated that in order for this City to operate you have to have funds. These funds have to come from someplace. This permit should be issued on the basis of six months at a time, to be renewed at the end of each six month period. The City of Beaumont should receive $1.00 from each table each day of each meet as a license fee. Councilman Hammel then read a list of proposed conditions. Mayor Peterson suggested that Councilman Hammel point out that it isn't just because Mrs. Bell collects a fee per table, but in other cities, which he chec:�ed, there is a fee. The only city who does not have a fee is the City of Beaumont. There was continued discussion between Councilman Hammel, Mayor Peterson and Mrs. Gladys Bell, the owner of the Swap yieet. a Mayor Peterson stated the Council was not going to go over the conditions right now, one by one. They would schedule atime to j sit down and talk about them rationally, put them in writing - item for item - then there is no argument. Mayor Peterson advised the Council and the audience that there are three options: 1. The Council may deny the Conditional Use Permit. 2. The Council may modify the Permit, adding new conditions or changing existing ones. 3. The Council may concur with the Planning Commission and grant the Permit with the existing conditions. On Motion by Councilman Hammel, seconded by Councilman Shaw, the City Council of the City of Beaumont will meet with Mrs. Bell, listing what she fees she must absolutely have in order to operate, and listing what the City feels will be a benefit to the City, and the Conditional Use Permit will be worked out for the Swao Meet. AYES: Councilman Shaw, Councilman Hammel, Mayor Peterson NOES: None. ABS: None. A-10: Ordinance No. 516 - Tabled. k -1_: Ordinance No. 517 - Tabled. A -12. Resolution No. 1960 -25 - Tabled. A -13: Resolution No. 1950 -26 - Agreeing to Furnish !Mutual Aid to the County of Riverside ,9;.e , Requested by the Sheriff. The City Manager read the Resolution in its entirety. On Motion by Councilman Shaw, seconded by Councilman Hammel, The City Council of the City of Beaumont adopts Resolution No 19SO -26 agreeing to furnish mutual aid to the Co'-L'it'; Of t9 Riverside :_when requested by the Sheriff. AYES: Councilman Hamr:el, Councilman Shaw, Mayor Peterson. NOES: None. ABS: None. A -14: Resolution No. 1980 -27 - Fixing Rate for the Bond and Interest Indebtedness for the Fiscal Year 80 -81. The Resolution was read in its entirety by the City Manager. C� 0,03 The City Manager then explained the tax rate. v On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont adopts Resolution No. 1980 -27 fixing the rate for the bond and interest indebtedness for the Fiscal Year SO -Sl. AYES: Councilman Haanmel, Councilman Shaw, Mayor Peterson. NOES: None. ABS: None. A -15: Resolution No. 1980 -28 - Acknowledging Offer of Dedication of Road Right -of -Way and Authorizing Agreement for Suspension of Improvements, Land Division No. P.S. 1980 -5. The City Engineer, Jim Dotson, explained the resolution. after discussion from the floor, and comments from the Council, it was agreed that Councilman Hammel will contact all property owners to get the permission for the right -of -way. On Motion by Councilman Hammel, seconded by Councilman Shaw, the City Council of the City of Beaumont moves to set this resolution aside until the property owners on the street have been contacted by Councilman Hammel. AYES: Councilman Hammel, Councilman Shaw, Mayor Peterson. NOES: None. ABS: None. A -16: Resolution lication o Resolution 12S' Resolution ;Manager. No. 1950 -29 - Establishing Procedures for the Pub - f Ordinances and Public Notices; and, Repealing No. 1976 -33. No. 1980 -29 was read in its entirety by the City The City Manager answered questions from the audience regarding this resolution. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont adopts Resolution No. 1980 -29 establishing procedures for the publication of ordinances and public notices; and, repealing Resolution No. 1976 -33. AYES: Councilman Hammel, Councilman Shaw, Mayor Peterson. NOES: None. ABS: None. A -17: Resolution No. 1980 -30 - Accepting Grant of Easement and Authorizing the Recordation of Same, Elmwood Tract. The City ',fanager briefly explained the resolution and then read the resolution in its entiret :7. Q e:S t (r1 r: � 11 Cl ll J.�i,e i l s l r'.l _ .L l' i i rota, t he f loo r. On Mo c in_n b• C,�,;.. i _n Sh;zw , secon,_' : d by Coun Oilman ii__..... i . _ r. ;I I, Cit'. Cc ' :.: . _ C� y of Beat -, ­j -I ado0 I.- Solution accept =. _ l::i'i" �: �1`�. :'.C, ^.t and 3llLnorizin7 the recorda_ioq J:. sane, E AYES . Co 1, Councilman Shaer, Mayor Peterson. NOES A -18. Ao- , d_ i . _ ., ., _ . _ _ _. c �',. :, off the azen ca at the :ec ues t of Be'. -.. _.. .. L. _. _ i L A -19. CIaim JI .-.. _?� _ _ � "' � �r rJn :sora! Injuries . The City %'1aa Via_ ad ised the Council of the background of this �• claim. On Motion by Councilman Shaw, seconded by Councilman Harro.el, the City Council of the City of Beaumont denies the claim of Rafael Sarabia, and turns the claim over to the City's insurance carrier. AYES : Coen :ci Iman Ha :�:mel , Councilman Shaw, Mayor Peterson. NG S : `ion ABS: done . A -20: Letter from Beaumont and Associates requesting Council authorize a letter to LAFCO stating the City is not opposed to their proposed annexation. o1?,- The proposed annexation and the purpose of the letter to LAFCO ), ve e ':iJ ?r_•� 07 t, e City wianager Questions by the Council r we_e by the laity Manager. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont authorizes a letter to LAFCO stating the City is not opposed to this proposed annexation. AYES: Councilman Hammel, Councilman Shaw, Mayor Peterson. NOES: None. ABS: None. A-21: Letter from Ray B. Schooley requesting Council authorize a letter to LAFCO stating this City is not opposed to his proposed a.nne xat ion . The pr(3Cosed anne- <aticn was explained by the City Manager, and the purpose of the letter to LAFCO was explained. �Z On Notion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont authorizes a ltter to LAFCO stating the City is not opposed to this proposed annexation. AYES: Councilman Ha Y^:el, Councilman Shaw, Mayor Peterson. NOES: -None. ABS: -None. A -22: Letter from the Beaumont Chamber of Commerce requesting the City deed a parcel of city-owned land to the Chamber of Commerce for constr,1ction of the C'narnber's permanent offices. George Valencia, :tanager of the Chamber of Commerce, addressed p� the CoLL':cil, ex_l'l.ining tae Chamber's re^t1eSt, and Ca111IIg t0 the Councils attention that if they do not utilize their Laura ���• Stewart Fund donation %vir.hirj a certain period of time, the money must be `e t erne d to the Laura Stewart Fund. It was ascertained there= -,- as no legal reason the City has to deed the iand .- tae Chamber. a 99 year lease for 51.00 would be The City Manag •r explained exactly }hat the property was and the size, and thtare 'Nero questions as to whether or nor tilia property was large enough to be developed. There was fur t:1er discussion concerning the space, a 99 year lease, and taxaz'_:a of the property. It was recommended by the City Attorney that the tax question should be checked with the County Assessor. It was also pointed out that if the Chamber were to pay for this on their own, a lease would not work because they would have to finance a portion of the expense, and would not be able to produce a trust deed as security. Motion bv; Councilman Hammel to reject the sale and lease ;.ire land died for lack of a second. On Motion by Councilman Shaw, seconded by Councilman Harr_ eI, the City Council of the City of Beaumont tabled this issue until --lie nest regular meeting of the Council, presently set for September 8, 1980. AYES: Councilman Hammel, Councilman Shaw, Mayor Peterson. NOES: None. ABS: None. A' -23: Letter from Banning- 3eaumont- Cherry Valley Board of Realtors asking Council action concerning implec:eniation of new facility fees by the Beaumont- Cherry Valley Water District. Glenn Stull, representing the Board of Realtors, addressed the Council, giving a brief background of the problem before the Council. 11r. Stull then read a list of the detrimental effects F {, of the new facility fees on the community. Mr. Stull they asked the City to take action requesting the Water District to hold the fees in abeyance for a period of ninety days. The City Attorney explained the legal aspects and outlined the City's options in protesting these rate changes. It was determined that a letter of protest would be more advisable than a resolution. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont agrees to present a letter of protest to the Water District stating their concern regarding the facility fees, and requesting the fees be held in abeyance for ninety days until such time as more public input has been received. AYES: Councilman Hammel, Councilman Shaw, Mayor Peterson. NOES: None. ABS: None. A' -24: Letter from William L. Jett, Jett's Prescription Pharmacy, Inc. regarding the Beaumont Police Department; and Report from the Chief of Police concerning same Mr. William Jett addressed the Council concerning a robbery which took place at his pharmacy on July 17, at 4:30 P.M. He stated the police were called at 4:40 P.M., and were informed a hold -up was in progress and the hold -up man was in the store. He further stated two other telephone calls followed, and the robber was in the store for ten minutes, and left unmolested because the police did not arrive for fifteen minutes. Mr. Jett then stated he had four witnesses who would verify re- garding the poor response time. Chief of Police Rgbert Bridges responded, stating their records reflect a response time of two minutes. Chief Bridges then advised the Council what actions were taken by the Police Department, including the response by Sgt. Brinks, Detective Racadio and himself, in addition to the initial responding officer, all in separate cars. on to s ay the it s g3t_on and i- Tlc'., L5 1 :�1 � °_ _L COC,iiiCL 6'iL 7 LC F? staCe.T.' :rs :n J.1 'flr. Jett an-1 _:!e v. . In light of 11115, ti;e ,problem, ca:-,iiot be S_;:`e that time, howe%._r ste_s ha,,e been ta:�en to alle•riate a problem, Of this type by installing a time clock which will time stamp th-e exact time a car is dispatched. Also, tae exact lan_ua�;e of the calling party will be used (which does make a diifere:ce on the police officer's response time). Thirdly, it is custcmary, when a robbery is taking place, to try to get a description of the person at once. This policy has been changed - immediately upon receiving the call, the dispatcher will ask the calling party to hold, and will then dispatch the officer. The dispatcher wit_ then resu,,a s, eaking with the calling party, telling t hem a car is on the way, and will then attempt to get a description of the person committing the robbery. Council set an Adjourned `fleeting for Wednesday, August 27, 1980, at 2:00 P.M. , to discuss the Si=, ons Building Permits, the Update of the General Plan by Irisa ',.itceil, and a Budget Session. There being no further business before the Council, the Council then adjourned to an Executive Personnel Session at 10:15 P.M. Respectfully submitted, T?iFR SA DepLAy City Clerk COL: :C L BE:a[:%1GNT CITY I MINi:TES OF AD•JOC'F_\;ED OF August 27, 1980 The Beaumont City Council met in an adjour:ed Tee-kin -.t 2:08 P.2., in the City Council Chambers at the Beaumont Civic Cen -r, , ednesday, August 27, 1980„ with Mayor Peterson presiding. Pledge of Allegiance to the Flag was led by Col_,nciir,,a Sha.v. Invocation was given by the City Manager, Marc ',icAipine. On Roll Call the following Councilmen were present: Councilman Hammel, Councilman Shaw, Mayor Peterson. Due to the fact the City Attorney had not yet arrived, the Council opened the meeting with Agenda Item No. 2, General Plan Update. A-1: Building Permit Review - 864 tiellwood Avenue. `favor Peterson addressed the Council stating That since Mr. Simmons and his attorney had both declined to attend this meeting, and the Council had previously reviewed the building permits on August 18, 1980 (a meeting of which fir. Simmons had been duly notified) , he did not feel the Council should bother to re -hear the matter at this time. In answer to a auestion from the G�ty Attorney, the City Manager conli.rmec the _acc tna 'ir . S -4 ons , and n?s attorney, were personally notified of this meeting. In the City Attorney's opinion, he agreed it would not make good sense to re -hear the matter, since the reason for the second hearing was due to the fact that lair. Simmons and his attorney were not at the meeting of August 18. In view of the circumstances - Mr. Simmons' attorney requested a meeting - but has now declined to meet with the .Council - the Council is discharged from any further responsibility. A -2: General, -Plan Update. The consultant, Irish Mitchell, addressed tae Council, stating that, as he had earlier advised, the General Plan is ready for presentation to the Council, however, it �I would take about 2 -1/2 to 3 hours, and suggested it might be better for all concerned if a meeting was set where the presentation of the General Plan could be heard by itself. After discussion between the Council and fir. Mitchell, a study session was set for September 8, 1980, at 6:30 P.M., in the City Manager's Office, with two additional study sessions to be scheduled prior to the next two regularly scheduled Council meetings. A -3: Review of 80 -81 Budget. Before beginning the review of the budget, the City manager called to the attention of the Council the fact he had just been notified by Southern California Edison they will not continue to maintain the city -owned streetlights unless they are converted to the high - pressure SC.aium vapor lights. The cone rs Lon will cost approximately 310 , 000 -15, 000 (an item which is not included in the present draft of the budget) , and it may be more cost effective for a new maintenance contract to be executed with another firm. The proposed budget was explaine.: by t e Final-,_e Director anti the City Manager item by ite-'. and questions asked by tht, Council were ans•.rered by either the City %lana_Nr or the Finance Director. Important factors of the budget were clarified, as follows: 1. Proposition 4, Expenditure Limitations and Revenue Limitations. 2. The budget allcws for S2 Millicr, in revenues and 52.1 Million in expenses. The difference is to be made up of carryover funds for unfinis ed projects. Ll 1 3. Due to the fact the revenue figures will probably change, changing the picture of the budget, a mid -gear budget review wa.s suggested by the City Manager. 4. It was pointed out the revenue figures are based on the City's per capita. On the basis of the new census figures, they show Beaumont at 6,049, almost 1,000 less in population than the special census taken in 1973. This newest -census figure is being contested. At the conclusion of this budget review, the City Council of the City of Seaumont. set September 10, 1950 at 7:00 P.M., in the Council Chambers, as the date for a Public Hearing to finalize the Fiscal Year 80 -81 Budget. Meeting 'adjourned at 5:35 P.M. to a Personnel Executive Session. Date set for next regularly scheduled study session, September 8, 1980, at 6:30 P.M., in the City Manager's Office. Date set for next regularly scheduled Council Meeting, Monday, September 3, 1980, at 7:30 P.M. in the Council Chambers. There being no further business before the Council, the meeting ad- journed at P. tiI . Respectfully submitted, Ther 5a Thompson/ -1 Depuiy City Clerk ' `- c I BEAULMONT CITY COUNCIL MINUTES OF SEPTEMBER 8, 1980 The Beaumont City Council met in a Regular Meeting at 7:37 P.M., in the City Council Chambers at the Beaumont Civic Center, Monday, September 8, 1980, with M� ayor Peterson presiding. Pledge of Allegiance to the Flag was led by Councilman Hammel. Invocation was given by Reverand Ron Davidson. On Roll Call the following Councilmen were present: Councilman Shaw, Councilman Hammel, Mayor Peterson. Prior to hearing the regularly scheduled Agenda, the temporary Building Inspector, Irish Mitchell, was sworn in by the City Clerk. A -1: The Minutes of the Regular Council Meeting of August 25, 1980 were approved as published. A -2: The Minutes of the Adjourned City Council Meeting of August 27, 1980 , were approved as published. A -3: The Minutes of the Regular Planning Commission Meeting of August 28, 1980 were accepted as published. A -4: On Motion by Councilman Shaw, Seconded by Councilman Hammel, the City Council of the City of Beaumont authorized the payment of warrants as audited per S4-arrant List dated September 8, 1980, in the amount of 445,698.92. AYES: Coun c.i lman Shaw, Councilman H a-mme l , Mayor Peterson. NOES: None. ABS: None. On ;Motion by Councilman Shaw, Seconded by Councilman Hammel, the City Council of the City of Beaumont authorized pa \-ment of the payroll of September 5, 1.980 in the amount of $22,_163.73. AYES: Councilman Shaw, NOES: None. ABS: None. A -5: ORAL COMMUNICATION: Councilman Hammel, tiayor Peterson. A) Status Report - Animal Welfare Committee. Martin Goodman, President of the Animal Welfare Committee, addressed the Council. He first asked them to give considera- tion regarding a ruling changing the police whereby Beaumont now euthanasies animals after a period of three working days, asking the Council to extend that to five working days. Mr. Goodman then informed the Council what the Committee has accomplished in their endeavor to reopen the Beaumont Animal Shelter, and asked the Council if there have been any monies set aside to assist the Co=ittee in their goal. Mr. Goodman was advised there is nothing set aside at this time for the animal shelter. The City Manager was instructed to research what it will take to extend the three day limit to five days before the animals are destroyed. This would then be discussed at the next meeting of the Council if it can be done legally. Also, research should be made concerning licensing of adult dogs, and a resolution thereof. B) Mr. Luigi Renna addressed the Council concerning non - E't' J C', n2 C)f III- c -1 -.' C�.'d : nance on A -6: A Proclamation of the City Council of the City of Beaumont, California proclaiming September 21 -27, 1980 as Cystic Fibrosis Week. The Proclamation was read in its entirety by the City Manager. 1� b On Motion by Councilman Shave, Seconded by Councilman Hammel, the City Council of the City of Beaumont, California proclaimed September 21 -27, 1980 as Cystic Fibrosis meek. AYES: Councilman Shaw, Councilman Hammel, Mayor Peterson. NOES: None. ABS: None. A -7: A Proclamation of the City Council of the City of Beaumont, California proclaiming October 24, 1980 as United Nations Day. The Proclamation was read in its entirety bt- the City Manager. Councilman Hammel requested all civic organizations and businesses to display the American Flag on October 24 in honor of United Nations Day. On Motion by Councilman Hammel, Seconded by Councilman Shaw, the City Council of the City of Beaumont, California proclaimed October 24, 1980 as United Nations Day. AYES: Councilman Shaw, Councilman Hammel, Mayor Peterson. NOES: None. ABS: None. A -8: Ordinance No. 516 - Designating those City Officials who may Proclaim a Local Emergency and Act Pursuant to Mutual Aid Agreements and the California Emergency Services Act. Ip0 p'V The Ordinance was read in its entirety by the City Mlanager. On Motion by Councilman Shaw, Seconded by Councilman Hammel, the City Council of the City of Beaumont passed Ordinance No. 516 for its first reading. AYES: Councilman Shaw, Councilman Hammel, Mayor Peterson. NOES: None. ABS: None. A -9: Ordinance No. 517 - Prohibiting Possession of Alcoholic Beverage Containers in Public Places. The Ordinance was read in its entirety by the City Manage'. f)3�.