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Home My Public Portal About1981BEAUMONT CITY COUNCIL MINUTES OF DECEMBER 28, 1981 1. The Beaumont City Council met in a regular meeting at 7:35 P.M., on Monday, December 28, 1981, in the City Council Chambers with Mayor Thompson presiding. 2. The invocation was given by Reverand W. W. Brewer. 3. The Pledge of Allegiance to the Flag was led by Councilman Shaw. 4. On Roll Call the following Council Members were present: Shaw, Hammel, and Mayor Thompson. Council Members May and Lowry were excused. 5. On Motion by Councilman Shaw, seconded by Councilman Hammel, the Minutes of Regular Council Meeting of December 14, 1981 were approved as submitted. AYES: Councilmen Shaw, Hammel and Mayor Thompson. NOES: None. ABSENT: Councilmen May and Lowry. ABSTAIN: None. 6. There being no objections, the Minutes of regular Planning Commission meeting of December 1, 1981 were accepted as submitted. 7. On Motion by Councilman Shaw, seconded by Councilman Hammel, the Warrants as audited per Warrant List of December 28, 1981, in the amount of $31,956.25 and Payrolls of December 11, 1981 and December 24, 1981, in the amount of $23,279.95 and $25,450.03 respectively, are approved for payment as audited. AYES: Councilmen Shaw, Hammel and Mayor Thompson. NOES: None. ABSENT: Councilmen May and Lowry. ABSTAIN: None. 8. ORDINANCE NO. 538 - Amending Ordinance No. 527, Section 10, to provide for an Increase in the Dollar Limitation Required to go to Bid on Equipment. SECOND READING. Ordinance No. 538 was read in its entirety by the Deputy City Clerk. On Motion by Mayor Thompson, seconded by Councilman Hammel, the City Council of the City of Beaumont adopts Ordinance No. 538 amending Ordinance No. 527, Section 10, to provide for an increase in the dollar limitation required to go to bid on equipment at its second reading. AYES: Councilmen Shaw, Hammel and Mayor Thompson. NOES: None. ABSENT: Councilmen May and Lowry. ABSTAIN: None. 9. ORDINANCE NO. 539 - Amending Ordinance No. 572, Section 5, to Require that all Bicycles must have Front, Rear, Wheel Spoke and Pedal Mounted Reflectors, and Section 9 to Require a White Light for Night Operation. FIRST READING. Ordinance No. 539 was read by title only by the Deputy City Clerk. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont passes Ordinance No. 539 for its first reading by title only. AYES: Councilmen Shaw, Hammel and Mayor Thompson. NOES: None. ABSENT: Councilmen May and Lowry. ABSTAIN: None. Page 1 10. ORDINANCE NO. 540 - Consolidating the Date for General Municipal Election with the Uniform District Election Day (November of Odd - Numbered Years). SECOND READING. The Ordinance was read by title only by the Deputy City Clerk. On Motion by Councilman Hammel, seconded by Councilman Shaw, the City Council of the City of Beaumont adopts Ordinance No. 540 consolidating the date for General Municipal Election with the Uniform District Election Day (November of Odd - Numbered Years) at its second reading. AYES: Councilmen Shaw, Hammel and Mayor Thompson. NOES: None. ABSENT: Councilmen May and Lowry. ABSTAIN: None. 11. ORDINANCE NO. 541 - Repealing Ordinance No. 164 and Ordinance 245. FIRST READING. During the discussion Mayor Thompson read Ordinance No. 164 in its entirety for the public's benefit, and advised that Ordinance No. 245 was exactly the same with the exception of a minor change. Ordinance No. 541 was read by title only by the Deputy City Clerk. On Motion by Mayor Thompson, seconded by Councilman Shaw, the City Council of the City of Beaumont passes Ordinance No. 541 for its first reading by title only. AYES: Councilmen Shaw, Hammel and Mayor Thompson. NOES: None. ABSENT: Councilmen May and Lowry. ABSTAIN: None. 12. Authorization to Sign Title IIB Agreement with CETA. On Motion by Mayor Thompson, seconded by Councilman Shaw, the City Council of the City of Beaumont authorizes the City Manager to sign the Title IIB Agreement with CETA on behalf of the City. AYES: Councilmen Shaw, Hammel and Mayor Thompson. NOES: None. ABSENT: Councilmen May and Lowry. ABSTAIN: None. 13. RESOLUTION NO. 1981 -65 - Pertaining to Ordinance 369, Prescribing Intersection Stop Signs at 14th and Beaumont Avenue to Expedite Traffic Flow and Safety. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont adopts Resolution No. 1981 -65 per- taining to Ordinance 369 prescribing intersection stop signs at 14th and Beaumont Avenue to expedite traffic flow and traffic safety, by title only. AYES: Councilmen Shaw, Hammel and Mayor Thompson. NOES: None. ABSENT: Councilmen May and Lowry. ABSTAIN: None. 14:. Selection of Engineering Firm to Conduct Sewer Master Plan Study. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont authorizes the City Manager to negotiate with Willdan and Associates to conduct a Master Sewer Plan Study; and further authorizes the Mayor or Mayor Pro Tem to execute the finalized contract after approval by Community Development. AYESr Councilmen Shp.w, Hammel and Mayor Thompson. NOES: None. ABSENT: Councilmen May and Lowry. ABSTAIN: None. Page 2 15. Curb and Gutter at Xenia Avenue Cul -de -Sac - Jack Nottingham. (Continued from December 14, 1981). This agenda item was continued until the regular meeting of January 11, 1982 pending receipt of inspection report from Contractor's State License Board. 16. Acceptance of Proposal for Installation of Two Manholes and Sewer Line for Sewer Line Extension as requested by Dr. A. S. Randhawa. On Motion by Councilman Shaw, seconded by Mayor Thompson, the City Council of the City of Beaumont accepts the proposal of Banning Plumbing Contractor in the amount of $4,900.00 for the sewer line extension for Dr. A. S. Randhawa as approved by Minute Order of Council action of September 14, 1981. AYES: Councilmen Shaw, Hammel and Mayor Thompson. NOES: None. ABSENT: Councilmen May and Lowry. ABSTAIN: None. 17. Recommendation on Allowable Reimbursement Mileage Rate for Use of Private Car on City business. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont establishes a policy to reimburse the use of a private automobile on City business at the rate of 20 cents per mile, in the event a City -owned vehicle is not available. AYES: Councilmen Shaw, Hammel and Mayor Thompson. NOES: None. ABSENT: Councilmen May and Lowry. ABSTAIN: None. 18. Revenue and Expense Statement for Period Ending November 30, 1981. This Revenue and Expense Statement for Period Ending November 30, 1981 was accepted and filed. 19. ORAL COMMUNICATION: There were no oral communication items. There being no further business to come before the Council, the meeting was adjourned at 9:08 P.M. Respectfully submitted, DtP'UTY CITY CLERK Page 3 BEAUMONT CITY COUNCIL MINUTES OF DECEMBER 14, 1981 1. The Beaumont City Council met in a regular meeting at 7:30 P.M., on Monday, December 14, 1981, in the City Council Chambers with Mayor Thompson presiding. 2. The invocation was given by Reverand Bob Whited. 3. The Pledge of Allegiance to the Flag was led by Councilman Hammel. 4. On Roll Call the following Council Members were present: May, Shaw, Hammel, Lowry and Mayor Thompson. 5. On Motion by Councilman Lowry, seconded by Councilman Hammel, the 6. Minutes of regular Council Meeting of November 23, 1981 were approved as presented, and the Minutes of regular Planning Commission meeting of November 17, 1981 were accepted as received. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 7. On Motion by Councilman Shaw, seconded by Councilman Lowry, the warrants as audited per Warrant List of December 14, 1981, in the amount of $350,211.25, and Payroll of November 25, 1981, in the amount of $27,426.18 are approved for payment as audited. 10 go 10. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. ORDINANCE NO. 538 - Amending Ordinance No. 527, Section 10, to provide for an Increase in the Dollar Limitation Required to go to Bid on Equipment. FIRST READING. The Ordinance was read by title only by the Deputy City Clerk. On Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council of the City of Beaumont passes Ordinance No. 538 for its first reading by title only. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. ORDINANCE NO. 539 - Amending Ordinance No. 472, Section 5, to Require that all Bicycles must have Front, Rear and Wheel Spoke Mounted Reflectors. FIRST READING. This agenda item was continued until the next regular meeting on December 28, 1981. ORDINANCE NO. 540 - Consolidating the Date for General Municipal Election with the Uniform District Election Day (November of Odd - Numbered Years). The Ordinance was read by title only by the Deputy City Clerk. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont passes Ordinance No. 540 at its first reading by title only. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. Page 1 11. RESOLUTION NO. 1981 -62 - Calling a General Municipal Election on November 8, 1983, and Requesting Consolidation with the Uniform District Election. RESOLUTION NO. 1981 -63 - Calling and Giving Notice of the Holding of a General Municipal Election to be Held in Said City on Tuesday, November 8, 1983, for the Election of Certain Officers of Said City as required by the Provisions of the Laws of the State of California Relating to General Law Cities. RESOLUTION NO. 1981 -64 - Requesting the Board of Supervisors of the County of Riverside to render Specified Services to Said City Relating to the Conduct of a General Municipal Election to be held in said City on Tuesday, November 8, 1983. The resolutions were read by title only by the Mayor and the Deputy City Clerk respectively. On Motion by Councilman Lowry, seconded by Councilman May, the City Council of the City of Beaumont adopts Resolutions No. 1981 -62, 1981 -63 and 1981 -64 by title only. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 12. RESOLUTION NO. 1981 -58 - Designating Michael Deursch as a Disaster Preparedness Officer for the City of Beaumont. The resolution was read by title only by the Deputy City Clerk. On Motion by Councilman Shaw, seconded by Councilman May, the City Council of the City of Beaumont adopts Resolution No. 1981 -58 designating Michael Deursch as a Disaster Preparedness Officer for the City of Beaumont. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 13. RESOLUTION NO. 1981 -59 - Setting Policy as to Probationary Period of New Employees. The resolution was read in its entirety by the Deputy City Clerk. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont adopts Resolution No. 1981 -59 setting a policy as to probationary period of new employees. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 14. RESOLUTION NO. 1981 -60 - Amending Ordinance No. 530 by Adding Sub - Section (F) to Section I, to Provide a Fee Schedule for Permit and Inspection of Curbs and Gutter, Match Up Paving and Sidewalks. The resolution was read in its entirety by the Deputy City Clerk. On Motion by Councilman Hammel, seconded by Councilman Lowry, the City Council of the City of Beaumont adopts Resolution No. 1981 -60 amending Ordinance No. 530 by adding sub - section (F) to Section I, to provide a fee schedule for permit and inspection of curbs and gutter, match up paving and sidewalks. AYES: Councilmen May, Hammel, Lowry and Mayor Thompson. NOES: Councilman Shaw ABSENT: None. ABSTAIN: None. Page 2 15. RESOLUTION NO. 1981 -61 - Opposing General Revenue Sharing Cuts. The resolution was read in its entirety by the Deputy City Clerk. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont adopts Resolution No. 1981 -61 opposing General Revenue Sharing Cuts. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 16. Removed from agenda prior to meeting. 17. Determination of Business License for Activities Conducted through the Recreation District and YMCA. (Continued from November 23, 1981). This agenda item was continued until the regular meeting of January 11, 1982. 18. Authorization of Contract Agreement for Performance of Services Relating to Dogs and Other Domestic Animals. (Continued from November 23, 1981). This agenda item was continued until the regular meeting of January 11, 1982. 19. Authorization to Implement Recommendation re: Senior Center Funds. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont allocates to Budget Account 10 -018- 047 the sum of $1,500.00 from Account No. 10- 025 -037, the reserve for contingencies; and authorizes all future funds raised by the seniors be deposited in Account 10 -493, the Senior Center Income Account and be allocated to 10- 018 -047 for expenditure purposes. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 20. Authorization for Use of Funds for Purchase of New Motor for Fire Department Water Tender. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont accepts the gift of $4,000.00 through the Volunteer Fire Department and directs that the funds be used for the purchase of a new motor for the water tender, and authorizes the Maintenance Department to install the motor. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 21. Letter from Jack Nottingham re: Curb and Gutter at Xenia Avenue Cul -de -Sac. This agenda item was continued until the regular meeting of December 28, 1981. 22. Set Date for Public Hearing on Appeal of Planning Commission Decision filed by James L. Hayes. 23. Set Date for Public Hearing on Appeal of Planning Commission Decision filed by Joseph Kirklin. On Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council of the City of Beaumont sets the date of January 25, 1982, at 8:00 P.M., for the Public Hearings of Appeals of Planning Commission Decisions filed by Mr. James L. Hayes and Mr. Joseph Kirklin. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. Page 3 24. 25. 26. 27. No MOM Revocation of Ordinances No. 164 and 245. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont revokes Ordinances No. 164 and 245. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. Recommendation regarding Lease of Portion of City Building for County Court Purposes. On Motion by Councilman Hammel, seconded by Councilman May, the City Council of the City of Beaumont accepts the recommendation of the City Manager for a one year extension of the lease with the County of Riverside at a monthly cost of $560.00 per month. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. Closure of City Offices during Noon Hour. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont authorizes the closure of the City Offices during the noon hour from 12 Noon until 1:00 P.M., commencing on January 1, 1982. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. Award of Bid - Sewer Collection System 1979 -1. On Motion by Councilman Shaw, seconded by Councilman May, the City Council of the City of Beaumont accepts the recommendation of Hicks and Hartwick and awards the bid for the Sewer Collection System No. 1979 -1 to Jones Brothers Construction Co., subject to holding the execution of documents to the authorized discretion of the City Manager and John Davis of Community Development, and approval of EDA, following the pre- construction conference to be held in approximately two (2) weeks, and further authorizes the Mayor to sign the documents on behalf of the City at the appropriate time. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. Policy Statement Governing the Use and Return of Equipment Provided Police Officers. On Motion by Mayor Thompson, seconded by Councilman Hammel, the City Council of the City of Beaumont adopts Policy Statement No. 2, dated December 9, 1981, with the changes indicated, and Interdepartmental Correspondence dated December 9, 1981, regarding the 9mm pistols, as official City Policy. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. Granting Approval for Council Members Lowry and May to be Absent from the State for a Period of Ninety Days. On Motion by Mayor Thompson, seconded by Councilman Hammel, the City Council of the City of Beaumont grants permission to Councilman Lowry and Councilman May to leave the State for the period of ninety days starting from the date indicated on their requests. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. PacrP 4 30. 31. 32. 33. KEN Third Stage Agreement between City and Jacobs Engineering for Pro- fessional Services on Sewer Plant Improvements. On Motion by Councilman Shaw, seconded by Councilman May, the City Council of the City of Beaumont enters into an Agreement with Jacobs Engineering for engineering services on the third stage of the wastewater treatment plant improvements, and authorizes the Mayor to execute the necessary documents. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. Temporary Help to Replace Custodian. On Motion by Councilman Hammel, seconded by Councilman Lowry, the City Council of the City of Beaumont authorizes the City Manager to hire temporary help to replace the custodian at the rate of $6.50 per hour; and further authorizes that Linda Ramirez be retained for an additional thirty days at the rate of $3.35 per hour, with the funds to be drawn from the contingency reserve fund. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. Authorization to Advertise for Bid to Obtain County Authorized Transportation Van. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont authorizes advertisement for bids to obtain County authorized transportation van, subject to County's approval. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. Authorization for City Manager to sign Notice of Exemption on Behalf of the City of Beaumont. On Motion by Councilman Lowry, seconded by Councilman May, the City Council of the City of Beaumont finds the Hershey Project exempt and adopts a CEQA Negative Declaration for the reason that it is a replacement of an existing sewer line within the City -owned right - of -way, and authorizes the City Manager to sign the Notice of Exemption. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. ORAL COMMUNICATION: a. Communication from Beaumont Chamber of Commerce regarding proposed Cherry Festival Association. Dennis Davenport, interim President of the Cherry Festival Association, addressed the Council regarding the newly formed association, who will be master host for the Cherry Festival. Mr. Davenport informed the Council of the various service clubs who comprise the Cherry Festival Association; explained what has been done, and what has to be done by mid - January; and made two requests of the Council. 1) A representative from the City of Beaumont be appointed to serve with the association; and 2) a monetary donation in the amount of $250.00. Mr. Michael Deursch was appointed as the City's representative to serve with the Cherry Festival Association. Page 5 On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont provides the Cherry Festival Association with $250.00 to be appropriated from the reserve contingency fund. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. There being no further business to come before the Council, on motion by Councilman Lowry, the meeting was adjourned at 10:10 P.M. Respectfully submitted, f DEPUTY CITY CLERK Page 6 BEAUMONT CITY COUNCIL MINUTES OF NOVEMBER 23, 1981 1. The Beaumont City Council met in a regular meeting at 7:33 P.M., on Monday, November 23, 1981, in the City Council Chambers, with Mayor Thompson presiding. :2. The invocation was given by Reverand Donald Heermans. 3. The Pledge of Allegiance to the Flag was led by Councilman Shaw. 4. On Roll Call the following Council Members were present: May, Shaw, Hammel, Lowry and Mayor Thompson. 5. There being no deletions, additions or corrections, the Minutes of regular meeting of November 9, 1981 were approved as submitted. 5. There being no objections, the Minutes of the Regular Planning Commission Meeting of October 20, 1981 were accepted as submitted. 7. On Motion by Councilman Shaw, seconded by Councilman Hammel, the warrants as audited per Warrant List of November 23, 1981, in the amount of $61,201.28 and Payroll of November 13, 1981, in the amount of $24,767.39 are approved for payment as audited. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. B. RESOLUTION NO. 1981 -57 - Declaring the Week Beginning November 22, 1981 as Family Week. This resolution was read in its entirety by the Deputy City Clerk. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont adopts Resolution No. 1981 -57 declaring the week beginning November 22, 1981 as Family Week. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 9. Acceptance and Filing of Audit Report for Year Ended June 30, 1981. On Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council of the City of Beaumont accepts and files the Audit Report for Year Ended June 30, 1981. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 10. Determination of Business License for Activities Conducted through the Recreation District and YMCA. Brien Ross of the Beaumont- Cherry Valley Recreation and Parks District addressed the Council giving background information concerning this agenda item, and answered questions from the Council. A committee comprised of Councilman May, Kirby Warner and Brien Ross was appointed to work together regarding this agenda item, with a report coming back to the Council at their next meeting. This agenda item was continued until the next regular meeting on December 14, 1981. Page 1 Authorization for Payment of Beaumont- Cherry Valley Water District Bill for Overage on Irrigation Water Meter Usage. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont authorizes payment of the Beaumont - Cherry Valley Water District bill for overage on irrigation water meter usage in the amount of $2,635.72. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: Councilman Hammel. ABSENT: None. ABSTAIN: None. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont instructs the City Manager to develop and implement a policy and procedures to improve and monitor the usage of irrigation water in the City of Beaumont. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 12. Authorization of Contract Agreement for Performance of Services Relating to Dogs and Other Domestic Animals. (Continued from November 9, 1981.) This agenda item was continued until the regular meeting of December 14, 1981. 13. Authorization for Mayor to Execute a Grant of Easement to Southern California Edison Company for Electrical Service at the Expanded Wastewater Treatment Plant; and authorization for Acting City Manager to Sign Contract with Southern California Edison for Subject Service. On Motion by Councilman Shaw, seconded by Councilman May, the City Council of the City of Beaumont authorizes the Mayor to Execute a Grant of Easement to Southern California Edison Company for Electrical Service at the Expanded Wastewater Treatment Plant; and authorizes the Acting City Manager to Sign Contract with Southern California Edison for subject service. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 14. Authorization to Sign Title V Agreement with Office on Aging. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont authorizes the Acting City Manager, Kirby Warner, to sign the Title V Agreement with Office on Aging. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 15. Appeal of Planning Commission Decision by Dick Caffroy of El Rancho Properties, Inc. Motion by Councilman Lowry, seconded by Councilman May, for the City Council of the City of Beaumont to adopt a Minute Order directing the Planning Commission to hold a hearing concerning El Rancho Properties, Inc. Parcel Map No. 18059, at no cost to the applicant. Motion by Mayor Thompson, seconded by Councilman Hammel, to amend Councilman Lowry's motion to include instruction to the Planning staff to make sure this matter is on the Planning Commission Agenda of December 1, and the applicant so informed. Page 2 VOTE TAKEN ON AMENDMENT TO MOTION. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. VOTE TAKEN ON ORIGINAL MOTION. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 16. ORAL COMMUNICATION: a. Mrs. Patricia Renna re Plans and Specs of 680 Beaumont Avenue. (Continued from November 9, 1981.) Mayor Thompson read a report received from the Chief Planner, Gary Croft, concerning this agenda item, and directed that Mrs. Renna, Mr. Jim Hayes and Mrs. Wohl be given a copy of the letter. Gary Croft, Mrs. Renna and Mr. James Hayes all addressed the Council concerning this agenda item. There being no further business to come before the Council, the meeting was adjourned at 9:41 P.M. Respectfully submitted, 1�z i ira, .( CXA- . DEPUTY CITY CLERK Page 3 BEAUMONT CITY COUNCIL MINUTES OF NOVEMBER 9, 1981 1. The Beaumont City Council met in a regular meeting at 7:33 P.M., on Monday, November 9, 1981, in the City Council Chambers, with Mayor Thompson presiding. 2. The invocation was given by Reverand George Kreiger. 3. The Pledge of Allegiance to the Flag was led by Councilman May. 4. On Roll Call the following Councilmen were present: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. 5. There being no deletions, additions or corrections, the Minutes of regular meeting of October 27, 1981 were approved as submitted. 6. On Motion by Councilman Shaw, seconded by Councilman Lowry, the warrants as audited per Warrant List of November 9, 1981, in the amount of $176,120.24 and Payroll of October 30, 1981, in the amount of $19,528.79, are approved for payment as audited. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 7. RESOLUTION NO. 1981 -53 - No Parking Zone at Cyrise Lane and Beaumont Avenue. (Continued from October 27, 1981). On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont moves to file this request and resolution. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 8. RESOLUTION NO. 1981 -54 - Approving the Annexation to the City of Beaumont of Certain Uninhabited Territory without Notice or Hearing Hereinafter Designated as Annexation No. 26 and Further Designated as LAFCO No. 81 -22 -3. (14th and Beaumont Avenue, Ray Schooley). The resolution was read in its entirety by the Deputy City Clerk. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont adopts Resolution No. 1981 -54. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 9. RESOLUTION NO. 1981 -55 - Approving the Application for Change of Zone No. 1000 and Amending the Official Zoning Map of the City of Beaumont. (Cougar Way at Sunnyslope, Charles Ciroalo). The resolution was read in its entirety by the Deputy City Clerk. On Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council of the City of Beaumont adopts Resolution No. 1981 -55. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. Page 1 10. RESOLUTION NO. 1981 -56 - Approving the Application for Change of Zone No. 1003 and Amending the Official Zoning Map of the City of Beaumont. (14th and Beaumont Avenue, Ray Schooley). On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont adopts Resolution No. 1981 -56 by title only. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 11. Cooperation Agreement for Community Development Basic Grant Funds Implementing the Housing and Community Development Act of 1980. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont will continue with the Cooperation Agreement for Community Development Basic Grant Funds Implementing the Housing and Community Development Act of 1980, and authorizes the Mayor to sign the Cooperation Agreement. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 12. Request for Support of the Beaumont - Cherry Valley Water District in their application for Three Block Grants. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont files Agenda Item No. 12. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 13. Request for Policy Pertaining to City Payment for Parking Fines Paid by City Employees while on City Business. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont denies payment of parking fines for City Employees while on City Business, and adopts this policy for any future claims for moving or parking fines incurred by City Employees while on City Business. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. The City Manager was directed to write the policy and place it in the Policy Procedure Manual, and display it in other appropriate places. 14. Authorization of Contract Agreement for Performance of Services Relating to Dogs and Other Domestic Animals. (Continued from October 27, 1981). This agenda item was continued until the regular meeting of November 23, 1981. 15. Request from Beaumont Volunteer Fire Department Pertaining to the 1937 La France Fire Truck. On Motion by Councilman Shaw, seconded by Councilman May, the City Council of the City of Beaumont declares the 1937 La France Fire Truck is surplus equipment due to its age, and transfers ownership from the City of Beaumont to the Beaumont Volunteer Fire Department at no cost. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 16. Decision on Police Department Personnel Allowance. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont will return this agenda item for further report on January 25, 1982, and that two officer positions will remain unfilled until that time, leaving fifteen total officer positions. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 1;7. Decision Pertaining to Business License and Animal Control Officer. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont places the Animal Control/ Business License Officer under the City Manager, and returns the police officer currently assigned to this position back to duty with the Police Department, effective December 1, 1982. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 18. Approval of Continuation of Bingo Games at the Beaumont Senior Citizens Center. On Motion by Councilman Shaw, seconded by Councilman May, the City Council of the City of Beaumont waives the fee for a bingo license for the Beaumont Senior Citizens Center. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 19. ORAL COMMUNICATION: a. Mrs. Patricia Renna re Plans and Specs of 680 Beaumont Avenue. (Continued from October 27, 1981). Mrs. Patricia Renna addressed the Council stating that she feels a site plan review is required for the building which has been placed behind the building at 680 Beaumont Avenue. Mr. Jim Hayes, owner of the Yamaha Shop at 680 Beaumont Avenue addressed the Council stating he had the landlord's permission to erect the structure behind the building, as well as City permits. This agenda item is continued until November 23, 1981 pending receipt of a report from the Planning Department giving justification, specifically after checking Ordinance No. 490, Sections 802.e, 804 -4 and 805.1d. There was then discussion regarding whether or not a Conditional Use Permit is required to allow dancing on the premises of a business serving intoxicating beverages. There being no further business to come before the Council, the meeting was adjourned at 9:30 P.M. Respectfully submitted, DEPUTY CITY CLERK Ir Page 3 BEAUMONT CITY COUNCIL MINUTES OF OCTOBER 27, 1981 1. The Beaumont City Council met in a regular meeting at 7:30 P.M., on Tuesday, October 27, 1981 in the City Council Chambers, with Mayor Thompson presiding. 2. The invocation was given by Reverand Herbert Moise. 3. The Pledge of Allegiance was led by Councilman May. 4. On Roll Call the following Councilmen were present: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. 5. There being no deletions, additions or corrections, on Motion by Councilman Shaw, seconded by Councilman Lowry, the Minutes of Regular Council Meeting of October 12, 1981 were approved as submitted. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 6. There being no objections, on Motion by Councilman Lowry, seconded by Councilman Hammel, the Minutes of Regular Planning Commission meeting of October 20, 1981 were accepted as presented. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 7. On Motion by Councilman Shaw, seconded by Councilman Hammel, Warrants as audited per Warrant List of October 27, 1981, in the amount of $60,551.97 and Payroll of October 16, 1981, in the amount of $22,909.02 are approved for payment as audited. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 8. Award of Bid for Pennsylvania Avenue Street and Waterline Improvements, FAU M -Y432 (1) . On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont awards the bid for the Pennsylvania Avenue Street and Waterline Improvements, FAU M- Y432(1), to Matich Corporation. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 9. RESOLUTION NO. 1981 -53 - Pertaining to Ordinance No. 369, Amending Resolution No. 1972 -17, by adding Sub - Section 26 of 13A to Prescribe an Additional No Parking Zone. On Motion by Councilman Shaw, seconded by Councilman May, the City Council of the City of Beaumont continues Resolution No. 1981 -53 until the next regular meeting contingent upon receipt of a report from the Police Department. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. Page 1 10. ORDINANCE NO. 534 - FIRST READING - Providing for the Creation of a Rent Review Commission, Prescribing Rules and Regulations, Providing for Mobile Home Mutual Rent Agreement, and Prescribing Procedures in Connection with Hearing before Hearing Officer and /or Commission, Providing Penalties and Providing for Enforcement of the Findings. Motion by Mayor Thompson for Ordinance No. 534 to pass for its first reading by title only died for lack of a second. 11. ORDINANCE NO. 529 - SECOND READING - Establishing a Procedure for the Granting of Franchises for Cable Television Systems and Repealing Ordinance No. 402. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont adopts Ordinance No. 529 at its second reading by title only. The Ordinance was read by title only by Mayor Thompson. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 12. ORDINANCE NO. 535 - SECOND READING - Amending Ordinance 416, Section 522 to Provide that Local Sewerage Charges shall be used for Main- tenance and Operation of the Plant, and Section 809 is added to Provide for Future Changes to the Ordinance by Resolution of the City Council. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont adopts Ordinance No. 535 at its second reading. The Ordinance was read in its entirety by Mayor Thompson. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 13. ORDINANCE NO. 536 - SECOND READING - Amending Ordinance No. 525, Section IV to Provide for the Extension of all provisions of Ordinance 525 to July 1, 1983. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont adopts Ordinance No. 536 at its second reading by title only. The Ordinance was read by title only by Mayor Thompson. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 14. ORDINANCE NO. 537 - SECOND READING - Amending Ordinance 524, Section 3, to Provide for the Extension of Time for all provisions of Ordinance 524. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont adopts Ordinance No. 537 at its second reading. The Ordinance was read in its entirety by Mayor Thompson. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. Page 2 15. Request for Authorization to Transfer Certain Funds for Fiscal Year Ending 1980 -81. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont authorizes the transfer of certain funds for Fiscal Year ending 1980 -81. Motion by Mayor Thompson, seconded by Councilman Hammel, to amend Councilman Shaw's motion to state "transfer certain funds as enumerated ". Vote taken on amendment to motion. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. Vote taken on motion. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 16. Recommendation to Continue with Rapid Data, Inc. for Data System. On Motion by Councilman Lowry, seconded by Councilman May, the City Council of the City of Beaumont repeals the action of October 12 awarding the Service Bureau Co /Lloyds Bank contract. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont accepts Rapid Data, Inc.'s proposal as outlined in the letter from Kirby Warner dated October 21, 1981, in which Rapid Data's proposal will set up for $300.00, and have a monthly charge of $800.00. Motion by Mayor Thompson, seconded by Councilman Lowry, to amend Councilman Lowry's motion to include authorization for the City Manager to sign the contract with Rapid Data for the City Council. Vote taken on amendment to motion. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. Vote taken on motion. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 17. Presentation of Draft Financial Statement Ending June 30, 1981. This agenda item was continued until the regular meeting of November 9, 1981. 18. Authorization of Contract Agreement for Performance of Services Relating to Dogs and Other Domestic Animals. Mrs. Marshall, 39046 Vineland, Cherry Valley, representing the Beaumont Animal Welfare Society, addressed the Council asking several questions concerning this agenda item and the animal control procedures. Page 3 Mrs. Billie Hills addressed the Council recommending consideration be given to some type of a spay and neutering program in the City of Beaumont. This agenda item was continued until the regular meeting of November 9, 1981. 19. ORAL COMMUNICATION: a. Patricia Renna re Plans and Specs of 680 Beaumont Avenue Mrs. Renna was not present, therefore, this agenda item was continued until the regular meeting of November 9, 1981. 20. Request for Authorization to Modify Brake System on Fire Truck. On Motion by Councilman Lowry, seconded by Councilman May, the City Council of the City of Beaumont authorizes the expenditure of $2,500.00 to modify the brake system to include (a) install "S" cam brakes on the front; (b) installing wider brake shoes; and (c)installing matched brake linings of better quality that are rated for cold and hot stopping; subject to the availability of funds. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. There being no further business to come before the Council, the meeting was adjourned at 9:05 P.M. Respectfully submitted, DEPUTY CITY CLERK Page 4 BEAUMONT CITY COUNCIL MINUTES OF OCTOBER 12, 1981 ]. The Beaumont Cit Council met in a Regular Meeting at 7:31 p.m. on Monday, October 12, 1981, in the City Council Chambers, with Mayor Thompson presiding. :2. The Invocation was givenby Reverand Harry Lansman. 3. The Pledge of Allegiance to the Flag was led by Councilman Shaw. 4. On Roll Call the following Councilmen were present: Councilman May, Shaw, Lowry, Hammel and Mayor Thompson. 5. There being no deletions, additions or corrections, the Minutes of Regular Meeting of September 28, 1981 stand as submitted. 6. There being no objections, the Minutes of the Regular Planning Commission Meeting of September 15, 1981 were accepted as presented. 7. On Motion by Councilman Shaw, Seconded by Councilman Lowry, Warrants as audited per Warrant List of October 12, 1981, in the amount of $61,482.96 and Payroll of October 2, 1981, in the amount of $22,880.33 are approved for payment as audited. AYES: Councilman May, Shaw, Hammel, Lowry and Mayor Thompson. .NOES: None. ABSENT: None. ABSTAIN: None. [Out of Sequence] Attorney Dougherty stated he is rewriting Ordinance NO. 538, and will have it ready for the First Reading at Council Meeting of October 27, 1981. B. ORDINANCE No. 529- First Reading- Establishing a procedure for the Granting of Franchises for Cable Television Systems and Repealing Ordinance No. 402. There was discussion concerning the proposed ordinance, with certain additions suggested: 1. Application fee be $2,000 with the amount of $1,500 be refunded (Page 34). 2. Administrative Officer be allowed sixty (60) days to make his recommendation. 3. Performance deposit of $50,000 not to exceed two years. (Page 37.) 4. Liability Insurance in the amount of $1,000.000 in all categories. (Page 39.) 5. Property damage insurance in an amount of $50,000 (Page 39.) 6. Strike alternative No. 2 as a rate schedule. (Page 47 and 48) 7. Section 18 of Ordinance shall be the section which repeals Ordinance 402. 8. Section 19 of Ordinance shall be the effective date. On Motion by Councilman Shaw, Seconded by Councilman Hammel, the City Council of the City of BEaumont approves the additions proposed for Ordinance No. 529 and hereby adopts Ordinance No. 529 for the First REading of same by title only. The Deputy City Clerk read the Ordinance by title only. AYES: Councilman May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. page 1 9. Ordinance NO. 535- FIRST READING - Amending Ordinance416, Section 522 to provide that Local sewerage charges shall be used for Maintenance and Operation of the Plant, and Section 809 is added to Provide for Future changes to the Ordinance by Resolution of the City Council. There was discussion concerning this proposed ordinance. On Motion by Councilman Hammel, Seconded by Councilman Shaw, the City Council of the City of Beaumont approves Ordinance No. 535 by title only, for the First Reading. The Deputy City Clerk read the Ordinance by title only. AYES: Councilman May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 10. ORDINANCE NO. 536 -FIRST READING - Amending Ordinance No. 525, Sect- ion IV to Provide for the Extension of All Provisions of Ordinance 525 to July 1, 1983. Report given by the City Manager. Ordinance 525 expires soon, proposed ordinance would set July 1, 1983 as the expiration date unless a prior date set by Resolution is made. On Motion by Councilman Lowry, Seconded by Councilman Hammel, the City Council of the City of Beaumont approves Ordinance No. 536 for the First Reading, by title only. The Deputy City Clerk read the Ordinance by title only. AYES: Councilman May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. .11 ORDINANCE NO. 537 -FIRST READING - Amending Ordinance 524, Section 3 to provide for the Extension of time for all provisions of the Ordinance 524 . Report given by the City Manager. On Motion by Councilman Lowry, Seconded by Councilman Shaw, the City Council of the City of Beaumont approves Ordinance No. 537 for the First Reading, by Title only. The Deputy City Clerk read the Ordinance by title only. AYES: Councilman May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 12. RESOLUTION NO. 1981 -31- Amending Sewer Charges Pursuant to Ordinance 416. (Continued f0-« July 16, 1981). Recommendation for Continuance until OCtober 27, 1981. This item is held over until the meeting of October 27, 1981 at which time a complete report will be available. :13. RESOLUTION No. 1981 -51 - Approving the Destruction of Certain Police Department Records, Documents, and Papers, Pursuant to Government Code Section 34090 of the State of California. Report given by the City Manager. Attorney Dougherty reviewed and submitted the resolution for the Council Consideration. On Motion by Councilman Lowry, Seconded by Councilman May, the City Council of the City of Beaumont approves Resolution No. 1981 -51 approving the destruction of two year old records. Page 2 The Motion by Councilman Lowry and the Second of Councilman May were retracted. On Motion by Councilman Lowry, Seconded by Councilman May, The City Council of the City of Beaumont approves Resolution 1981 -51. The Deputy City Clerk read Resolution 1981 -51. AYES: Councilman May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 14. RESOLUTION NO. 1981 - 52 - Supporting Veterans Recognition Month. Resolution No. 1981 - 52 was read by the City Clerk. On Motion by Councilman Shaw, Seconded by Councilman Lowry, The City Council of the City of Beaumont pdopts Resolution 1981 -52. The City Manager announced in recognition of Veterans Day, the City Offices will be closed October 26, 1981. AYES: Councilman May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 1.5. Request from the County of Riverside Office of Raod Commissioner for City Council Action in Support of Senate Bill 215, the Transp- ortation Funding Bill of 1981. Mayor Thompson stated that no action is needed, and order the item to be filed. 1.6. Claim of Nicholas Mickel Against the City of Beaumont. The City Manager reported, recommending the City Council reject the Claim and refer to the Insurance carrier of record. Mayor Thompson furthered explained to the audience that this is standard procedure. On Motion by Councilman Lowry, Seconded by Councilman Hammel, the City Council of the City of Beaumont refers the claim of Nicholas Mickel against the City to the City's Insurance carrier of record. AYES: Councilman May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 17. Recommendation from City Manager regarding case of Sanchez vs City Of Beaumont, et al. The City Manager recommends to disclaim any interest in the subject property. Also to waive any lien on the property. City Attorney Dougherty reports that the lack of records makes it unclear of the title of the property. The lien on the propoert consists of a judgement in the amount of $254.05. On Motion by Councilman Lowry, Seconded by Councilman Hammel, the City Council of the City of Beaumont authorizes the City Attorney to file a disclaimer fo interest in the case of Sanchez vs City of Beaumont. page 3 18. Award of Bid for Pennsylvania Avenue Street and Waterline Improve- ments, FAU M -Y432 (1). On Motion by Councilman Shaw, Seconded by Councilman Hammel, the City Council of the City of Beaumont awards the bid to the Matich Corporation, who was the low bidder on the Pennsylvania Avenue project, FAU M -Y432, subject to the approval of CALTRANS. AYES: Councilman May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. .19. Request for Approval to Advertise for Bids - Sewer Collection System, EDA Project NO. 07 -01- 02181. On Motion by Councilman Lowry, Seconded by Councilman Shaw, the City Council of the City of Beaumont authorizes the request to advertise for bids on the EDA Project No. 07 -01- 02181, subject to the Approval of the Economic Development Administration and The Community Development Block Grant Program . AYES: Councilman May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. City Manager commented that the City was ready to go to bid two weeks ago, however, the EDA office wanted comments from the State Historical Preservation Officer assuring us it would take at least a month for those comments. Much to EDA's surprise, the necessary comments and paper work were completed in two weeks. :20. Request for Authorization to submit Claims for Article 4 and Article 8 monies. On Motion by Councilman Shaw, Seconded by Councilman Lowry, the City Council of the City of Beaumont authorizes the Claims for Article 4 and Article 8 be submitted by the Finance Director to SCAG and Department of Transportation for payment. AYES: Councilman May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 21. Community Development Block Grant 8th Year Application. Discussion was held on the applications to be submitted for funding. City Manager explained the process of ranking the proposals that are submitted, further clarifying that the City need not prior- itize the applications. Councilman Shaw asked that the application for the telesquirt fire equipment be included with the Community Center and First Street Sewer line projects. Bill Killough: 649 E. lst. stated he would like to see sewer there. Brian Ross, General Manager of the Beaumont Cherry Valley Park and Recreation District addressed the Council regarding the submission of the project: Community Multipurpose Senior Center, citing duplica- tion of effort, and untimeliness of request. On Motion by Councilman Lowry, Seconded by Councilman Hammel, the City Council of the City of Beaumont authorizes the three applications 1. Community Multipurpose Senior Center 2. First Street Sewer Line , and, 3. Telesquirt ladder and pumper Apparatus be submitted to the Office of Community Development for funding in the Community Development Block Grant program. AYES: Councilman May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. page 4 22. Recommendation to Begin new Data Service System through Service Bureau Co. /Lloyds Bank. The City Manager reported that at the last Council Meeting the Council approved funding for the payroll system to be incorporated into the system at Rapid Data. Those funds have not been spent at this time. Presently we are paying Rapid Data approximately $750. monthly for the payroll portion only. The Service Bureau Company has given a proposal (which includes the A /P, Billing, Payroll and General Ledger) at an estimated monthly cost of $700.00, estimated installation cost of: $2,200.00. Other proposals submitted by Rapid Data and Bank of AMerica. There is an- other category of activity that needs to be included at first of year. The Service Bureau Company will be able to provide monthly reports showing the complete financial picture. On Motion by Councilman Lowry, Seconded by Councilman May, the City Council of the City of Beaumont hereby authorizes the City Manager have the selection of Data service system through Service Bureau Company. AYES: Councilman May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 23. Decision on Request of Office on Aging re: City Participation in Senior Program. City Manager gave report on the present situation of funding and services provided with that funding. The County will contribute $6.00 an hour for a Senior Administrator, and will contribute $2,000 to retain the present encumbent, Era Rodeman in the capacity she is in for the balance of the year. (Pointing out that they would not continue that practice in the future.) They would also provide an enrollee, on a grant basis. Other questions and comments were made regarding the program services and numbers of Senior served by the Senior Center. On Motion by Councilman Shaw, Seconded by Councilman Lowry, the City Council of the City of Beaumont accepts the Title IIIB Social Services agreement for the period of July 1, 1981 to June 30, 1982, with the stipulation that the full time Director at the rate of $6.00 an hour shall commmence at November 1, or as soon as possible thereafter, and all arrangements prior to Nov- ember 1 shall remain as in the past. AYES: Councilman May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 24. Oral Communications: Bill Killough re: waiver of curb and gutter. Bill Killough, 649 East First Street, Beaumont. Would like to see if he could receive a variance on the curb and gutter (2551) which Planning Commission stipulates for the improvement of his property. City Manager interjected that the City Council would either have to rescind the ordinance of the City or advise Mr. Killough to file an appeal to the Planning Commission on his tentative tract map. Mr. Killough asked additional questions. He stated his alternative plan is to build his house on an adjacent piece of property. His building permit is about to expire. His lot split application is being forwarded to the City Council for their approval. The City Manager made that recommendation that since he was issued his building permit in error (he did not have a legitimate place to build) the City should extend the building permit, or indicate he will be provided with the same permit with no additional costs when and if he decides to build where he chooses, if permitted. page 5 24. Continued. Mr. Killough will withdraw his lot split application at his first opportunity and renew his building permit to Palm AVe. Attorney Dougherty recommended and City Manager concurred that it would be easier to refund Mr. Killough's building permit fee. On Motion by Councilman Shaw, Seconded by Councilman Lowry, the City Council of the City of Beaumont authorizes the refund of the building permit issued for Bill Killough. AYES: Councilman May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. There being no further business to come before the Council, On Motion by Councilman Lowry, Seconded by Councilman Shaw, the meeting was adjourned at 10:25 p.m. Respectfully submi- t.t-e-d, Deputy City Clerk l 'J BEAUMONT CITY COUNCIL MINUTES OF SEPTEMBER 28, 1981 1. The Beaumont City Council met in a Regular Meeting at 7:35 P.M., on Monday, September 28, 1981, in the City Council Chambers, with Mayor Thompson presiding. 2. The Pledge of Allegiance to the Flag was led by Councilman Hammel. 3. The Invocation was given by Councilman Lowry. 4. On Roll Call the following Councilmen were present: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. 5. There being no deletions, additions or corrections, the Minutes of Regular Meeting of September 14, 1981, Adjourned Meeting of September 15, 1981 and Special Meeting of September 24, 1981 stand as submitted. 6. There being no objections, the Minutes of Regular Planning Commission Meeting of September 1, 1981, were accepted as presented. 7. On Motion by Councilman Shaw, seconded by Councilman Lowry, Warrants as audited per Warrant List of September 28, 1981, in the amount of $57,487.23 and Payroll of September 18, 1981, in the amount of $26,816.53 are approved for payment as audited. AYES: Councilmen May, NOES: None. ABSENT: None. ABSTAIN: None. 7.3. (Out of Sequence) Shaw, Hammel, Lowry and Mayor Thompson. Notice of Completion and Request for Partial Payment - Fence Project, Sewer Treatment Plant. On Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council of the City of Beaumont authorizes the Mayor to execute the Notice of Completion and authorizes payment for the fence project as follows: Partial Payment of $15,117.94 immediately and payment of the retained $7._,679.76 upon expiration of thirty -five (35) calendar days after date of recording of Notice of Completion provided no valid claims for non - payment of labor and /or materials are properly filed with the City during said 35 -day period. AYES: Councilmen May, NOES: None. ABSENT: None. ABSTAIN: None. 7.4. (Out of Sequence) Shaw, Hammel, Lowry and Mayor Thompson. RESOLUTION NO. 1981 -45 - Authorizing the Signing and Execution of the Memorandum of Understanding between the City of Beaumont and the General Employees Unit. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont adopts Resolution No. 1981 -45 author- izing the signing and execution of the Memorandum of Understanding between the City of Beaumont and the General Employees Unit, by title only. The resolution was read by title only by the Deputy City Clerk. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. Page 1 1.5. (Out of Sequence) RESOLUTION NO. 1981 -46 - Authorizing the Signing and Execution of the Memorandum of Understanding between the City of Beaumont and the Beaumont Confederation of Police. On Motion by Councilman Hammel, seconded by Councilman Lowry, the City Council of the City of Beaumont adopts Resolution No. 1981 -46 authorizing the signing and execution of the Memorandum of Understanding between the City of Beaumont and the Beaumont Confederation of Police, by title only. The resolution was read by title only by the Deputy City Clerk. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 8. PUBLIC HEARING - Zone Change No. 1000. Applicant: Charles Ciraolo. 40.22 acres east of Beaumont Avenue, north of Cougar Way, from R -1 to R -MH. The Public Hearing was opened at 8:04 P.M. Gary Croft, Chief Planner for the City of Beaumont, addressed the Council giving them the background on this proposed zone change and answering questions from the Council regarding the findings and recommendations of the Planning Commission. Mayor Thompson called three times for anyone wishing to speak in opposition to this zone change to come forward. There was no response from the audience. Mayor Thompson then asked if there were any proponents of this zone change who wished to speak. There was no response from the audience. The applicant, Mr. Charles Ciraolo, answered questions from the Council concerning his proposed mobile home park development. Mayor Thompson again asked if there was anyone in the audience who wished to speak concerning this zone change with no response from the audience. The Public Hearing was closed at 8:20 P.M. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont approves Zone Change No. 1000 for applicant Charles Ciraolo on 40.22 acres east of Beaumont Avenue, north of Cougar Way, from R -1 to R -MH, as recommended by the Planning Commission, and adopts the Planning Commission's recommendations and findings. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 9. PUBLIC HEARING - Appeal filed by Baldi Bros. Construction Co. of Planning Commission Decision re:Conditions of Approval of Plot Plan No. 1006. Mayor Thompson announced he would abstain from voting on this agenda item due to a distant relationship with Baldi Bros., however, he would chair the hearing. The Public Hearing was opened at 8:25 P.M. The appellant, Mr. Manny Baldi, of Baldi Bros. Construction Co., addressed the Council outlining the three conditions of approval which they were appealing, as contained in their letter dated September 17, 1981. Mr. Baldi stated they have three items which were pretty well Page 2 spelled out in their letter, and the Planning Commission, on recommen- dation of the City Planner, wants them to put in the entire off -site, which runs from First Street to California and Third Street around the project. We are talking about strictly the off -site improvements which is the curb and gutters and any street repair work. We would like to be able to build one building at a time, whichever building we choose. Whichever situation would meet our needs best. So we would like to stop the off -site improvements on the center line of each building - for example, if we were to choose to build Building C, then we would stop - we would do all the improvements on First Street and come around the corner and stop center of the building. If we were to choose Building B, then we would stop . . . . or Building A, we would do from where First Street is -- I mean Third Street to the center of Building B. That is the way we would like to see it happen. However, the Planning Commission, on the recommendation of staff said they would like to see us put in all those improvements all at one time. So that if we were to choose to build Building C, it would mean putting in all those streets, plus the curb and gutters, plus a drainage channel between Building A and B, and do all of the catch basins for flood control up through First Street including . . just to build the one building, and if we have to do all that then the project does not become feasible, and not financially possible at all, because that one building couldn't support all the expenses to do all those site improvements. So we would like to have that changed. We will do the site improvements when we build the buildings. I think that covers just about all of . . . we asked on our original application that First Street is not in, and we do not like to put it in. I mean Third Street. And we had asked on our request not to put it in, however, the Planning Commission, on the recommendation of staff, says they would like to see us put it in. I myself do not want to put it in - the property owner adjacent to us on the other side, who is here in the audience, also does not want to see us put it in, unless the City is willing to pay for it - the whole thing without being assessed back to us. And even that, I would still not like to see it put in because it would disrupt the whole development as we have it planned. As you see in that drawing over there, in order to accommodate the street, we would have to move the building, or do away with a lot of the parking spaces that we have planned for the area. Say we changed the whole site, and again we would make . . . it would do some restriction to the project, and I really don't want to put it in. And I really don't want the street there. I don't think it would do anything for the City, it would do nothing for the project other than to make us or the City spend a lot of money to put that in there. And I think that is my whole objection to the whole thing. Then there was the sewer. The Planning Commission said we had to put in a sewer which the City has no plans or knowledge where the sewer is going to run at this time. We are saying that we want to comply with code, if there was one that would apply to us at the time the Planning Commission made the decision. But there was no plans - there was no engineering planning on it - we do have a sewer line that goes right through our property. As far as we are concerned, I am sure we could attach to that - everybody has. If the City has some other ways that it could be done, and if it costs Baldi Bros. extra money to run it on the street to accommodate future tie -ins, we would like to be reimbursed either by the City or by the people that will, in the future, tie in to it. I don't think we should be faced with spending all the money to put that sewer in, and then let everybody else hook in at no cost. I am saying I am willing to do that with some assurance that we would be reimbursed somewhere along the line, either when someone else hooks up to it, or if we improve the City's sewage problems, we would like to have the City participate in it. That is about it. Councilman Lowry: I have a question. If you want to do this in thirds, would you be willing to subdivide the property into thirds so that there is three lots there instead of one big property. Mr. Baldi: You mean would I be willing to go legally get it done? Well, if we have the time I suppose we would have no objections. We probably will end up having to do that anyway, if we ever want to Page 3 sell a building separate. But I wouldn't want to make it a condition that I will do that to get City approval. I am sure that somewhere along the line, even to get financing, that we probably would have to do that anyway, so I don't see a big to -do on that. Councilman Lowry: Well, it is just more or less that we know we are approving one piece of property with its development, instead of an entire project, which you don't know what will happen to it in the future. Mr. Baldi: The problem that we have right now is if we build one building, and if we choose to build Building C, it would take so much money to do all the off -site improvements that we couldn't possibly get enough rent to make the building pay for it, because there is so much earthwork that has to be done - there is the drainage channel that has to be built - probably all of the off - site improvements will cost twice as much as the building. So there would be no way we could get the cost out of it. Therefore, it just wouldn't be built - period - paragraph - absolutely. I mean if we were to start on this when we started , if we were permitted to go ahead with it at that time, the economy was such that we could go ahead and build the whole project - we had it all ready to go. But, you know, we have been monkeying around with the thing for almost a year, and here we still are arguing about a few things - and each day passes - this ability just gets less and less. We had to set up a plant way out in Georgia because of the lack of these facilities, and we either go or we just - that will be the end of it - we just will absolutely have to forget about it. There is no more. Thank you very much. If you have more questions, I will be glad to answer them. Mayor Thompson: Is there anyone in the audience who wishes to speak as an appellant. Councilman Lowry: May I ask the City Attorney a question. Is there an advantage in dividing that property beforehand - both to him and to us? Mr. Dougherty: Is it one big piece of property now? I would think you ought to change the boundaries so you would have three separate parcels. Councilman Lowry: If he wants to do one at a time. Mr. Dougherty: I think that would be logical to change the boundary on that - or establish a boundary by an engineer to separate the three developments. Gary Croft: Yes, normally a parcel map would be required. One of the reasons staff did not recommend a parcel map in the initial phase was because of the urgency which was expressed by the developer in preparing the project, and getting it underway. But that would normally be required, and would be, in effect, something which would have to be done if he were to sell the property as he indicated also. In most cases, in getting financing from a lending institution, it would also require that he would process a parcel map and divide the property. Councilman Lowry: Well the thought occurred to me that if he had just that - where C Building is on - and he wanted to put a building on it, and came to us, we would look at it entirely different than if we were looking at the entire property at one time. Therefore, if it was divided we might look at it in a different manner. Gary Crofts: Yes, one thing, our current processing time on a parcel map would range between two to three months before final tentative approval at the Council. This would depend on the timing, and of course, the notification at the Commission and also at the Council. There would be that kind of a delay, then he would have to complete the conditions of approval related to the parcel map before he could record and, in effect, have a final map on three separate legal parcels. That wouldn't necessarily preclude him from, however, building one of the phases while that were in process. Norman Davis: Gary, and members of the City Council, it might well Page 4 be a condition of approval of the parcel map that all those off - site improvements be put in there, so you are not gaining a thing, in fact, it would almost be assured that that would be a require- ment. Gary Croft: Yes, I was going to add that, Councilman Lowry: Supposing there were three different owners. Norman Davis: The point is, though, if you stick by your standards, that all governmental institutions undertake at the present time, when you create a parcel map you upgrade your surrounding streets, and I know of no jurisdiction that would not require curb and gutter and match -up paving as a condition of approval of a parcel map. Councilman Lowry: Well I think what he is saying if he did C, he was willing to do that on . . . Norman Davis: No, I am talking about just I think really in talking that route your requesting, which is to allow them only to one -third of the property. Because if you you would have all the requirements put in doing anything. a parcel map alone. So not meeting what he is develop the off -site on went to a parcel map before you ever started Gary Croft: The only off -sites he would actually save by doing a parcel map as opposed to what the Commission recommended - he would not have to do the landscaping. But basically all the other require- ments would be normal_ conditions of the . . . Councilman Lowry: All three pieces of property even though they had them divided - he would have to do that . . . Norman Davis: Before you got them divided . . . Gary Croft: Before you divided it. That would be a normal condition of approval and it would have to be completed before the legal division took affect. Councilman Lowry: I thought there might be a way we could cooperate with him to some extent by doing that. Gary Croft: You have the option of amending the conditions of the plot plan, and that, in effect, is where your accommodations can occur. Doing a parcel map, in fact, would require him to put in Third Street, which was also one of his objections. Under the existing General Plan shows a street there, and it would require that to continue in. You would have to amend the circulation element, which are currently in hearings before the Commission, before vacation can be considered, because it is on the circulation element of the General Plan. Again, it is that constitution and law relationship. Vacation is a law which would implement that circulation element. Mayor Thompson: Is there anyone in the audience who wishes to support Mr. Baldi's appeal from the conditions of the Planning Commission. Fidel Ochoa, 332 Walnut: We own the property that is immediately north of the project that we are discussing this evening. One question, on the sewer line they are talking about - I am not quite sure - are they talking about the sewer line that goes through the property, or a new line they want to put in that would be on the California side that would run from First toward Third? Gary Croft: What the Commission recommended in their condition of approval, lacking a definitive report from the City Engineer, was that a line be put in on California Avenue running northerly from the north edge of Building C, and intersect with the existing sewer line, which runs between Buildings A and B. Since that time, we have received a report from the City Engineer, which defines a different option which would be more to the advantage of the City Page 5 and would not require a sewer line to be placed on California Avenue. So there is, again, an option in terms of the conditions which . . This relates to the so- called "Hershey By- Pass ". There is currently a proposal to take the line out of the block easterly of California and run it down Third Street to California, then run it southerly to the approximate alignment of the existing sewer line which runs between Buildings A and B, and then the line would continue on on its existing alignment. That by -pass is to be a 12" line, and the existing line happens to be a 10" line through the property, and part of the engineer's proposal is that existing 10" line be replaced with a 12" line as one of the conditions of approval. Councilman Hammel: Have you got any idea at all how old the 10" line is? Gary Croft: Looking at. . . we did walk around the site, including the manholes on the property, both northerly and southerly, and it appears that it has been there a great length of time, and I would hate to hazard a guess, not being an expert in that - but it appears to be a very old line. One of the things that will occur at approxi- mately the location of the sewer line through the property, the fill over the existing manhole and line will be an additional eight, nine or ten feet approximately, and this will require the existing manhole to be elevated - torn down and rebuilt basically - and the City Engineer's report reflects that. It would be unwise in terms of that sewer line to leave the 10" line - bring in a 12" above it - and in effect have a coke bottle affect running through the middle of the property, which later would have to be dug up through the nine feet of fill, and then replaced with a 12" line, and it would be much to the advantage of everyone concerned that that be done at this time prior to the . . . Councilman Hammel: In other words, under no circumstances would you recommend to even make a connection into the 10" line at this time? Gary Croft: On the basis of what the City Engineer has explained to me, yes that is correct. Councilman Shaw: What are we talking about - 400 feet? Gary Croft: 460. There would need to be a manhole, in effect, at California where the junction would come from the by -pass, and another manhole at Walnut - or an extension of the existing 12" line all the way down to the next manhole, which is approximately . . . prior to Grace, about 200 feet this side of the east side of Grace - where the line does expand to a 12" - and that is where there would have to be a 12" line placed. Councilman Lowry: Have the Baldi Bros. been given a copy of the City Engineer's recommendation. Baldi Bros. No we have not. Councilman Hammel: Mr. Davis, is it possible that tomorrow morning the Baldi Bros. will have a copy of the recommendation. Norman Davis: They should be given a copy now. This should be corrected now. Mayor Thompson: Fidel, did you get your question answered? Fidel Ochoa: Partially. I was mostly concerned with what they had talked about - was a line there at California. I understand they have changed their mind on that. Now, the sewer line they are talking about - the flow line is coming from the northern section of town, it crosses California - now you are talking of bringing that same line down Third Street. . . Warren Pfefferle, City Engineer: The plan here is to begin where Gary has his pointer 1000 feet up Third Street, and go down Third Street to California, and this is in the right -of -way, but off the Page 6 paved area, and turn down California to an intersection with the existing 10" line, which crosses underneath the corner of the Hershey Door factory. This will alleviate a problem with the line underneath the Hershey location, and also where it crosses the wash where it is exposed and is subject to damage during storms. This will be a 12" line the entire distance. With regard to Mr. Baldi's project, my judgment was that the line crossing the property, presently an old 10" line, be replaced with a 12" line to match up for current and future use. That would require, if his project goes first, a manhole at the intersection of the 10 "and 12" line, and rebuilding of the existing manhole in the center of the property roughly, and construction of a new manhole off to the edge of the property. My reason for choosing that location was that is a mini- mum cost place both for construction of the manhole and also for the City to come back and tie in and extend the 12" further. At this point there is a comment from apparently Mr. Baldi, which for the most part is unintelligible on the tape, concerning how this differs from that which he was informed originally and which he based his objection on. Warren Pfefferle: My understanding was that it was from Building C (is that correct Gary) to the intersection with the existing 10" line, and that the tie -in not be made in to the 10" line under any circumstances. Norman Davis: Would you please speak to the reason behind your recommendation, since it has not been spoken to here. Warren Pfefferle: The construction of the 12" line across the Baldi property? Two reasons. One is . . . the main reason he is going to be putting considerable fill over that area, and we will have to upgrade that line eventually, and for the City to come back in at a later time and do it would be much more expensive, and also would be a very considerable inconvenience to anyone trying to do any business in Buildings A or B at that time. Norman Davis: I think if we follow through and get these people to talk and tell them what is on their minds here, I find it so difficult to get it all out, I think you were telling me that there would be a possibility with that manhole there, that you would then allow them to connect A and B Buildings at the manhole rather than to allow them to tie -in to a sewer outfall. Warren Pfefferle: Correct - and also tie in Building C to the man- hole up at Walnut Street, or to the one in the center of the property, depending upon how it is engineered. There is another comment from the audience which is unintelligible on the tape. Bill Gabel, Civil Engineer for Baldi Bros. Construction: I have a couple of questions about the proposal just made. No. 1 - I am wondering, I would like to know from the engineer why he feels the 10" has to be upgraded in the future, and if he is sure that the ultimate size of that facility is going to be a 12 ". And I would also like to ask him if he has done any slope capacity calculations to determine -- if you change the alignment of that existing 10" for Hershey, you are flattening the slope of the existing pipe. To match the capacity of the 10" that was already there, that line may have to be upsized to the 12" just to meet the same capacity. I would like to know if he has done those calculations to know that the 12" is satisfactory for the future, and if the capacity of the 12" for the Hershey by -pass is in excess of what the 10" on our steeper slope . . . . Warren Pfefferle: The calculations were for the Hershey by -pass, and it is based information. We do not have final capacity 222 times the incoming line at Page 7 done back in June of 1981 on preliminary slope So we will have the current time, which will be a reasonable service design, and is in keeping with the modifi- cation and expansion of the sewer plant which is presently underway. Mr. Baldi: Would you say that the buildings which we are proposing to build, if we were to to the existing system unintelligible. Councilman Shaw: Mr. Baldi, can I ask you a question at this point. Would you be amenable to a suggestion that you put this off until the next meeting, and you and your engineer and our City Engineer can get together, and maybe you will be appraised of what has transpired since you had your last information. Mr. Baldi: At the last Planning Commission meeting I lost my temper and got really upset because they were going to put it off then two weeks, because the City Planner didn't have his work done. He did not have his reports, he did not have nothing. Now you are going to ask me to put it off another two weeks, for the same reason. Councilman Shaw: Mr. Baldi, it is my understanding that you haven't been appraised of what has gone on. In all fairness to everybody, I think that maybe. . . . Mr. Baldi: My office has a telephone, and we have been calling and contacting the City to find out what tonight. I don't want to get upset, because that doesn't get us anywhere. But we have a project that either we go - or we have to literally put it off. If we don't have a decision on it tonight, I think we will just put it off, because next week, if we are going to have to deal with the same people, we are going to have the same thing. I don't want to come back It is as simple as that. If I could be sure that the thing would be done, I would say yes, but I know that it won't be done - it will just go on and on and on. On the problem of the sewer, I have no objections to working out a solution that works good for me and good for the City. If you want to put that aside, I will work with the City and work out a solution that will benefit both of us. My interest is, on the off -sites and abandonment of Third Street. I will work with the City on that sewer problem so that it will benefit everyone, so if you want to put that aside, let's do that, and I assure you I will work with you - whatever has to be done to make it work properly. I have no objections to doing that. Let's get on with the street and the off - site improvements. Mayor Thompson: Let's hold all discussion then to the streets and the off -site improvements. The vacation of Third Street, according to the report from the Planning Department. Let's go into that. Gary Croft: The request is that Third Street be vacated, and this would, in effect - there is an 80 foot right -of -way through there, and it extends to the west and is built through the neighborhood to the west. It also extends to the east through the existing indus- trial area. The only section of this particular Third Street which is not developed is the portion between California and Walnut Avenues. The request is that that be vacated and that the property then be subsequently given to Mr. Baldi on the southern half, and to Mr. Ochoa on the northern half, and that no improvements then be re- quired along that right -of -way. The Commission discussed this at some length and felt (tape ended - discussion picks up on new tape) . . .and economical street patterns and traffic patterns that the existing proposed Third Street, that is the Third Street showing on the General Plan be put in place, that it be built, and that that would be continued. In terms of the other off -site improvements, the proposal was that all off -site improvements, that is all the perimeter improvements be placed in at one time. This would also have to include, if Third Street were to remain, would include then the construction of half of Third Street including the curb and gutter. The action which would require full improvement is a fairly Page 8 normal condition in the development of most projects of this nature, and is not at all unusual. What is unusual is the fact that this particular project has three streets which it would front on, where most projects front on only one street, or at the most two streets. It is very unusual that a project would front on three, and in fact have a right -of -way at the rear which in many ways is also - creates a street boundary. The problem with doing phase development is the problem which Mr. Lowry has already alluded to, and that is the problem of having incomplete projects sitting, and the balance of the improvements not completed. Councilman Lowry: The only thing that bothers me about that is the fact that if he would divide that into three properties and three owners owned them, they would have every right to progress as they choose. Because we have one owner here, we say you can't do that. Now suppose each brother put one property in his own name, or some- thing like that, then they went ahead like that - what could you do about it, they would have every right to say we want to go to Building C now, and then later on go to Building B, and then later on to Building A, and then they would have to come back each time and get planning approval, and do each property separately. Isn't that true. Gary Croft: Not exactly, no. Norman Davis: No it is not - the term is not exactly - it is no. You cannot build on properties that are not created as separate entities. That is one entity. And there is no way, under State Law, that anybody can build anything on there without going through the subdivision or the parcel map process. Councilman Lowry: But if they go through that first . . . Norman Davis: But if you go through that process though, Mr. Lowry, you must put in all of the improvements in order to get the process even achieved - so you haven't gained anything. Now there is a possibility you can waive these requirements, as Gary has previously said. I can offer you a suggestion. I am not saying you should do this. I can offer you a suggestion for consideration. If the Baldis was to build C, you might say that they construct the curb and gutter on First Street around to the edge, or the dividing point between C and D. If they want to build B, you might say they have to build all of California curb and gutter and match -up paving. Or if they want to build A first, that they put in the Third Street and around to a point between A and B. Those are all alternatives that you can do. I am not suggesting . . . Councilman Lowry: We as the Council can do that. Norman Davis: You may do that, yes. I am not suggesting you do that, but if that is your desire, yes you may do any of these alternatives from the complete requirement which is normal, again I will stress, this is normal. But you may do anything other than that that you choose to do. You can waive the requirements altogether if that is what you want to do. That certainly wouldn't be very wise, but you could do it. But I would continue with the hearing and get all the input from both sides of the fence, and these are things that you can consider as you go along. Gary Croft: That basically is in summary what the suggestions are. That the only option in reality would be to have certain of the improvements required in the initial phase, such as the sewer and the storm drain in conjunction with grading, and then the possibility of breaking up the off -site improvements. Those are the only real options that exist. In addition there are the other conditions which could be addressed, although there has been no objection raised to those, and they do dovetail in with the proposed develop- ment. In terms of deciding those, it would be up to the Council to make that type of decision, and I would concur with what the City Manager has said that there are options available, and that the conditions as proposed by the Commission, although those are the recommendations and would have stand approved had there been no appeal Page 9 may be modified by the Council. I would like to add that we have been available at all times, and have responded every time Baldi Bros. has contacted us. Fidel Ochoa: For the benefit of the audience, and some of the members of the Council that are not aware, Third Street was put on the map probably in 1912 when the City was incorporated, but there has never been a street there of any use. It is strictly a bicycle path. There is no way that you could drive a car across there. The utility companies, I think, it is either - I am pretty sure it is General Telephone - has a pole that would be right in the middle no of the street. There would be/problem to move it as far as that goes, if the street was to go in there, but I think in behalf of this total project, it might be of some consideration of the Council to look into vacating that street for the benefit of the project, and the benefit of the City. I stand to reason that we would have - gain part of that ourselves, but - we almost have to maintain a litter campaign on the front part of our property, which is basically the same amount of footage, and if we open up another street I am almost sure that I would have to contract Inland Disposal Service to be picking up the litter on that. And that is one reason I would hate to see it go through. And I don't think that anybody in that area would totally benefit that much by having the street go through at this time, and in the near future when the grade separation for the railroad goes through, I am pretty sure that Third Street at that point is going to be a deadend cul -de -sac at Beaumont Avenue. Thank you. Mr. Dougherty: You can't do anything about abandoning a street tonight anyway. There is a procedure for it. As far as the traffic flow, that is going to have to be changed, then you have to set for a hearing, so this is not going to take place tonight - the abandon- ment of Third Street. Mayor Thompson: No, but the preliminary input to make a decision on whether or not-to has to come from tonight. Mr. Dougherty: I just wanted you to be aware you can't make a motion tonight to abandon the street. Mr. Baldi: There is no street there. Mr. Dougherty: Well, a paper street. It is on the map as a City street, is it not - Third Street? Councilman Lowry: It is a right -of -way - which the City owns. How many streets are there available for access to this area. Gary Croft: In terms of streets for the area, I assume we are speaking of the neighborhood to the west of this property. Currently, the only access off of California is Fourth Street to the north, except further to the west, coming down under the freeway, there is Veile. But in terms of coming from the east, the only one into that area currently is Fourth Street. First Street, although it goes through on the south, does not come to the north because of the gully that runs through this same piece of property. Fidel Ochoa: In consideration of the streets that enable people to get in and out of the area a real good prime example is Grace Street between First and Third. Now that street is on the map - it has been for a number of years. It has been washed out for a couple of years and that is just about where it stands. Irregardless of what the project becomes - becomes of the project, I feel that something should be done with that street. It is a dirt street, it is probably one, maybe two or three streets in the town that is not paved, and like I say, it is a street - it is on the map - it has been used, but since we had the rains a couple of years ago and it got washed out. But in consideration of streets that enable people and traffic to get in and out of the area, I think that Grace would be a prime example. Page 10 Mayor Thompson: Did you have anything else to add from the City Engineer's standpoint. Gary, have you pretty well covered . . . Gary Croft: I might make one further comment. It is well recog- nized that the City does not have funds to upgrade streets such as Grace and some of the others in the neighborhood. These are the types of projects, given the area, that could logically be applied for under the community development block grant projects, although again, their funds are somewhat limited too - but this is the type of project that that could accommodate. Mayor Thompson: Does anybody else wish to speak in favor of Mr. Baldi's project. Bill Gabel, Engineer for Baldi Bros. Construction Co.: I would like to request that the Council consider Mr. Baldi's request of allowing him to phase the off -site improvements just from an economical standpoint. I would like to state that we have requested the vacation of Third Street. We have testified at Commission level on the hearings to amend the circulation element of the General Plan. We would assume that recommendations would be made to the Council from the Commission in the near future as to various vacations in the City - street vacations - and I would hope that Third Street would be considered at that date. I would like to point out a conflict, or a potential problem in the conditions. Condition No. 2 requires that unless the Third Street is vacated within six months, our plot plan, as approved, or if approved, would automatically revert to Third Street being required at the loss of some parking spaces and the building moved over. Also, it states that we have one year to substantially begin construction or we will have to come back to the Commission again for an extension on our conditions. And we have also discussed the sewer situation and you heard Mr. Baldi state that he would cooperate with the City. In the interests of seeing this project proceed, I think these are all further valid reasons to recommend or allow that the off -sites be phased so that you can leave open several options to the developer. Some of these problems can be worked out and at the same time some construction can begin. Mayor Thompson: Any other appellants in favor of Mr. Baldi's request. Charlie, I guess you are opposing a portion of this. Charlie Medina, 454 Wellwood Avenue: I am a property owner on Third Street. As you well know, there are residents on Third Street, in that area. We only have the one street. Before, years ago, the railroad use to have a track, main track going all the way back there, and there has never been a reason to improve that street, but now that there is, that area, I feel, actually needs -- we only have Fourth Street going in there, that is in and out of there, that is the majority of us use that. I am for the project 100% other than that Third Street abandonment, and I am sure the other items can be worked out within the City themselves. Mayor Thompson: Is there anyone else in the audience who would like to speak opposing Mr. Baldi's request for relief of the Planning Commission recommendation. There was no response from the audience. Mayor Thompson: Manny, would you summarize basically your objections to the Planning Commission objections. Just summarize briefly after what we have heard so far, summarize your objections to the Planning Commission recommendations. Mr. Baldi: The objections that have is 1) that the conditions in the Planning Commission wants us to put in all of the off -site improvements whether we built one building, two buildings or three buildings. I would like to build the off -site improvements in connection with the particular building that we are building. That is Item 1. Item 2 was the sewer, which I have agreed that I will work with the City Engineer whatever it takes to do that so that it will benefit both of us. So that is somewhat resolved. Item 3 is the abandonment of the street, which according to the attorney you cannot act on, so I think we are back where we started. Page 11 Mayor Thompson: We have to have input before you can make a decision on whether to abandon a street or not. We have gotten input tonight. Mr. Baldi: Because of the problem that - the way our plans are drawn up, if the street is not abandoned, and we have to put it in, our whole concept has to be changed. Our driveways from California Avenue have to be changed to get into the property. The building will be a lot closer to the street and we would lose a lot of parking spaces so that the concept of the project would be altered, so for me to start the project at this time without having all the approval it would be wrong - and that is where we sit. Once I get started I don't want nothing hanging me up - so that is where we are. We really would like to be able to get it resolved. We have asked about the street abandonment for a long time, and we could have started all of these procedures a long time ago, but we have been put off on that too. Mayor Thompson: Basically, in listening to this and what you have just said, we have only two bones of contention. The off -site improvements and the street. Norman Davis: Mayor Thompson, may I ask Gary, in order to abandon Third Street, would it be correct that two things would have to occur. No. 1 that the circulation element of the general plan would have to be changed - No. 2 a vacation procedures would have to be undertaken. Gary Croft: Yes, that is correct. Currently, the Planning Commission is holding hearings on the circulation element. There was one held at the last meeting, and there is a scheduled hearing for the next one also. Norman Davis: Well, I might ask you, is there an indication by the Planning Commission that they are going to abandon Third Street in the circulation element of the general plan. Gary Croft: In discussions, both in Study Session with the review of the plan, and in the public hearing related to this particular project, the Commission appeared to be, from my point of view, appeared to be unanimous to retain Third Street. Retain it. To not abandon. Mayor Thompson. Is there any further input into this hearing that is either for or against Mr. Baldi's appeal from the Planning Commission. Are there any further items that the Planning staff or the City Engineer have to add, to include in this discussion, that may not have been covered tonight. Norman Davis: Mayor Thompson, may I ask one point, which I would just like clarified. What was the purpose of the mound around the property, around part of the property. What was the purpose of that. This is going to cost money to achieve, and I would like to have the Council understand whether there was some good basic necessity, some good sound reasoning, some good purpose, behind making this requirement of the proponent in the case. Gary Croft: The condition as it is for the two foot landscape mounds was simply an item discussed between the applicant's representatives, and myself relative to these particular