�� On Motion by Councilman Hammel, Seconded by Councilman Shaw, 1- the City Council of the City of Beaumont passed Ordinance No. 517 for its first reading. AYES: Councilman Shaw, Councilman Hammel, Mayor Peterson. NOES: None. ABS: None. A -10: Ordinance No. 518 - Regulating the Hours of Operation of City - 0-,.ned Parks. The Ordinance was. read in its entirety by the City Manager. It was noted that an additional sentence vk•as to be added to Section I,. Three, Exceptions, to the effect that this exception did not 3 3 apply to Article C of Section One of this Ordinance. � � Disc,.asion u-as heard from the floor concerning this Ordinance. The City Manager was instructed to ask the insurance carrier regarding the City's liability for allowing alcoholic beverages in the pavilion during an organized function. • � r On Motion by Councilman Shaw, Seconded by Councilman Hammel, the City Council of the City of Beaumont passed Ordinance No. 518 for its first reading. AYES: Councilman Shaw, Councilman Hammel, Mayor Peterson. NOES: None. ABS : None. A -11: Ordinance No. 519 - Amending Ordinance 490, Section 203.1(6) Concerning Inoperable and /or Abandoned Vehicles. The Ordinance was read in its entirety by the City Manager. Questions from the floor were answered concerning this Ordinance. On Motion by Councilman Hammel, Seconded by Councilman Shaw, the City Council of the City of Beaumont passed Ordinance No. 519 for its first reading. ALES: Councilman Shaw, Councilman Hammel, Mayor Peterson. NOES: None. ABS: None. A -12: Resolution No. 1980 -31 - Approving Land Division No. P.S. 1980 -07. On Motion by Councilman Hammel, Seconded by Councilman Shaw, Resolution No. 1980 -31 was tabled for further study. AYES: Councilman Shaw, Councilman Hammel, Mayor Peterson. NOES: None. ABS: None. A -13: Request for Approval of Landscaping Around Girl Scout Hut. The letter to the City Council from the City Manager concerning this request was read by the City Manager. On Motion by Councilman Shaw, Seconded by Councilman Hammel, the 0 City Council of the City of Beaumont approves the concept of this I2P landscaping, and stipulates that the plan be turned over to the Public Works Director to oversee the project. AYES: Councilman Shaw, Councilman Hammel, Mayor Peterson. NOES: None. ABS: None. A -14: Appeal of Planning Commission Decision - Site Plan Review - by General Telephone Company. Mr. Gilbert Meyer, Building Engineer for General Telephone, addressed the Council concerning General Telephone's appeal. He stated they were accepting all of the conditions imposed by DI the Planning Commission, at a considerable cost, with the l(• exception of the condition stating General Telephone has to pave the alley from the property line to Ninth Street, which they are appealing. This would cost $5,000.00 which they feel is unreasonable to ask the telephone company to spend, when other residents of the area (in particular a lour apartment complex with their parking stalls in the rear whereby they use the alley for access) would be using the alley far more than General Telephone. This $5,000.00 could be used in the Beaumont area to improve the service. Mr. Herman Rahnau, representing the telephone company, ea-plained the proposed plan for the addition to the telephone building. There was further discussion for and against the appeal. On Motion by Councilman Hammel, Seconded by Councilman Shaw, the City Council of the City of Beaumont denied the appeal of the General Telephone Company, and concurred with the decision of the Planning Commission requiring G_neral Telephone to pave the glley from their property line to ;ninth Street. AYES: Councilman Shaw, DOES: None. ABS: None. Councilman Peterson, M� ayor Peterson. A -15: Purchase of Answering Service from General Telephone. �I v D The request for thepurchase of answering service equipment was read by Mlayor Peterson. Comments were heard from the floor. On Motion by Councilman Shaw, Seconded by Councilman Hammel, the City Council of the City of Beaumont grants the request of Mayor Peterson to purchase answering service equipment from General Telephone to be installed in his home, and to be returned to the City as City -owned equipment at such time as Mayor Peterson is no longer Mayor, at a cost of no more than $390.00. AYES: Councilman Shaw, Councilman Hammel. NOES: None. ABS: Mayor Peterson. A -16: Beaumont Chamber of Commerce request for Quarterly Allocation. The request for the quarterly allocation was explained by the 3 City Manager. 0 5 Councilman Hammel brought forward his adverse feelings regarding the allocation to the Chamber of Commerce. Mayor Peterson stated he felt the Council should do everything they can do to support the Chamber of Commerce. On Motion by Councilman Shaw, Seconded b�7 Mayor Peterson, the City Council of the City of Beaumont granted the quarterly allocation of 52,000.00 to the Chamber of Commerce. APES: Councilman Shaw, Councilman Hammel, Mayor Peterson. NOES: None. ABS: Tone. A -17: Dedication of Land to Chamber of Commerce. On Motion by Councilman Shaw' Seconded by Councilman Hammel, the 3 City Council of the City of Beaumont deeds the requested parcel of land to the Beaumont Chamber of Commerce for the sum of $1.00, r,D subject to the condition that if the property shall cease to be used for the purpose of a Chamber of Commerce, it shall revert to the City of Beaumont with reimbursement to the Chamber of Commerce for its fair market value of the improvements on _the property, or through a sale of such property if necessary. AYES: Councilman Shaw, Councilman Hammel, Mayor Peterson. ?NOES: None. ABS: None. The City Council adjourned to a Personnel Executive Session at 9:20 P.M. The City- Council returned from Personnel Executive Session and reconvened their regular meeting at 9:50 P.M. Add -Item: A -18: Relieving Planning Commission of Their Duties. On Motion by Councilman Hammel, Seconded by Councilman Shaw, the City Council of the City of Beaumont moves that the present lj members of the Planning Commission of the City of Beaumont be I relieved of their duties as such Commissioners effective September 8, 1980, and that the City Council expresses their appreciation for their past services to the People of Beaumont. APES: Councilm %n Shaw, Councilman Haunmel, Mayor Peterson. The Cite Council then authorized the Cit-.; Attorney to prepare an appro- priate Resolution designating the members of the City Council of the City of Beaumont as the Planning Commission of this City, without additional remuneration. The appropriate resolution shall be presented at the next regular Council Meeting. Date set for next regularly scheduled study session, September 22, 1980, at 6:30 P.M., in the City Manager' Office. , Date set for next regularly scheduled Council Meeting, September 22, 1980, at 7:30 P.M., in the Council Chambers. There being no further business before the Council, the meeting was adjourned at 10:10 P.M. Respectfully submitted, LA VE RNE JONES, / City Clerk BEAUMONT CITY COUNCIL MINUTES OF SPECIAL MEETING OF SEPTEMBER 18, 1980 The Beaumont City Council met in a Special Meeting at 4:00 P.M., in the City Council Chambers at the Beaumont Civic Center, Thursday, September 18, 1980, with Mayor Peterson presiding. Pledge of Allegiance was led by Councilman Hammel. A moment of silent prayer was held for the invocation. On Roll Call the following Councilmen were present: Councilman Hammel, Councilman Shaw, Mayor Peterson. A' -1: The minutes of the Regular Planning Commission Meeting of August 14, 1980. Tabled at the meeting of August 25, 1980 in order to determine the potential liability of the City in approving the installation of barbed wire at Yates Industries. It was confirmed by the City's insurance carrier that the City would assume no additional liabi- lity. On Motion by Councilman Shaw, seconded by Councilman Hammel, the Minutes of the Regular Planning Commission Meeting of August 14, 1980 were approved as published. AYES: Councilman Hammel, Councilman Shaw, Mayor Peterson. NOES: None. ABS: None. Prior to hearing Agenda Item No. 2, Mayor Peterson announced that the City I��• Council had appointed itself to serve in the capacity of the Planning Commission. A -2: Resolution No. 1980 -32 - Adopting an Interim Fiscal Year 80 -81 Budget and Approving Appropriation for the Fiscal Year Commencing July 1, 1980. The purpose of this resolution was explained by Mayor Peterson. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont adopts Resolution No. 1980 -32 adopting an interim fiscal year 80 -81 budget and approving appro- priation for the Fiscal Year Commencing July 1, 1980. A -3: Request for Sergeant John Funston to attend "Supervisor Development Course" pursuant to POST requirement. The request was explained by Chief Robert Bridges. There was no comment from the floor or from the Council. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont approved the request that Sergeant John Funston be allowed to attend the "Supervisor Development Course" to be held in Los Angeles. AYES: Councilman Hammel, Councilman Shaw, Mayor Peterson. NOES: None. ABS: None. A -4: Service Agreement between City of Beaumont and Irish D. Mitchell dba Project Management Company. The contract was explained by Mayor Peterson. The contract was read �' r,' in its entirety by the Deputy City Clerk. Mr. James B. Thompson addressed the Council, and his questions were answered by the. Council and the City Attorney. The Council answered a question from Mr. Roland Russell to the effect that a full -time building inspector would be hired by new management. Mr. Jim Blackmon addressed the Council stating his position against the service agreement with Mr. Mitchell, and additional discussion regarding the management of the City. There was further discussion from the floor concerning Mr. Mitchell and city management. Mayor Peterson called a five minute recess at 5:07 P.M. The meeting was reconvened at 5:16 P.M. On Motion by Councilman Shaw, seconded by Councilman Hammel, Agenda Item No. 4 was tabled until Agenda Item No. 6 is brought before the Council. AYES : Councilman Hammel, Councilman Shaw, Mayor Peterson. NOES: None. ABS: None. Agenda Item No. 4 was brought back before the Council out of sequence. It was recommended that Article 7 of the Agreement be changed as follows: This agreement is subject to review and approval by the insurance carrier responsible for insuring the City of Beaumont against all claims, accidents and incidents for acts and ommissions and the amount of insurance coverage held by the party of the second part. On Motion by Councilman Hammel, seconded by Councilman Shaw, the City Council of the City of Beaumont accepts the Service Agreement between the City of Beaumont and Irish D. Mitchell dba Project Management Company, subject to the amendment of Article 7 con- cerning insurance. AYES: Councilman Hammel, Councilman Shaw, Mayor Peterson. NOES: None. ABS: None. A -5: Appointment of City Councilman to fill vacancy created by the resignation of Councilman Yoder. L� p This Agenda Item was heard out of sequence. Mayor Peterson informed the audience of the Council's selection to fill the vacancy created by the resignation of Councilman . Yoder, and stated the qualifications of their selection. Mayor Peterson then introduced Mr. William Lowry. Mr. Lowry addressed the Council and the floor accepting the appointment. A -6: Hiring Management for the City. This Agenda Item was heard out of sequence. Mr. Ross Nammar was asked by Mayor Peterson to address the Council. Mr. Nammar explained the concept of his management group, who have proposed to furnish the City Manager function, the Planning Director function, Public Works administration, and the total management financial package, for a period of at least three months, estab- lishing procedures and guidelines for the management of the City, and providing a normal legal service interpretation. He then described the qualifications and experience offered by his management group. Many questions from the floor were answered by Mr. Nammar and the Council. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont hires the management firm of Sam Collaborates, headed by Ross Nammar, to provide the management functions for the City of Beaumont for a period of at least three months. AYES: Councilman Hammel, Councilman Shaw, Mayor Peterson. NOES: None. ABS: None. The City Council then adjourned to an Executive .:Personnel Session at 6:02 P.M. The regular session of the City Council was reconvened at 6:40 P.M. Date set for next regular Study Session, Monday, September 22, 1980, at 6:30 P.M., in the City Manager's Office. Date set for next regular Council Meeting, Monday, September 22, 1980, at 7:30 P.M., in the Council Chambers. There being no further business to come before the Council, the meeting was adjourned at 6:45 P.M. Respectfully submitted, Theresa Thompson Deputy City Clerk BEAUMONT CITY COUNCIL MINUTES OF SEPTEMBER 22, 1980 The Beaumont City Council met in a Regular Meeting at 7:30 P.M., in the City Council Chambers at the Beaumont Civic Center, Monday, September 22, 1980, with Mayor Peterson presiding. Pledge of Allegiance to the Flag was led by Councilman Shaw. Invocation was given by Reverand Harry Lansman. On Roll Call the following Councilmen were present: Councilman Hammel, Councilman Shaw, Mayor Peterson. A -1: Motion to appoint William Lowry as City Councilman to fill the vacancy created by the resignation of Jack Yoder. ( On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont appoints William Lowry as City Councilman to fill the vacancy created by the resignation of Councilman Jack Yoder. AYES : Councilman Hammel, Councilman Shaw, Mayor Peterson. NOES: None. ABS: None. t A -2: Swearing in of Councilman Lowry. William Lowry was sworn in as City Councilman of the City of Beaumont by the City Clerk. A -3: The Minutes of the Regular Council Meeting of September 8, 1980 were approved as published. A -4: (A) On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont authorized the payment of warrants as audited per Warrant List dated September 22, 1980, in the amount of $64,308.75. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. (B) On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont authorized payment of the payroll of September 19, 1980 in the amount of $21,282.73. AYES: Councilman Hammel, Mayor Peterson. NOES: None. ABS: None. A-5: ORAL COMMUNICATION: (A) Councilman Shaw, Councilman Lowry, Mrs. Helen Ward addressed the Council concerning the condition of Maple Avenue, and asked what the City was going to do about the street. Mr. Ross Nammar, Acting City Manager, addressed the Council and the floor explaining the methods of finance for street resurfacing and construction, and advised that staff would be researching the problem of reconstructing Maple Avenue, at which time it would be brought back before the Council at the next meeting. (B) Mayor Peterson made an announcement from Susan Frye, the Grants Administrator, concerning community block grant funds, and the setting of another public hearing to receive citizen input on how funds available, under Housing and Community Development Act, should be spent for the fiscal year 1981. Mayor Peterson then announced this Public Hearing will be held on September 29, 1980, at 6:30 P.M., in the Council Chambers. All interested citizens are encouraged to attend this meeting. Comments can be addressed to the Office of the City Clerk, Drawer 158, Beaumont, California, attention of Susan Frye. A -6: Second Reading. Ordinance No. 516 - Designating those City Offi- cials who may Proclaim a Local Emergency and Act Pursuant to Mutual Aid Agreements and the California Emergency Services Act. On Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council of the City of Beaumont waived reading the Ordinance 3p D in full, and adopts Ordinance No. 516, Designating those city officials who may proclaim a local emergency and act pursuant to mutual aid agreements and the California Emergency Services Act, at its second reading. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. The Ordinance was then read by title only by the City Clerk. A -7: Second Reading. Ordinance No. 517 - Prohibiting Possession of Alcoholic Beverage Containers in Public Places. The Ordinance was read in its entirety by the City Clerk. p L- Mr. Leroy Rimback, of Nancy Avenue, objected to Section 4 of Ila' Ordinance No. 517, stating as his reason that if you are going to make a law, there should be no exception to that law. Ross Nammar, Acting stating the reason with prior approval (such as the Cherry to continue to have to just anyone. City Manager, responded to the objection, for the exception was to allow those activities, by the Police Department, the staff, etc. , Festival, weddings, other organized activities) these activities - not to give a carte blanche Mr. Lyman Burhop also .addressed the Council opposing the Ordinance, and there was further discussion from Mr. Rimback, as well as Mr. Burhop, concerning the Ordinance, and their objections to it. Chief of Police Robert Bridges explained exactly what the Ordinance was written to prevent, and the fact that it would give the Police Department the ability to stop the trouble before it begins - be fore they become drunk and disorderly. Mr. Oscar Leeb addressed the Council, pointing out the Ordinance states you must be in the pavilion in order to comply with the exception. On Motion by Councilman Hammel, seconded by Councilman Shaw, the City Council of the City of Beaumont adopts Ordinance No. 517, Prohibiting Possession of alcoholic beverage containers in public places, at its second reading. AYES: Councilman Hammel, Councilman Shaw, Mayor Peterson. NOES: Councilman Lowry. ABS: None. A -8: Second Reading. Ordinance No. 518 - Regulating the Hours of Operation of City -Owned Parks. • The Ordinance was read in its entirety by the City Clerk. ))) L The Ordinance was explained by Mayor Peterson, and he then asked for comments from the floor. An unidentified member of the audience spoke in objection to the Ordinance, saying it was aimed at the youth of the community as a group, thereby discriminating against them. Mrs. Miller addressed the Council stating that the objections were not being made by residents of Beaumont. Those making objections were from outside the City. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont adopts Ordinance No. 518, regulating the hours of operation of city -owned parks, at its second reading. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. A -9: ' Second Reading. Ordinance No. 519 - Amending Ordinance No. 490, Section 203.1(6) Concerning Inoperable and /or Abandoned Vehicles. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont tables Ordinance No. 519 for further research. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. A -10: Resolution No. 1980 -25 - Establishing a Schedule of Fees to be Charged by the Planning and Public Works Departments for Various Services and Rescinding all Previous Resolutions in Conflict Herewith. There was discussion from the floor concerning these fees by Mr. Bernard Fagot and Mr. Frank Driml, but no objections. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont waived reading the Resolution in full, and adopts Resolution No. 1980 -25 establishing a schedule of fees to be charged by the planning and public works departments for various services and rescinding all previous resolutions in conflict herewith. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. The Resolution was then read by title only by the City Clerk. A -11: Resolution No. 1980 -28 - Acknowledging Offer of Dedication of Road Right -Of -Way and Authorizing Agreement of Suspension of Improvements for Land Division No. P.S. 1980 -5. r On Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council of the City of Beaumont tables Resolution No. 1980- 4 28. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. A -12: Resolution No. 1980 -31 - Approving Parcel Map No. P. S. 1980 -07. 2�. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont approves Resolution No. 1980 - p� 31. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, h9ayor Peterson. NOES: None. ABS: None. A -13: Resolution No. 1980 -33 - Determining the Amount of Property Tax Revenue to be Exchanged between the County of Riverside and the City of Beaumont relating to Annexation Number 24 to the City of Beaumont, LAFC # 80 -3903. The resolution was explained by the Acting City Manager, Mr. Ross �1 r Nammar. 1,f ) On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont waived reading the Resolution in full, and adopts Resolution No. 1980 -33, determining the amount of property tax revenue to be exchanged between the County of Riverside and the City of Beaumont relating to Annexation Number 24 to the City of Beaumont, LAFC # 80 -3903. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. A--14: Request from Roger Berg for the City to assume the responsibility for the street light installed by Mr. Berg on Euclid Avenue effective the date of Council action. Mr. Berg explained his request. � s On Motion by Councilman Hammel, seconded by Councilman Lowry, the City Council.of the City of Beaumont designates that the City will accept the responsibility of the cost of operation of the street light on Euclid Avenue, effective October 1, 1980. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. A -15: Written Communication from the residents of Maple Avenue. For Information Only. Mayor Peterson made an announcement regarding building inspections, and asked anyone who wishes a building inspection to give 24 hour notice. A -16: On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont adjourned to an Executive Session for Personnel and Litigation purposes. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. Adjourned to Executive Session at 8:34 P.M. On Motion by Councilman Hammel, seconded by Councilman Lowry, the City Council of the City of Beaumont reconvened into regular session at 9:45 P.M. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. Let the record show that no action was taken at the Executive Session at this time. There being no further business before the Council the meeting was ad- journed at 9:46 P.M. Respectfully submitted, Ci t�' BEAUMONT CITY COUNCIL MINUTES OF SPECIAL MEETING October 3, 1980 The Beaumont City Council met in a Special Session at 3:35 P.M., in the City Manager's Conference Room at the Beaumont Civic Center, Friday, October 3, 1980, with Mayor Peterson presiding. Pledge of Allegiance was led by Councilman Lowry. The invocation was dispensed with due to the informality of the meeting. On Roll Call the following Councilmen were present. Councilman Hammel, Councilman Shaw, Councilman Lowry and Mayor Peterson. A -1: Executive Session (Litigation and Personnel Matters) . Councilman Shaw moved that Council adjourn to Executive Session to discuss personnel and litigation matters. Seconded by Councilman Lowry. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. Adjourned into Executive Session at 3:36 P.M. Councilman Shaw moved that Council reconvene into regular session. Seconded by Councilman Lowry. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. Reconvened at 4:21 P.M. At this time Mayor Peterson asked if there was any further discussion on the legal staff services. There was no further discussion. Councilman Hammel moved that the legal services of Ed Taylor be terminated effective 12:01 A.M. , October 10, 1980, and the services of Cox and Warren, of Hemet, California, be engaged. 4 Seconded by Councilman Shaw. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. Councilman Hammel moved to adjourn, seconded by Councilman Shaw. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, M� ayor Peterson. NOES: None. ABS: None. Meeting adjourned at 4:31 P.M. ATTEST: Respectfully submitted, P7.n ' (,!n BEAUMONT CITY COUNCIL MINUTES OF OCTOBER 13, 1980 The Beaumont City Council met in a Regular Meeting at 7:35 P.M., in the City Council Chambers at the Beaumont Civic Center, Monday, October 13, 1980, with Mayor Peterson presiding. A -1: CALL TO ORDER: a. Pledge of Allegiance to the Flag was led by Councilman Hammel. b. Invocation was given by Mr. Ken Bride. C. On Roll Call the following Councilmen were present: Councilman Harmnel, Councilman Shaw, Councilman Lowry, Mayor Peterson. PLANNING COMMISSION: a. Site Plan Review - 84 Lumber Company - (First Street between Beaumont and Euclid). The site plan was explained by Mr. Ross Nammar, Consultant City Manager, as well as the conditions of approval. Mr. Nammar then answered questions from the Council and the floor. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont, acting in their capacity of Planning Commission, accepted the site plan of 84 Lumber Company, contingent upon their agreement to the twelve conditions of approval. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. b. ADD -ITEM - Approval of Final Tract Map No. 15621 for Fagot - Turner Project on Orange Avenue. This Final Tract Map was explained by the Consultant City Manager, as well as the Letter of Credit furnished to the City by the developers,in the amount of $20,000.00, guaranteeing that all site improvements will be completed— The Consultant City Manager recommended that the Final Tract Map be approved, and a resolution be adopted to that effect Mr. Nammar then answered questions from the Council. The Council reviewed the Final Tract Map, with the developer ans,xering questions. Due to certain questions regarding an easement, the City Council of the City of Beatm)ont, in their capacity of Planning Commission tabled this approval of final tract map for further research. A -2: APPROVAL OF MINUTES: On Motion by Councilman Shaw, seconded by Councilman Hammel, the ;Minutes of Special Council Meeting of September 18, 1980, of Regular Council Meeting of September 22, 1980, and Special Council— Meeting of October 3, 1980, were approved as published. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. A -3: APPROVAL OF PAYMENT OF WARRANTS AND PAYROLL: A -4: Ism coo Ai a. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont authorized the payment of warrants as audited per Warrant List dated October 13, 1980, in the amount of $51,761.05. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry:, Mayor Peterson. NOES: None. ABS: None. b. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont authorized the payment of the payroll of October 3, 1980, in the amount of $19,708.47. AYES: Councilman Hammel, Mayor Peterson. NOES: None. ABS: None. ORAL COMMUNICATION: Councilman Shaw, Councilman Lowry, a. Mr. Irish Mitchell addressed the Council, asking 'Mayor Peterson to read certain items from the proposed General Plan for clari- fication, stating that certain statements made by a newspaper were out of context and did not do service to either the General Plan, or to the committee who worked on the proposed General Plan. Mayor Peterson read the items marked by Mr. Mitchell. Mr. Mitchell further addressed the Council, stating it is illegal to represent a company as being a corporation without first filing papers with the State. No one person or group is exempt from this law. It is also illegal to do business in the City of Beaumont without first obtaining a business license. No one person or group is exempt from this law. He then made other statements concerning the legality of the consulting firm headed by Ross Nammar. Mr. Mitchell then requested a special review hearing of the journal plan draft that was prepared for the City of Beaumont -:- He also requested the City Council to call a special meeting with Mr. Nammar present, and have Mr. Nanmar produce a General Plan that has been recorded in the local planning survey of the State of California for the City of Hemet and City of San Jacinto. Also have him produce the new housing elements that are mandated for those two cities. He called the Council's attention to the list of items he has submitted to them for their review, stating that he had been .:. working on these items when his services were terminated, and that he assumes adequate steps have been taken since his leaving the employ of the City to insure that no needless damage claims will be filed against the City. b. Mayor Peterson addressed the floor concerning the disbanding of the Planning Commission, and the reasons for doing so. The Mayor then announced that he and the members of-the Council would like to receive letters of-application from the public for the planning commission. Any interested citizen of the City will be considered. The second item announced by the Mayor was concerning the estab- lishment of an Advisory Capacity Group to the City Council: PUBLIC HEARING: Citizen input regarding how funds available under the Housing and Community Development Act of 1974 (Seventh Year HCD -- Grant) should be spent for Fiscal Year 1981. At the request of the Mayor, the Consultant City Manager explained the grant funding. He then called attention to the staff report on A file which states that two public hearings had already been held, 4 and this was the third and final public hearing for the purpose of receiving citizen input, as the application deadline is October 15, 19 80 . Mr. Nammar further explained the recommendation of the Grant Coordi- nator for the funds to be spent for the installation of a traffic signal at 14th and Beaumont Avenue. In answer to a question by Mayor Peterson, Mr. Nammar advised the funding available was appro- ximately $62,000.00. The Public Hearing was opened at 8:30 P.M. by Mayor Peterson. Mr. Irish Mitchell stated that he had attended the first meeting, and had been working on possible projects during September, but had never had an opportunity to speak with anyone about them. He then handed a written proposal, with documentation, to the Consultant City Manager. An unidentified resident of Maple Avenue asked whether or not the reconstruction and repaving of Maple Avenue could be considered under this grant. The Consultant City Manager stated Maple Avenue could possibly qualify under the HCD, however, the problem is more of an urgency type, and he did not think they would want to wait for a year and a half to see it done. Mr. Brian Ross, Director of the Beaumont- Cherry Valley Park District, stated he had attended both the previous meetings. Recommendations made at those meetings were for park and recreation developments within the City, specifically for facilities for the Ninth Street ball park, which are in need of rehabilitation. Also, the Civic Center facilities, which have been closed for over a year. Mr. Ross further stated he felt a traffic light or street repairs were not in keeping with the intent of the grant, which is to benefit low income residents of the City. Mr. Toinny Thompson asked the City to consider doing something with the median between Pennsylvania and Highland Springs Road along Sixth Street. A beautification project including curb and gutter, landscaping, etc. , to improve the image of Beaumont. Ms. Violet Montez, a local artist, suggested painting a mural.-., on the restrooms in : the' parks to deter the graffiti that adorns them now, -and _thereby beautify the park, and volunteered - her skills as an artist to accomplish this. There were several-other suggestions from the audience,- and -- Mr. Nammar explained that these suggestions did not meet the_., requirements of the Grant. At the request of a member of the audience, Mayor Peterson read - the recommendation made by Mr. Mitchell: Trimming of the many trees and shrubs in the parkways of the City which cause hazardous conditions, i.e., blocking street signs, etc., and, in particular, create a hazard for the senior citizens, a low income group.. This project would also provide needed employment for loci income people. The above suggestion was endorsed by Mr. Harold Blackaby. In addition, he would like to see a regular traffic light at 6th =- Street and Maple Avenue, due to the fire department traffic and school traffic at that intersection. At the request of Mayor Peterson, the Grants Coordinator, Susan -- Frye, explained the research that had been done concerning: the traffic light, and the funding available from the City as well as the Grant. The Consultant City Manager advised the Council that $62,000.00 would be adequate to engineer and install a four -phase traffic signal at this location, with engineering for six -phase and ei j;ht-- phase. Further justification for the traffic signal were made by Mr. Mitchell and by Councilman Shaw. There being no further comments from the citizens, the public hearing was declared closed at 9:08 P.M. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont approved the filing of an application for the installation of a traffic signal at the intersection of 14th and Beaumont Avenue to be funded by the Seventh Year HCD Grant. AYES: Councilman Shaw, Councilman Hammel, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. A -6: RESOLUTION NO. 1980 -28: Acknowledging Offer of Dedication of Road Right -of -Way and Authorization to Suspend Improvements for Land Division - No. P. S. 1980 -5. Tabled until next meeting. A -7: AGREEMENT FOR PROSECUTION SERVICES between County of Riverside and City of Beaumont. This agreement was explained by the Consultant City Manager. There was no discussion from the Council or the floor. On Motion by Councilman Hammel, seconded by Councilman Lowry, the City Council of the City of Beaumont authorizes the Mayor of the City of Beaumont to execute an agreement for prosecution services with the County of Riverside. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson.. NOES': None.. ABS None. Before adjourning to the scheduled executive session, Councilman Hammel requested a few minutes to address the 'audience. Councilman Hammel informed the citizens .present that he had saved - the City money by investigating the cost of dumping at the Riverside County Dump, _which he found to be $9.00 a load for the City Trucks. After his-investigation the fee for dumping was reduced to $4.50 a load.-:_ Without his investigation, the City would still be'paying $9.00 -per load, and it - should have been checked out previously by the staff. . The second item he wished to call to the attention of the public,. was the fact that everyone knows the sewer plant is overloaded. -- But, in spite of this fact, the City was allowing a company from outside the City to dump their sewage in our sewer plant, and he feels this practice should be stopped immediately. He pointed out there was an agreement between this company and the= City, _which; in his opinion, was unbelievable, and he could not see how the City could have entered into an agreement such as this. He stated further that he went to the Riverside County Health Department and he was informed that anytime you dump raw sewage into this plant, your sewage plant becomes sour. This can be checked out at the Health Department. He then commended the other members of the Council, and the hard work- - they have performed 'in an effort to better the City of Beaumont.- : - That they don't just appear on Monday nights at the Council, but work every day. The Consultant City Manager was instructed to find out from the Finance Department what the City's fees were at the Riverside County Dump for the years 77 -78, 78 -79, 79 -80, and to the present time of 80 -81. A -8: EXECUTIVE SESSION - Personnel Matters. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont adjourned to an executive session for personnel matters at 9:25 P.M. AYES: Councilman Shaw, Councilman Hammel, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont reconvened to regular session at 10:48 P.M. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. Let the record show that no action was taken at the executive session at this time. Date set for next regular Study Session, October 27, 1980, at 6: 30 P.M. , in the City Manager's Conference Room. Date set for next regular Council Meeting, October 27, 1980, at 7:30 P.M., in the Council Chambers. There being no further business to come before the Council, the meeting was adjourned at 10:51 P.M. Respectfully submitted, LA VE RNE JONES,- City Clerk. City of Beaumont 13EAUMONT CITY COUNCIL MINUTUES OF OCTOBER 27, 1980 The Beaumont City Council met in a Regular Meeting at 7 :40 P.M., in the City Council Chambers at the Beaumont Civic Center, Monday, October 27, 1980, with Mayor Peterson presiding. A-1: CALL TO ORDER: a. Pledge of Allegiance to the Flag was led by Councilman Lowry. b. Invocation was given by Father John Domas. C. On Roll Call the following Councilmen were present: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. PLANNING COMMISSION: a. PROOF OF SURVEY - Land Division P.S. 1980 -08. Highland Springs Plaza ( Frank Driml) b. LAND DIVISION NO. 1980 -09 - (AB -KOV Corporation). On Motion by Councilman Shaw, seconded by Councilman Lowry, both Planning Commission agenda items were tabled by the City Council of the City of Beaumont for research concerning public notice. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. A -2: APPROVAL OF MINUTES: On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont approved the minutes of the Regular Council Meeting of October 13, 1980 as published. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. A -3: APPROVAL OF PAYMENT' OF WARRANTS AND PAYROLL: a. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont authorized the payment of warrants as audited per Warrant List dated October 27, 1980, in the amount of $41,150.50. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. b. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont authorized the payment of the payroll of October 17, 1980, in the amount of $18,943.28. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. A-4: ORAL COMMUNICATION: a. Mrs. Kathy Miller addressed the Council concerning the need for a stop sign at the intersection of Cherry Avenue and Cougar Way, and was advised by the Council the stop signs requested are in the jurisdiction of the County. Mrs. Miller was further advised the Council would write a letter to the County requesting that stop signs be installed at this location. b. Mrs. Lois Miller asked the Council why a person repairing a roof has to obtain a building permit, and was advised that when repairs to a building are over $50.00, and are not being done by the owner themselves, a building permit is required. C. Dr. Don Rusk addressed the Council and the floor concerning current electrical rates, and possible alternatives. d. Mrs. Helen Ward, of 1232 Maple Avenue, addressed the Council asking what progress has been made regarding Maple Avenue, and whether or not there will be curbs and sidewalks installed when the street is repaired. The Consultant City Manager informed Mrs. Ward that the City is waiting the proposal from the City Engineer, and that it was anticipated the street would be resurfaced in the next 2 -3 weeks. Due to the urgency of the matter, this is all that is contemplated at this time. The widening, curbs and gutters and reconstruction will not be done immediately., It will take at least 90 -120 days to engineer, go out to bid, etc., on the more complex reconstruction. e. Mr. Irish-Mitchell addressed the Council regarding credibi- lity, and read from a prepared statement. He then handed this written memorandum to the City Clerk for the City files. This memorandum concerned the Special Meeting held on September 18, 1980. f. Councilman Hammel addressed the floor concerning Massachusetts Avenue and 13th Street, stating there has been a lot of trouble at this location, and asking that something be done about it by the Police Department. g. Mayor Peterson addressed the floor concerning certain re- quests which have been made to the Consultant City Manager. 1. A report at the first meeting of each month con- cerning all projects, i.e., all federal funding, all street projects, anything that is going on. 2. That Council Agendas be closed on Tuesday prior to the Council Meetings, and delivered to the Council on Wednesday, to allow the Council sufficient time for appropriate research. 3. The Mayor then informed the floor that due to the capacity of the sewer plant, he has suggested that the City Attorney draft a moratorium on all multiple residential dwellings and spec residential dwellings, in order to give the City time to update Ordinance 490, the Subdivision Ordinances, and determine the direction regarding the sewer plant. The City Attorney recommended a moratorium of this type should be advertised giving the public an opportunity to appear at any meeting where a mora- torium is going to be acted upon, and the earliest this could be done would be the second week in November, and probably not until the first week in December. The Mayor clarified this moratorium would not affect projects now in process, and the span would probably be from 90 to 120 days. There was further discussion from the floor and from Mayor Peterson. i Mayor Peterson asked the Council if they concurred in asking the City Attorney and City Manager to draft a moratorium and begin notification of hearings. Let the record show all Councilmen agreed. 