landscape design, and was agreed upon. Basically, in looking at the architect's sketches, although the prints are not clear, it appears that there were mounds shown on those, although, again, the landscaping design . . . Councilman Lowry: Where are the mounds - along the north side? Gary Croft: On this map it would be the perimeter area shown with the trees. Three sides. The fourth side would simply be a row of landscaping. The north side on Third Street right -of -way, the east side along California Avenue, and the south side along First Street. Norman Davis: You are actually proposing to build a mound of dirt out in front of that . . . Page 12 Gary Croft: No, these would simply be contouring . . Councilman Shaw: What specific purpose would they be? Gary Croft: Just simply for landscape design. Norman Davis: Is it a rolling, undulating thing, or is it something that comes up in a cone, or what is it? Gary Croft: We discussed it - my impression was it was a -- simply undulating for effect - for design. Councilman Lowry: It won't be like a two foot curbing. Gary Croft: No, it would not be a berm. It wouldn't be that type or a continuous mound. That was the objection to one of the initial conditions. Councilman Lowry: What is the purpose. Why can't it just be level with the rest of the project and plant it in lawn and trees and so forth. Gary Croft: That could be done. It was just simply . . . Councilman Hammel: Just for beautification. Mr. Baldi: The two foot mound came about on a settlement between the Planner requiring us to have a six foot mound, and us opposing that. He wanted us to have a six foot mound on the street, and then plant it over the top, and the Planning Commission decided not to have that. So we settled for the two foot, but I tell you we would have absolutely no objection to deleting it. Councilman Lowry: You are going to be higher than California by quite a bit anyway. Mr. Baldi: That's right. So anyway, that is not important, if the City wants us to put two feet in there we will, but it is not important. Norman Davis: You wouldn't be real mad if it were taken out. Mr. Baldi: No. On the abandonment of Third Street, now he is talking about putting a mound there. When the street is put in, if it has to be put in, there would be no road, the street would be closer to the building and the pavement would be right there, and probably, unless, it is done right, we would probably have to have a retaining wall between the street and the pavement. Just thinking that, right along here, this street, Third Street would be higher than what our grading plans are now, and a retaining wall would have to be built there to hold the street in place, and then behind that a parking lot. Councilman Lowry: Well, of course, you could have different pad elevations. You could have A at the elevation of Third Street, you could have B intermediate, and C a little lower elevation. You don't have to have it at one elevation. Mr. Baldi: First Street is almost level with this part of the property here. Then it mounds up in this area right here, and then it starts taking a dive and then it comes back up again. So our plan is to to street level, cut the knob, bring that dirt to this low point here, and then scrape some of it down to here. We would have a gentle slope effect, where otherwise if you put a street there has to be a retaining wall there. Councilman Lowry: No it doesn't. You can raise the pad. You may have to haul in some borrow material - but you can raise the pad. Gary Croft: The current design does show a two to one slope of fifteen feet, which would be approximately seven to eight feet in height differential between Third Street and the parking area northerly of Building A, so there would be, in effect, a cut slope Page 13 there of approximately seven to eight feet. The staff would have no objection incidentally to deleting the mounds. That is usually a landscape architect characteristic, and the proposed amendments do require a landscape plan be prepared and submitted. Mayor Thompson: Is there any other item of information that will help the Council make a decision that hasn't been explored yet. Norman Davis: I don't think of anything Mayor Thompson. I would like to - when you close the hearing - I would like to make some suggestions on alternatives to you, based upon what has been indicated here, and of course it is up to you to make your. . . Councilman Hammel: Mr. Baldi, assuming the project would be approved, how about lighting out there. Don't you intend to put any street lighting there. Mr. Baldi: I think that has already been covered. We would have lighting in the parking lot. Councilman Hammel: Nothing on the streets. Mr. Baldi: I really hadn't given it any thought. Councilman Hammel: In other words, what I am thinking of is that you would have on the front, on the corner, one street light, on the other corner street light, and one in the center, so that they were about two or three hundred feet apart. That you would have a light there. Mr. Baldi: If nothing else, the lights that we would have lighting the buildings and the parking lot should help, because they have nothing now. Councilman Hammel: In other words, we have to foot the bill anyway, you put in the light, and we pick up the tab. Mayor Thompson: For the operation. Councilman Hammel: Yes, for the operation, definitely. Mayor Thompson: Is there any other information that we should consider before we close the public hearing. Does any member of the council have anything. No further input? We will close this public hearing at 9:38 P.M. After a determination that no one participating in the public hearing had left the room, the public hearing was re- opened at 9:45 P.M, for additional evidence. Mr. Baldi: Just one point of clarification. Mr. Davis has said that if we do the grading for one building, we have to grade it for the whole site. That is not feasible either. There is a lot of dirt to move there, and we can build Building C with very little dirt movement, compared to the whole site. We would like to grade one building at a time. If we had built Building A, it means that we would have to move that whole mound into that ditch, so we would like to grade that one building at a time. Leave the rest of the stuff undisturbed so it doesn't create any dust problems for the neighbors. Otherwise we would have to go in there with sprinklers, plant rye grass, and everything because that would create a dust storm when it comes through there next month for the neighbors further down south. It wouldn't be possible to live there with the dust. So we shouldn't even disturb anything that we don't plan to blacktop. Councilman Lowry: Before you leave, I want to ask you. It is your intent, if we grant you the approval, that B will follow in that order. That you won't jump over to A. Mr.Baldi: We would have to build B first in order to take the dirt out to bring it down to where Building A needs the dirt. That is the sequence of it. Page 14 10. Councilman Shaw: Is this all contingent upon the fact that we abandon Third Street. Mr. Baldi: That is right. It has to be. The Public Hearing was closed again at 9:48 P.M. On Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council states it is their consensus that the City will not abandon Third Street. AYES: Councilman May, Shaw, Lowry and Mayor Pro Tem Hammel. NOES: None. ABSENT: None. ABSTAIN: Mayor Thompson. Motion by Councilman Lowry, seconded by Councilman May to allow Baldi Bros. Construction to proceed with Building C and the deve- lopment of that portion half -way between C and B,and provide all the off -site improvements that were called for by the Planning Commission, the original requirements for the entire project, including a street light at the corner of First and California Avenue which is not mentioned. AYES: Councilman May, Shaw, Lowry and Mayor Pro Tem Hammel. NOES: None. ABSENT: None. ABSTAIN: Mayor Thompson. THE MOTION WAS RETRACTED BY COUNCILMAN LOWRY AND THE SECOND WAS RETRACTED BY COUNCILMAN MAY. Motion by Councilman Lowry, that the Baldi Bros. be permitted to proceed with the construction of one -third of the property known as Building C, with all the grading and all the off -site improvements along First Street and up California Avenue to a point which would be half -way between Building B and C, including curb and gutter, and a street light on the corner, and any other improvements which the Commission has required for only this portion at this time, deleting the requirement for the two foot mound, and any requirements that relate to Building C - and approve all of the conditions of the Commission as they pertain to Building C, including curb and gutter match -up paving on First Street and California to a point mid -way between C and B. MOTION RETRACTED BY COUNCILMAN LOWRY On Motion by Councilman Lowry, seconded by Councilman May, the City Council of the City of Beaumont gives their approval for Baldi Bros. Construction Co. to build one -third of the development known as Building C up to half -way between Building C and B and provide all the off -site improvements such as curb and gutter, match -up paving on First Street and California Avenue up to half -way between Building B and C, deleting the two foot mound, provide a street light at the corner of First and California, and meet the sewer conditions as outlined by the City Engineer as concurred by Mr. Baldi. AYES: Councilman May, Shaw, Lowry and Mayor Pro Tem Hammel. NOES: None. ABSENT: None. ABSTAIN: Mayor Thompson. PUBLIC HEARING - Public Input on Use of 8th Year Block Grant Money. The Public Hearing was opened at 10:00 P.M. Mr. Thomas Parker, 1425 Cherry Avenue, Space 133: A good purpose for this grant money would be a new fire engine to replace the equipment that is obsolete. Page 15 Brien Ross, General Manager, Beaumont - Cherry Valley Recreation and Parks District, stated the District's Board of Directors is asking for Council consideration for any portion of the City's entitlement fund that might be allocated toward the remaining funds needed to complete the neighborhood community center and senior nutrition site to be located at the park being developed on 14th Street. Most of the following comment was unintelligible on the tape due to the party speaking from the back of the room. Mr. Bill Bebee, 1321 Avalon, commented concerning the possible passage of AB1922 and its impact on Beaumont's fire service. There being no further input from the public, this Public Hearing was closed at 10:10 P.M. 11. ORDINANCE NO. 529 - Establishing a procedure for the Granting of Franchises for Cable Television Systems. There was discussion concerning the proposed ordinance, with certain changes suggested by Councilman Lowry. Representatives of Field Cablevision, Beaumont Cablevision and Orcal Cable, Inc. addressed the Council concerning their applications for providing cable television service to the City of Beaumont On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont continues this agenda item until the regular meeting of October 12, 1981, and directs the City Manager and City Attorney to bring back suggestions for the pertinent infor- mation concerning fees, etc., which are currently blank in the proposed ordinance. AYES: Councilman May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 12. ORDINANCE NO. 534 - Providing for the Creation of a Rent Review Commission. There was discussion concerning this proposed ordinance, and on the recommendation of the City Attorney a final draft will be brought back before the Council at a later date. 16. RESOLUTION NO. 1981 -47 - Authorizing the Signing and Execution of the Memorandum of Understanding between the City of Beaumont and the Management- Executive Association. On Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council of the City of Beaumont adopts Resolution No. 1981 -47 authorizing the signing and execution of the Memorandum of Understanding between the City of Beaumont and the Management- Executive Association, by title only. The Deputy City Clerk read the resolution by title only. AYES: Councilman May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 17. RESOLUTION NO. 1981 -48 - Adopting an Accrual System of Accounting for Governmental Accounting, Auditing and Financial Reporting. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont adopts Resolution No. 1981 -48 adopting an accrual system of accounting for governmental accounting, auditing and financial reporting, by title only. AYES: Councilman May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. Page 16 19. Authorization for Expenditure to Rapid Data, Inc. for Expansion of present Payroll System and General Ledger System. On Motion by Councilman Lowry, seconded by Councilman May, the City Council of the City of Beaumont follows the City Manager's recom- mendation concerning letter of September 21, 1981 from Rapid Data, Inc., with funds to come from Account No. 10- 015 -034. AYES: Councilman May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 18. RESOLUTION NO. 1981 -49 - Pertaining to Traffic Ordinance No. 369, Amending Resolution No. 1972 -17, by adding Sub- Section 25 of 13 -A, Sub - Section 12 of Section 13 -B and Sub- Section 5 of Section 13 -D to Change and Prescribe Certain Additional No Parking and Limited Time Parking Zones to Promote the Public Safety and Welfare. On Motion by Mayor Thompson, seconded by Councilman Hammel, Agenda Item No. 18 is brought back for re- consideration. On Motion by Councilman Hammel, seconded by Councilman Shaw, the City Council of the City of Beaumont adopts Resolution No. 1981 -49 by title only, pertaining to Traffic Ordinance No. 369. The Resolution was read by title only by the Deputy City Clerk. AYES: Councilman May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 20. ORAL COMMUNICATION A. Association for Retarded Citizens re: Community Development Block Grant Application for the construction of an 8,000 square foot building at 702 E. 11th Street. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont goes on record in support of the con- cept presented by the Association for Retarded Citizens for a community development block grant for the construction of an 8,000 square foot building at 702 E. 11th Street in Beaumont. AYES: Councilman May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. B. Luigi Renna re: Security Requirements for Roma Gardens Dance Permit. Mr. Renna addressed the City Council concerning the requirement of the Chief of Police that he have a uniformed security guard on the premises. Mr. Renna was told to negotiate further with the Chief of Police for a satisfactory solution. 21. RESOLUTION NO. 1981 -50 - Pertaining to Defense of Councilman Hammel and Lowry and Chief of Police Bridges in pending lawsuit filed by Irish Mitchell. On Motion by Mayor Thompson, seconded by Councilman Lowry, the City Council of the City of Beaumont adopts Resolution No. 1981 -50 pertaining to the defense of Councilmen Hammel and Lowry and Chief of Police Bridges in pending lawsuit filed by Irish Mitchell, by title only. The resolution was read by title only by the City Manager. AYES: Councilmen May, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: Councilman Shaw. Page 17 22. Authorization for Payment of Special Counsel for Defense of City Officials in suit re: Irish Mitchell. On Motion by Mayor Thompson, seconded by Councilman Hammel, the City Council of the City of Beaumont authorizes the payment of Special Counsel for Councilman Hammel, Councilman Lowry and Chief of Police Bridges as proposed in the letter from Best, Best and Kreiger dated September 23, 1981. AYES: Councilmen May, NOES: None. ABSENT: None. ABSTAIN: Councilman Shaw. Hammel, Lowry and Mayor Thompson. 23. Request from Third District Supervisor, Kay Ceniceros, for Council Reaction to proposed zone change at 8th and Xenia from R -3 (General Residential) and C -P (General Commercial) to R -3 only. Motion by Councilman Shaw, seconded by Councilman Lowry, to approve the proposed zone change was withdrawn. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont opposes the change of zone as proposed. AYES: Councilman May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 2.4. Authorization for City Manager to Sign Release on Claim for Damage to City Hall. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont authorizes the City Manager to sign the release on claim for damages to City Hall. AYES: Councilman May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. There being no further business to come before the Council, the meeting was adjourned at 12:35 A.M., September 29. Respectfully submitted, 'UTY CITY CLERK OF Page 18 BEAUMONT CITY COUNCIL MINUTES OF SPECIAL MEETING OF SEPTEMBER 24, 1981 1. The Beaumont City Council met in a duly noticed Special Meeting at 2:37 P.M., on Thursday, September 24, 1981, in the City Manager's Conference Room, with Mayor Thompson presiding. 2. On Roll Call the following Councilmen were present: Councilmen May, Hammel, Lowry and Mayor-Thompson. Councilman Shaw was excused. 3. On Motion by Councilman Hammel, seconded by Councilman Lowry, the City Council of the City of Beaumont adjourned to an Executive Session for the purpose of discussion with attorney re: pending lawsuit against City Officials and Highland Springs Sewer Contract. LE . AYES: Councilmen May, NOES: None. ABSENT: Councilman Shaw. ABSTAIN: None. Hammel, Lowry and Mayor Thompson. On Motion by Councilman Hammel, seconded by Councilman Lowry, the City Council of the City of Beaumont reconvenes to regular session. AYES: Councilmen May, NOES: None. ABSENT: Councilman Shaw. ABSTAIN: None. Hammel, Lowry and Mayor Thompson. Let the record show the following action was taken in Executive Session: The City Attorney was directed to prepare a resolution pertaining to the defense of certain City Officials in the case filed by Irish Mitchell for presentation to the Council at their regular meeting of September 28, 1981. No decision has been made at this time concerning the Highland Springs Sewer Contract. On Motion by Councilman Hammel, seconded by Councilman May, the meeting was adjourned at 4:00 P.M. Respectfully submitted, '7c LOIS MILLER, City Clerk BEAUMONT CITY COUNCIL MINUTES OF ADJOURNED MEETING OF SEPTEMBER 15, 1981 (Adjourned from September 14, 1981) 1. The Beaumont City Council met in an Adjourned Meeting at 2:00 P.M., on Tuesday, September 15, 1981, in the City Council Chambers, with Mayor Pro Tem Hammel presiding. 2. On Roll Call the following Councilmen were present: Councilmen Shaw, Lowry, Mayor Thompson, Mayor Pro Tem Hammel. 31. Swearing in of Mr. L. W. May as Councilman. Mr. L. W. May was sworn in as Councilman for the City of Beaumont by the Deputy City Clerk. 4. Signing of Contract with DVY Construction Company for Expansion and Modification of Wastewater Treatment Plant. On Motion by Mayor Thompson, seconded by Councilman Lowry, the City Council of the City of Beaumontrescinds their action on Agenda Item No. 13, September 14, 1981, concerning the signing of contracts for DVY Construction Co. for the Wastewater Treatment Plant. AYES: Councilmen Shaw, May, Lowry, Mayor Thompson and Mayor Pro Tem Hammel. NOES: None. ABSENT: None. ABSTAIN: None. On Motion by Mayor Thompson, seconded by Mayor Pro Tem Hammel, the City Council of the City of Beaumont designates that three City Councilmen plus the City Manager be authorized to sign the contract agreement on behalf of the City of Beaumont with DVY Construction Co. for the Modification of the Existing Wastewater Treatment Plant, Project No. C- 06- 1397 - 110 -01. AYES: Councilmen Shaw, May, Lowry, Mayor Thompson and Mayor Pro Tem Hammel. NOES: None. ABSENT: None. ABSTAIN: None. 5. Request for Payroll System Change for City of Beaumont. On Motion by Mayor Thompson, seconded by Councilman Shaw, the City Council of the City of Beaumont approves the payroll system change as recommended by the Finance Director and directs that it be adopted. AYES: Councilmen Shaw, May, Lowry, Mayor Thompson and Mayor Pro Tem Hammel. NOES: None. ABSENT: None. ABSTAIN: None. On Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council of the City of Beaumont moves that buy -off of vacation and comp time, or combination thereof, as a substitution for the loss of pay by reason of the institution of six days of withholding commenc- ing the third pay period of October be approved. AYES: Councilmen Shaw, May, Lowry, Mayor Thompson and Mayor Pro Tem Hammel. NOES: None. ABSENT: None. ABSTAIN: None. Page 1 On Motion by Councilman Lowry, seconded by Mayor Thompson, the City Council of the City of Beaumont moves for Minute Order to instruct the City Manager to meet with the employees who do not have a year's seniority to see what can legally be worked out so far as utilizing their vacation and comp time for those eligible legally to take it, if it is legally feasible to proceed in this manner. AYES: Councilmen Shaw, May, Lowry, Mayor Thompson and Mayor Pro Tem Hammel. NOES: None. ABSENT: None. ABSTAIN: None. A discussion between the City Council, the City Manager and the Finance Director concerning carry -over balances from the 1980 -81 budget and the impact on upcoming negotiations followed on which no action was taken. There was also discussion concerning the Highland Springs Agreement for sewer service. Motion by Councilman Lowry to request the City Attorney to review the Highland Springs contract died for lack of a second. On Motion by Mayor Thompson, seconded by Councilman Lowry, the meeting was adjourned at 3:35 P.M. Respectfully submitted, JIZ41f_� Deputy City Clerk Page 2 BEAUMONT CITY COUNCIL MINUTES OF SEPTEMBER 14, 1981 1. The Beaumont City Council met in a Regular Meeting at 7:35 P.M., on Monday, September 14, 1981, in the City Council Chambers, with Mayor Pro Tem Hammel presiding. 2. The Pledge of Allegiance to the Flag was led by Councilman Shaw. 3. The invocation was given by Councilman William Lowry. 4. On Roll Call the following Councilmen were present: Councilmen Shaw and Lowry, Mayor Thompson and Mayor Pro Tem Hammel. Councilman Blankenship was absent. 5. There being no deletions, additions or corrections, on motion by Councilman Lowry, seconded by Mayor Thompson, the Minutes of Regular Council Meeting of August 24, 1981 were approved as submitted. AYES: Councilmen Shaw, Lowry, Mayor Thompson and Mayor Pro Tem Hammel. NOES: None. ABSENT: Councilman Blankenship. ABSTAIN: None. 6. There being no objections, on Motion by Councilman Lowry, seconded by Mayor Thompson, the Minutes of Regular Planning Commission Meeting of August 18, 1981 were accepted as presented. AYES: Councilmen Shaw, Lowry, Mayor Thompson and Mayor Pro Tem Hammel. NOES: None. ABSENT: Councilman Blankenship. ABSTAIN: None. 7.. On Motion by Councilman Shaw, seconded by Councilman Lowry, Warrants as audited per Warrant List of August 24, 1981, in the amount of $87,587.70, and Payroll of September 4, 1981, in the amount of $25,012.73 are approved for payment as audited. AYES: Councilmen Shaw, Lowry, Mayor Thompson and Mayor Pro Tem Hammel. NOES: None. ABSENT: Councilman Blankenship. ABSTAIN: None. 8.. Opening of Bids - Sale of City -Owned Lots. Mayor Pro Tem Hammel announced that the time for receiving bids had closed, and asked if there was anyone in the audience who wished to present a bid at this time. One bid had been received prior to the closing time, and no one in the audience indicated they wished to bid on the property. Attention was called to the fact the advertisement for invitation to bid indicated the minimum bid should be in excess of the $5,000.00 appraised value on each parcel. Mr. Baldi, of Baldi Bros. Construction Co., stated he would increase his bid to $10,005.00 to meet this requirement. Mayor Pro Tem Hammel asked if there was anyone in the audience who wished to increase this bid by the required 10 %. No one in the audience responded with a bid. Mayor Pro Tem Hammel closed the bidding. On Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council of the City of Beaumont accepts the two bids of Baldi Bros. Construction Co. in the amount of $5,002.50 each; confirm the sale Page 1 go 10 11,. 12 .. of Lots 8 and 9 in Block 19 in the City of Beaumont to Baldi Bros. Construction Co.; and authorizes the Mayor and the City Clerk to execute the necessary deeds in favor of Baldi Bros. Construction Co. AYES: Councilmen Shaw, Lowry, Mayor Thompson and Mayor Pro Tem Hammel. NOES: None. ABSENT: Councilman Blankenship. ABSTAIN: None. PUBLIC HEARING - 8:00 P.M. - Zone Change No. 1000. Applicant: Charles Ciraolo. 40.22 acres east of Beaumont Avenue, north of Cougar Way. On Motion by Councilman Shaw, seconded by Mayor Pro Tem Hammel, the City Council of the City of Beaumont re -sets this Public Hearing for 8:00 P.M. on September 28, 1981. AYES: Councilmen Shaw, Lowry, Mayor Thompson and Mayor Pro Tem Hammel. NOES: None. ABSENT: Councilman Blankenship. ABSTAIN: None. PUBLIC HEARING - 8:15 P.M. - Zone Change No. 1003. Applicant: Raymond B. Schooley. 17.41 acres northwest corner of 14th Street and Beaumont Avenue. On Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council of the City of Beaumont accepts the recommendation of the Planning Commission regarding Zone Change No. 1003 for applicant Raymond B. Schooley. AYES: Councilmen Shaw, Lowry, Mayor Thompson and Mayor Pro Tem Hammel. NOES: None. ABSENT: Councilman Blankenship. ABSTAIN: None. RESOLUTION NO. 1981 -43 - Updating she Affirmative Action Plan. On Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council of the City of Beaumont adopts Resolution No. 1981 -43, Updating the Affirmative Action Plan. The resolution was read in its entirety. AYES: Councilmen Shaw, Lowry, Mayor Thompson and Mayor Pro Tem Hammel. NOES: None. ABSENT: Councilman Blankenship. ABSTAIN: None. Authorization for City Manager to Sign all Documents re: EPA Grant for Modification of Beaumont's Sewer Plant. On Motion by Mayor Thompson, seconded by Councilman Shaw, the City Council of the City of Beaumont authorizes the City Manager to sign all past and future documents in conjunction with Project 0- 06 -1397- 110-01, that are appropriate with action previously taken by the City Council. AYES: Councilmen Shaw, Lowry, Mayor Thompson and Mayor Pro Tem Hammel. NOES: None. ABSENT: Councilman Blankenship. ABSTAIN: None. Page 2 13.. 14. 15. 16.. 17. no Authorization for City Councilmen and City Manager to Sign Contract on Behalf of the City with DVY Construction Company for Modification of Sewer Plant. On Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council of the City of Beaumont authorizes the City Council and the City Manager to sign the contract on behalf of the City with DVY Construction Company for Modification of the Wastewater Treatment Plant. AYES: Councilmen Shaw, Lowry, Mayor Thompson and Mayor Pro Tem Hammel. NOES: None. ABSENT: Councilman Blankenship. ABSTAIN: None. Designation of Voting Delegate for League Annual Conference - League of California Cities. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont will not designate a voting delegate for the League of California Cities annual conference. AYES: Councilmen Shaw, Lowry. NOES: Councilman Hammel, Mayor Thompson. ABSENT: Councilman Blankenship. ABSTAIN: None. MOTION FAILED. Beaumont- Cherry Valley Water District /City of Beaumont Paving and Fire Hydrant Agreements. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont stands by the original agreement between the City and the Water District. AYES: Councilmen Shaw, Lowry, Mayor Thompson and Mayor Pro Tem Hammel. NOES: None. ABSENT: Councilman Blankenship. ABSTAIN: None. Petition filed by citizens group requesting positive action regarding a rent review ordinance for the City of Beaumont. On Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council of the City of Beaumont tables this agenda item until the meeting of October 12, 1981, or until the meeting prior to October 12 if the information can be gathered and a tentative agreement arrived at. AYES: Councilmen Shaw, Lowry, Mayor Thompson and Mayor Pro Tem Hammel. NOES: None. ABSENT: Councilman Blankenship. ABSTAIN: None. Request for Payroll System Change for City of Beaumont. After discussion from the Council and from the floor, this agenda item was tabled until 2:00 P.M. on September 15, 1981, at which time an adjourned meeting will be held. Request for Approval of Data Processing Procedures and Cost Thereof. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont authorizes Rapid Data, Inc. to provide the program changes necessary to achieve the results desired to produce sanitation and sewer opening and closing balances at a one -time cost of $600.00. Page 3 AYES: Councilmen Shaw, Lowry, Mayor Thompson and Mayor Pro Tem Hammel. NOES: None. ABSENT: Councilman Blankenship. ABSTAIN: None. 19. Request from Luigi Renna for permit to allow dancing on the premises of his business, Little Louie's Roma Gardens, 682 Beaumont Avenue. On Motion by Mayor Thompson, seconded by Councilman Shaw, the City Council of the City of Beaumont, in accordance with Ordinance No. 333, grants a dance permit to Little Louie's Roma Gardens at 682 Beaumont Avenue, pending receipt of documentation that the premises qualify under the State Fire Code, provided Luigi Renna provides his own security arrangements to the satisfaction of the Police Department. AYES: Councilmen Shaw, Lowry, Mayor Thompson and Mayor Pro Tem Hammel. NOES: None. ABSENT: Councilman Blankenship. ABSTAIN: None. On Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council of the City of Beaumont sets a fee of $60.00 for this dance permit in addition to the regular business license, on an annual basis. AYES: Councilmen Shaw, Lowry, Mayor Thompson and Mayor Pro Tem Hammel. NOES: None. ABSENT: Councilman Blankenship. ABSTAIN: None. 20. Request from San Gorgonio Pass Artists to hold an Art Show on a Monthly basis on the front lawn of the City Civic Center. On Motion by Councilman Shaw, seconded by Mayor Thompson, the City Council of the City of Beaumont approves the request from San Gorgonio Pass Artists to hold an Art Show on a monthly basis on the front lawn of the City Civic Center during the daylight hours only, provided any litter on the lawn is cleaned up at the conclusion of each show. AYES: Councilmen Shaw, Lowry, Mayor Thompson and Mayor Pro Tem Hammel. NOES: None. ABSENT: Councilman Blankenship. ABSTAIN: None. 21. Request for City Participation in Cooperative Project with County of Riverside to Seal Coat Brookside Avenue. On Motion by Councilman Lowry, seconded by Mayor Thompson, the City Council of the City of Beaumont authorizes a cooperative seal coat project with the County of Riverside on Brookside Avenue with the City paying for the portion of the work lying within the City limits at a cost estimated by the County to be approximately $1,600.00. AYES: Councilmen Shaw, Lowry, Mayor Thompson and Mayor Pro Tem Hammel. NOES: None. ABSENT: Councilman Blankenship. ABSTAIN: None. Page 4 2 2 ., 23.. 24. 25. 26.. Request of A. S. Randhawa for City Participation in Extension of Sewer Main. On Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council of the City of Beaumont approves the request of A. S. Randhawa for City participation in the extension of his sewer line by bearing the cost of the manhole to make the connection to the Third Street sewer line that would place an 8" collector line in the right -of -way of now abandoned Maple Street. AYES: Councilmen Shaw, Lowry, Mayor Thompson and Mayor Pro Tem Hammel. NOES: None. ABSENT: Councilman Blankenship. ABSTAIN: None. Recommendation on Refund of Unused Inspection Fees re:Tract No. 15621 (Fagot- Turner). On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont authorizes the refund to Bernard Fagot in the amount of $912.30, and that it be drawn from Budget Item No. 10- 025 -037, Reserve for Contingencies. AYES: Councilmen Shaw, Lowry, Mayor Thompson and Mayor Pro Tem Hammel. NOES: None. ABSENT: Councilman Blankenship. ABSTAIN: None. ORAL COMMUNICATION: There were no oral communication requests. RESOLUTION NO. 1981 -44 - Declaring the City Council Seat of Jack Blankenship Vacant. The resolution was read by the City Manager in its entirety. On Motion by Mayor Thompson, seconded by Councilman Lowry, the City Council of the City of Beaumont adopts Resolution No. 1981 -44 declaring the City Council Seat of Jack Blankenship vacant. AYES: Councilman Lowry, Mayor Thompson, Mayor Pro Tem Hammel. NOES: Councilman Shaw. ABSENT: Councilman Blankenship. ABSTAIN: None. Motion by Councilman Shaw to amend Mayor Thompson's motion that an appointment to the vacant council seat be only until the next election in April died for lack of a second. On Motion by Mayor Thompson, seconded by Councilman Lowry, Mayor Thompson nominated Mr. L. W. May, of 1494 East 6th Street, as the appointee to fill the vacant council seat for the unexpired term of Jack Blankenship. AYES: Councilman Lowry, Mayor Thompson, Mayor Pro Tem Hammel. NOES: Councilman Shaw. ABSENT: None. ABSTAIN: None. Recommendation to Authorize Private Counsel for City Officials in Suit re Irish Mitchell. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont authorizes the City Officials involved to employ private counsel to defend the City's representatives. AYES: Councilman Lowry, NOES: None. ABSENT: None. ABSTAIN: Councilman Shaw. Mayor Thompson, Mayor Pro Tem Hammel. Page 5 27. Recommendation to Authorize Suit at Appropriate Time against Irish Mitchell. On Motion by Mayor Thompson, seconded by Councilman Lowry, the City Council of the City of Beaumont authorizes legal action be initiated, at the appropriate time, against Irish Mitchell and Does I to X inclusive on behalf of the City as a victim of malicious prosecution to recover the cost of defending the pending action brought by Irish Mitchell, including reasonable attorney fees. AYES: Councilman Lowry, Mayor Thompson, Mayor Pro Tem Hammel. NOES: None. ABSENT: None. ABSTAIN: Councilman Shaw. The meeting was adjourned until 2:00 P.M. on September 15, 1981, in the City Council Chambers, at 9:45 P.M. Respectfully submitted, Page 6 BEAUMONT CITY COUNCIL MINUTES OF AUGUST 24, 1981 1. The Beaumont City Council met in a Regular Meeting at 7:30 P.M., on Monday, August 24, 1981, in the City Council Chambers, with Mayor Pro Tem Hammel presiding. 2. The Pledge of Allegiance to the Flag was led by Councilman Lowry. 3. The invocation was given by Reverand Cliff Howrey. 4. On Roll Call the following Councilmen were present: Councilmen Shaw, Lowry and Mayor Pro Tem Hammel. Mayor Thompson and Councilman Blankenship were absent. 5. There being no deletions, additions or corrections, on motion by Councilman Shaw, seconded by Councilman Lowry, the Minutes of Regular Council Meeting of August 10, 1981 were approved as submitted. AYES: Councilmen Shaw, Lowry and Mayor Pro Tem Hammel. NOES: None. ABSENT: Mayor Thompson and Councilman Blankenship ABSTAIN: None. 6. There being no objections, on Motion by Councilman Lowry, seconded by Councilman Shaw, the Minutes of Regular Planning Commission Meeting of July 21, 1981 were accepted as presented. AYES: Councilmen Shaw, Lowry and Mayor Pro Tem Hammel. NOES: None. ABSENT: Mayor Thompson and Councilman Blankenship ABSTAIN: None. 7. On Motion by Councilman Shaw, seconded by Councilman Lowry, Warrants as audited per Warrant List of August 24, 1981, in the amount of $40,086.47; and Payroll of August 21, 1981, in the amount of $23,411.92 are approved for payment as audited. AYES: Councilmen Shaw, Lowry and Mayor Pro Tem Hammel. NOES: None. ABSENT: Mayor Thompson and Councilman Blankenship ABSTAIN: None. 8. Proposal by Board of Supervisors to change number and agencies represented on Community Development Coordinating Committee. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont accepts the proposal of the Riverside County Board of Supervisors to change the number and agencies represented on the Community Development Coordinating Committee. AYES: Councilmen Shaw, Lowry and Mayor Pro Tem Hammel. NOES: None. ABSENT: Mayor Thompson and Councilman Blankenship ABSTAIN: None. 9. Ordinance for Cable TV Franchising. On Motion by Councilman Lowry, seconded by Councilman Shaw, this agenda item was continued until the regular meeting of September 28, 1981. AYES: Councilmen Shaw, Lowry and Mayor Pro Tem Hammel. NOES: None. ABSENT: Mayor Thompson and Councilman Blankenship ABSTAIN: None. Page 1 10. 11. 1.2 . 1.3 . 1.4. 1-5. RESOLUTION NO. 1981 -42 - Fixing a Time and Place and Conditions for Receipt of Bids for Certain Real Property Located in the City of Beaumont, California. On Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council of the City of Beaumont adopts Resolution No. 1981 -42 by title only, with the change in wording on page 2, item No. 6 from "to object to" to read "to reject any ". AYES: Councilmen Shaw, Lowry and Mayor Pro Tem Hammel. NOES: None. ABSENT: Mayor Thompson and Councilman Blankenship ABSTAIN: None. Agreements between Beaumont- Cherry Valley Water District and the City of Beaumont re Paving and Fire Hydrants. On Motion by Councilman Lowry, seconded by Councilman Shaw, this agenda item was continued until the regular meeting of September 14, 1981 to allow the City Attorney to incorporate the suggestions contained in his report dated August 13, 1981 in these agreements. AYES: Councilmen Shaw, Lowry and Mayor Pro Tem Hammel. NOES: None. ABSENT: Mayor Thompson and Councilman Blankenship ABSTAIN: None. Budget Reorganization of Vehicle Maintenance Accounts. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont approves budget reorganization of vehicle maintenance accounts as presented in City Manager staff report dated August 17, 1981. AYES: Councilmen Shaw, Lowry and Mayor Pro Tem Hammel. NOES: None. ABSENT: Mayor Thompson and Councilman Blankenship ABSTAIN: None. Budget Allocation for Payment of Fire Hydrants. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont authorizes the expenditure of the sum of $5,338.74 from the Reserve for Contingency, 010- 025 -037, for payment to the Beaumont- Cherry Valley Water District for fire hydrants. AYES: Councilmen Shaw, Lowry and Mayor Pro Tem Hammel. NOES: None. ABSENT: Mayor Thompson and Councilman Blankenship ABSTAIN: None. Payment of Semi - Annual Maintenance Costs on Traffic Signal at Sixth Street and Highland Springs Road. On Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council of the City of Beaumont authorizes payment to the County of Riverside for Semi - Annual Maintenance Costs on the traffic signal at Highland Springs Road and 6th. Street from the traffic safety budget, Item 034, electrical conversion. AYES: Councilmen Shaw, Lowry and Mayor Pro Tem Hammel. NOES: None. ABSENT: Mayor Thompson and Councilman Blankenship ABSTAIN: None. Purchasing Procedural Rules for the City of Beaumont per Ordinance No. 527. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont adopts Purchasing Procedural Rules for the City of Beaumont, in accordance with Ordinance No. 527, as presented in City Manager staff report dated August 19, 1981. Page 2 AYES: Councilmen Shaw, Lowry and Mayor Pro Tem Hammel. NOES: None. ABSENT: Mayor Thompson and Councilman Blankenship ABSTAIN: None. 1.6. Claim of Albert, Gladys and Charles Clayton Campbell against the City of Beaumont. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont rejects the claim of Albert and Gladys Campbell as the parents of Charles Clayton Campbell, a minor, and Charles Clayton Campbell, individually, against the City of Beaumont and directs that the claim be referred to the City's insurance company for action. AYES: Councilmen Shaw, Lowry and Mayor Pro Tem Hammel. NOES: None. ABSENT: Mayor Thompson and Councilman Blankenship ABSTAIN: None. 1.7. Set date for Public Hearing for Change of Zone No. 1000 - Applicant: Charles Ciraolo. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont sets the date of Monday, September 14, 1981, at 8:00 P.M. for Public Hearing of zone change application. AYES: Councilmen Shaw, Lowry and Mayor Pro Tem Hammel. NOES: None. ABSENT: Mayor Thompson and Councilman Blankenship ABSTAIN: None. 1.8. Set date for Public Hearing of Change of Zone No. 1003 - Applicant: Raymond B. Schooley. On Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council of the City of Beaumont sets the date of Monday, September 14, 1981, at 8:15 P.M. for Public Hearing of zone change application. AYES: Councilmen Shaw, Lowry and Mayor Pro Tem Hammel. NOES: None. ABSENT: Mayor Thompson and Councilman Blankenship ABSTAIN: None. 11&OW XIIW Is) ,WWei: "S" There was no request to address the Council under oral communication. ADD _ ITEM: On Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council of the City of Beaumont grants Mayor Thompson approval to be absent from the State for a period of ninety days. AYES: Councilmen Shaw, Lowry and Mayor Pro Tem Hammel. NOES: None. ABSENT: Mayor Thompson and Councilman Blankenship ABSTAIN: None. The meeting was adjourned at 8:30 P.M. Respectfully submitted, Lois Miller, City Clerk Page 3 BEAUMONT CITY COUNCIL MINUTES OF AUGUST 10, 1981 11. The Beaumont City Council met in a Regular Meeting at 7:30 P.M., on Monday, August 10, 1981, in the City Council Chambers, with Mayor Thompson presiding. 2.. The Pledge of Allegiance to the Flag was led by Councilman Blankenship. 3.. The invocation was given by Pastor Ronald Foll. 4.. On Roll Call the following Councilmen were present: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. 51. There being no deletions, additions or corrections, the Minutes of Regular Council Meeting of July 28, 1981 and Special Meeting of August 6, 1981, stand approved as submitted. 6.. There being no objections, the Minutes of Regular Planning Commission Meeting of July 21, 1981 were accepted as presented. 7. On Motion by Councilman Shaw, seconded by Councilman Blankenship, Warrants as audited per Warrant List of August 10, 1981, in the amount of $21,298.23; and Payroll of August 7, 1981, in the amount of $23,989.10 are approved for payment as audited. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 8.. Report from City Attorney regarding Rent Control Ordinance. On Motion by Councilman Blankenship, seconded by Councilman Hammel, the City Council of the City of Beaumont denies any rent review commission, and designates that any ordinance forthcoming should be by initiative. AYES: Councilmen Blankenship, Hammel and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: Councilmen Shaw and Lowry. 9.. Authorization for City Attorney, H. M. Dougherty, to Appear in behalf of the City of Beaumont in case of Irish D. Mitchell vs City of Beaumont. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont authorizes the City Attorney, H. M. Dougherty, to appear in behalf of the City of Beaumont in the case of Irish D. Mitchell vs City of Beaumont. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 10.1 Request for Approval to Advertise for Bids - Pennsylvania Street Improvement Project FAU- M- Y432(1). On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont gives their approval to advertise for bids on the Pennsylvania Street Improvement Project FAU- M- Y432(1), subject to final approval by Cal - Trans, thereby authorizing the City Manager and CG Engineering to advertise for bids upon receipt of approval from Cal - Trans. Page 1 11. 1 :3 . 14. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. RESOLUTION NO. 1981 -40 - Authorizing Investment of City of Beaumont monies in Local Agency Investment Fund. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont adopts Resolution No. 1981 -40 authorizing investment of City of Beaumont monies in Local Agency Investment Fund. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. The resolution was read in its entirety by the City Clerk. Request from Bob Purcell for Consideration of Reduced Business License Tax, with recommendation from City Manager. On Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council of the City of Beaumont reduces the Business License Tax Fee for Mr. Bob Purcell to $40.00 per year with no penalty as this request was filed prior to the delinquent date; and that the first and second penalty periods for non - payment of the Business License Tax Fee each be postponed for a period of thirty days for all businesses. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. Request from Ray Velez for Waiver of Business License Tax for Non - Profit Corporation, Teen Outreach, Inc., to Conduct Business in the City of Beaumont. On Motion by Councilman Hammel, seconded by Councilman Lowry, the City Council of the City of Beaumont waives the Business License Fee for the Fiscal Year 1981 -82 for Ray Velez, Teen Outreach, Inc., a non - profit corporation, to conduct business in the City of Beaumont. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. ORAL COMMUNICATION: a. Ms. Patricia Renna stated she would not be addressing the Council regarding election to replace Councilman Blankenship, in view of the special meeting held on August 6, 1981. She then read a statement concerning the need for an election rather than appointment to any vacant Council seat. b. Mr. Otis Fesler, Beaumont High School track coach, addressed the Council concerning a proposed road race to be held in the City of Beaumont, and requesting the Council to grant a fee - exempt permit to hold this race. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont grants a fee - exempt permit to Mr. Otis Fesler, Beaumont High School track coach, and Mr. Willard Love of Kelts Sporting Goods, to hold the Beaumont Road Race on October 25, 1981, subject to approval by the police and traffic controls; and gives permission to use the Beaumont logo on the official race T- Shirt. Page 2 AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 15. Approval of Third Street, or "Hershey By- Pass ", as a Community Development Project for City of Beaumont. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont approves Third Street or the "Hershey By- Pass" project, as a Community Development Project for the City of Beaumont. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. 16. Recommendation for Chip Seal Surfacing of Various Beaumont Streets. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont authorizes the City Manager to request the Board of Supervisors to authorize the County Road Commissioner to perform chip seal coating work on approximately three miles of City streets, with the City buying its own oil and 3/8" rock, and the County performing the work and billing only for that work, with the County's maximum work performance to be in the amount of $10,000.00. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. The meeting was adjourned at 9:15 P.M. Respectfully submitted, LO S MILLER, City Clerk Page 3 BEAUMONT CITY COUNCIL MINUTES OF SPECIAL MEETING OF AUGUST 6, 1981 1. The Beaumont City Council met in a Special Meeting at 4:00 P.M., on Thursday, August 6, 1981, in the City Council Chambers, with Mayor Thompson presiding. 2. On Roll Call the following Councilmen were present: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. 3. Determination that DVY has met MBE Requirement in its bid on Modification of Existing Wastewater Treatment Plant - City of Beaumont E.P.A. No. C -06- 01397 -110. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont certifies DVY is in compliance with MBE requirements, and re -adopt their previous order of award of bid to DVY Construction Co. for the Modification of Existing Wastewater Treatment Plant - City of Beaumont Project No. C -06- 01397 -110, in the amount of $1,379,500 as the lowest responsible bidder. AYES: Councilmen Shaw, Hammel, Lowry and Mayor Thompson. NOES: Councilman Blankenship. ABS: None. 4. Peter Kiewit Sons Co. Protest of Award of Bid to DVY for Project No. C- 06- 01397 -110. On Motion by Councilman Hammel, seconded by Councilman Lowry, the City Council of the City of Beaumont rejects Peter Kiewit Sons Co. protest of award of bid to DVY for Project No. C- 06- 01397 -110. AYES: Councilmen Shaw, Hammel, Lowry and Mayor Thompson. NOES: Councilman Blankenship. ABS: None. 5. Unresolved Council Business from the Regular Meeting of July 28, 1981. Motion by Councilman Blankenship to prepare a Resolution to fill the vacancy of the council seat, in that it has three years remaining, to the next election, which is in November, the school board election, and can be consolidated with a minimal cost of sharing the election with the school board, seconded by Councilman Shaw. AYES: Councilmen Blankenship and Shaw. NOES: Councilmen Hammel, Lowry and Mayor Thompson. ABS: None. MOTION FAILED On Motion by Councilman Lowry, seconded by Councilman Hammel, the meeting was adjourned at 4:37 P.M. Respectfully submitted, Deputy City Clerk BEAUMONT CITY COUNCIL MINUTES OF JULY 28, 1981 1. The Beaumont City Council met in a Regular Meeting at 7:38 P.M., on Tuesday, July 28, 1981, in the City Council Chambers, with Mayor Thompson presiding. 2. The Pledge of Allegiance to the Flag was led by Councilman Blankenship. 3. The invocation was given by Reverand Paul Lucas. 4. On Roll Call the following Councilmen were present: Councilmen Blankenship, Shaw,Hammel, Lowry and Mayor Thompson. 5. There being no deletions, additions or corrections, the Minutes of Regular Council Meeting of July 13, 1981 and Adjourned Meeting of July 16, 1981, stand approved as submitted. 6. There being no objections, the Minutes of Regular Planning Commission Meeting of July 7, 1981 were accepted as presented. 7. On Motion by Councilman Shaw, seconded by Councilman Lowry, Warrants as audited per Warrant List of July 28, 1981, in the amount of $92,274.17 and payrolls of July 10 and July 24, 1981, in the amount of $46,168.84 are approved for payment as audited. AYES: Councilmen Shaw, Hammel, Lowry and Mayor Thompson. NOES: Councilman Blankenship. ABS: None. 8. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont proclaims the week of October 5 through 9, 1981 as "National Fire Prevention Week ". AYES: Councilman Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 9. Transfer of Funds from Reserves for Contingencies. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont authorizes the transfer of funds from the reserve for contingencies, Account No. 025 to Acount No. 011, as recommended in letter from City Manager dated July 23, 1981. AYES: Councilmen Shaw, Hammel, Lowry and Mayor Thompson. NOES: Councilman Blankenship. ABS: None. 10. PUBLIC HEARING - 8:00 P.M. Appeal filed by Eagles Lodge of Planning Commission Decision re: Denial of Conditional Use Permit. Public Hearing was opened at 8:00 P.M. The appeal submitted to the City by the Attorney for the Eagles Lodge was read in its entirety by the City Manager. The City Manager then read the response to the appeal written by the Planning Department in its entirety. Mr. Robert T. Henderson, attorney for the Eagles Lodge, addressed the City Council on behalf of the Eagles Lodge stating - in repre- sentation of the Eagles he would point out a little bit of background on this. This is in a "Parking Zone" under the City's ordinance, which is kind of a strange cat to him in the sense that the primary purpose is parking. Apparently prepared for commercial parking operators if they should ever arrive in the City of Beaumont. Page 1 However, we arrived with an operation of permission to operate a lodge such as the fraternal order in this case, through your zoning ordinance, by allowing a use as permitted in your R -3, Multiple Unit Residential Units, and lodge is subject to a conditional use permit. It is their contention that, as set forth in the appeal, the Planning Commission did in fact violate its discretion in the matter of denial, and, as I will touch on, I don't believe that this report, and the record should show that this report has not been made available to me, does not answer satisfactorily either. This property, as you may be aware, is bordered on the North by a school, bordered on the East by the Odd Fellows Lodge, across the alley. Bordered immediately to the South by, I think it is either two or three residential lots, and then the fire station. The purpose, as stated in your ordinance, on the parking zone is to maintain a buffer between residential uses and heavier commercial or industrial uses, which is a stated purpose. As such, the parking zone is not a residential zone, even though R -3 uses are permitted in that zone. The jurisdiction, or the power of the Planning Commission, or for that matter the City Council also, on conditional uses, is not carte blanche; as pointed out briefly in your report, the Planning Commission is entitled to hear evidence, as is the Council, concerning the compatibility of the use in the general area, the entire purpose of a conditional use permit being that, in adopting the ordinance you recognized that certain uses might not be acceptable or compatible in all zones in a City zoned in a certain way. Which, of course, gives you the right to review the compatibility issue. The only report that we have received from the Planning Commission states, on motion by Commissioner Seaburg, seconded by Commissioner Livingston, the Planning Commission of the City of Beaumont denies application for Conditional Use Permit No. 1000, by the Eagles Lodge, due to the fact that there is inadequate parking available. That is the sole content of that report. There is no findings of fact. There is, in fact, no summary of any evidence that submits to this Council, or to my client for that matter, why they deemed the parking to be inadequate. We don't know whether it is inadequate because of its present condi- tion - at present it is not paved. We don't know if it is inadequate because perhaps there is not enough space. We are not advised through any findings whatsoever by the Planning Commission what is adequate, what is not adequate, what is required, what is not required, and this is a carte blanche denial of a conditional use permit that is, in fact, permitted under the ordinance. In that sense, the Planning Commission, I am sure inadvertedly, has stepped outside the jurisdiction granted to it, which is contained under Subsections (a) and(h)of Section 1001.1, which in(a) addresses itself to compatibi- lity of the use in the general area As I have previously pointed out to you, directly across the alley to the East is another lodge. I am at a loss at the present time,and I am certainly at a loss to any finding of fact whatsoever in the Planning Commission report or minutes as to what it is that is incompatible. By not addressing that fact, I believe that it is presumed that they addressed that fact - that they found no evidence to find any incompatibility, and so, therefore, that issue does not exist before this body on this appeal stage. Secondly, under Subsection (b) of your ordinance, they are authorized to review the application, the conditional use application for items of noise, smoke, dust fumes, vibrations, odors and hazards. There is not one single word in the findings of your Planning Commission that addresses any of that. The sole finding is that there is inadequate parking, as is previously touched. It is my opinion, that they are entitled to have a conditional use permit, unless there is something that is adverse under this ordinance to that use at that spot, subject to reasonable conditions. We are willing to meet reasonable conditions in regards to parking. If we cannot put it on site, which I have no reason to believe we couldn't put it on site, this building, and in looking back at the listing, which I think started part of our problem, when they purchased this in early 1979, it was listed as being 430 feet, and the use was listed as compatible for lodges, etc., which is why they bought it. That was a half -truth - yes that is a property use subject to a conditional use permit, which is exactly what we applied for. Page 2 Mayor Thompson. Excuse me, I have a question. You say they pur- chased the property in 69. Mr. Henderson: 79. Mayor Thompson: 79, I'm sorry. Then they started operating as a lodge in 79? Mr. Henderson: They operated, as near as I know, in 79. They may be able to correct me on that, but in looking through my files, and the documentation I have, I see where your Planning Director, Mr. Sullivan, in June of last year, 1980, advised them in a letter that they were required to have a conditional use permit. . . Mayor Thompson: You mean they operated from its inception to the time they applied to the Planning Commission recently without a conditional use permit? Mr. Henderson: No, as I understand it, until August 14. This was to the Planning Commission previously. . .(asking a question of a member of the audience) . . .was their operation prior to August of 1980, in other words, after your purchased it was it operated as a lodge? Yes, the answer to that councilman is affirmative. Mayor Thompson: I have one other question, before you go on. This operation . . it came to the original Planning Commission, and was a conditional use permit issued . . Mr. Henderson: No, in August 14, 1980 this was heard for the first time on the first application by my client for a conditional use permit. And that was at the request of your Planning Director at that time, which he was correct - they were required to apply for that. The Planning Commission heard that, and there were various recommendations by Mr. Sullivan, at that time, to the Planning Commission on a basis of approval requiring paving of the parking lot, requiring curb and gutter improvements on Maple Street, where it fronts the property, requiring a block wall fence, I think a six foot block wall fence on three sides, and some hours of operation, I don't recall what those were, and something in regards to the sales of liquor. There were various recommendations made. I am not sure what the Planning Commission did with it at that time. If we assume, for the moment, that they followed the Planning Commission's recommendation, they - on the record they would have approved the conditional use permit . . . Mayor Thompson: Subject to those condition. . Mr. Henderson: Subject to those conditions, however, there were one or two conditions - at that time they consulted me for the first time - and there were one or two items on that, if that in fact was the Planning Commission's decision, that was not acceptable, and so therefore we intended, at that point, to appeal to the Council at that time. However, at about that - because your zoning ordinance, Ordinance 490, under your Chapter 10, as it is referred to, requires a written notice to the applicant of the findings of the Planning Commission - either approval, denial, etc., but the findings. We didn't get that. I wrote to the then City Manager, and there should be a letter in your file on that, Ross Nammar, I've got that in my file, asking him for that report because there were a couple of items that were objectionable to us, and we would like to appeal that to the Council as provided in the ordinance. At about that time, the City Council fired the Planning Commission, as you recall. I received a letter, after discussion with Mr. Nammar, as to the fact that they had no such written report, and at that time they had no Planning Commission, and so, he suggested in a letter to me on October 1, 1980, advising that he had reviewed it with the Planning Staff, and in their opinion it would be to the Eagles benefit if they would re -apply for a conditional use permit in regards to the operation. And I think it was about that time the Eagles secretary, the late Norman Norman, passed away, and Page 3 and they re- applied, and that is how it got back to the Planning Commission again this past May 19, which did lead to this finding to -wit: inadequate parking, so that is the history as I understand it on that issue. But we feel the Eagles . . we feel that the use is compatible, we can't imagine any use that that property could be put to as a lodge that would in any way, any adverse effects whatsoever to the City, which if there are any, we don't feel there are any that cannot be handled by adequate conditions. If there are problems with the property, or any problem in particular that the City doesn't feel they can cope with, I believe that we are entitled to have a condition to that effect, even if it is a number of parking spaces in 490 - and I haven't checked it for this - if it is a question of the number of parking places, it seems to me they would be entitled to a conditional use permit with that number on there. If they could not comply with that, then they would not be able to operate, but they would at least have the chance to comply. Because, as you are aware, that is probably one of the only places in the immediate vicinity, when you look at the school, when you look at them, when you look at City Hall, has any off - street parking at all. City Hall doesn't have one space of off- street parking to my knowledge. And they do . . . .