4. The Council further requested that one person be responsible for publishing of notices, and for the agenda, and asked that the names of those persons responsible be given to the Council in writing. Also, the recommendations by the City Attorney regarding any kind of action be given to the Council in writing. 5. That all location maps are given to the Council with their packets. 6. They need the names of the people requesting the action, all past actions taken by the City Planning Commission or City Council, stating the action that was taken and by whom, and the date of the action. Let the record show that all councilmen agreed. h. Mr. Daryl Thompson asked if Mr. Nammar was going to give his report as to his company's goals. In answer, Mr. Nammar indicated what the planned accomplishments were, i.e, re- establishment of the Planning Commission, re- evaluation of the building department staff, as well as rules, regulations and guidelines, etc. Mayor Peterson advised that under the conditions of the employment of Mr. Nammar's company, the first three months were to be for assessment, and the second three months would be for implementation of their recommendations. Mr. Thompson then asked for information concerning the pro- posed hiring of a Community Development person, and was advised that, basically, a Community Development Director would be overseeing the operation of both the Planning Department and Building Department. That a recommendation of this type would, of course, be subject to Council action. i. Mr. Joe Kovac, a member of the Board of Directors of the Water District, commended the Council, saying they were doing a good job. j. Mrs. Jack Martin addressed the Council concerning the coming election, and certain statements attributed to Mayor Peterson concerning the candidates. Mayor Peterson replied indicating that he was not being quoted accurately, and indicating the Council would be glad to call a Special Election in the event Mr. Lowry should win the election. There was further discussion from the Council and the floor concerning this matter. A' -5: APPROVAL'OF FINAL TRACT MAP NO. 15621 - (Fagot- Turner project on Orange) . There was discussion from the floor, from the City Attorney and from the Council concerning this Final Tract Map. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont tabled Agenda Items A -5 and A -6 until Agenda Item A -8 could be heard and acted upon by the Council. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. The following two motions were made after the Council acted upon Agenda Item A -8. Let the record show that Resolution No. 1980- 35, adopting the 1979 edition of the "Standard Specifications for Public Works Construction" and the "Riverside County Road Improvement Standards and Specifications dated November 11, 1977" was passed and adopted prior to the action taken on Agenda Item A -5 and Agenda Item A -6. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont approves Final Tract Map No. 15621. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. Resolution No. 1980 -39, Accepting the Final Map for Tract No. 15621 was read by title only by the City Clerk. On Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council of the City of Beaumont adopts Resolution No. 1980- 39, accepting the final map for Tract No. 15621. AYES: Councilman Hammel, Councilman Shaw, Councilman •Lowry`, Mayor Peterson. NOES: None. ABS: None. A -6: RESOLUTION NO. 19.80 -28 - Acknowledging Offer of Dedication of Road Right-of-Way and Authorization to Suspend Improvements for Land Division - No. P.S. 1980 -5. (Pascua - Cherry Avenue). It was recommended by the Consultant City Manager that Resolution No. 1980 -28 be adopted, with the understanding that the Offer of Dedication will be changed to read 451.34. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont adopts Resolution No. 1980 -28 by title only with the correction made to the Offer of Dedication. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. A -7: RESOLUTION NO. 1980 -34 - Delegating to the City Manager of Said City the Authority to Make Determinations Under Section 21025 of the Government Code. Section 21025 of the Government Code was read by the City Attorney, and was then explained by the City Attorney. Motion to delegate to the City Manager of Said City the Authority to make determinations under Section 21025 of the Government Code died for lack of a second. A =8: This Agenda Item was heard out of sequence. RESOLUTION NO. 1980 -35 - Adopting the 1979 Edition of the "Standard Specifications for Public Works Construction" and the "Riverside County Road Improvement Standards and Specifications dated November 11, 1977 ". Resolution No. 1980 -35 was explained by the Consultant City Manager, and was then read by title only by the City Clerk. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont adopts the 1979 edition of the "Standard Specifications for Public Works Construction" and the "Riverside County Road Improvement Standards and Specifica- tions dated November 11, 1977 ". AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. A -9: SB -325 ARTICLE 4 and ARTICLE 8 CLAIMS - Authorization for City Manager to Submit Claims. Agenda Item 9 was explained by the Consultant City Manager. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont authorizes the City Manager to Submit SB325 Article 4 and Article 8 Claims. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. A -10: FAU PROJECT - PENNSYLVANIA AVENUE - Extension of Time to CG Engineering. The extension of time was explained by the Consultant City Manager. On Motion by Councilman Hammel, seconded by Councilman Shaw, the City Council of the City of Beaumont grants a 120 day extension of time to CG Engineering. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, , Mayor Peterson. NOES: None. ABS: None.. A -11: MAYOR AND COUNCILMEN - COMMENTS /REPORTS a. RESOLUTION NO. 1980 -36 - Commending Joseph E. "Duke" DeForge, Former Mayor and Member of the City Council of Beaumont, California, and Expressing Thanks and Appreciation for His Exemplary Service Rendered to Said City. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont adopts Resolution No. 1980 -36 commending Joseph E. "Duke" DeForge, former Mayor and Member of the City Council of Beaumont, California, and expressing thanks and appreciation for his exemplary service rendered to said City. AYES: Councilman Hammel, Mayor Peterson. NOES: None. ABS: None. INFORMATION ITEM: Councilman Shaw, Councilman Lowry, The Consultant City Manager addressed the Council regarding the Conditional Use Permit issued to Gladys Bell of the Beaumont Swap Meet. He advised the Council that he had met with Mrs. Belland her attorney in an attempt to resolve the problem. He stated that his conclusion was that Mrs. Bell would have to reapply for a Conditional Use Permit for the Swap Meet. Mr. N ammar then outlined the business licenses which will have to be obtained, if not already obtained. The collection from each table by Mrs. Bell in lieu of individual business licenses. The conditions which will be recommended on which a Conditional Use Permit would be issued. Date set for next regular Study Session, November 10, 1980, at 6:30 P.M. in the City Manager's Conference Room. Date set for next regular Council Meeting, November 10, 1980, at 7:30 P.M., in the Council Chambers. There being no further business to come before the Council, the meeting was adjourned at 10:13 P.M. Respectfully submitted, LA VERNE JONES, CITY CLERK BEAUMONT CITY COUNCIL MINUTES OF SPECIAL MEETING OF NOVEMBER 3, 1980 The Beaumont City Council met in a Special Meeting at 4:00 P.M., in the City Manager's Conference Room at the Beaumont Civic Center, Monday, November 3, 1980, with Mayor Peterson presiding. Pledge of Allegiance to the Flag was led by Councilman Shaw. The invocation was dispensed with. On Roll Call the following Councilmen were present: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. ,y A -1: Award of Re- Roofing Bid for re- roofing City .y'all and Police Department/Courthouse. The bids and the conditions of the contract were explained by the Consultant City Manager. There was discussion from the floor and from the Council. On Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council of the City of Beaumont accepts the low bid of Elliott Roofing Company, in the amount of $37,120.00 AYES: Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: Councilman Hammel. ABS: None A -2: On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont adjourned to an Executive Session for Litigation Purposes at 4:27 P.M. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None ABS: None A -3: On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont reconvened to regular session at 6:46 P.M. There being no further business to come before the Council the meeting was adjourned at 6:49 P.M. Respectfully submitte c% s� Theresa Thompson, Deputy City Clerk BE AUMONT CITY COUNCIL MINUTES OF NOVEMBER 10, 1980 ,1-1 The Beaumont City Council met in a Regular Meeting at 7:42 P.M., in the City Council Chambers at the Beaumont Civic Center, Monday, November 10, 1980, with Mayor Peterson presiding. A-1: CALL TO ORDER: a. Pledge of Allegiance to the Flag was led by Councilman Hammel. b. Invocation was given by Reverand George Kreiger. C. On Roll Call the following Councilmen were present: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. PLANNING COMMISSION; a. PROOF OF SURVtY - Land Division No. P.S. 1980 -08. Applicant: Frank Driml (Highland Springs Plaza) Location: Highland Springs Road and Sixth Street. The proposed land division was explained by the Consultant City Manager. Councilman Lowry asked that the wording of Recommendation No. 2 be changed with the addition of the words: "and mitigating measures be submitted to the satisfaction of the City Engineer, and corrective measures as might be required". The City Engineer answered questions from the Council concerning the 30 -inch C.S.P. storm drain. After discussion, it was de- termined a clean out should also be required. Recommendation No. 5A will be changed to read: "30 -inch C.S.P. storm drain and the appropriate clean out as required by the City Engineer ". The question of public notice was raised by Mr. Mitchell, and his questions were answered by the City Attorney to the effect that a public notice is not required. On Motion by Councilman Lowry, seconded by Councilman Shaw, the Planning Commission of the City of Beaumont approves Land Division No. P.S. 1980 -08 pursuant to staff's recommendations, as amended by the Planning Commission. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. b. LAND DIVISION - No. P.S. 1980 -09. Applicant: AB -KOV Corporation Location: Beaumont Avenue and Brookside Avenue The proposed land division was explained by the Consultant City Manager. Discussion concerning this land division by the Council, with information forthcoming from Bill Bradley, representing AB -KOV Corporation, followed. On Motion by Councilman Shaw, seconded by Councilman Hammel, the Planning - Commission of -the' City of Beaumont approves Land -- Division -No = P .S.• 1980 -09, _ contingent upon incorporating physical ; improvements' /t cular =time, subject -to staff recommenda- t ions -1 -4 -. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. - NOES: None. - ABS : None c. SITE PLAN REVID4 - (Dental Clinic) . Applicant: Gene Heidenreich Location: Southeast Corner, 11th & Beaumont Avenue This site plan was explained by the Consultant City Manager, and the recommendations of the staff were read. Questions by the Planning Commission were answered by the deve- loper's engineer. It was determined that an additional recon-a­,endation should be added, or Recommendation No. 3, stating thai; an easement shall be granted to the City for sidewalk purposes. On Motion by Councilman Lowry, seconded by Councilman Shaw, the Planning Commission of the City of Beaumont approves the site _plan subject to Recommendations No. 1 -3 as proposed by the staff. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: Non-,. ABS: None. A-2: APPROVAL OF MINUTES: On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont approved the minutes of the Regular Council Meeting of October 27, 1980 as published. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. A -3: APPROVAL OF PAYMENT OF WARRANTS AND PAYROLL: a. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont authorized the payment of warrants as audited per Warrant List dated November 10, 1980, in the amount of $82,907.41. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. b. On Motion by Councilman Shaw, seconded by Councilman Lowry, The City Council of the City of Beaumont authorized the payment of the payroll of October 31, 1980, in the amount of $23,819.45. AYES: Councilman Hammel, Mayor Peterson. NOES: None. ABS: None. A-4: ORAL COMMUN I CATION: Councilman Shaw, Councilman Lowry, Tabled until A -10 (Executive Session) is completed. The following agenda item wa-s heard out of sequence. a. Luigi Renna Mrs. Renna read the letter written to the Council by Mr. Renna asking explanations to questions raised in the community. Bernard- Fagot answered charges of special consideration given to- Chis project ,.in Mr. Renna's letter stating -:they had a number: of public hearings before the Planning - Commission There was` not only special consideration given, but-in fact no consideration was given. Their project was delayed many times. Ile went -on -to say lie had read the article written - - - in the newspaper, and if they are going to be accused of being a special interest group, or if someone supposedly gave them some special consideration, he thought it would be appropriate to come up with some proof. All they did was what the City told them to do. The question was then raised concerning lot sizes. The Mayor read from Subdivision Ordinance 324, as amended by 393, 397, 424, 430, 471 and 483, showing that thelot sizes being used in the Fagot - Turner project conform to requirements. There was further discussion from the Council and from the floor concerning this subdivision. The Mayor informed Mr. Fagot and Mr. Turner that it appeared, through no fault of their own, they were issued by the City building permits far in advance of what they should have been. The City is now asking them to have their building permits re- issued according to the correct date. The conclusion of the Council that the building permits were illegal was questioned, and the City Attorney was instructed ; to check the legality of the building permits, and report to. the Council. A -5: RESOLUTION NO. 1980 -37 - Approving Land Division No. P.S. 1980 -08. Applicant: Frank Driml (Highland Springs Plaza) . Location: Highland Springs Road and Sixth Street. The Consultant City Manager advised the Council that Item No. II, on line 13 of this resolution, stating that Conditions 1 -5 in- clusive be complied with, and then change the present Item II to Item III. On Motion by Councilman Hammel, seconded by Councilman Lowry, the City Council of the City of Beaumont adopts Resolution No. 1980- 37 with the inclusion of Conditions 1 -5 inclusive as recommended by the Consultant City Manager. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. A -G: RESOLUTION NO. 1980 -38 - Approving Land Division No. 1980 -09. Applicant: AB -KOV Corporation. Location: Beaumont Avenue and Brookside Avenue. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont adopts Resolution No. 1980- 38 subject to staff recommendations 1 -4. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. A -7: Acceptance of City of Beaumont Fiscal Year 78 -79 and Fiscal Year 79 -80 Transit System Operation Financial Statement. These financial statements were explained by the Consultant City Manager. Questions from the Council were answered. The audience was informed specifically what these financial statements covered, and the explanation of the SB325 funding. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council-of-the City-of -- Beaumont - accepts the City of Beaumont­- Fiscal Year- 78 -7g and Fiscal Year -79 -80 Transit System Operation- Financial- :Stateme'nts -. -„ - AYES: Councilman Hammel, `Councilman Shaw, Councilman Lowry -, Mayor Peterson. NOES: None. ABS: None. A -8: Authorization for Engineering Services - ?.'aple Avenue. This request for authorization for engineering services was ex- plained by the Consultant City Manager. Councilman Lowry questioned the necessity of either engineering services or the work this would imply on Maple Avenue, stating that it appeared to him all it needed was ordinary maintenance work filling pot holes, etc. The City Engineer answered questions from the Council. The Consultant City Manager pointed out that the section between 12th and 13th would not last if it was only patched, or even just an overlay . A good rain would wash it. If you do not do a complete job it will not hold. This is the reason Mr. Dotson, the City engineer was asked to give the City a proposal for engineering services, so the City would know which way to go. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont authorizes engineering services in the amount of $4,000. JO for Maple Avenue. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. On Motion. by Councilman Lowry, seconded by Councilman Shaw, the City Council of the City of Beaumont adjourned to Executive Session regarding charges against the City, at 9:19 P.M. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. On Motion by Councilman Shaw, seconded by Mayor Peterson, the City Council of the City of Beaumont reconvened to regular session at 9:52 P.M. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. A -10: MAYOR AND COUNICI12 EN COMMENTS /REPORTS : a. Mayor Peterson announced that a plaque would be presented to former Mayor "Duke" De Forge from the City. That Mr. De Forge was unable to attend tonight, and the Mayor would deliver it to him personally. b. Councilman Hammel reported receiving a letter calling his attention to an illegal car wash being operated on Sundays in the parking lot of the Spa, and instructed the City Manager and the Chief of Police to investigate this car wash, and take the appropriate action. It was clarified that charitable organizations need only apply for a fee exempt license in order to have a car wash for fund raising purposes. C. Manny Baldi asked if the Planning Commission was going to he- re- established, and was informed that when the Council was back to a full five member Council, a new Planning Commission would be appointed. d. The Mayor- clari -fied the payment of legal fees by-the-City and by:_.the:-firm of:- ;.Ross_Nammar: =, == -The City will pay for the attorney.' -s; fees while he is sitting in a Council meeting, and /or anything.-- - the Council _ specifically requests of him. SAM Collarborates, the ' consulting firm of _Ross Nanunar, will pay the attorney when they need legal opinions, not the City, -in the day to day operation of the City. e. Mayor Peterson brought up the subject of the Swap Meet, and the zoning and conditional use permit problems. A public hearing concerning the swap meet has been scheduled for November 24 at the regular Council meeting. It was suggested by the Consultant City Manager that the Council submit their suggestions and recommendations to staff prior to this public hearing. d. Mayor Peterson informed the floor regarding the re- roofing bid which has recently been awarded. After looking into what was actually needed, it was determined that the specifications on which the bids were made were more than what was needed. That it was their recommendation that all bids be rejected, the specifications re- written and put out to bid again. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont rescinds their motion at Council Meeting of November 3, 1980 awarding the roofing bid to Elliott Roofing Company, and by this motion reject all bids, and request t.he` staff to re -write the roofing bid specifications, and bid them again. AYES: Councilman Hammel, Councilman Sham, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. Date set for next regular Study Session , November 24, 1980, at 7:00 P.M., in the City Manager's Conference Room. Date set for next regular Council Meeting, November 24, 1980, at 7:30 P.M. , in the Council Chambers. There being no further business to come before the Council, the meeting was adjourned at 10 :49 P.M. Respectfully submitted, —SHERON WATKINS , Deputy City Clerk BEAUMONT CITY COUNCIL MINUTES OF NOVEMBER 24, 1980 The Beaumont City Council met in a Regular Meeting at 7:40 P.M., in the City Council Chambers at the Beaumont Civic Center, Monday, November 24, 1980, with Mayor Peterson presiding. A -1: CALL TO ORDER: a. Pledge of Allegiance to the Flag was led by Councilman Lowry. b. Invocation was given by Reverand Donald Heermans. c, On Roll Call the following Councilmen were present: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. A -2: RESOLUTION NO. 1980 -46 - Reciting the Fact of the Special Municipal Election Held in Said City on November 4, 1980, De- claring the Result Thereof and Such Other Matters are Provided by Law. On Motion by Councilman Shaw, seconded by Councilman Lowry, the Resolution was read by title only. AYES: Councilman Hammel,,Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. The City Clerk read Resolution No. 1980 -46 by title only. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont adopts Resolution No. 1980- 46. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None ABS: None A -3: Jack Blankenship was sworn in as City Councilman of the City of Beaumont by the City Clerk. PLANNING COMMISSION: a. PUBLIC HEARING: Conditional Use Permit No. 80 -03. APPLICANT: Southern Conditional Gas Company LOCATION: 251 East First Street The Consultant City Manager explained the application for Condi- tional Use Permit, and the recommendations made by the City Staff. Councilman Lowry indicated Item No. 4.a should include, "6 "/ 18" A.C. curb and gutter, and A.C. pavement" 22 feet south of centerline of First Street . . . Councilman Lowry then asked for an explanation of Item 4.1, "Prepare Suspension of Improvements Agreement if off -site requirements are waived ". The Consultant City Manager explained this item, and answered other questions from the Council. Councilman Hammel suggested that a statement should be added whereby they would be required to hook up to the sewer system at their own expense at a later date. The Public Hearing was opened by Mayor Peterson. Mr. James Caulkins, Architect for Southern California Gas Co. addressed the Council explaining their project. He further stated they had a couple of questions regarding the conditions. He informed the Council that they had been in touch with the Beaumont- Cherry Valley Water District. They will be having a meeting a week from this meeting, and at that time they will take under consideration annexation of this property to the water district. From what they understand there should not be too much difficulty with this, just a substantial cost to the gas company. This should then provide adequate water for both their drinking and landscaping use, as well as fire protection. As the City is aware, one of the conditions for 84 Lumber Co. was a 12 inch water line on First Street. That would be also be continued westerly to the west property line of the Gas Company. The soils and percolation test have both been accom- plished, and the reports are available. One question concerns exactly what the conditions would be of the blanket easement for drainage over the entire site. The Consultant City Manager clarified the basic intent of this statement is because the grading plans have not been reviewed at this time. The grading plans will show exactly where the drainage ultimately will be in relationship to the other facilities. Another question stated by Mr. Caulkins concerned the street improvements, and the fact this would be isolated improvement, with the balance of the block unimproved. They want to know whether the City really wants the improvements done at this time or whether the City wanted to wait until they whole south side of First Street was improved. The Consultant City Manager indicated he believEdthere was another project on the board right now that will tie in between. Councilman Lowry stated that, because of the drainage, he believed a portion of this would have to be done now. Councilman Lowry then questioned the safety of the 30" trans- mission line. Mr. Caulkins said he would prefer another re- presentative of the gas company, Mr. Hoyer, answer that question. Councilman Hammel asked Mr. Caulkins if the existing buildings have been approved by the County Fire Department. Mr. Caulkins said they have been approved, but the fire department has indicated they would want adequate fire protection on -site for the proposed expansion. There was further discussion concenu.ng the installation of a sewer line in this area in the future. Mr. Bob Hoyer, General Superintendent of the South Inland Division of Southern California Gas Co., addressed the Council stating he would be in charge of thisfacility when it goes in. This will be a transmission facility, with approximately 20 employees, and all they would have would be the big gas lines that bring gas into Southern California. There would be no collection of money from the public at this facility. It will strictly be an operating office. In answer to Councilman Lowry's question, Mr. Hoyer said there was practically no danger of an explosion. There has never been an explosion in this system since it went in, it has been in since 1947. Mayor Peterson stated it appeared to him that basically the addition of this building would create no more of a hazard than is already on the site. Mr. Tommy Thompson asked what the total area of the site is. (The answer to this question is not intelligible on the tape). He also asked what the off - street parking requirements are. The answer - 35 spaces. An unidentified member of the audience questioned the meaning of "A.C. curb and gutter ". He was informed this is asphalt concrete r formed into a curb and gutter. His second question concerned the possibility of a sewer fee when a septic tank facility is installed within the City to help the sewer fund. The gas company representative saw no problem in paying their sewer connection fee at this time, so long as they were not re- quired to pay the connection fee again when actually hooking up to the sewer. Mr. Blackaby addressed the Council stating there had been many misunderstandings in the past, and such things as concrete curb and gutter should be clearly defined, so that it is not subject to interpretation at a later date. The Public Hearing was declared closed at 8:15 P.M. On Motion by Councilman Lowry, seconded by Councilman Hammel, the Planning Commission issued Conditional Use Permit No. 80 -03, as amended. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. b. DETERMINATION OF USE No. 1A -80. APPLICANT: Thomas L. Daniels LOCATION: Southeast corner of Beaumont Avenue and Eighth Street. The Consultant City Manager explained this request for Determina- tion of Use. The City Attorney read a suggested resolution to be adopted by the City Council for this determination of use. On Motion by Councilman Shaw, seconded by Councilman Hammel, the Planning Commission, the Resolution was read by title only. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. On Motion by Councilman Lowry, seconded by Councilman Shaw, the Planning Commission adopts Resolution No. 1980 749, Interpreting Section 401.1 of Ordinance No. 490. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None, ABS: None. A -4: APPROVAL OF MINUTES: On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont approves minutes of Special Council Meeting of November 3, 1980 as published. AYES: Councilman Blankenship, Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont approves minutes of Regular Council Meeting of November 10, 1980 as published. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. A -5: APPROVAL OF PAYMENT OF WARRANTS AND PAYROLL: On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont authorized the payment of warrants as audited per Warrant List dated November 24, 1980, in the amount of $51,971.97, and the payment of the payroll of November 14, 1980, in the amount of $19,778.21. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. A -6: ORAL COMMUNICATION: a. Mr. Irish Mitchell addressed the Council concerning publi- cation of notices, and cited the decision in Horn vs County of Ventura, as well as other documentation. Mayor Peterson stated he had checked with the County regarding this subject, and was informed that to avoid controversy the County Commissioners enacted legislation regarding the Horn decision, since it is so controversial. However, they gave him the same opinion that public notice is not required in this instance. Whether it is or not, he recommends the Council take steps to enact the Horn decision. It is only reasonable that any action regarding lot splits, land divisions, anything that might affect the people, should be published. A -7: PUBLIC HEARING: Conditional Use Permit APPLICANT: Gladys Bell LOCATION: 1501 East Sixth Street The Consultant City Manager verified the notice of Public Hearing was published in the Record - Gazette on November 13, 1980, and called attention to the affidavit of publication. He then called attention to his report to the Council dated November 18, 1980 outlining the possibilities to be followed and the conditions to be imposed. He then advised that on November 19, 1980, Scott Reynolds, attorney for Mrs. Bell, has requested a continuance of the public hearing to January 7, 1981. The Council elected not to allow the continuance, and the Public Hearing was opened at 8:36 P.M. Mrs. Lois Miller addressed the Council stating she had attended the Planning Commission meeting at which the Planning Commission gave Gladys Bell three conditions to meet. At this date she has not complied with any of them, except move the produce stand. Mayor Peterson stated the new management needed time to review this conditional use permit, and that is why they were hearing this matter tonight in an effort to resolve the problems. Councilman Blankenship stated that if the decision was postponed until January, it would mean she was operating without a Condi- tional Use Permit for a period of almost a year, and asked if the Council was acting within the law to have the public hearing without the applicant present. The Consultant City Manager told him it is a duly published hearing, and it was the prerogative of the Council to decide. Mr, Joe Burnett, of 113 Maple, addressed the meeting stating there are people living on the site, and it is getting worse. It should be cleaned up. Mr. John Mullen asked that the staff recommendations be read so the audience would be aware of that which has been recommended. The recommendations were read by the Consultant City Manager. Mr. Luiga Renna asked if she requested the three days a week, and was informed that was one of the original requests. Mr. Tommy Thompson asked what provisions were made for the collection of sales tax on a business of.this type. Cecelia Courtwright answered Mr. Thompson's question, stating there were forms which had to be filled out for the State Board of Equalization. (Most of Ms. Courtwright's remarks are unintelligi- ble on the tape.) Mr. Norm Gordon addressed the Council asking if Mrs. Bell had been given a definite termination date when to comply or shut her down. Mr. Gordon was informed she had been given a definite termination date back in August of October 1. At that time, with the new management, time was given to attempt to resolve the matter. This hearing that is taking place right now is when the decision will be made. The Public Hearing was closed at 8:51 P.M. On Motion by Councilman Hammel, seconded by Councilman Lowry, the City Council of the City of Beaumont moved to close the Swap Meet immediately since Mrs. Bell has not complied with the condi- tions, and is operating without a Conditional Use Permit at this time. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. A -7: RESOLUTION NO. 1980 -41 - Consenting and Authorizing Submittal of Annexation Application of Uninhabited Territory (Beaumont Annexation No. 25). Tabled until meeting of January 7, 1981. A -8: RESOLUTION NO. 1980 -43 - Determining the Amount of Property Tax to be Exchanged between the County of Riverside and the City of Beaumont Relating to Annexation No. 25 to the(City of Beaumont. Tabled until meeting of January 7, 1981. A -9: RESOLUTION NO. 1980 -42 - Consenting and Authorizing Submittal of x Anne ation lication of Uninhabited Territory (Beaumont Annexation No. 26). Tabled until meeting of January 7, 1981. A -10: RESOLUTION NO. 1980 -44 - Determining the Amount of Property Tax to be Exchanged between the County of Riverside and the City of Beaumont Relating to Annexation No. 26 to the City of Beaumont. Tabled until meeting of January 7, 1981. On Motion by Councilman Lowry, seconded by Councilman Shaw, Agenda Items A -7 through A -10 were tabled by the City Council of the City of Beaumont until the regular Council Meeting of January 7, 1981. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. A -11: RESOLUTION NO. 1980 -45 - Adopting Criteria and Procedures for the Evaluation of Projects and the Preparation of Environmental Impact Reports for Private Projects Pursuant to the California Environ- mental Quality Act of 1970, as Amended by Statutes 1972, Chapter 1154. The resolution was explained by the Consultant City Manager. On Motion by Councilman Shaw, seconded by Councilman Hammel, the Resolution was read by title only by the City Clerk. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, COUnCilman Blankenship, Mayor Petersoni. NOES: None. ABS: None. On Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council of the City of Beaumont adopts Resolution No. 1980- 45, Adopting Criteria and Procedures for the Evaluation of Projects and the Preparation of Environmental Impact Reports for Private Projects Pursuant to the California Environmental Quality Act of 1970, as Amended by Statutes 1972, Chapter 1154, as amended. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson . NOES: Councilman Blankenship ABS: None. A -12: MAYOR /COUNCILMEN - Comments /Reports: a. SB325 Transportation Funding Formula. Let the record show that all Councilmen agree with the staff's recommendation concerning the Transportation Funding Formula. b. Consideration of Building Moratorium. (Due to a problem with the tape, the discussion regarding the proposed moratorium has concluded). The Mayor ruled the discussion concerning the moratorium closed. On Motion by Councilman Hammel, seconded by Councilman Lowry, the City Council of the City of Beaumont adjourned to an Executive Session for Personnel reasons at 9:55 P.M. AYES: Councilman Hammel, Councilman Lowry, Councilman Shaw, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont reconvened into regular session at 10:25 P.M. AYES: Councilman Hammel, Councilman Lowry, Councilman Shaw, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. ADD ITEM: Report of City Attorney concerning issuance of Building Permits before the approval of the Final Tract Map. Pursuant to Government Code and Subdivision Ordinance No. 324, Government Code 66499.30 specifically restricts the construction of any building prior to the filing of the final map. However, the government code does not contain any specific restrictions on the issuance of building permits prior to the approval of the final map. However, Ordinance No. 324, Article 10, Section 1, places a restriction on the issuance of a building permit, and specifies that any permit issued contrary to the provisions of this ordinance shall be void and have no effect. It is, therefore, concluded that, although Ordinance 324 is worded rather ambiguously, it would appear that the building permit issued to Turner -Fagot may be of questionable validity, and the City Attorney recommends that they reapply for a new permit and the fees waived on the new application. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont moves that a new Building Permit be issued to the Turner -Fagot Project with the fees waived on the new application. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. Mayor Peterson read a letter written to Councilman Hammel from the homeowners of Cerise Lane and Cherry Court, between 13th and 14th Streets, off Beaumont Avenue, in which they request appropriate and prompt action to remedy a situation they are encountering, Their street deadends at a peach orchard. There is a barricade there, however, it is damaged. Children from other areas use this area as a playground with bicyles, mopeds and other vehicles. They are creating, in general, a nuisance with the dirt, noise and damage to the contiguous properties. They request that the City place a barricade across the street extending from the respective retaining walls in either direction, and that the barricade closing off the street be repaired. They also ask that the street be cleaned on a regular basis. They also ask for adequate police patrol at times when most needed, usually between 3:00 and 8:00 P,M. Mayor Peterson then read a letter received from the Division of Water Quality regarding the clean water payment adjustment, stating they had reviewed and processed the City's clean water grant payment, and the City will be receiving its grant funds shortly, The Mayor then read a letter received from the Beaumont Unified School District concerning a school impact fee as a condition of approval for the construction of housing within the City Limits. There was discussion from the floor, the Council and the Con- sultant City Manager concerning this request. The meeting was adjourned to Monday, December 1, 1980, at 4:00 P. M., at 10:55 P.M. Respectfully submitted, LA VERNE JONES, City Clerk BEAUMONT CITY COUNCIL MINUTES OF DECEMBER 1, 1980 (ADJOURNED MEETING OF NOVEMBER 24, 1980) The Beaumont City Council met in an Adjourned Meeting at 4:00 P.M., in the City Council Chambers at the Beaumont Civic Center, Monday, December 1, 1980, with Mayor Peterson presiding. A -1: CALL TO ORDER: a. Pledge of Allegiance to the Flag was led by Councilman Blankenship. b. On Roll Call the following Councilmen were present: Councilman Hammel, Councilman Shaw, Councilman Blankenship, Councilman Lowry, Mayor Peterson. A -2: RESOLUTION NO. 1980 -47 - Regarding the Disability of Robert R. Rouland, Social ecurity No. 572 -56 -4373. The Consultant City Manager explained the Resolution and the Findings of Fact concerning Mr. Rouland's disability. There was discussion from the Council and from the Floor. On Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council of the City of Beaumont adopts Resolution No. 1980- 47 regarding the disability of Robert R. Rouland. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. A -3: RESOLUTION NO. 1980 -48 - Regarding the Disability of Jack L. Richardson, Social Security No. 558 -44 -5410. The Consultant City Manager explained the Resolution and the Findings of Fact concerning Mr. Richardson's disability. On Motion by Councilman Shaw, seconded by Councilman Blankenship, the City Council of the City of Beaumont adopts Resolution No. 1980 -48 regarding the disability of Jack L. Richardson. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont adjourned to an Executive Session for Personnel Reasons at 4:40 P.M. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. On Motion by Councilman Councilman the City Beaumont reconvened to regular sessi AYES: Councilman Hammel, Councilman Councilman Blankenship, Mayor NOES: None. ABS: None. , seconded by Council of the City of on at 6:10 P.M. Shaw, Councilman Lowry, Peterson. Mayor Peterson read a letter received from SAM Collaborates indicating they would not renew their contract when the con- tract expires at the end of December. There was discussion from citizens attending the meeting asking what the general state of the City is, and what the goals of the Council are. They emphasized the City has been in a turmoil for at least two years, and they want to know when it is going to change. Mayor Peterson advised a complete assessment is due on December 8 and the Council will implement the proposal. Date set for next regular Study Session, December 8, 1980, at 7:00 P.M., in the City Manager's Conference Room. Date set for next regular Council Meeting, December 8, 1980, at 7:30 P.M., in the Council Chambers. There being no further business to come before the Council, the meeting was adjourned at 6 :26 P.M. Respectfully Submitted, �-L�Z_P�_<5r A SEERON WATKINS, Deputy City Clerk BEAUMONT CITY COUNCIL MINUTES OF DECEMBER 8, 1980 The Beaumont City Council met in a Regular Meeting at 7:40 P.M., in the City Council Chambers at the Beaumont Civic Center, Monday, December 8, 1980, with Mayor Peterson presiding. A -1: CALL TO ORDER: a, Pledge of Allegiance to the Flag was led by Councilman Shaw. b. Invocation was given by Reverand Herbert W. Moise c. On Roll Call the following Councilmen were present: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. Councilman Blankenship was absent due to a death in the family. PLANNING COMMISSION: a. Request for Extension of Time - Tract No. 14124 APPLICANT: A. C. Nejedley LOCATION: North Side of Highway 60 On Motion by Councilman Shaw, seconded by Councilman Lowry, the Planning Commission approves the extension of time as requested by applicant, A. C. Nejedley. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. A -2: APPROVAL OF MINUTES: Removed from Agenda due to fact typing of minutes had not been completed. A -3: APPROVAL OF PAYMENT OF WARRANTS AND PAYROLL: On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont authorized the payment of warrants as audited per Warrant List dated December 8, 1980, in the amount of $44,339.67, and the payment of the payroll of November 28, 1980, in the amount of $18,811.92. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None ABS: None A -4: ORAL COMMUNICATION: a. Animal Welfare Society. Mrs. Beverly Papetti addressed the Council stating the Council appointed a committee of six people last June to try to take care of the animals and to raise the funds for a new animal shelter sometime. She wanted to bring to the attention of the Council the fact that all animals picked up in Beaumont are taken to the Banning Pound. The City of Beaumont pays the City of Banning $250.00 per month for this. However, when the Animal Welfare Society takes an animal from the pound they have to pay $10.00 per animal from the County, and $5.00 for the City animals. This is necessarily taken from the funds they have raised towards the animal shelter, as a result it keeps their funds de- pleted in order to put these animals in good homes. They have asked the City of Banning to waive their fee and were told the only way it could be done would be for the Beaumont City Council to waive their fee. She does not know what they are talking about. By having to pay this money out in order to place the animals, they are defeating their purpose of trying to raise money for the animal shelter. A -5: A -6: The.Mayor advised.Mrs. Papetti they would request staff to get all the.informAtion needed, and would get back to the Animal Welfare Society with the answers as to what can be arranged. Mrs. Papetti also asked if it would be possible to set up a foster home program whereby they would keep an extra animal in their homes. Her understanding is that no one is allowed to have more than three animals. Under this program sometimes it would be necessary to have more than the allowable number of animals in the foster home, but should not be more than overnight or a week. The Consultant City Manager advised the ordinance reads no more than two animals per household. If there are more it is necessary to be licensed for a kennel. His recommendation was that the Council not tamper with the ordinance. If they intend to allow Mrs. Papetti's request, the ordinance should be revised. No exceptions to any ordinance should be given. Authorization to Execute Amendment No. 2, Agreement for Engineering Services Step II, with Jacobs Engineering Group. This Agenda Item was explained by the Consultant City Manager. On Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council of the City of Beaumont approves the execution of Amendment No. 2, Agreement for Engineering Services, Step II, with Jacobs Engineering Group, by the Mayor. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. Request of Baldi Bros. Construction to Negotiate a Lease with an Option to Purchase Certain City Property. This request was explained by the Consultant City Manager, and pointed out that this property was sitting idle, not on the tax rolls, and was non - revenue producing for the City. If the lease was given, the lots would be put into a revenue producing situation, where any improvements which would be constructed_ will become subject to taxation, based on the fair market value, rather than based on the 1978 Proposition 13 limitation. It would probably also generate an added sales tax to the City of Beaumont, The Consultant City Manager's recommendation was to allow staff to enter into negotiations on behalf of the City of Beaumont with Baldi Bros. Construction to arrive at mutually agreeable terms and conditions, to be reviewed at the next regularly scheduled Council Meeting. Councilman Lowry stated he felt this should be put out for bid. The Consultant City Manager advised it is not customary to put a lease out for bid, unless it was declared surplus property. There was further discussion from Councilman Hammel and Council- man Shaw concerning this request, and the possible lease, as well /8&ments from the floor. Motion by Councilman Lowry, seconded by Councilman Hammel, to publish inviting bids on the subject property lease. AYES: Councilman Hammel, Councilman Lowry. NOES: Councilman Shaw, Mayor Peterson. ABSENT: Councilman Blankenship ABS: None. Motion Failed. On Motion by Councilman Lowry, seconded by Councilman Hammel, The City Council of the City of Beaumont tables the Request of Baldi Bros. Construction to Negotiate a Lease with an Option to Purchase Certain City Property, until the next regularly scheduled Council Meeting. AYES: Councilman Hammel, Councilman Lowry, Mayor Peterson. NOES: Councilman Shaw. ABSENT: Councilman Blankenship ABS: None A -7: MAYOR /COUNCILMEN - Comments /Reports: a. Beaumont Unified School District Request for Development Fee. The Consultant City Manager explained the request of the school district, and stated a resolution had been drafted by staff, however, the School District had been requested to provide additional information justifying their request., This information will be received in the near future and the Resolution would be on the Agenda for the next regular Council Meeting. On Motion by Councilman Lowry, seconded by Councilman Shaw, The City Council of the City of Beaumont sets a Public Hearing to be held on December 22, 1980, at the Council Chambers of Beaumont Civic Center, 550 East Sixth Street, at 7:30 P.M., to consider Resolution No. 1980 -51 imposing a School Impact Fee and any other mitigation measures that the City Council might deem necessary. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. b. Consideration of Building Moratorium. Mayor Peterson advised this item would be heard at a later date pending information from the City Attorney. C. Award of Roofing Bid. The Consultant City Manager advised new specifications for the re- roofing of the Police Department and City Hall were put out for bid. These bids were opened on December 2, 1980, at which time four bids were received. The low bid was received from Dean Roofing of Yucaipa, in the amount of $19,798.00. On Motion by Councilman Hammel, seconded by Councilman Shaw the City Council of the City of Beaumont accepts the bid of Dean Roofing in the amount of $19,798.00, and rejects all other bids. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. d. Organization and Operations Recommendations from Consultant City Manager. The Consultant City Manager addressed the Council and the Floor concerning his report and recommendations in depth. e. Creating Friday, December 26, 1980 a Holiday for City Employees. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont declares December 26, 1980 as a Holiday for the employees of the City of Beaumont. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. Mr..Earl Miller addressed the Council commending Mr. Nammar, the Consultant City Manager, on the proposals he presented. He feels it was well prepared; and something Beaumont needs. On Motion by Councilman Hammel, seconded by Councilman Shaw, the City Council of the City of Beaumont adjourned to an Executive Session for Personnel Reasons at 9:37 P.M. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. On Motion by Councilman Hammel, seconded by Councilman Shaw, the City Council of the City of Beaumont reconvened to regular session at 10:36 P.M. Let the record show that at the next regular meeting the City Council will announce the action and requests taken during Executive Session. On Motion by Councilman Lowry, seconded by Councilman Hammel, The City Council of the City of Beaumont adjourned to 3:30 P.M. on December 15, 1980, at 10:39 P.M. Respectfully submitted, LA VERNE JONES, City Clerk BEAUMONT CITY COUNCIL MINUTES OF (ADJOURNED MEETING OF DECEMBER 8, 1980) The Beaumont City Council met in an Adjourned Meeting at 3:40 P.M., in the City Council Chambers at the Beaumont Civic Center, Monday, December 15, 1980, with Mayor Peterson presiding. A -1: CALL TO ORDER: a. Pledge of Allegiance to the Flag was led by Councilman Hammel. b. The Invocation was dispensed with. C. On Roll Call the following Councilmen were present: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. A -2: PLANNING COMMISSION: a. PUBLIC HEARING: APPLICATION FOR VARIANCE NO. V- 80 -01. APPLICANT: TLT- Beaumont LOCATION: 951 Cherry Avenue A request to reduce unit square footage to 639 outside di- mension and 627 interior dimension; and allow parking to conform to the approved site plan. Mayor Peterson asked for comments from the Council before opening the Public Hearing to the audience. Councilman Blankenship stated this project, in its initiation, he opposed as strongly as any person in the City. Not for the result of the proposal, but for the methods that were used to reach that result. The variance under consideration is really backwards. The project should not go all the way through, and then get a variance at the end of the project. However, the previous Planning Commission and previous Council made mistakes. He does not want to repeat the mistakes. The City should be able to profit by mistakes such as this, but because of the litigation the City has had, and all the problems had by the City, he would not oppose this variance one minute. There are variances all over the County, and all over the State, for the elderly that even go less than 639 feet, down to almost 600. In no way will he oppose this. Councilman Shaw stated he was one of those who campaigned to get this development into Beaumont. There were ten in the United States, and this is the only one west of the Mississippi. He has supported it wholeheartedly from its inception, and he con- tinues to support it wholeheartedly now. He has no objections, he hopes it goes, and he wants to see it go. Councilman Hammel stated he has no qualms about the project as a whole. He is for senior citizens, just like everyone else. He personally does not care for matchboxes: He would like to see the project right from the beginning, and to stay this way to the finished product. Inasmuch as this has been going on right from the beginning on the wrong foot, and he was not part of it then, he has to go along with Councilman Blankenship and say approve the project and get it out of the way. But he will guarantee that if he has anything to do with any future projects, there will not be a "dilly- dally" like this. Councilman Lowry stated he is opposed to granting variances. If we have a code, it should apply, and variances should be few and far between, and really justifiable. Since the former Planning Commission approved this at 639 square feet as floor area, out -to- out of the building, and it is understood that the Council approved it, he is willing to go along, however, he has analyzed the plans and they do not comply. They are short on floor area, and he will not approve those plans as such. It is a simple ti matter to up them to comply with 639 square feet, and he would be willing to tell the interested parties how he would suggest to do it, but he will not approve them as they are. Councilman Hammel stated he would like to see, whether it is in this community, or in another community, a little pride in every building, every development that comes to this community they stick to their goods and put in this community something decent, something nice, something worthwhile. The City Attorney was asked if there are any legal ramifications in approving this variance. The City Attorney stated the only problem he sees, that any decision made today would be only an intended decision. Section 1003 of Ordinance 490 states that you shall make your findings by a written report within thirty days of the hearing, and thereafter any person who wishes to appeal has ten days in which to file their appeal. He feels that to have a final decision you must have your findings in conformi- ty with Section 1002.3 of 490. The purpose is to provide notice to any person who wishes to appeal that they have the opportunity to know the basis of the Commission's decision, and the grounds under which they may make an appeal. Answering Mayor Peterson's question, the City Attorney stated the Commission could make their written decision within the thirty days,,and it becomes final ten days after the written decision is issued. Councilman Lowry asked if building permits had been issued for those buildings to be built per the plans, and is the City bound by that permit, because they are under the area that is requested on this variance. Consultant City Manager stated that, basically, these plans before them, the site plan itself, was approved by the Planning Commission, and there could be some difficulty in not accepting them. As indicated previously the problem is in the interpretation of Ordinance 490. If you take the present plans and average them, you might come up with 629 overall. Councilman Lowry said the six units for the handicapped are at 628.44 square feet. And the twenty -four of the unit floor plan are at 623.86 square feet, and that is out -to -out of their dimensions of their foundation which is the out -to -out of floor plan of the sub- floor, which is what is normally taken as out -to- out dimensions in construction. The Public Hearing was then opened to the floor by Mayor Peterson. Mr. Irish Mitchell addressed the Commission stating that just as a point of information, he realizes they have thirty days within which to make this decision, but would there be anything in the Code to keep them from making a written decision tonight, and then there would be ten days for appeal purposes. The City Attorney stated they could make a written decision tonight. Lucille Jackson, representing the ARR.PS, spoke in favor of this project, stating that this would be much better than the small mobile 17omes many of the seniors are living in now, and it should pass. Walter Scales, with the Office on Aging of the County of Riverside. They have been supportive of, and working on, this project for at least two years. They have the support grant from the Admin- istration on Aging to do the social services con: - ponent in the housing project. They have reviewed it, and their advisory council have reviewed it, and have supported it on numerous occasions. They have been in constant contact with the builder, and the housing authority, the Geriatricological. Society of both Los Angeles and Washington, D.C., and they have reviewed the space and th(W say the housing units are to be set up, and also Farmers Home Administration and HUD have approved all the documents the Commission has before them. On behalf of the Office on Aging, and the seniors and the advisory council, he would request the Commission's action today to support this project so that they can break ground and begin the project as quickly as possible. Mr. John Mullen addressed the Commission asking how can a var- iance be granted after a site plan has been approved. The City Attorney stated he did not believe the Council is bound by the previous site plan approval; for one thing it expired approximately six -seven months ago. That approval was only good for six months according to Ordinance 490, and the Council/ Commission would be re- approving the site plan today. The Consultant City DIanager stated that hearing the comments of the Commission so far, he had written down a possible action if they are so inclined. Basically it would be that at the conclu- sion of the public hearing, that Variance 80 -01, as it pertains to 951 Cherry Avenue, be approved as submitted by plans and site plan on file in the Community Development Department, as approved by the Farmers Home Administration by date of July 30, 1980. In other words, you are just taking all these documents and the Commission is granting the variance on them exactly as they are applicable, and that would take care of the site plan, the landscaping, the size of the structures themselves, and then you will go to the request of the parcel map, approving the tenta- tive as Commissioners, and adopting the resolution to finalize it as a final by resolution. There was further discussion regarding the size of the units as they stand right now. Mr. Nammar pointed out that if the project was not approved at this time, it would probably have to be started again from scratch with the various federal agencies who have already approved it. Councilman Lowry suggested that if that is the case, the request for the variance should be amended to reflect the correct dimen- sions, so there will be no problem of conflict in the future. Mr. Nammar stated that by approval of the plans as approved by the Farmers Home Administration by date of July 30, 1980, the Commission would be finding a fact and making a determination that those plans submitted before them are deemed to be approved by the Commission regardless of the square footage. Mr. Rick Andrews, representing the builder Nick Tavaglione, addressed the Commission stating there would be a problem in attempting to redesign the plan -at this point in time. He pointed out the plans had been stamped and signed by the State Architect and Farmers Home Administration. These were the plans that were submitted to them for review some nine months ago. They were approved approximately three months ago. That is a period of six months the plans went back and forth before approval. To redesign would mean the plans would have to go back to the County, the State and possibly the Federal offices. It has been a very complicated and lengths- process, and to go back again would be as lengthy and complicated. There was further discussion concerning the unit size, and the site plan approval. Councilman Lowry questioned whether or not the new street would be according to the City's minimum street standards. He was ad- vised by the Consultant City Manager that the present specifica- tions would have to comply with the minimum standard of Public Works Standard Specifications, both Cherry and Tenth. The appli- cant was required to submit his street costs for funding purposes. When the off -site improvements are not physically there, he has to bond for them with a Letter of Credit at the time of recordation of the Parcel Map, in the amount of $60,000.00. This guarantees the City that the work will be performed pursuant to the plans and specifications approved by the City Engineer. The builder's engineers indicated costs of $54,000.00, therefore the bond in the amount of $60,000.00 is what was required. Councilman Lowry feels it should be a $100,000.00 bond, as he didn't think it could be done for $60,000.00. Councilman Lowry then asked if the builder is given the bond back when he is finished. The Consultant City Manager stated that pursuant to the Business and Professional Code, and the Government Code, upon the completion of the faithful performance, and the acceptance of the project, the City would release 50% or $30,000.00, for faithful performance, and $30,000.00 would be retained for labor and material, which would then automatically be released in six months from completion. Mr. Nick Andrews, representing Nick Tavaglione, again addressed the Council concerning the off -site bond. He stated that as a part of the improvements for this total project, they had to estimate off -site and on -site funds. The Farmers Home loan is basically a 957o loan. Those off -site improvements were inchuded in the Farmers Home loan. They are requiring them to bond 100% of that total loan, which means if, for whatever reason, they do not complete any part of the project, or the off -site improve- ments they are going to be required, they would have someone step in and complete it with the money involved in that bond. This means the City has almost double the $60,000.00 figure. Mr. Oscar Montez, of Wes Engineering, addressed the Council stating that the $54,000.00 figure was based on today's unit . costs, and then a 57o or 107o factor is added, so that when they do go to construction they are at that day costs. If worse comes to worse, say the job is not completed and the bond has to be activated, generally the job is either three - quarters of the way finished, so the bond will take care of it, no matter what it is. The Public Hearing was closed at 4:34 P.M. On Motion by Councilman Shaw, seconded by Councilman Blankenship, the Planning Commission of the City of Beaumont approves Applica- tion for Variance No. V-80-01 to reduce the unit square footage to 623 outside dimensions, and to allow parking to conform with the approved site plan. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. b. APPROVAL OF PARCEL MAP NO. 16543. APPLICANT: TLT- Beaumont LOCATION: 951 Cherry Avenue The Consultant City Manager explained the parcel map before them, and recommended that it be approved. Mr. John Mullen addressed the Council stating that the City Engineer had informed him shortly before the meeting that the map they are considering is not the correct map. That it has been changed. Mr. Montez explained what takes place in setting up the parcels, stating that in the early stages of this going back and forth making parcels, Tenth Street was a problem, and forty feet was purchased in order to have access, and down the line it was determined that only thirty feet was required, so a map was created to show that there was a ten foot strip in there, and that was parcel number three. Then the City said that is sub- standard, so do away with it, and just have parcel one and parcel two, and then take care of it later by a legal instrument. So right now it is parcel one and parcel two. The City Engineer stated the parcel map they were looking at is the first version. That he has a corrected version, and which is currently being checked. What its status is he does not know, as it is in his office being checked today. There was further discussion concerning the parcel map between the Council and the representative of Wes Engineering. A recess was called at this time until the return of the City Engineer. The City Engineer addressed the Council in answer to a question from Mayor Peterson to the effect how are they to approve a map they don't have, or approve a map that is not signed by an engineer, stating that all signatures have to be on the map prior to the City Engineer's signature, including the owner, all the various notaries, etc. The last to sign is the City Clerk attest- ing to the Mayor's signature. After the City Engineer indicates the map is ready, the title company representing the developer will circulate the map for signature, then will deliver it to the City at which time the City Engineer will sign it. The City Engineer stated further that the map they are looking at at this time shows parcels 1, 2 and 3. A duplicate of this map was sent back to the developer's engineer, and requested that changes be made, as marked in red. They have returned to the City a revised copy of this map, which is presently in his office, and which has not been completed at this time. There should be no problems, if all the corrections were made as requested. It was further pointed out that the map could not be recorded until it is correct. It was asked if the building permits could have been issued prior to this date, as stated by the Consultant City Manager, why was this map before the Planning Commission for approval tonight. It was explained that although it had been stated that the parcel map had_ already been approved, no record could be found of the Planning Commission having approved it, as a result the Planning Commission is being asked to approve it tonight to be sure. All they have to do is approve the parcel map subject to certain condi- tions, such as the Letter of Credit being submitted, the City Engineer being satisfied with it, if these conditions are not met, the parcel map is not going to go anywhere. The Mayor stated he still did not want to approve a map until he knew what the changes were going to be. The City Engineer replied one of the changes would be the deletion of Parcel 3, which would become public right -of -way; other changes concerned signatures, certain dimensions and bearings require adding, certain ones require deleting, a 10 foot private drainage unit be placed on the westerly 10 feet of parcel 2, there are missing dimensions, there are missing call -outs, which are record dimen- sions which are required, there were a couple of misspelled words which they were asked to correct, RCE numbers, put a blue colored border around it, which is required, and much more highly technical information which is required on the map. The Council further reviewed and discussed the parcel map. On Motion by Councilman Shaw, seconded by Councilman Blankenship, The Planning Commission of the City of Beaumont approves Parcel Map No. 16543, contingent on City Engineer's approval. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. A -3: RESOLUTION NO. 1980 -50 - Accepting the Final Parcel Map for Tract No. 16543. (TLT- Beaumont, 951 Cherry Avenue). On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont waives the reading of Reso- lution No. 1980 =50, approving Final Parcel Map for Tract No. 16543, subject to the parcel map approval by the City Engineer, an d.that Letter of Credit in the amount of $60,000.00 will be on file in the City Clerk's office. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont adjourned to an Executive Session for personnel reasons, at 5:30 P.M. On Motion by Councilman Hammel, seconded by Councilman Lowry, the City Council of the City of Beaumont reconvened to regular session at 5:43 P.M. Councilman Shaw was excused and left the meeting at 5:40 P.M. Mayor Peterson explained that the Executive Session was regarding personnel and no action was taken. He said nothing further could be stated other than it does involve possible litigation, and could prejudice a case. There being no further business before the Council, on Motion by Councilman Hammel, seconded by Councilman Lowry, the City Council of the City of Beaumont, although there is a duly advertised special meeting of the Planning Commission at 7:00 P.M., on December 17, 1980, the motion is to adjourn to that date. Motion Carried. Meeting declared adjourned at 5:44 P.M. Respectfully submitted, O r SHERON WATKINS, Deputy City Clerk BEAUMONT CITY COUNCIL MINUTES OF DECEMBER 19, 1979 The Beaumont City Council met in a Regular Meeting at 7:05 p.m. in the City Council Chambers at the Beaumont Civic Center, Monday December 19,1979 with Mayor DeForge presiding. Pledge of Allegiance to the Flag was lead by Councilman Peterson... On Roll Call the following Councilman were present: Mayor DeForge, Councilman Shaw, and Peterson. A -3 Minutes of the Regular Council Meeting of December 10, 1979. There being no omissions or additions the Minutes of the December 10, 1979 Council Meeting stand approved as published. A -4 Minutes of the Regular Planning Commission Meeting of December 13, 1979. There being no additions or ommissions the Minutes of the December 13, 1979 Planning Commission Meeting stand approved as published. A -5 -A On Motion by Councilman Shaw, Seconded by Councilman Peterson the City Council of the City of Beaumont hereby authorize the payment of the bills as audited per Warrant list dated Dec- ember 19, 1979, in the amount of $30,166.03. AYES: Mayor DeForge, Councilmen Shaw and Peterson. NOES: None. ABSENT:None. A -5 -B On Motion by Councilman Shaw, Seconded by Councilman Peterson the City Council of the City of Beaumont hereby authorizes the payroll of December 14, 1979 in the amount of $16,887.30 AYES: Mayor DeForge, Councilmen Shaw and Peterson. NOES: NONE. ABSENT: NONE. A -6 Resolution No. 1979 -45, Authorized Federal Surplus property signatures. The Resolution No. 1979 -45 was read by title only by the UL Deputy City Clerk per the request of the Mayor. On Motion by Councilman Shaw, Seconded by Councilman Peterson the City Council of the City of Beaumont approves and adopts Resolution No. 1979 -45. AYES: Mayor DeForge, Councilman Shaw and Peterson. NOES: NONE. ABSENT: NONE. A -7 Resolution No. 1979 -46, Designating Michael J. McClellan as the Disaster Preparedness Officer. 5 -5.©1 The Resolution No. 1979 -46 was read by title only by the Deputy City Clerk per the request o.f the Mayor. On Motion by Councilman Peterson, Seconded by Councilman Shaw the City Council of the City of Beaumont approves and adopts REsolution No. 1979 -46. AYES: Mayor DeForge, Councilman Shaw and Peterson. NOES: NONE. ABSENT: NONE. A -8 Staff Report re: Water Meter at 700 E. 4th St. Staff report was read by the Deputy Clerk. Further clarification was given by City Manager McClellan. �i i J/1 A -8 Continued. On Motion by Councilman Shaw,'Sec,onded by Councilman Peterson the City Council of the City df Beaumont approved the additional payment of $431.00 to the Beaumont- Cherry Valley Water District . AYES: Mayor DeForge, Councilman Shaw and Peterson. NOES: NONE. ABSENT: NONE. A -9 Staff report re: Planning Commission Resolution 1979 -21, Focused Environmental Impact Report. Staff Report was read by the Deputy Clerk, further clarifi- ���O� cation was offered by City Manager McClellan. Attorney . Henderson offered further information regarding processes of Enrivonmental Impact reports. On Motion by Councilman Peterson,..-Seconded by Councilman Shaw the City Council of the City of Beaumont approved the adoption of the Planning Commission Resolution No. 1979 -21. AYES: Mayor DeForge, Councilman Shaw and Peterson. NOES: NONE. ABSENT: NONE. A -10 Staff report re: Resolution No. 1979 -47, Property Tax Revenue to be exchanged between the County of Riverside and the City of Beaumont, Annexation #21. p3 The Deputy Clerk read Resolution No. 1979 -47 by title only as requested by the Mayor. City Manager McClellan further explained the formula being negotiated for the exchange of property tax revenue. On Motion by Councilman Shaw, Seconded by Councilman Peterson, the City Council of the City of Beaumont approved and adopted Resolution No. 1979 -47. i AYES: Mayor DeForge, Councilman Shaw and Peterson. NOES: NONE. ABSENT: NONE. A -11 Staff report re: Resolution No 1979 -48, Property Tax Revenue to be exchanged between the County of Riverside and the City of Beaumont, Annexation #23. The Deputy Clerk read Resolution No. 1979 -48 by title only as requested by the Mayor. City Manager McClellan explained that this resolution was similiar to the previous resolution however a different annexation is involved. This annexation is in the vicinity of Xenia and 8th Streets, parcel #419 -170- 015 and 419- 160 -005. On Motion by Councilman Peterson, Seconded by Councilman Shaw the City Council of the City of Beaumont approved and adopts Resolution No. 1979 -48. AYES: Mayor DeForge, Councilman Shaw and Peterson. NOES: NONE. ABSENT: NONE. A -12 Staff report re: Setting of Date for Public Hearing regarding assessment of cost for undergrounding electrical services. Staff report was read by Deputy Clerk. By Order of Mayor 04, DeForge the date of Monday, January 14, 1980 at 7:30 p.m. in the City of Beaumont Council Chambers is the time and Zoo. place for hearing protests against the assessment of cost for undergrounding electrical services for 602 Allegheny Ave. r A -13 Resolution No. 1979 -49, Declaring the results of the Special Election of December 18, 1979.. The Deputy Clerk read Resolution 1979 -49 by title only as }} requested by the Mayor. On Motion by Councilman Peterson, Seconded by Councilman Shaw, the City Council of the City of Beaumont approves and adopts Resolution No. 1979 -49. AYES: Mayor DeForge, Councilman Shaw and Peterson. NOES: NONE. ABSENT: NONE. 1 A -14 Swearing in of the new Councilmen. Jack Martin and Richard Hammel were administered the Oath of Affirmation of Allegiance for Civil Defense Workers and Public Employees by Deputy City Clerk. Communications: 1. Mayor DeForge read the letter of resignation of Ron Cathcart, Building and Planning Department and accepted it. 2. Mr. Hammel and Mr. Marting both thanked their constituients for their support and accepted their election. 3. Councilman Peterson reported on the request of the Elks Club to advertise on the Civic Center marque the Jamboree they will be having. 4.. The Mayor reported on the loss of personnell in the Dog Pound, but provisions are being made for that service to be covered by the local Police Department. There being no further business to come before the Council, the meeting was adjourned at 8:15 p.m. Respectfully submitted, usan W. Frye Deputy City Cler BEAUMONT CITY COUNCIL MINUTES OF DECEMBER 22, 1980 The Beaumont City Council met in a Regular Meeting at 7:48 P.M., in the City Council Chambers at the Beaumont Civic Center, Monday, December 22, 1980, with Mayor Peterson presiding. A -1: CALL TO ORDER: a. Pledge of Allegiance to the Flag was led by Councilman Hammel. b. Invocation was given by Reverand Cliff Howry. c. On Roll Call the following Councilmen were present: Councilman Hammel, Councilman Lowry, Councilman Blankenship, Mayor Peterson. Councilman Shaw was absent due to illness. A -2: PLANNING COMMISSION: a. SITE PLAN REVIEW - Highland Springs Plaza APPLICANT: - CAL /Kinney Shoes LOCATION: North side of 6th, West of Highland Springs. The staff report concerning this site plan review was read by the Deputy City Clerk. Councilman Lowry stated that two changes should be made to the Site Plan, as follows: 1. A notation on the Site Plan stating "Construct 12'0" x 30'0" x .50 inches of 3000 psi air - entrained concrete paT reinforced with #3 @ 12" o.c. each way ", should be corrected to read 12'0" x 30'0" x .50 feet ". 2. The notation Section B /S -1, looks like a D, and should be made more definite as a B. On Motion by Councilman Lowry, seconded by Councilman Hammel, the Planning Commission of the City of Beaumont approves Site Plan No. 09 -80, submitted by AM- CAL /Kinney Shoes, with the corrections included as part of the conditions. AYES: Councilman Hammel, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: Councilman Shaw b. SITE PLAN REVIEW - Building Addition A Yates Industries LOCATION: 1060 East Third Street The staff report concerning this site plan review was read by the Deputy City Clerk. Mr. Jim Clarkson, Facilities Engineer for Yates Industries, answered questions from the Council regarding this project. There was no further discussion. On Motion by Councilman Blankenship, seconded by Councilman Hammel, the Planning Commission of the City of Beaumont v approves Site Plan No. 13 -80 as submitted by Yates Industries. AYES: Councilman Hammel, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: Councilman Shaw. c. LAND DIVISION 1980 -10 - Lot Line Adjustment APPLICANT: D. and LOCATION: East side of Michigan, South of First. The staff report concerning this lot line adjustment was read A -3: A' -4: by the Deputy City Clerk. The City Attorney addressed the Council stating that it was his-opinion that Section 5 -A specifically limits the depth of the lot to 160 feet, and there is no way that the City can grant this request without violating the City's own code, Ordinance No. 324. However, he agrees with the staff that, in general, the idea of the Ordinance is to attempt to allow lot sizes and widths to be adaptable to its general use, but you still have a specific provision right here in the Ordinance that says the depth cannot exceed 160 feet, and he thinks the .. City is bound by it, whether it is good or bad. Councilman Hammel said the adjacent landowners should be ad- vised about this, and certainly should have knowledge what might be developed in the future on this particular piece of property. Mr. D. J. Ward addressed the Council concerning his lot line adjustment application, with the City Attorney and members of the audience also participating in the discussion. On Motion by Councilman Lowry, seconded by Councilman Blankenship, the Planning Commission of the City of Beaumont tables this application for a lot line adjustment for further consideration. AYES: Councilman Hammel, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: - Councilman Shaw. Mr. Ward asked when this would be considered further and was informed there will be a new Planning Commission after tonight, and it was suggested that he contact an attorney as to what his best approach, to the Planning Commission might be. He was further informed to plan toward the end of January 1981 when the new Planning Commission has had a chance to become activated. APPROVAL OF MINUTES: On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont approves the minutes of Regu- lar Council Meeting of November 24, 1980 as corrected, the minutes of Adjourned Meeting of November 24, 1980 as published, the minutes of Regular Council Meeting of December 8, 1980 as published, and the minutes of Adjourned Meeting of December 8, 1980 as corrected. AYES: Councilman Hammel, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: Councilman Shaw. APPROVAL OF PAYMENT OF WARRANTS AND PAYROLL: a. On Motion by Councilman Blankenship, seconded by Councilman Lowry, the City Council of the City of Beaumont approves the payment of warrants as audited per Warrant List dated December 223, 1980, in the amount of $52,069.39, with the exception of Warrant No. 020536, which will be withheld for further informa- tion, and Warrant No. 020539 for clarification of charges. AYES: Councilman Hammel, Councilman Lowry,' Councilman Blankenship, Mayor Peterson. NOES: None. ABS: Councilman cilman Shaw . b. On Motion by Councilman Blankenship, seconded by Councilman Lowry, the City Council of the City of Beaumont approves the ayment of the payroll of December 12, 1980, in the amount of p$19, 081.92. AYES: Councilman Hammel, Mayor Peterson. NOES: None ABS: Councilman Shaw. Councilman Lowry, Councilman Blankenship, A -5: ORAL COMMUNICATION: a. Letter from Beaumont Chamber of Commerce, dated December 22, 1980, was read by the Deputy City Clerk. Concerning the lot being leased to the Chamber by the City, and informing the Council that the Preliminary Report Title Search was enclosed, and the deed would be prepared shortly. b. Letter from Jett's Prescription Pharmacy regarding the Beaumont Police Department, stating that having an unhappy experience with the Beaumont Police Department, and informing the Council of this unhappy experience, Mr. Jett now wants to compliment the same group for a job well done in dispersing a group of undesirables from the Pharmacy. A -6: PUBLIC HEARING: Beaumont Unified School District Request for Deve oper see as Mitigation Measures. The Public Hearing was declared open at 8:50 P.M. Mr. Jim Lucas, Superintendent of the Beaumont schools, addressed the Council explaining the school district's request for developer's fee as a mitigating instrument to offset the impaction of additional housing in the Beaumont School District. Mr. Lucas then answered many questions from the audience regarding this proposed fee. Resolution No. 1980 -51 was read in its entirety by the Deputy City Clerk for the audience's benefit. The City Attorney recommended the Resolution be amended as follows: Page 2, line 32, "Therefore this Council hereby instructs the City Planning Commission and the City Staff of the following policy: No new tentative tract or parcel map, conditional use permit or builLZg permit providing for /fesidential living unit or units; ss all e approved or issued in the City until its eve oper or applicant and the eB aumont - Unified School District have agree--cr in writing to a means by which the impaction caused by the construction and occupation of such residential living unit will be adequately mitigated, and that any sncF—su 1vision approved by the Planning Commission be so conditioned to require such mitigation." The Public Hearing was declared closed at 9:38 P.M. RESOLUTION NO. 1980 -51 - Providing for Mitigation of Local School Impaction. On Motion by Councilman Blankenship, seconded by Councilman Hammel, the City Council of the City of Beaumont adopts Resolution No. 1980 -51 as amended. AYES: Councilman Hammel, Councilman Lowry, Councilman Blankenship. NOES: None. ABSENT: Councilman Shaw. ABSTAIN: Mayor Peterson. On Motion by Councilman Hammel, seconded by Councilman Lowry, the City Council of the City of Beaumont adjourned to an Executive Session regarding the City Manager position and the Planning Commission appointments, at 9:40 P.M. On Motion by Councilman Hammel, seconded by Councilman Lowry, the City Council of the City of Beaumont reconvened to regular session at 10:19 P.M. Let the record show the City Council by majority agreement appoints John Swoda, as Interim City Manager until a permanent City Manager can be found. Let the record show the Ordinance will have to be amended before seven Planning Commissioners can be appointed, however, five Planning Commissioners have been appointed as follows: Charles Medina, Jerry Seaburg, Gene Thompson, "Doc" Barker and "Red" Livingston. On Motion by Councilman Blankenship, seconded by Councilman Lowry, the City Council of the City of Beaumont appoints the above named gentlemen to the Planning Commission of.the City of Beaumont. AYES: Councilman Hammel, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: Councilman Shaw. A -7: Request of Baldi Bros, Construction to Negotiate a Property Lease of Certain City Property. (Continued from meeting of December 8, 1980). The request from Baldi Bros. Construction and the staff report and recommendation from the Consultant City Manager were read by the Deputy City Clerk. Mr. Baldi pointed out they had withdrawn their request for a purchase option to buy, this new request states a lease only. Councilman Blankenship suggested the Acting City Manager be authorized to negotiate with Baldi Bros. Construction and then bring the matter back to the Council. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont tables Agenda Item 7 until the next regular Council Meeting. AYES: Councilman Hammel, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: Councilman Shaw. A -8: FAU -Y432 Project - Pennsylvania Avenue. Request for Additional Funding for Water Line Design and Relocation. The staff report concerning this request was read by the Deputy City Clerk, as well as the request from CG Engineering. Mr. George Molnar, a member of the Beaumont- Cherry Valley Water District Board of Directors, was asked by the Council why the City was being asked to pay for water line relocation. Mr. Molnar advised he was not familiar with this matter. Mr, Noel Christenson, President of CG Engineering, addressed the Council stating that it is anticipated that FAU funds will be available for the water line design and relocation. The way the FAU process works is that the plans have to be completed in their final form, submitted to Cal -Trans for their review, and then when they and the Federal Highway Administration gives final certifica- tion to the project, that, in effect, establishes the final budget for the project. In getting down to the present time, you are getting down to a situation where it is on a "first -come, first - served' basis. If you want to do a particular project, and if you think you are on the border -line, if you do hold back to see if funds are available, someone else will not be holding back, and will be going forward. As far as why the particular water line has to be relocated at the City's expense, his understanding is that it has been researched and the Water District has prior rights, which means, they had a water line in the street before it was officially a City street, or a County road, therefore, when the City wants to undertake a project, and it necessitates (because of the type of soil and the depth of the asphalt paving and the base material) moving the water line, or disturbing it, and it is a very, very old water line, the situation is where the person that wants that water lice moved, or disturb it, has to pay for the replacement, and in this case it is going to require the reconstruction of that water line. There was a lengthy discussion concerning the use of Asbestos'." Concrete pipe on this project between Councilman Lowry and Mr. Christenson, and the safety or non - safety of this pipe. Mr. Christenson pointed out that A.C. pipe was being proposed at the direction of the Water District, who would own, maintain and operate the water line after installation. The water line has to be reconstructed. There is no way around it. Whether CG Engineering does the redesign, or whether the Water District redesigns it, it has to be done. If the City wishes steel pipe to be installed, it will be more expensive. There is a possibility that the Water District will accept the installation of steel pipe; the City will have to talk with the Water District. The Council then directed the Acting City Manager to write the Beaumont - Cherry Valley Water District requesting that steel pipe be placed as water line on this project in place of the proposed A.C. pipe, specifically mentioning the potential health hazard of the A.C. pipe. In answer to questions from Councilman Hammel, Mr. Christenson advised the Council of the following: C G Engineering actually found out about the pipe having to be lowered in August, .1980. That is when the actual final determina- tion was made. They received Notice to Proceed, in other words, The City Agreed to pay CG,:_CG. agreed to do the work, then Cal - Trans and the Federal Highway Administration also have to agree that everything is in the proper form, all the executions are proper, and then they finally give their blessing. June 1, CG receives the Notice to. Proceed, they proceeded with their design work, well, first, with their preliminary surveys, with their design work, they contracted with Pioneer Consultants from Redlands to go out-and do the soils engineering, and all the investigation to determine the structural section, thickness of the asphalt, thickness of the base. They knew there was a water line in the street, no question about that. But they didn't know, until they received the report from Pioneer Consultants was that. the existing. material in that area is of very low quality as far as being able to support loads. They came up with a rather hefty structural section. This, then, put it in a situation where we were very concerned whether or not they were going to be able to reconstruct that roadway and not affect the water line. They asked the Water District to go out and pothole their line, dig it up, expose it, find out how deep it was. When they received the information back there were four locations that they had checked. That was not sufficient to really make it a firm determination. We asked for them to go back out and provide them with additional information. He believes they actually sent the request to the City at that time. They were also at this time contacting members of Cal -Trans to determine whether or not, if the water line replacement was necessary, it would be eligible for FAU money, and it is the old story, bring your project in, bring it in and then we will tell you whether or not we will fund that part of it. Generally, if there is money left available, if the roadway construction causes the relocation or replacement of a water line, an existing utility or sewer or gas line, or anything, it is an eligible part of the project. The only question was whether or not there was going to be enough money there to pay for it. When they got the final determination from the Water District, as far as the existing cover over the pipe, it became obvious, yes, they did have to relocate the line. So now we are talking about going from the first of June to substantially the end of November. A letter from their project engineer was directed to Susan Frye on the First of December. And that is when they said o.k., the good news is - the bad news is - here we are. It has to be relocated, do you want us to proceed. That was some twenty -two days ago, so that is another three weeks and one day. We aren't getting any closer to solving the problem. The City has a problem, the problem is this, the water line is there, the water line is totally deteriorated through those reaches of Pennsylvania Avenue, it has to be relocated if you want to do the street. It is that simple. Councilman Lowry stated it was mentioned that 300 feet of. this would not have to be relocated of the 1500 feet. Is that true? Mr. Christenson: Whatever Mr. Bracken indicated in his letter is correct. a Councilman Lowry: So ,there is 1200 feet instead of 1500 feet, if we held just to the minimum, that we would have to relocate then if we went to steel pipe. In other words, if the steel costs us more, we could put in 1200 feet instead of 1500 feet of A.C. in, we could get by maybe for the same amount of money. Mr. Christenson: Yes. There was further general discussion regarding the type of pipe from the floor. Mayor Peterson asked how many months are we going to have to spend in engineering before we can get under construction? Mr. Christenson stated they submitted the plans for checking in August, and the City Engineer was holding the plans, at that time, to get some of these other questions resolved before he was really going to proceed with the checking, so you can't fault him for that. Their plans are in for checking. Councilman Hammel: Since August, right? That is August, 5eptember, October, November, December. That is five months. How slow can we be. Mr. Christenson: It is not a case of being slow, Mr. Hammel, it is the situation where -he wants to be sure that what is being checked is going to be appropriate to spend time checking. _ Councilman Hammel: You will never get Pennsylvania in there, the way you are marching. Mayor Peterson: Don't attack him directly. I think what we are concerned with is there a deadline on our funds that we must expend somewhere along the line - again, they are going to say you have not drawn on your funds for this. Susan Frye: This funding is not at all similar to what you were referring to as Community Development money, where there is a draw down rate. The money is there, we have top priority, the project needs to be completed. Mayor Peterson: I realize there are definite steps that must be followed, I think what we are trying to do is give the people some kind of date when we can start. We get asked that all the time, it would be nice if somebody besides a Councilman could answer it. When will we start construction? Mr. Christenson: Let me do some quick projecting. We are talking about, I believe, forty working days. Let's say we start on the first day of January, we probably would have the water plans completed by the middle of February, or sooner. O.K., that has to go through their engineer. Their engineer is Engineering Science, I believe, so they are going to take them back to Pasadena most likely to check the plans. So we have that internal back and forth processing there. At the same time your City Engineer will be checking our street improvement plans and the specifications. After we get to a point where he is satisfied with them, and the Water District Engineer is satisfied with them, they will then go to Cal -Trans, and Cal -Trans will review them. After Cal -Trans gets done reviewing them, and putting their stamp of approval on them, then we basically will have a certification and will be able to advertise for bid. Now all this processing, depending on the staff at Cal -Trans, depending on the speed with which the District will process the plans, we can have the plans in to you, let's say, forty days after you say go. From that point forward, the other processing will probably take another ninety days, or even perhaps one hundred twenty days. So we are looking at probably three months minimum from the middle of February - March, April, May - I would say the middle of May to the first of July. Mayor Peterson: The first of July, possibly, before we start breaking ground. Now will that be for working on the water pipes, or for actually starting to resurface the road. 1W Mr. Christenson: It would be a cycle contract, and the first thing, of course, would be constructing the new water line preparatory to abandoning the old one. Mayor Peterson: And are we looking at six months from the time we start reconstructing the water line to the completion of road, or what would you say? Mr. Christenson: If we started - if we advertised, let's say, and you are ready to start working in June, you are probably looking at three months construction time. Mayor Peterson: At least three months construction time. So if we start in July, you've got August, September, October, possible completion date before Thanksgiving, hopefully, next year. Mr. Christenson: That is correct. Mayor Peterson: Well at least we've got an idea where we are at. Thank you. On Motion ,by Councilman Hammel, seconded by Councilman Low - .the City Council of the City ,of Beaumont accepted Addendum #2 , Water Line Design and Relocation, FAU -Y43.2 Project, Pennsylvania Avenue. AYES: Councilman Hammel, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: Councilman Shaw. A -9: Award of Bid for Resurfacing and REhabilitation of Maple Avenue Between 12th and 13th to Matich Corporation. On Motion by Councilman Lowry, seconded by Councilman Blankenship, the City Council of the City of Beaumont tables this Agenda item until the next regular Council meeting. AYES: Councilman Hammel, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: Councilman Shaw. A -10: RESOLUTION NO. 1980 -52 - Approving the Annexation to the City of Beaumont of Certain Uninhabited Territory Without Notice or Hearing Hereinafter Designated as Annexation No. 24 and Further Designated as LAFCO No. 80 -39 -3. The staff report was read by the Deputy City Clerk. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont tables this Agenda item until after Agenda Item No. 13 is considered. AYES: Councilman Hammel, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: Councilman Shaw. (This Resolution was heard out of sequence) On Motion by Councilman Blankenship, seconded by Councilman Lowry, the City Council of the City of Beaumont approves the annexation to the City of Beaumont Certain Uninhabited Territory designated as. Annexation No. 24, and Further Designated as LAFCO No. 80 -39 -3. The above motion was rescinded by Councilman Blankenship. On Motion by Councilman Blankenship, seconded by Councilman Lowry, the City Council of the City of Beaumont moves that Resolution No. 1980 -52 be read by title only, adopts Resolution No. 1980 -52 approving the annexation to the City of Beaumont Certain Uninhabited Territory designated as Annexation No. 24, and Further Designated as LAFCO No. 80 -39 -3. AYES: Councilman Hammel, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: Councilman Shaw. A -11: Courthouse Carpeting Replacement. The staff report concerning the replacement of the carpeting at the Courthouse was read by the Deputy City Clerk. On Motion by Councilman Lowry, seconded by Councilman Blankenship, the City Council of the City of Beaumont tables this Agenda item un ti 1 more bids have been obtained, and will consider it at the next regular Council meeting. AYES: Councilman Hammel, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: Councilman Shaw. A -12: I MAYOR /COUNCILMEN - Comments /Reports: a. Animal Welfare Society Memo dated November 26, 1980. (Continued from Meeting of December 8, 1980) . Council directed that a letter be written to the City of Banning waiving the fees collected for the City of Beaumont for animal retrieval for the Animal Welfare Society only. A -13: Consideration of Building Moratorium. Ordinance No. 520, An Interim Urgency Ordinance of the City of Beaumont, California, enacted pursuant to Said City's Police Power and-Section 65858 of the California Government Code, Pertaining to the State of the City's Sewage Disposal Facilities and Granting a 120 day Moratorium on the Processing of New Multiple Housing Developments and, the Granting of Building Permits for Construction of Any Private Building for Sale, was read in its entirety by the City Attorney. Questions regarding this Ordinance were then answered by the City Attorney. On Motion by Councilman Lowry, seconded by Councilman Blankenship, Ordinance No. 520 was read by title only by the Deputy City Clerk. AYES: Councilman Hammel, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: Councilman Shaw On Motion by Councilman Blankenship, seconded by Councilman Hammel, the City Council of the City of Beaumont adopts Interim Urgency Ordinance No. 520. AYES: Councilman Hammel, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: Councilman Shaw. COUNCIL COMMENTS: Councilman Blankenship commented regarding the agent of record for liability insurance for the City of Beaumont, reaffirming that Robert Berens Insurance is agent of record. Councilman Blankenship also stated he would like to see a portion of the guidelines recommended by the former City Manager imple- mented immediately, as follows: The City have an immediate investigative audit of every section of the City so they will know how much properties the City owns, how much money the City has invested, how much money the City has in restricted funds, write down everything the City has. In addition, Mayor Peterson stated, included in that should also be his recommendation regarding the implementation of an accrual cost accounting method of operation. Mayor Peterson asked that Dennis Davenport and Jim Blackmon be requested to work with the Council in an advisory capacity regarding the above audit, as well as the review of the budget. Mayor Peterson clarified this is the first step in forming an advisory committee. Councilman Lowry suggested the specific firm recommended by the former Consultant City Manager, located in Sacramento, be contacted by the Acting City Manager to make an appointment to talk with the City of Beaumont to see what they have to offer concerning the new accounting system. Councilman Lowry also suggested that Dean Roofing be contacted by the City Manager to find out when they plan to get the roofing job done. On Motion by Councilman Hammel, .seconded by Councilman Lowry, the City Council of the City of Beaumont adjourned to an Executive Session for personnel reasons at 11:59 P.M. Let the record show that at 12:25 A.M. the City Council of the City of Beaumont is still in Executive Session, but word from Mayor Peterson to the meeting states there will be no decisions made or actions taken. On Motion by Councilman Blankenship, seconded by Councilman Hammel, the City Council of the City of Beaumont reconvenes to regular session at 12:53 A.M. There being no further business to come before the Council the meeting was adjourned at 12:54 A.M. Date set for next regular Study Session, January 12, 1981, at 7:00 P.M. in the City Manager's Conference Room. Date set for next regular Council Meeting, January 12, 1981 at 7:30 P.M. in the City Council Chambers. Respectfully submitted, OL4" Deputy City Clerk r-. BEAUMONT CITY COUNCIL IUYii`►►�1 SPECIAL MEETING DECEMBER 26, 1979 The Beaumont City Council met in a Special Meeting at 7:00 p.m. in the City Council Chambers at the Beaumont Civic Center, Wednesday, December 26, 1979 with Mayor DeForge presiding. Pledge of Allegiance to the Flag was lead by Mayor DeForge. On Roll Call the following Councilmen were present: Mayor DeForge, Councilmen Shaw and Peterson. A -1 Ratification of Resolution N0. 1979 -49, Declaring the results of the Special Election of December 18, 1979. No discussion. On Motion by Councilman Shaw, Seconded by Councilman Peterson the City Council of the City of Beaumont approve and adopts the Ratification of Resolution No. 1979 -49.- AYES: Mayor DeForge, Councilmen Shaw and Peterson NOES: None ABSENT: None A -2 Swearing in of the New Councilmen. Jack Martin and Richard Hammel were administered the Oath of Affirmation of Allegiance for Civil Defense Workers and Public Employees by Deputy City Clerk. i There being no further business to come before the Council, the meeting was adjourned at 7:05 P.M. j1RIes submitted, Theresa A. Thompson Deputy City Clerk 3 B. C