(tape changed at this point) . . .come back to the Council on perhaps a continuation of this public hearing with.some recommendations if possible that could be acceptable for everybody's benefit. Mayor Thompson: I have a question now. On an application for a conditional use permit, what are some of the documentations that must be submitted with a CUP application? Are you familiar with them? Mr. Henderson: As a normal procedure, yes there is an application for the conditional use permit, which would set forth the uses required, the zone that it is in, any specific requirements in that zone, a description of the property, probably a plot plan, etc. That is the way I think . . in my opinion one should be handled. How they handle it in the City of Beaumont is beyond me at the present time, but with formulating your present staff a lot of this stuff will be ironed out, and you will probably be seeing less and less of this at this level. Mayor Thompson: The reason I asked you that question, Bob, is that under normal procedures that a plot plan, along with the application, is submitted. And the basic dimensions of the plot plan are checked in regarding building coverage of the area of the site, the potential off - street parking requirements and if they can be met according to this plot plan. Mr. Henderson: Yes, and that application, if I follow you, as it comes to the Planning Commission should probably show what is required insofar as numbers, what can or cannot be met- but it would be possible there, at least it would be worth exploring, if they did not have enough on- street or off - street parking on their site, they are within a stone's throw of the very parking lot that the City borrows here, and it is quite possible that a feasible alternative would be the rental, say a monthly or annual rental of various parking spaces for this particular use for the lodge. There are a number of ways it could be approached. What we are appealing from is your carte blanche no, with no adequate opportunity whatsoever to meet any kind of conditions. Mayor Hammel: Inasmuch as I have been one which was on the Council during this period of time, when the Planning Commission was laid off or fired, I would like to ask you, if you were sitting up here in this chair, what decision would you make if Mr. Sullivan, the then building inspector, went down there and informed them in writing as to what the conditions - the conditions needed for the Eagles Lodge to operate. But since then, and you must admit this, no compliance was there. Nobody cares. Nobody does a thing out there. They feel they are independent, they do as they please, not as the City would like to operate them. We are here to operate things, not to leave them go, that any Tom, Dick and Harry comes Page 4 in the City wants to do as they please. We like to go along with the people and help the people. That is what we are here for, and if these people won't comply with what we ask them to, through the Planning Commission or through the Building Inspector, then we have no job. Mr. Henderson: I certainly understand that Councilman Hammel, and you are correct, that is the purpose of your being here, however, if the Eagles have given you the impression that they are not interested in complying with reasonable standards in the City, I believe you are incorrect. We have been working, and I have no reason to say anything other than in good faith, and I can say that personally on my behalf, since September 22, 1980, when I first addressed my first letter to your City Manager asking him where the report was, and what he suggested in the event the report couldn't be . . . we have been following, since the first letter of Mr. Sullivan stating that you people have to have a conditional use permit in June of 1980, they have been doing everything requested of them for that purpose. It seems that through the turnovers in staff, through the turnovers in the Planning personnel, the Planning Commission itself, and the Council, it seems that this thing has gone an undue amount of time. I admit that, I can't understand why it takes, in essence, a year to process a conditional use permit, and then be standing here in front of the Council with not one finding from the Planning Commission whatsoever, just a flat denial of any conditional use permit whatsoever. Which, in effect, denies my client the use of their property. I don't think that is in the best interests of the City, but we are willing to sit down and see what the City wants in the way of improvement, and see if we can comply with them or we can't comply with them, but we are willing to do everything we can to satisfy everybody involved. City Manager: I would like to point out to the Council, and I think I am in disagreement with what the counselor for the appellant has said. I think it has been held very precisely, and very well established in case law, that when a case is transferred to the governing body from the Planning Commission, no matter what the basis of the appeal was, the fact that the case is transferred to the governing body, they assume total jurisdiction, and we are not here as the governing body - this group is not here talking only as to relevancy in terms of parking statistics tonight, but you are hearing the full range of this particular case, and you can do anything within your basic prerogatives on this matter. Either in setting new conditions, or asking for new information from staff, anywhere you want to go. This is your case at this point, and is not tied strictly to parking. Mr. Henderson: That is absolutely correct. You have the right under 490, as it has always been, and I think under the ordinance itself, to modify . . in essence, you re -hear the matter. I certainly didn't intend to imply anything different. You certainly are bound by the terms of your ordinance insofar as the criteria under 10,001 (a) and (b), to -wit: the general benefit of the neighborhood, the odors, the smells, etc., which we went all through, but I don't see where that restricts the Council at all in sitting down if they will, perhaps with a committee or with staff, and exploring the entire problem over there from pavements to curbs to paint on the exterior of the building, if you will, and coming up with what is reasonable for the City, and to protect the City's interest, and also to allow the Eagles to operate in a reasonable manner. Mayor Thompson: I have one more question. This may be germaine or not; you may answer or you may not. Is the property, at the present time, up for sale? Mr. Henderson: If you can believe that sign on the front yard, yes it is. Councilman Blankenship: I would like to ask a question from our Planning Department, Gary Croft. Norm Davis mentioned several things, but the recommendation from our Planning Director, all he emphasizes and all he says is the specific basis for the original denial - inadequate parking - is valid. That is all he says. Even right now, even right now, all the man is saying is parking. In Page 5 his own recommendation, and this is two it any further I wonder if you would be Mayor Thompson: No, not yet, we are st We have heard from the proponent of the other proponents for the appeal? O.K., for those that oppose the appeal. years old. Before we hear open for a motion. ill in the public hearing. appeal. Are there any we will have some input now My name is Harold Blackaby. I live at 662 Maple, two lots south of 690, which the Eagles would like to get a conditional use for. This is only the eighteenth time in eighteen months we have re- quested enforcement of State and City laws in this matter. Prior to 3 -12 -79 a member of the Eagles visited me and related to me their intent as follows. This intent was what motivated them to purchase this property. One was a meeting place. Two was fund- raising - dances, weddings, celebrations, beer parties, breakfasts, dinners, bake sales, rummage sales, bingo and whatever other way they could raise funds to pay for the property, including a liquor license and rental to others who might also want to use the property for like purposes. He asked if I would object. This was to be open to the public. I told him I would object to that sort of activity in a wrong zone. When that was zoned "P" Zone, or Parking Zone, we were assured that it was for all purposes an R -3 Zone. Therefore, he and they knew before they bought the property, with knowledge that it was out of zone for these purposes. They occupied the building and proceeded to remodel it in defiance of State and City laws. One permit and one application for variance shows false information submitted. With this illegal base and illegal operation, and I might say the operation began soon after the purchase, they had rummage sales and bake sales open to the public, with signs on the street - and while we are mentioning signs, there has been, for the most of the time they have occupied that property a for sale sign on it. So that is a sham altogether. They have also applied for another liquor permit, and this shows that their sign is not in good faith. That it is just that - a sham. With this illegal base and illegal operations that have gone on before, we feel this should leave them with no legal standing for the succession of hearings and appeals, some of which they have ignored anyway. Even the conditions set, which should have been reasonable, had they been reasonable people, but they haven't been. As you can see they occupied the building unreasonably. If there were going to be a sitdown conference in good faith, it should have been done 3- 12 -79. With their record as "skoff Laws ", they seek this appeal on a legal technicality, and not on the reason for the Planning Commission's reason for denial of their CUP application. Mr. Henderson is very handy at bringing up legal technicalities, but it seems that he must be ignorant of Ordinance 490 as pertaining to parking lots, and the situation as it is down there. It seems that he hasn't advised them of an occupancy permit - of building permits - they have bootlegged in a bar with no permit. The one permit they got was half false information. The application on the variance sheet is of record here in City Hall was mostly false. As far as the Odd`Fellows Lodge that is operating to the east, they have been compatible with a residential neighborhood in that they have caused no disturbances whatsoever. Since their occupation of the building the Eagles have on several occasions disturbed the peace of the neighborhood. There are at least eleven persons in a stone's throw of their building who are ill, aged, handicapped and some all three, who need their rest and the quiet this neighborhood formerly enjoyed, while this building was used as the White Oak School, Pass Resources Center, etc. It is not now, and will not be in the foreseeable future, compatible with the school playground, Little League, Pop Warner, and other sports activities of small children almost con - tinuously using the Palm School facilities, as well as being within sixty feet of the school bus loading and transfer zone serving the District Schools. Penalties for one of these violations alone could run near a quarter of a million dollars because they occupied the building, they have become a public nuisance, they have violated State law - they are not reasonable people. Any questions? Are there any reasonable conditions? I hope that you have all viewed the situation down there. Are there any reasonable conditions that ,would allow them to be compatible with the present neighborhood. Mr. Ken Murdock, President of Beaumont Unified School District stated a letter was sent to all members, however he would read the contents Page 6 of the letter. (The letter is on file and will not be included in these minutes.) The letter stated the opposition of the school district to the Eagles Lodge operating at this location, and asked that the appeal be denied. Mrs. Leona Blackaby, 662 Maple, addressed the Council as an opponent to the appeal, stating that she lives two doors south of the building occupied by the Eagles Lodge. She further stated said lodge is asking this Council to take action that would legalize an operation that began over two years ago at 690 Maple, with apparently no consideration from the lodge for the neighbors whom they have disturbed, nor the many school children jeopardized by their close proximity to the loading and unloading zone of Beaumont Unified School Buses. According to Mr. Norman Norman's statement at the public hearing before the Beaumont Planning Commission in August 1980, the Eagles Lodge located in this building because they could find no other within their price range. They were interested in serving their own interests, and have seemed to have no interest whatsoever in the impact their presence has upon the neighbors and school children. Utter consternation is the reaction of most everyone whom I have spoken to about the Eagles Lodge being located directly across Seventh Street from Palm School, and on a very heavily traveled corner by parents and children. Most people cannot conceive of anyone who would be incon- siderate enough to want to locate a bar at this address. The off - street parking is so small, patrons must back into the street to exit the lot. When the sirens from the trucks leaving the fire station two doors south of us awaken us at 3:00 A.M., we can go back to sleep knowing someone is getting the help they need. But it is very irritating to be awakened at that hour by whiskey bottles being thrown in the dumpster at the Eagles Lodge. The reeling and stumbling figures passing our house is also new to this neighborhood. Bars are just not compatible in a residential neighborhood, nor a school zone. I hope you gentlemen agree. I will be happy to answer any questions that I can if you have any, either from you or from the proponents. Councilman Blankenship stated that he was a life time member of several lodges and organizations and he takes exception to the statement that their primary purpose was to conduct a bar. Mrs. Blackaby stated she was not qualified to speak collectively of lodges, because she does not know that much about them, but she has first - hand,eyewitness of what she has said. She also has documentation for other things, which she will not go into at this time. Mayor Thompson asked if there was anyone else who wished to speak in opposition to the appeal, and receiving no indication that any- one else wished to speak, asked Mr. Henderson if he wished to address any of the statements made by the opponents. He then asked Mr. Henderson if there was a space prohibition between the location of a liquor license to a church or a school, as there used to be, in the form of a State law, and Mr. Henderson stated he was not aware of any, that it is a local zoning matter. Mayor Thompson then read an excerpt from an ABC document stating "how many feet must a licensed premises be from a church, a school or a residence. Vicinity of churches, hospitals, within 600 feet of schools and public playgrounds. The department will not license a new location within 100 feet of a residence, unless the applicant can establish the operation of the proposed premises will not interfer with the quiet enjoyment of the property by residents, and stated the reason he mentioned this is if the Eagles could not get a license, there would be no reason for them to be there, would it? Mr. Henderson: I don't know. That is possible, but I would point out to the Council that I think the issue - or rather the ABC will issue a license is preempted by the State law, and I don't think that would be a proper matter for consideration insofar as a Condi- tional Use Permit. If they can't get a license, that is another problem they've got - but I don't think it really has much to do with the Conditional Use Permit. Page 7 Mayor Thompson: I have question number two. A statement was made that in the present parking area they have to back into the street from the parking area. Would you classify that as a relatively true statement. Mr. Henderson: I couldn't classify it at all. I don't know what the dimensions are; I am sure that at some time or another someone has backed into the street there, but whether that is necessary under any reasonable parking arrangement, I really can't answer that. Mayor Thompson: The reason that I mentioned that is in our parking ordinance, Section 800 of 490, it specifically prohibits a parking area that requires the vehicle to back into a public street. I will quote you chapter and verse if you wish. Mr. Henderson: We are talking about several different issues, and maybe I can touch on them just briefly, and I won't burden you with it. The issue was brought up by one of the opponents that this is not a permitted use in that zone. We have already covered that insofar as lodges are permitted in your parking zone,subject to a conditional use permit. It is not a residential zone. I would further point out, that a conditional use permit has no effect, if issued, has no effect whatsoever on your public works standards, on your building code requirements insofar as any other requirements, such as ventilation, if a parking lot plot plan was submitted under a conditional use permit it did not comply with your ordinance, or any other provisional law insofar as the way it was circulated, the size of the spaces, anything else, and it would not be approved. In addition, they have to comply with all of that criteria. A conditional use permit does not give anybody the right to violate a building code, a public works standard, or anything of that nature. Insofar as the school operation goes, I believe it was stated to the Planning Commission months ago that they had no objections to hours, if in fact you found that conflicts with the school that were set that did not conflict with the school operation. There are many conditions that might be very reasonable in this case, but again I go back to the same thing, I think it should be explored, and I think they should be given the opportunity to meet reasonable conditions, not just told that no, you have inadequate parking, you can't operate there, and leave it as it is now. In answer to a question from Councilman Lowry, Mayor Thompson stated this matter was gone through at the Planning Commission level, the Planning Department level, in accordance with 490, they came back with a denial of the CUP, after study. In answer to another question from Councilman Lowry, Mr. Henderson stated there was no written report, what was discussed or what wasn't, he could not advise them. Mayor Thompson: From what I can gather there was a public hearing held on this conditional use permit at the Planning Commission level, and documentation is available, and the planning staff of the City, and the Planning Commission did hold a public hearing, and they did render a decision based upon parking requirements, and they denied it on that basis. And, according to 490, I don't believe their action was capricious. Mr. Henderson: I am not saying to the Council, if nothing else I will go on record perhaps for clarity, I am not saying to the Council, that a conditional use permit cannot be denied. What I am saying is that it deserves a review as to what it is about it that is objec- tionable, and if there is no way to impose a reasonable condition that that would balance the rights of the community, as you have the right and, in fact, the duty to do to balance the rights and the uses of property so that they are compatible with one another. What I am saying is if there is something about this Eagles Lodge that is so objectionable that it just cannot be operated under any reasonable condition, then they should be entitled to know what that is. At the present time they don't have a thing in front of them other than just the carte blanche statement, inadequate parking. Page 8 11. 12. There is no report as required by your ordinance touching on those issues, which is what lead me to say that by not touching on those issues, that it can only be presumed that they did consider them, and they find nothing objectionable in that area - just inadequate parking. Councilman Shaw asked, in essence what Mr. Henderson is saying, they want the City to stipulate that they object to the sale of liquor on the premises due to the close proximity of schools, etc. Mr. Henderson: No, whether they would qualify for a liquor license, or whether they will not, they do not have a liquor license now, and whether they qualify for one is up to the Alcoholic Board of Control to -wit: if there is some problem there, yes, then it would be up to that board to deny the license. That still would have nothing to do with their . . if you find they have a right otherwise to operate a lodge in that zone, because, bear in mind, in adopting Ordinance 490, this Council has already said that a lodge in a parking zone is a proper use, subject to reasonable conditions. You have already said that, or the Council for Beaumont has said that, and that is the ordinance we are all living with. My objection is, I hate to see any property owner carte blanche shut out of the use of their property in this sort of process, and I think they have every right to be appealing this, and I think there is merit to it. Mayor Thompson: We have heard the proponent that is appealing the Planning Commission decision. We have heard the opponents of that appeal of the decision of the Planning Commission, and the proponent has had a chance to rebut the statements of the opponents. It was the concensus of the Council that the Public Hearing would be closed at this time. The public hearing was closed at 9:58 P.M. Motion by Councilman Blankenship to refer this back to the Planning Commission to handle it in its proper perspective died for lack of a second. Motion by Councilman Lowry, seconded by Councilman Hammel, to deny the appeal and sustain the Planning Commission recommendation, and the recommendation of the Planning Commission be approved. AYES: Councilmen Shaw, Hammel, Lowry and Mayor Thompson. NOES: Councilman Blankenship. ABS: None. Motion by Councilman Lowry, seconded by Councilman Hammel, to direct the City Attorney to draft a resolution setting forth the findings as implementation of Section 1003.4. AYES: Councilmen Shaw,Hammel, Lowry and Mayor Thompson. NOES: Councilman Blankenship. ABS: None. Report on and Award of Bid for Modification of Existing Wastewater Treatment Plant. On Motion by Councilman Hammel, seconded by Councilman Lowry, the City Council of the City of Beaumont accepts the low bid of DVY as presented to the Council in the amount of $1,379,500, on the condition they have the proper bond and the Council is informed of all conditions necessary as stated by engineers. AYES: Councilmen Shaw, Hammel, Lowry and Mayor Thompson. NOES: Councilman Blankenship. ABS: None. Master Plan of Sewers Study, Request for Authorization to Seek Grant. On Motion by Councilman Lowry, seconded by Councilman Hammel, the Page 9 City Council of the City of Beaumont authorizes the City Manager to apply for grant funds from Community Development for the Master Plan of Sewers Study, as soon as possible. AYES: Councilmen Shaw, Hammel, Lowry and Mayor Thompson. NOES: Councilman Blankenship. ABS: None. 13. Request from citizens group regarding rent control in the City of Beaumont (tabled July 13, 1981). This agenda item was tabled until the next regularly scheduled Council meeting on August 10, 1981 for further evaluation by the City Attorney. 14. RESOLUTION NO. 1981 -38 - Providing for the Authorization to Enter into a Political Subdivision Lease Purchase with the Bank of America , Beaumont Branch, for the Purchase of a 1981 Mobile Sweeper. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 15. Authorization to City Attorney to Proceed as Requested and Direct City Attorney to Request all Insurance Companies to Reimburse the City for his charges as a result of time spent re: the Berens Matter. On Motion by Councilman Blankenship, seconded by Councilman Shaw, the City Council of the City of Beaumont authorizes the City Attorney to proceed as requested in accordance with the letter of July 20, 1981. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 16. Report on Transient Occupancy Tax and Alternatives for Use and Proposed Ordinance No. 533. Motion by Councilman Lowry, seconded by Councilman Hammel, to rescind the Council action of May 11, 1981 directing that the City Bed Tax be used for City Promotion Only. AYES: Councilmen Hammel and Lowry. NOES: Councilman Shaw and Mayor Thompson. ABS: Councilman Blankenship. MOTION FAILED Motion by Councilman Shaw, seconded by Councilman Blankenship, that the Transient Occupancy Tax remain status quo, and that it be used specifically for the promotion and the welfare of the City. AYES: Councilmen Blankenship, Shaw and Mayor Thompson. NOES: Councilman Lowry. ABS: Councilman Hammel. MOTION CARRIED 19. ORAL COMMUNICATION: a. Mrs. Artie McMillan, 1277 Pennsylvania, presented a signed petition stating opposition to a gambling casino in the City of Beaumont. b. Reverand Cliff Howrey, pastor of the First Southern Baptist Church, Beaumont, addressed the Council, speaking in opposition to a gambling casino in the City of Beaumont. C. Ms. Marie Carmichael, 885 Wellwood, addressed the Council speaking in opposition to a gambling casino in the City of Beaumont. Page 10 17. Report from City Attorney Concerning Cardroom Ordinance. Motion by Councilman Blankenship, seconded by Councilman Shaw, to create a cardroom ordinance relative to Lake Elsinore's ordinance, drawn up by the City Attorney, to be presented to the people by referendum ballot on its denial or approval. MOTION WITHDRAWN. Motion by Councilman Blankenship, seconded by Councilman Shaw, to adopt Resolution No. 1981 -40, with restrictions agreed to, as presented by the City Attorney regarding the cardroom ordinance. AYES: Councilmen Blankenship and Shaw. NOES: Councilmen Hammel, Lowry and Mayor Thompson. ABS: None. 18. Recommendation that City Council request Riverside County Road Department to Chip Seal Coat approximately 1 -3/4 miles of City Streets. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont authorizes the City Manager to request a price from the Riverside County Road Department to chip seal coat approximately 1 -3/4 miles of City streets. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 20. Proposed Fee Schedule - Planning Department Matters. On Motion by Councilman Blankenship, seconded by Councilman Shaw, the City Council of the City of Beaumont refers this fee schedule and Resolution No. 1981 -39, back to staff for justification and staff report. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. On Motion by Councilman Lowry, seconded by Councilman Hammel, the meeting was adjourned at 11 :10 P.M. Respectfully submitted, p 9 1 rl)lm Page 11 BEAUMONT CITY COUNCIL MINUTES OF ADJOURNED MEETING OF JULY 16, 1981 (Adjourned from July 13, 1981) 1. The Beaumont City Council met in an Adjourned Meeting at 7:33 P.M., in the City Council Chambers at the Beaumont Civic Center, on Thursday, July 16, 1981, with Mayor Thompson presiding. 2. On Roll Call the following Councilmen were present: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. 3. On Motion by Councilman Lowry, seconded by Councilman Shaw, the Minutes of Adjourned Meeting of July 1, 1981 and Adjourned Meeting of July 2, 1981 were approved as presented. AYES: Councilmen Shaw, Hammel, Lowry and Mayor Thompson. NOES: Councilman Blankenship. ABS: None. 4. Continuation of Agenda of Regular Meeting of July 13, 1981, beginning with Agenda Item No. 20. 20. RESOLUTION NO. 1981 -31 - Amending Sewer Charges pursuant to Ordinance No. 416 by Amending Resolution No. 1978 -27, Section 516. Motion by Councilman Shaw, seconded by Councilman Blankenship, to hold this request for a rate increase in abeyance for further study to find out where the loss of hook -up fees are, and make every residential unit pay the same amount. Motion by Councilman Blankenship, seconded by Councilman Shaw, to amend Councilman Shaw's motion to include a set time for reconsideration of this agenda item, the first meeting in October. AYES: Councilmen Blankenship, Shaw, Mayor Thompson. NOES: Councilmen Hammel and Lowry. ABS: None. The original motion was amended to state the request for a rate increase to be tabled until the first meeting in October. The vote was then taken on the original motion as amended. AYES: Councilman Blankenship, Shaw, Mayor Thompson. NOES: Councilmen Hammel and Lowry. ABS: None. 33. Re -Set Date of Public Hearing on Appeal of Planning Commission Decision in re: Eagles Lodge Conditional Use Permit for July 28, 1981. (Taken out of sequence). Motion by Councilman Blankenship, on staff recommendation and the fact that they do not have a valid permit to operate, the City withhold any activities for fourteen days until the public hearing, and the determination of the public hearing will determine whether they are allowed to operate or not operate - died for lack of a second. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont re -sets the date for Public Hearing on Appeal of Planning Commission Decision re: Eagles Lodge Conditional Use Permit for July 28, 1981. AYES: Councilman Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. Page 1 34. Continued Use of Eagles Lodge Pending Appeal, Report from Chief Planner. (Taken out of Sequence). Motion by Councilman Lowry, seconded by Councilman Hammel, to order the recommendation of the Chief Planner filed. AYES: Councilmen Shaw, Hammel, Lowry and Mayor Thompson. NOES: Councilman Blankenship. ABS: None. 21. Authorization for City Manager to increase number of equipment operators in Public Works Budget. On Motion by Councilman Hammel, seconded by Councilman Lowry, the City Council of the City of Beaumont accepts the recommendation of the City Manager pertaining to the equipment operators as per his letter requesting position changes as adopted in the budget, dated July 6, 1981. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 22. Request for Increase in Bus Fare. On Motion by Councilman Shaw, seconded by Councilman Blankenship, the City Council of the City of Beaumont approves the increase in the bus fare to 75( per passenger. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 23. Request to Declare Equipment /Vehicles Surplus and Authorize Auction of Same. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont declares the list of equipment /vehicles as surplus, and authorizes the auction of same, the date to be determined by the City Manager. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 24. Request to freeze step increases at current levels. Motion by Councilman Blankenship, seconded by Councilman Shaw, to deny the request to freeze the step increase at the current level, and direct the City Manager to meet and confer with City employees in good faith as has been the past practice. A ten minute recess was called by Mayor Thompson at 10:05. The meeting was reconvened at 10:13 P.M. AYES: Councilmen Blankenship and Shaw. NOES: Councilmen Hammel, Lowry and Mayor Thompson. ABS: None. MOTION FAILED. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont places a freeze on all step increases retroactive to July 1, 1981 of the employees of the City of Beaumont, and when and if funds become available Council will reconsider this action. AYES: Councilmen Hammel, Lowry and Mayor Thompson. NOES: Councilmen Blankenship and Shaw. ABS: None. 25. Report from City Manager on Bed Tax. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Page 2 Council of the City of Beaumont accepts and files the report from the City Manager on the Bed Tax, for consideration at a later date. Motion by Councilman Blankenship, seconded by Councilman Shaw, to amend Councilman Lowry's motion to include the statement that this will be brought back to Council at the next regularly scheduled meeting, July 28, 1981. AYES: Councilmen Blankenship, Shaw, Mayor Thompson. NOES: Councilmen Hammel and Lowry. ABS: None. The original motion was amended to state this agenda item will be brought back to Council for consideration at their next regularly scheduled meeting, July 28. The vote was then taken on the original motion as amended. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 26. RESOLUTION NO. 1981 -32 - Naming Beaumont Reserve Officers, Commander James Schulties and Officer Dave Rumore as "Full Power" Reserve Officers. On Motion by Councilman Shaw, seconded by Councilman Blankenship, the City Council of the City of Beaumont names Beaumont Reserve Officers, Commander James Schulties and Officer Dave Rumore as "Full Power" Reserve Officers. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 27. RESOLUTION NO. 1981 -33 - Naming Norman J. Davis, City Manager and Robert Bridges, Chief of Police, as representatives to acquire Federal Surplus Property from the California State Agency for Surplus Property. 28. RESOLUTION NO. 1981 -34 - Consenting and Authorizing Submittal of Annexation Application of Uninhabited Territory - Annexation No. 25. 29. RESOLUTION NO. 1981 -35 - Determining the amount of Property Tax Revenue to be exchanged between the County of Riverside and the City of Beaumont relating to Annexation No. 25 to the City of Beaumont. On Motion by Councilman Blankenship, seconded by Councilman Shaw, the City Council of the City of Beaumont adopts Resolution No. 1981 -33, Resolution No. 1981 -34 and Resolution No. 1981 -35 as written. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 30. Bids received for Sewer Plant Fencing. (Bids opened July 7, 1981). On Motion by Councilman Shaw, seconded by Councilman Blankenship, the City Council of the City of Beaumont accepts the bid of Albrite Fence Co., 25300 East Baseline, San Bernardino, California, in the sum of $16,893.00, for 2,500 lineal feet of 6 -foot chain link fencing and three 15 foot wide chain link swing gates, as per specifications. AYES: Councilmen Blankenship, Shaw, Lowry and Mayor Thompson. NOES: None. ABS: Councilman Hammel. 31. California Regional Water Quality Control Board Order No. 81 -151 prescribing conditions for the discharge of sanitary wastes from the proposed Beaumont Garden Apartment complex. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont opposes the application to develop a septic tank disposal system for the proposed Beaumont Garden Apartment complex, and authorizes the City Manager to Page 3 communicate this to the California Regional Water Quality Control Board. AYES: Councilmen Shaw, Hammel, Lowry and Mayor Thompson. NOES: Councilman Blankenship. ABS: None. 32. ORAL COMMUNICATION: a. Mr. Oscar Leeb addressed the Council in protest of the new business license tax. b. Mr. Charles Katz , 1101 N. First Street, Banning, addressed the Council in protest of the new business license tax. C. Mr. Bob Miller, Bob Miller RV, 1463 East 6th Street, addressed the Council in protest of the new business license tax. d. Ms. Patricia Renna addressed the Council asking a question con- cerning funds collected going into the General Fund, and the 50% penalty is an illegal penalty. 35. Proposed Agreement between City of Beaumont and Beaumont Confederation of Police. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont tables this agenda item, subject to recall at any time. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. ADD Consideration of Appointment to Fill the Unexpired Term of the City ITEM Clerk. 36. On Motion by Councilman Blankenship, seconded by Councilman Lowry, the City Council of the City of Beaumont appoints Lois Miller to fill the unexpired term of the City Clerk. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. Mayor Thompson announced that, with the concurrence of-the Council, they would set their next regular meeting for Tuesday, July 28, 1981, at 7:30 P.M., with a study session to be held at 6:30 P.M. Motion by Councilman Lowry, seconded by Councilman Blankenship, to adjourn this meeting until July 28, 1981, at 7:30 P.M., in the City Council Chambers, with a study session at 6:30 P.M. The meeting was adjourned at 11:20 P.M. Respectfully submitted, Pn o,P 4 BEAUMONT CITY COUNCIL MINUTES OF July 13, 1981 1. The Beaumont City Council met in a Regular Meeting at 7:36 P.M., in the City Council Chambers at the Beaumont Civic Center, on Monday, July 13, 1981, with Mayor Thompson presiding. 2. The Pledge of Allegiance to the Flag was led by Councilman Hammel. 3. The invocation was given by Councilman Lowry. 4. On Roll Call the following Councilmen were present: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. 5. There being no deletions, additions or corrections, the Minutes of Regular Meeting of June 22, 1981, Adjourned Meeting of June 25, 1981 and Adjourned Meeting of June 29, 1981, stand approved as submitted. 6. There being no objections, the Minutes of Regular Planning Commission Meeting of June 16, 1981 were accepted as presented. 7. On Motion by Councilman Shaw, seconded by Councilman Lowry, Warrants as audited per Warrant List of July 13, 1981, in the amount of $63,283.79 and Payroll of June 26, 1981, in the amount of $20,489.40, are approved for payment as audited; including the City Council's concurrance with the award for resurfacing Highland Springs Avenue to All American Asphalt, the City's share of this cost included on the warrant list. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 8. Letter from County of Riverside regarding Highland Springs Resurfacing costs as included on warrant list. Motion concerning this agenda item included in motion for Agenda Item 7. 9. PUBLIC HEARING - For the Purpose of hearing protests to the proposed sale of City -Owned Property. The Public Hearing was opened at 7:40 P.M. No one spoke in protest to the sale of city -owned property described. The Public Hearing was closed at 7:45 P.M. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont authorizes the City Attorney to draw up the proper papers for the sale of these city -owned lots. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 10. PUBLIC HEARING - 8:00 P.M. (Continued from June 22, 1981). Appeal filed by John Mullen of Planning Commission decision re:950 Wellwood. The Public Hearing was re- opened at 7:59 P.M. The report from the Chief Planner concerning the allegations made by Mr. Mullen in his appeal was given by Gary Crofts. Mr. Irish Mitchell addressed the Council in support of Mr. Mullen's appeal. Mr. E. Wayne Simmons, developer of 950 Wellwood, addressed the Council in opposition to Mr. Mullen's appeal. Page 1 Mr. Roger Berg, 1164 Euclid, Beaumont, addressed the Council in opposition to the appeal. Mr. John Mullen, the appellant, addressed the Council again concerning his appeal, and Gary Croft's response. Mr. Red Livingston 1245 Massachusetts, asked for a show of hands, and for a definition of usable open space from the City Planner. The Public Hearing was closed at 8:45 P.M. On Motion by Councilman Blankenship, seconded by Councilman Hammel, the City Council of the City of Beaumont upheld the appeal of Mr. John Mullen, and directs the City Attorney to prepare Resolution No. 1981 -36 indicating findings of fact and the Council's decision. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 11. Proposed Cable TV Franchising Ordinance (Tabled June 8, 1981). On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont implements the recommendation of the City Manager and continues this agenda item until August 24, 1981, for a first reading of the proposed ordinance, with the second reading scheduled for September 14, 1981. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 12. Request from citizens group regarding rent control in the City of Beaumont. This agenda item was continued until the next regularly scheduled Council meeting for receipt of input from the attorney for the citizens group. 13. Opinion of City Attorney concerning protest filed with the City regarding sanitation penalty and rate increase. (Tabled June 8, 1981). On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont denies the protest filed by Mr. Lyman Burhop, and authorizes the City Manager to review the penalty clause. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 14. Request of Mr. Joe Simpkins for adoption of Ordinance by Referendum permitting gambling in the City of Beaumont. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont refers the proposal from Mr. Simpkins for a card room to the City Attorney for a definitive opinion and recommendation to the Council. AYES: Councilmen Blankenship, Shaw, Lowry and Mayor Thompson. NOES: None. ABS: Councilman Hammel. 15. City of Beaumont /Beaumont- Cherry Valley Water District Agreements - Fire Hydrants and Paving. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont adopts the agreements between the City of Beaumont and the Beaumont - Cherry Valley Water District for Fire Hydrants and Paving. Page 2 AYES: Councilman Shaw, Hammel, Lowry and Mayor Thompson. NOES: Councilman Blankenship. ABS: None. 16. Decision on Extension of City Sewer Line on Palm Avenue. On Motion by Councilman Blankenship, seconded by Councilman Shaw, the City Council of the City of Beaumont implements the recommenda- tion of the City Manager to extend the sewer line on Palm Avenue. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 17. Acceptance of Surety Bond for Improvements. On Motion by Councilman Blankenship, seconded by Councilman Hammel, the City Council of the City of Beaumont adopts Resolution No. 1981 -37 to provide for a Letter of Credit in the amount of 110% of the estimated cash value of the improvement. AYES: Councilman Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 18. Authorization for City Attorney to bring action to acquire title to Cherry Avenue. On Motion by Councilman Shaw, seconded by Councilman Blankenship, the City Council of the City of Beaumont authorizes the City Attorney to bring action to acquire title to the developed portion of Cherry Avenue. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 19. Request from Beaumont Chamber of Commerce for transportation adver- tisement (Dial -A -Ride) to be included in Beaumont Community Facts Book. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont authorizes the purchase of an ad- vertisement to be included in the Beaumont Community Facts Book in the amount of $180.00. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 20. RESOLUTION NO. 1981 -31 - Amending Sewer Charges pursuant to Ordinance No. 416 by Amending Resolution No. 1978 -27, Section 516. Motion by Councilman Lowry, seconded by Councilman Hammel, to increase the sewer charge by 35 %. AYES: Councilmen Lowry and Hammel. NOES: Councilmen Blankenship, Shaw and Mayor Thompson. ABS: None. MOTION FAILED. This Agenda Item was continued to the adjourned meeting of July 16, 1981. Prior to adjournment, Mr. Greg Petersen, attorney for the Beaumont Confederation of Police asked that his agenda item be pulled out of order for consideration, since he would not be able to attend the adjourned meeting, or that he be given ten days notice of the date Item No. 34 and Item No. 24 will be heard, and was informed that the meeting would be adjourned until Thursday night for continuation of the agenda, and if necessary, Items No. 24 and 34 would be held Page 3 for a special meeting, or the next regular meeting of the Council, whichever date it is on, and there would be no guarantee anything would be done with either agenda item on Thursday night. Mr. Petersen then stated that he could not be here on Thursday, nor could any members of the union, and if they could not be, he asked that these agenda items be held until at least a special session, or the first thing on the next agenda. Responding to Mayor Thompson's statement that this would probably be a lengthy discussion, Mr. Petersen stated it would not, and could be covered in a few short words, to the effect that it is a meet and confer item, they briefly urge them to adopt one of two alternatives they have offered. Until one has been adopted, they ask that Council take Agenda Item No. 24 off the calendar, because it operates as a rejection of their contract proposal. When it is taken into Executive Session, the Council will make their decision, and they would expect a counter - proposal if the Council decides against it. That is all he would have to say, and this is his argument. The meeting was adjourned until 7:30 P.M., on Thursday, July 16, 1981 for continuation of the agenda beginning with Agenda Item No. 20, at 11:20 P.M. Respectfully submitted, 0. / No /% iii Page 4 BEAUMONT CITY COUNCIL MINUTES OF ADJOURNED MEETING OF July 2, 1981 1. The Beaumont City Council met in an Adjourned Meeting at 7:30 P.M., in the City Council Chambers at the Beaumont Civic Center, on Thursday, July 2, 1981, with Mayor Thompson presiding, the meeting having been adjourned from the Adjourned Meeting of July 1, 1981. 2. On Roll Call the following Councilmen were present: Councilman Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. 3. Continuation of Budget Review. Tacit approval by Council to Accounts No. 040, 041, 042, 043, 051, 053, 054, 055, 057, 059, 060, 080 and 081 as presented was given. Motion by Councilman Lowry, seconded by Councilman Hammel, to approve Account No. 050. AYES: Councilmen Hammel, Lowry and Mayor Thompson. NOES: Councilmen Blankenship and Shaw. ABS: None. Motion by Councilman Lowry, seconded by Councilman Hammel, to approve Account No. 011 as presented. AYES: Councilmen Hammel, Lowry and Mayor Thompson. NOES: Councilmen Blankenship and Shaw. ABS: None. Motion by Councilman Lowry, seconded by Councilman Hammel, that the budget for Fiscal 1981 -82, as amended, be adopted. AYES: Councilmen Shaw, Hammel, Lowry and Mayor Thompson. NOES: Councilman Blankenship. ABS: None. The meeting was adjourned at 10:20 P.M. Respectfully submitted, Deputy City Clerk BEAUMONT CITY COUNCIL MINUTES OF ADJOURNED MEETING OF JULY 1, 1981 1. The Beaumont City Council met in an Adjourned Meeting at 7:35 P.M., in the City Council Chambers at the Beaumont Civic Center, on Wednesday, July 1, 1981, with Mayor Thompson presiding, the meeting having been adjourned from the Adjourned Meeting of June 29, 1981. 2. On Roll Call the following Councilmen were present: Councilman Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. 3. Agreement for Professional Construction Engineering Services between the City of Beaumont and C G Engineering regarding Improvement of Pennsylvania Avenue (FAU- Y432). On Motion by Councilman Hammel, seconded by Councilman Lowry, the City Council of the City of Beaumont approves the agreement for professional construction engineering services between the City of Beaumont and C G Engineering regarding improvement of Pennsylvania Avenue. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. ADD Appointment of Roger Berg to Planning Commission. ITEM 5. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont appoints Roger Berg to the Planning Commission of the City of Beaumont. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 4. Continuation of Budget Review. Tacit Approval by Council of Accounts No. 010, 012, 015, 016, 017, 018, 020, 025 and 030 as presented was given. Motion by Councilman Lowry, seconded by Councilman Hammel to accept Account No. 011• AYES: Councilmen Hammel, Lowry. NOES: Councilmen Blankenship, Shaw and Mayor Thompson. ABS: None. Account No. 011 was deferred until Accounts 012 and 015 are discussed. Motion by Councilman Blankenship to deny the Planning Department budget died for lack of a second. Motion by Councilman Blankenship, seconded by Councilman Shaw, to reject the engineering proposal, Account No. 021, and stay with contractual engineering. AYES: Councilmen Blankenship, Shaw. NOES: Councilmen Hammel, Lowry and Mayor Thompson. ABS: None. The meeting was adjourned until 7:30 P.M., Thursday, July 2, 1981. Respectfully submitted, Deputy City Clerk BEAUMONT CITY COUNCIL MINUTES OF ADJOURNED MEETING OF JUNE 29, 1981 (Adjourned from June 25, 1981) 1. The Beaumont City Council met in an Adjourned Meeting at 7:30 P.M., in the City Council Chambers at the Beaumont Civic Center, on Monday, June 29, 1981, with Mayor Thompson presiding. 2. On Roll Call the following Councilmen were present: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. 3. Resignation of City Clerk. On Motion by Councilman Blankenship, seconded by Councilman Shaw, the City Council of the City of Beaumont accepts the resignation of La Verne Jones as City Clerk. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 4. RESOLUTION NO._1981 -30 - Amending Ordinance No. 333, Section 8 -e. The resolution was read in its entirety by the Deputy City Clerk. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont adopts Resolution No. 1981 -30 amending Ordinance No. 333, Section 8 -e, as read. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 5. Review of Budget - Fiscal Year 1981 -82. Discussion concerning the proposed Fiscal Year 1981 -82 budget continued between the City Council, City Manager and Department Heads. The meeting was adjourned to 7:30 P.M. on Wednesday, July 1, 1981, in the City Council Chambers, at 10:07 P.M. Respectfully submitted, "J Deputy City er Page 1 BEAUMONT CITY COUNCIL MINUTES OF ADJOURNED MEETING OF JUNE 25, 1981 (Adjourned from June 22, 1981) 1. The Beaumont City Council met in an Adjourned Meeting at 7:40 P.M., in the City Council Chambers at the Beaumont Civic Center, on Thursday, June 25, 1981, with Mayor Thompson presiding. 2. Being an adjourned meeting the Pledge of Allegiance was dispensed with. 3. 4. 5. 0 On Roll Call the following Councilmen were present: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. Reconsideration of Insurance Program for the City of Beaumont. On Motion by Councilman Hammel, seconded by Councilman Lowry, the City Council of the City of Beaumont approves Plan No. 3, Limited Self - Insurance., with Canadian Indemnity Co., and directs the City Manager to make the necessary arrangements. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. URGENCY ORDINANCE NO. 530 - Amending Ordinances 487, 488, 501, 502 anU '5T+`-Fy-- esa'UIi.s i.ng certain Permit Fee schedules. This agenda item was heard out of sequence. On Motion by Councilman Blankenship, seconded by Councilman Shaw, the City Council of the City of Beaumont adopts Urgency Ordinance No. 530 amending Ordinances 487, 488, 501, 502 and 524 by estab- lishing certain Permit Fee schedules, by title only. The Ordinance was read by title only by the Deputy City Clerk. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. URGENCY ORDINANCE NO. 531 - Amending Ordinance No. 333 providing update ofsusiness license fee schedules. On Motion by Councilman Shaw, seconded by Councilman Blankenship, the City Council of the City of Beaumont adopts Urgency Ordinance No. 531 amending Ordinance No. 333 providing update of business license fee schedules. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 7. URGENCY ORDINANCE NO. 532 - Amending Ordinance No. 440 providing update oF--ee sc e u -es For vending machines dispensing tangible personal property and to add vending machines dispensing intangible personal property. On Motion by Councilman Shaw, seconded by Councilman Blankenship, the City Council of the City of Beaumont adopts Urgency Ordinance No. 532 providing update of fee schedules for vending machines dispensing tangible personal property and to add vending machines dispensing intangible personal property . AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. Page 1 8. RESOLUTION NO. 1981 -29 - Change of Zone No. 1004 - Applicant: Baldi Bros. onstructi n Co. Decision. On Motion by Councilman Blankenship, seconded by Councilman Shaw, the City Ciuncil of the City of Beaumont adopts Resolution No. 1981 -29 approving the application for Change of Zone No. 1004 and amending the Official Zoning Map of the City of Beaumont, by title only. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry. NOES: None. ABSTAIN:Mayor Thompson. 9. Budget Review - Fiscal Year 1981 -82. Mayor Thompson announced this is to be a preliminary review of the proposed budget and discussion of the proposed budget followed. The meeting was adjourned until 7:30 P.M., Monday, June 29, 1981, in the City Council Chambers, at 10:15 P.M. Respectfully submitted, i eputy ity er Page 2 BEAUMONT CITY COUNCIL MINUTES OF JUNE 22, 1981 1. The Beaumont City Council met in a Regular Meeting at 7:37 P.M., in the City Council Chambers at the Beaumont Civic Center, on Monday, June 22, 1981, with Mayor Thompson presiding. 2. The Pledge of Allegiance to the Flag was led by Councilman Blankenship. 3. A moment of silent prayer was observed in place of the invocation. 4. On Roll Call the following Councilmen were present: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. 5. There being no deletions, additions or corrections, the Minutes of Regular Meeting of June 8, 1981, stand approved as submitted. 6. There being no objections, the Minutes of Regular Planning Commission Meeting of June 2, 1981, were accepted as presented. 7. On Motion by Councilman Shaw, seconded by Councilman Lowry, Warrants as audited per Warrant List of June 22, 1981, in the amount of $94,219.20 and Payroll of June 12, 1981, in the amount of $19,904.31, are approved for payment as audited. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 8, URGENCY ORDINANCE N0. 524 - Amending Ordinance No. 490 Relating to oning. On Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council of the City of Beaumont adopts Urgency Ordinance No. 524 Amending Ordinance No. 490 relating to zoning, with corrections as directed. The Ordinance was read in its entirety. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 9. PUBLIC HEARING - Appeal filed by John Mullen of Planning Commission Decision oe: Site Plan Approval, 950 Wellwood Avenue. The Public Hearing was opened at 8:05 P.M. Mr. Gary Crofts, Chief Planner for the City of Beaumont, addressed the Council concerning the Planning Department's recommendation for approval, and read the conditions of approval as submitted by the Planning Department. Proponents of the appeal addressing the Council were: Mr. John Mullen, 962 Wellwood; Mr. Irish Mitchell, 1299 Pennsylvania Avenue, Mr. Steve Swenson, 951 California Avenue and Mr. Harris Mourning, 937 Wellwood Avenue. No opponents to the appeal requested to address the Council. The Public Hearing was continued to 8:00 P.M. on Monday, July 13, 1981, for receipt of report from the Planning Department in response to the appeal. 10. PUBLIC HEARING - Change of Zone No. 1004 - Applicant: Baldi Bros. Construction. Public Hearing was opened at 9:00 P.M. Mayor Thompson announced he would abstain from voting on this matter due to a possible conflict of interest in that his daughter is married to one of the Baldi sons. Page 1 Proponents of the zone change addressing the Council were: Mr. Manny Baldi; Mr. Bill Gabel, engineer for Baldi Bros. Construction; Opponents of the zone change addressing the Council were: Mr. Bob Young, 39 California Avenue; Mr. Dennis Duranso, 10 California Avenue; Mrs. Deborah Young, 39 California Avenue. Let the record show there were seven opponents present in the audience. Let the record show there were eight proponents present in the audience. The Public Hearing was closed at 9:40 P.M. The Council will exercise its discretionary power to study the matter and render a decision within the forty days allowed under Ordinance No. 490. 11. RESOLUTION NO. 1981 -26 - Supporting Ratification of the Peripheral Canal Re±erendum. On Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council of the City of Beaumont adopts Resolution No. 1981 -26, support - ting ratification of the Peripheral Canal Referendum, by title only. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 12. RESOLUTION NO. 1981 -27 - Finding that the Public Interest and onvenlence equire t e Sale of Certain Real Property; Fixing a Time for Hearing of Protests to the Sale; Providing for the Publication of the Notice of Hearing; Fixing the Time Final Action Will be Taken. On Motion by Councilman Shaw, seconded by Councilman Blankenship, the City Council of the City of Beaumont adopts Resolution No. 1981 -27 by title only, setting the date of July 13, 1981, at 7:30 P.M. as the date for hearing of protests. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 13. RESOLUTION NO. 1981 -28 - Amending Ordinance No. 492 Establishing the e for t-FE icensing of Dogs. On Motion by Councilman Blankenship, seconded by Councilman Shaw, the City Council of the City of Beaumont adopts Resolution No. 1981 -28 amending Ordinance No. 492 establishing the fee for the licensing of dogs as $7.00 for unaltered animals, $4.00 for altered animals and a $1.00 per animal administrative charge to be collected for licenses sold anywhere outside the City Clerk's office. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 14. Agreement between the City of Beaumont and the County of Riverside setting forth the Requirements, Conditions and Applicable Charges for the Collection of Taxes, the Collection of Special Assessments, and the Provision of Certain Financial Services by the County. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 15. AMENDMENT TO ORDINANCE NO. 333 - Providing Update on Business License Fee Sc e u e. On Motion by Councilman Shaw, seconded by Councilman Blankenship, the City Council of the City of Beaumont authorizes amendment to Ordinance No. 333 providing update on business license fee schedule, with changes as directed. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. Page 2 16. AMENDMENT TO ORDINANCE NO. 440 - Providing Update of Fee Schedules for en ing ac ines ispensing Tangible Personal Property and to Add Vending Machines Dispensing Intangible Personal Property. On Motion by Councilman Blankenship, seconded by Councilman Shaw, the City Council of the City of Beaumont authorizes amendment to Ordinance No. 440 as recommended. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 17. Reconsideration of Insurance Program for the City of Beaumont. Tabled for further study. 18. Designation of City Official to Sign Verifications Pertaining to Lawsuit. On Motion by Councilman Blankenship, seconded by Councilman Shaw, the City Council of the City of Beaumont designates City Manager Norman Davis as the City Official to sign verifications pertaining to lawsuits. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 19. Designating Friday, July 3 as City Holiday in Observance of the 4th of July, Independence Day. On Motion by Councilman Blankenship, seconded by Councilman Shaw, the City Council of the City of Beaumont designates Friday, July 3 as a City Holiday in Observance of the 4th of July. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 21. Set Date for Hearing of Appeal of Planning Commission Decision re: Denial of Conditional Use Permit for Eagles Lodge. Recommended date for hearing August 10, 1981. On Motion by Councilman Blankenship, seconded by Councilman Shaw, the City Council of the City of Beaumont sets the date of August 10, 1981 as the date of Public Hearing of appeal filed by the Eagles Lodge. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. The meeting was adjourned at 10:10 for a short recess. The meeting was reconvened at 10:20 P.M. 20. ORAL COMMUNICATION: a. Mr. Joe Ryan addressed the Council on behalf of the Beaumont Swap Meet protesting the no parking designated in front of this business at 1501 East Sixth Street. The Council acknowledged the protest, and will give it con- sideration, with an answer to be given within a reasonable time. b. Ms. Lillian Haslam, 8302 California, addressed the Council con- cerning a nuisance she is experiencing at her place of residence. c. Ms. Elanor Flores, 549 East 9th Street, and other members of a citizens group, addressed the Council concerning alleged police harrassment, in particular an incident which occurred last week involving Dominic Robolino and Steve Morales. Page 3 The Mayor announced the matter would be given further considera- tion by the Council. The meeting was adjourned until 7:30 P.M., Wednesday, June 25, 1981, in the City Council Chambers. Respectfully submitted, LA VERNE JONEY City Clerk Page 4 BEAUMONT CITY COUNCIL MINUTES OF JUNE 8, 1981 The Beaumont City Council met in a Regular Meeting at 7:41 P.M., in the City Council Chambers at the Beaumont Civic Center, on Monday, June 8, 1981, with Mayor Thompson presiding. The Pledge of Allegiance to the Flag was led by Councilman Shaw and the invocation was given by Reverand W. W. Brewer. On Roll Call the following Councilmen were present: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. 5. There being no deletions, additions or corrections, the Minutes of Adjourned Meeting of May 12, 1981 and Regular Meeting of May 26, 1981 were filed as presented. 6. There being no objections, the Minutes of Regular Planning Commission Meeting of May 19, 1981 were accepted as presented. 7. Change of Zone No. 1004 - Applicant: Baldi Bros. Construction. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont, by Minute Order, sets the date of June 22, 1981, at 8:00 P.M., for Public Hearing of Change of Zone Application No. 1004, and directs the City Clerk to proceed with notice. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 8. On Motion by Councilman Shaw, seconded by Councilman Lowry, Warrants as audited per Warrant List of June 8, 1981, in the amount of $48,067.50, and Payroll of May 29, 1981, in the amount of $21,855.94, are approved for payment as audited. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 9. Communication from Riverside County regarding Request from Beaumont High School for Installation of Street Light at Beaumont Avenue and Cougar Way. 10. Release of Bond on Property at 826 Maple. 11. Fee - Exempt Permit for Active 20 -30 Club to Hold Cherry Festival and Parade June 10 through June 14, 1981. On Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council of the City of Beaumont authorizes the Public Works Depart- ment to order a reflectorized street sign denoting Cougar Way, and further directs the City Manager to request the County of Riverside to place a similar sign on the County side of the road; authorizes the City Manager to sign a release of the bond on property at 826 Maple; and approves a fee - exempt permit for the Active 20 -30 Club to hold the Cherry Festival and Parade June 10 through June 14, 1981. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 12. Curb Marking for No Parking at 1501 East Sixth Street. On Motion by Councilman Hammel, seconded by Councilman Blankenship, the City Council of the City of Beaumont declares a no parking zone on the south side of Sixth Street only adjacent to the Beaumont Swap Meet and directs that this be included in Resolution No. 1981 -23, as recommended by the City Manager. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry. NOES: Mayor Thompson. ABS: None. Page 1 13. 14. 15. 16 . 17. Cable Television Franchising. On Motion by Councilman Blankenship, seconded by Councilman Shaw, the City Council of the City of Beaumont tables this agenda item for a period of thirty days to allow the City Attorney time to prepare an addendum to Ordinance 402, taking into consideration the 5% figure, and including the regulatory suggestions and defini- tions. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. Approval of Contract with Beland /Associates, Inc. for General Plan Update. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont approves the contract with Beland /Associates, Inc. for General Plan Update. AYES: Councilmen Shaw, Hammel, Lowry and Mayor Thompson. NOES: Councilman Blankenship. ABS: None. RESOLUTION NO. 1981 -22 - Acceptance of Grant of Easement from Beaumont Poultry Processors. On Motion by Councilman Shaw, seconded by Councilman Blankenship, the City Council of the City of Beaumont adopts Resolution No. 1981 -22 accepting Grant of Easement from Beaumont Poultry Processors. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. Recommendation on Purchase of Street Sweeper. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont authorizes the City Manager to pursue the purchase of this street sweeper on a three year lease basis, contingent upon the City Attorney saying it is permissible to buy this on a lease without going out to bid. AYES: Councilmen Shaw, Hammel, Lowry and Mayor Thompson. NOES: Councilman Blankenship. ABS: None. Service Agreement with the County of Riverside for Street Maintenance. Motion by Councilman Lowry, seconded by Councilman Hammel, for the City of Beaumont to accept the Service Agreement with the County of Riverside for Street Maintenance. AYES: Councilmen Hammel and Lowry. NOES: Councilmen Blankenship, Shaw and Mayor Thompson. ABS: None. MOTION FAILED. Reservation of Capacity in Lift Station Line for Commercial Use. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont decrees that 50,000 gallons per day of plant capacity be reserved in tYe City's Sewer Treatment Plant for the users of the Highland Springs Lift Station line. Services be issued on a first -come, first- served basis. That such service application be limited to a maximum of fifty (50) fixture units per service. (Fixture Unit is a defined capacity as proclaimed in the Uniform Plumbing Code). That no residential hook -ups be permitted with the exception of existing residential units which may lie adjacent to the line and are within the City Limits. AYES: Councilmen Shaw, Hammel, Lowry and Mayor Thompson. NOES: Councilmen Blankenship. ABS: None. Page 2 19. The City Clerk was directed to file the reports concerning Grant Projects. 20. Amendment No. 2 to Contract with Hicks and Hartwick for Lift Station Project. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont approves Amendment No. 2 to Contract with Hicks and Hartwick for Lift Station Project. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 21. City of Beaumont /County of Riverside Transportation Agreement. On Motion by Councilman Shaw, seconded by Councilman Blankenship, the City Council of the City of Beaumont approves the City of Beaumont/ County of Riverside Transportation Agreement. AYES: Councilmen Blankenship, Shaw and Mayor Thompson. NOES: Councilmen Hammel and Lowry. ABS: None. On Motion by Councilman Shaw, seconded by Councilman Blankenship, for clarification, the City Manager's recommendations shall be incorporated in the agreement on Page 2, lines 19, 20 and 22. AYES: Councilmen Blankenship, Shaw, Lowry and Mayor Thompson. NOES: Councilman Hammel. ABS: None. 22. Report from City Attorney Concerning Protest Filed with City Regarding Sanitation Penalties and Rate Increase. Tabled until June 22, 1981 for receipt of report from City Attorney. 23. ORAL COMMUNICATION: Mrs. Patricia Renna read from a prepared statement regarding her request for an investigation of Chief Bridges. Motion by Councilman Blankenship for investigation of Chief of Police by a neutral investigator died for lack of a second. 24. Report on Request of Mrs. Renna for Investigation of Chief of Police (continued from May 26, 1981). The City Manager read his report to the City Council. 25. Report from City Attorney Regarding Proposed Rent Control (tabled at meeting of May 26, 1981). Tabled until regular meeting of July 13, 1981 for further informa- tion to be submitted by attorney for mobile homeowners group. 26. RESOLUTION NO. 1981 -24 - Urging the Support of Assembly Bill 1981 Concerning the outh Coast Quality Management District Board of Directors. 27. Expression of Concern about State Legislative Bills SB 102 and AB 251. 28. RESOLUTION NO. 1981 -25 - Authorizing Norman Davis to execute for and on behalf of the City of Beaumont applications for the purpose of obtaining certain Federal financial assistance under the Disaster Relief Act. On Motion by Councilman Blankenship, seconded by Councilman Shaw, the City Council of the City of Beaumont adopts Resolution No. 1981- 24 and Resolution No. 1981 -25; and directs the City Manager to write an expression of concern about State Legislative Bills SB 102 and AB 251. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. Page 3 39. Contract Agreement with Beaumont - Cherry Valley Park and Recreation District. On Motion by Councilman Blankenship, seconded by Councilman Shaw, the City Council of the City of Beaumont approves the Contract Agreement with Beaumont - Cherry Valley Park and Recreation District with the following amendments: 1. Page 2, Paragraph 6: City to be named as additional insured. 2. Payment amount to be changed to $1,000.00 cash, and $750.00 in labor and materials. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 30. Appraisal of City -Owned Property by Jack Taylor. On Motion by Councilman Blankenship, seconded by Councilman Shaw, the City Council of the City of Beaumont accepts the appraisal of Jack Taylor for the two lots. AYES: Councilmen Blankenship, Shaw, Mayor Thompson. NOES: Councilmen Hammel and Lowry. ABS: None. On Motion by Councilman Blankenship, seconded by Councilman Shaw, the City Council of the City of Beaumont will offer these two lots for sale with a minimum bid of the appraised price, and instruct the attorney to draw up the necessary papers for sale by sealed bid, and productive bid for the next regularly scheduled meeting. AYES: Councilmen Blankenship, Shaw, Lowry and Mayor Thompson. NOES: Councilman Hammel. ABS: None. ADD Request to employ secretary in Planning and Building Department to ITEM be paid from the City Manager's budget. 31. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont approves the employment of a secretary for the Planning and Building Department to be paid from the City Manager's budget for the balance of this fiscal year. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. There being no further business to come before the Council, the meeting was adjourned at 10:17 P.M. Respectfully submitted, LA VERNE JONES, City Clerk Page 4 BEAUMONT CITY COUNCIL MINUTES OF MAY 26, 1981 The Beaumont City Council met in a Regular Meeting at 7:42 P.M., in the City Council Chambers at the Beaumont Civic Center, on Tuesday, May 26, 1981, with Mayor Thompson presiding. The Pledge of Allegiance to the flag was led by Councilman Blankenship, and the Invocation was given Reverand Gordon Hill. On Roll Call the following Councilmen were present: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. 5. On Motion by Councilman Lowry, seconded by Councilman Shaw, the Minutes of Regular Meeting of May 11, 1981 were approved as published. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 6. On Motion by Councilman Lowry, seconded by Councilman Hammel, the Minutes of Planning Commission Meeting of May 5, 1981 were accepted as published. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 21. Taken out of Sequence. Approval of Item 2.a of Planning Commission Minutes of March 12, 1981, concerning building addition of Dr. Randhawa. On Motion by Councilman Lowry, seconded by Councilman Shaw, Item 2.a of Planning Commission Minutes of March 12, 1981, concerning building addition of Dr. Randhawa, were accepted as presented. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None ABS: None. 7. On Motion by Councilman Shaw, seconded by Councilman Blankenship, Warrants as audited per Warrant List of May 26, 1981, in the amount of $180,853.85; and Payroll of May 15, 1981, in the amount of $23,054.04, are approved for payment. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None ABS: None. 8. RESOLUTION NO. 1981 -18 - Authorizing Chief Bridges as the City's Representative to Acquire Federal Surplus Property from the California State Agency for Surplus Property. 9. RESOLUTION NO. 1981 -19 - Setting Forth an Appropriations Limit for FY 81 -82 Consistent with Article XIIIB of the California Constitu- tion and Giving Notice of the Availability of Information Supporting Said Determination. On Motion by Councilman Blankenship, seconded by Councilman Shaw, the City Council of the City of Beaumont adopts Resolution No. 1981- 18 and Resolution No. 1981 -19. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None ABS: None. 10. Request from Beaumont Unified School District for Installation of Street Light at Beaumont Avenue and Cougar Way (Tabled on May 11, 1981). On Motion by Councilman Shaw, seconded by Councilman Hammel, this agenda item is tabled until June 8, 1981. Page 1 10. (Continued) AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None ABS: None. 11. Curb Markings for No Parking (tabled on May 11, 1981). On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont approves painting of the curbs for no parking 60 feet on the Northern Side and 30 feet on the Southern side at the Valley View Mobile Home Park on Cherry Avenue at the entrance by adoption of Resolution No. 1981 -23. Only that portion affecting the Cherry Avenue location. The Swap Meet location will be held for more information. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None ABS: None. 12. City Approval of Agreement to Use CETA Personnel, Transfer from Title IID or VIto IIB Program, with Authorization for City Manager to sign Agreement. On Motion by Councilman Hammel, seconded by Councilman Shaw, the City Council of the City of Beaumont approves Agreement to use CETA Personnel, and authorizes the City Manager to sign this Agreement. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None ABS: None. 13. Cooperative Improvement of Highland Springs Road, 6th Street to Freeway, with the County of Riverside. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont authorizes the City Manager to enter into an Agreement with the County of Riverside for cooperative im- provement of Highland Springs Road, 6th Street to the Freeway. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None ABS: None. 14. Report - Findings and Recommendations Regarding Claim of Project Management. On Motion by Councilman Hammel, seconded by Councilman Lowry, the City Council of the City of Beaumont rejects the claim of Project Management Company. AYES: Councilmen Hammel, Lowry and Mayor Thompson. NOES: Councilman Blankenship. ABSTAIN: Councilman Shaw. 15. Request from Citizens Group regarding Rent Control in the City of Beaumont (tabled at request of citizens for further input from their group). On Motion by Councilman Hammel, seconded by Councilman Shaw, this request for rent control is referred back to the City Attorney for further study. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None ABS: None. 16. ORDINANCE NO. 525 - Urgency Ordinance - Controlled Growth. Motion by Councilman Lowry, seconded by Councilman Hammel, to adopt Urgency Ordinance No. 525. AYES: Councilman Hammel, Lowry and Mayor Thompson. NOES: Councilmen Blankenship and Shaw. ABS: None. Page 2 16. (Continued) Motion failed due to lack of 4/5 majority. Motion by Councilman Lowry, seconded by Councilman Hammel, to reconsider Agenda Item No. 16, Urgency Ordinance No. 525, for a period of six months rather than eighteen months. Motion Withdrawn. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont adopts Urgency Ordinance No. 525 for a duration of six months. AYES: Councilmen Shaw, Hammel, Lowry, Mayor Thompson. NOES: Councilman Blankenship. ABS: None. Motion Carried. 17. ORDINANCE NO. 527 - SECOND READING - Providing for Procedures for the Purchase of Supplies and Equipment and Providing for a Purchasing System and Purchasing Department. On Motion by Councilman Hammel, seconded by Councilman Lowry, the City Council of the City of Beaumont adopts Ordinance No. 527 at its second reading by title only. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None ABS: None. 18. ORDINANCE NO. 529 - FIRST READING. This agenda item was tabled until June 8, 1981 for further research by the City Attorney. 22. RESOLUTION NO. 1981 -20 - Regarding the Disability of Thomas L. Nelson, Social Security No. 563 -46 -2040, and Repealing Resolution No. 1981 -3. 23. RESOLUTION NO. 1981 -21- Adopting Citizen Particpation Plan for Community Development Block Grant. 24. Selection of Council Representative to Attend Farewell Festivities for Milo Johnson, Superintendent /President of Mt. San Jacinto College. On Motion by Councilman Blankenship, seconded by Councilman Hammel, the City Council of the City of Beaumont adopts Resolution No. 1981 -21 and Resolution No. 1981 -22, and names Councilman Fred Shaw and Councilman Jack Blankenship to represent the City of Beaumont at the retirement cermonies for Milo Johnson. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None ABS: None. 25. On Motion by Councilman Lowry, seconded by Councilman Blankenship, the City Council adjourned to an Executive Session for Personnel Reasons at 10:03 P.M. On Motion by Councilman Lowry, seconded by Councilman Blankenship, the City Council reconvened to Regular Session at 10:46 P.M. Let the record show on Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council terminated the administrative leave of Officer John Hackm n and directed that he be returned to duty in a non - driving capacity pending further examination by the Loma Linda Ophthalmologist. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None ABS: None. Page 3 26. Council Decision regarding Fire Plugs for Chestnut Avenue. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont approves the installation of twelve fire hydrants on Chestnut Avenue to be approved as to location by the City Manager and the Fire Chief. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None ABS: None. 27. Appeal by John Mullen of Planning Commission Decision in re: Site Plan Approval, 950 Wellwood, E. Wayne Simmons. Council directed the City Clerk to have published in a newspaper of general circulation a notice of Public Hearing of this appeal, on date set for public hearing of June 22, 1981, at 8:00 P.M. in compliance with the requirements of the Government Code. Agenda Items No. 19 and 20 are carried over until the next Regular Meeting. On Motion by Councilman Lowry, seconded by Councilman Hammel, the meeting was adjourned at 10:55 P.M. Respectfully submitted, c Deputy City Clerk Page 4 BEAUMONT CITY COUNCIL MINUTES OF ADJOURNED MEETING OF MAY 12, 1981 (Adjourned from May 11, 1981) The Beaumont City Council met in an Adjourned Meeting at 7:32 P.M., on Tuesday, May 12, 1981, in the City Council Chambers at the Beaumont Civic Center, with Mayor Thompson presiding. On Roll Call the following Councilmen were present: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. Being adjourned from May 11, 1981, this meeting begins with Item No. 19 of Agenda for Regular Meeting of May 11, 1981. 19. At the meeting of May 11, 1981, Agenda Item No. 25 was redesignated Agenda Item No. 19 with the previously designated Item No. 19 being heard as Item No. 25. On Motion by Councilman Shaw, seconded by Councilman Blankenship, this agenda item is continued until Tuesday, May 26, 1981, at the request of the citizens group. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 19. Mayor Thompson announced that Agenda Item 19 would now be heard as Item No. 19 in its regular sequence. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont accepts Mr. Mitchell's request for his attorney and the City Attorney to confer further and come back to the Council with additional information. AYES: Councilmen Blankenship, Shaw, Hammel and Lowry. NOES: Mayor Thompson. ABS: None. 20. Mrs. Patricia Renna addressed the Council concerning the petition she presented to the Council at their last meeting. Mayor Thompson quoted from the Penal Code stating anything concerning peace officers has to be done in private session. A meeting between Mrs. Renna, Councilmen Blankenship and Lowry and the City Manager was set for May 14, 1981 at 8:30 A.M. 21. Motion by Councilman Lowry, seconded by Councilman Hammel, to hire both appraisers, and take the highest appraisal, including the cost of the appraiser in the selling price. AYES: Councilmen Hammel and Lowry. NOES: Councilmen Blankenship, Shaw, Mayor Thompson. ABS: None. Motion did not Carry. Motion by Councilman Blankenship, seconded by Councilman Shaw, to accept the proposal by Mr. Jack Taylor, MIA certified appraiser, in the amount of $150.00. AYES: Councilman Blankenship, Shaw, Lowry, Mayor Thompson. NOES: Councilman Hammel. ABS: None. 22. Motion by Councilman Lowry, seconded by Councilman Hammel, to table this agenda item for further study. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. Page 1 23. Motion by Councilman Hammel for the City Manager and Dick Haddock to renegotiate the contract until June 30, 1981, at which time the contract will be rewritten to the City Manager's satisfaction, died for lack of a second. On Motion by Councilman Lowry, seconded by Councilman Blankenship, the City Council of the City of Beaumont directs, by Minute Order, that no City vehicle is to leave the immediate Beaumont area, except on authorized City business. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 24. On Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council of the City of Beaumont allows Parks and Recreation District to file, on behalf of the City, a request to receive the additional grant money totaling $1,728,00, and use approxi- mately $500.00 to refinish the gym floor, and the balance to be utilized to complete the handicap requirements for the rest rooms. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 25. This agenda item was redesignated as Agenda Item No. 19, and heard out of sequence. 26. On Motion by Councilman Blankenship, seconded by Councilman Shaw, the City Council of the City of Beaumont approves the Application, Permit Forms and Fee Schedule, and the Street Excavation Replace- ment Standards for the City of Beaumont, with additions as made by the City Manager. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 27. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont enters into agreement with the Beaumont - Cherry Valley Water District regarding the use of water meters to check City's water use. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 28. On Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council of the City of Beaumont accepts the proposed redesign of the Lift Station on the Highland Springs /6th Street Project by Hicks and Hartwick. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 29. This Agenda Item was heard out of sequence. This proposed Urgency Ordinance was read in its entirety by the City Manager, as well as the recommended policy statement. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont adopts Urgency Ordinance No. 525, with the following changes: Section II, Paragraph 1. Delete the words . "nor any permit for commercial or industrial development ". Page 2 29. (Continued) Section II, Paragraph 2.b Add the words "shall not exceed 30 units in any one year ". AYES: Councilmen Hammel, Lowry and Mayor Thompson. NOES: Councilmen Blankenship and Shaw. ABS: None. On Motion by Councilman Blankenship, seconded by Councilman Lowry, the City Council of the City of Beaumont adopts a Minute Order expressing the following Policy Statement: The cost of "package plant" or other type development to serve a project on newly annexed lands be contributed to the City and that the City publicly indicates that it will use its present approximate one (1) million dollar fund in conjunction with these "contributed" funds to build a new plant at a site that would be capable of easy expansion, and would thus serve the community into the future. The Council further directs the City Manager to report to them in the near future on alternatives for sewer plant development so that planning may be implemented. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry, Mayor Thompson. NOES: None. ABS: None. 30. On Motion by Councilman Blankenship, seconded by Councilman Lowry, the City Council of the City of Beaumont authorizes the City Manager to execute a Lease Agreement for the Copy Machine on behalf of the City of Beaumont with Cal -West Leasing Company. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry, Mayor Thompson. NOES: None. ABS: None. 32. This Agenda Item was heard out of sequence. On Motion by Councilman Blankenship, seconded by Councilman Lowry, the City Council of the City of Beaumont adopts Planning Commission Resolution No. PC81 -4 establishing a moratorium for accepting new applications in the Planning Department. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry, Mayor Thompson. NOES: None. ABS: None. 11. This Agenda Item was heard out of sequence. Mr. Gregory Peterson, representing twenty police officers, addressed the Council, and discussion followed. The City Manager was directed to contact the City Attorney to confirm the City's position. On Motion by Councilman Lowry, seconded by Councilman Shaw, the meeting was adjourned at 11:43 P.M. Respectfully submitted, 15eputy Page 3 BEAUMONT CITY COUNCIL MINUTES OF MAY 11, 1981 1. The Beaumont City Council met in a Regular Meeting at 7:41 P.M., in the City Council Chambers at the Beaumont Civic Center, on Monday, May 11, 1981, with Mayor Thompson presiding. 2. The Pledge of Allegiance to the Flag was led by Councilman Blankenship. 3. The Invocation was given by Father John Domas. 4. On Roll Call the following Councilmen were present: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. 5. On Motion by Councilman Hammel, seconded by Councilman Lowry, the minutes of Regular Meeting of April 27, 1981 and Adjourned Meeting of April 28, 1981 (adjourned from April 27) were approved as pub- lished. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 6. On Motion by Councilman Blankenship, seconded by Councilman Hammel, the minutes of Planning Commission meeting of April 21, 1981 are accepted as presented. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 7. On Motion by Councilman Shaw, seconded by Councilman Blankenship, Warrants as audited per Warrant List of May 11, 1981, in the amount of $43,791.61 and payroll of May 1, 1981, in the amount of $20,615.66, are approved for payment. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 8. On Motion by Councilman Hammel, seconded by Councilman Shaw, the City Council of the City of Beaumont adopts RESOLUTION NO. 1981 -17 setting forth an appropriations limit for FY80 -81 consistent with Article XIII B of the California Constitution and Giving notice of the availability of information supporting said determination, by title only AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 9. On Motion by Councilman Shaw, seconded by Councilman Blankenship, the City Council of the City of Beaumont amends Ordinance 222 for the purpose of removing the provisions for annual renewal of the City's inspection fee by deletion of the last three sentences of Section 5. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 10. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont renews the Agreement for Fire Pro- tection Services between the County of Riverside and the City of Beaumont for the period of one year. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 11. After discussion from Greg Peters, representing the POA, this agenda item was tabled until the adjourned meeting of May 12, 1981, Mr. Peters filed the resignations of twenty police officers from PERC with the City Clerk. Page 1 12. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont rejects the bid received for a Sewer Rodder Machine. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 13. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont authorizes the Mayor to poll the Council to see who could attend these meetings as alternate representatives. AYES: Councilmen Blankenship, Hammel, Lowry. NOES: Councilman Shaw, Mayor Thompson. ABS: None. 14. ORDINANCE NO. 527 FIRST READING: Providing for Procedures for the Purchase of Supplies and Equipment and Providing for a Purchasing System and Purchasing Department. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont approves Ordinance No. 527 for its first reading with the addition to Section 3 on line 2 following "administered by the City Manager" the statement "or any such person as he may designate ". . ., by title only. The Ordinance was read by title only by the City Clerk. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 15. URGENCY ORDINANCE NO. 528 - Providing for the adoption by reference of the "International Conference of Building Officials and Western Fire Chief's Association Uniform Fire Code, 1979 Edition" as the Uniform Fire Code of the City of Beaumont and providing penalties for the violation thereof; or adoption of the County of Riverside Ordinance No. 546 providing for fire protection regulations as requested by the Riverside County Fire Department. On Motion by Councilman Shaw, seconded by Councilman Blankenship, the City Council of the City of Beaumont adopts Urgency Ordinance No. 528 by title only, and adopts the County of Riverside Ordinance No. 546 by reference AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 16. On Motion by Councilman Blankenship, seconded by Councilman Hammel, the City Council of the City of Beaumont directs that the City Bed Tax be used for City Promotion Only controlled by the City Manager. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 1.7. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont accepts the recommendation of the City Manager to renew the lease for the Beaumont Unified School District as stated in his recommendation. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 18. Request from Beaumont Unified School District for Installation of Street Light at Beaumont Avenue and Cougar Way was tabled for further research by the City Manager until the next regular meeting, Tuesday, May 26, 1981. 25. This Agenda Item was heard out of sequence, and redesignated Agenda 19. Item No. 19. Page 2 Proponents for the Rent Control Ordinance were heard by the Council. Mr. Peter Piasecki, representing one of the mobile home park owners, was recognized by the Chair. This agenda item was tabled until the next regular council meeting;. 31. This Agenda Item was heard out of sequence. On Motion by Councilman Blankenship, seconded by Councilman Lowry, the City Council of the City of Beaumont places the City's insurance program with Curtis - Keiley, Inc., with no deductibles, and cancels the present program with Robert Berens Insurance Services. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. This meeting was adjourned to May 12, 1981, at 7:30 P.M., at which time Agenda Items 11 and 19 through 30 inclusive will be heard. Respectfully submitted, tX11 LA VERNE JONES, City Clerk' Page 3 BEAUMONT CITY COUNCIL MINUTES OF ADJOURNED MEETING OF MARCH 30, 1981 (ADJOURNED FROM MARCH 27, 1981) The Beaumont City Council met in an Adjourned Meeting at 7:31 P.M., in the City Manager's Conference Room at the Beaumont Civic Center, on Monday, March 30, 1981, with Mayor Thompson presiding. A -1: CALL TO ORDER: The Pledge of Allegiance and Invocation were dispensed with. On Roll Call the following Councilmen were present: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. A -2: On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont adjourned to Executive Session for Continued Evaluation of City Manager Applicants at 7:32 P.M. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. A -3: On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont reconvened to Regular Session at 10:52 P.M. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. A -4: Announcement to Public of Action taken in Executive Session. Let the record show the following action: On Motion by Councilman Blankenship, seconded by Councilman Shaw, the City Council of the City of Beaumont selected the following applicants in the order set forth: 1. Leo Fancy 2. Albert St. Cyr 3. Norman Davis AYES: Councilmen Blankenship, Shaw and Mayor Thompson. NOES: Councilmen Hammel and Lowry. ABS: None. On Motion by Councilman Lowry, seconded by Councilman Hammel, the meeting was adjourned at 11:10 P.M. Respectfully submitted, X B. Thompson, BEAUMONT CITY COUNCIL MINUTES OF ADJOURNED MEETING OF APRIL 28, 1981 (Adjourned from April 27, 1981) The Beaumont City Council met in an Adjourned Meeting at 7:00 P.M. on Tuesday, April 28, 1981, in the City Council Chambers at the Beaumont Civic Center, with Mayor Thompson presiding. On Roll Call the following Councilmen were present: Councilman Blankenship, Councilman Hammel, Mayor Thompson. Councilmen Lowry and Shaw were absent. Being adjourned from April 27, this meeting begins with Item No. 20 of Agenda for Regular Meeting of April 27, 1981. A -20: Discussion from the Council, the City Manager and Members of the audience, both in favor of and opposing the moratorium, were heard. Motion by Councilman Hammel to extend the moratorium with a limited development, or write a new ordinance for controlled growth,died for lack of a second. On Motion by Mayor Thompson, seconded by Councilman Hammel, the City Council instructs the City Attorney to prepare a proposed ordinance for controlled growth, using the guidelines set forth in the recommendation by the City Manager dated April 21, 1981, and present it for the consideration of the full Council. AYES: Councilman Hammel and Mayor Thompson. NOES: Councilman Blankenship. ABSENT:Councilmen Shaw and Lowry A -21: On Motion by Councilman Hammel, seconded by Councilman Blankenship, the City Council of the City of Beaumont adopts the program increasing the participation of MBE in their contracting activities. AYES: Councilmen Blankenship, Hammel and Mayor Thompson. NOES: None. ABSENT:Councilmen Shaw and Lowry. A -22: On Motion by Councilman Blankenship, seconded by Councilman Hammel, The City Council of the City of Beaumont authorizes the submittal of application for Title III -B Funds for Fiscal Year 1981 -82 (Senior Citizens Center). AYES: Councilmen Blankenship, Hammel and Mayor Thompson. NOES: None. ABSENT:Councilmen Shaw and Lowry. A -23: On Motion by Councilman Hammel, seconded by Councilman Blankenship, the City Council of the City of Beaumont adopts RESOLUTION NO. 1981 -16 approving a lot line adjustment between two or more adjacent parcels. AYES: Councilman Blankenship, Hammel and Mayor Thompson. NOES: None. ABSENT :Councilmen Shaw and Lowry. A -24: PUBLIC HEARING - Possible Use of Revenue Sharing Funds. The Public Hearing was opened at 8:51 P.M. Mr. Red Livingston, 1245 Massachusetts, stated he would like to see a portion of that money go for the fire department volunteers, or a fire prevention (weed abatement program) program. Mr. Irish Mitchell, 1292 Pennsylvania, stated he would like to see the money spent to define the egress and ingress along the medium from Illinois to Highland Springs, which is a saftey factor; and also for the fire light on the corner of Maple and Page 1 Sixth Street, which has been inoperable for some time, also a safety factor. Mr. Harold Blackaby, 662 Maple Avenue, stated he would like to see funds used to correct the situation at the K -Mart Shopping Center regarding the egress and ingress. The Public Hearing was closed at 9:07 P.M. On Motion by Councilman Blankenship, seconded by Councilman Hammel, the City Council adopts a budget schedule as follows: April 27 - Public Hearing for Revenue Sharing May 26 - Budget Hearing on Revenue Sharing Programs. June 26 - City Budget AYES: Councilmen Blankenship, Hammel and Mayor Thompson. NOES: None. ABSENT: Councilmen Shaw and Lowry. A -25: On Motion by Councilman Blankenship, seconded by Councilman Hammel, the City Council grants the request from Beaumont Taxi for a rate change as presented. AYES: Councilmen Blankenship, Hammel and Mayor Thompson. NOES: None. ABSENT: Councilmen Shaw and Lowry. MAYOR /COUNCILMEN - COMMENTS /REPORTS: A -26: The City Council accepted the report from the City Attorney and City Manager on Request of Project Management Company for Payment of Services Rendered, and tabled this item until the next regular meeting when the full Council is seated. A -27: This agenda item was tabled until the next regular meeting on May 11, 1981 when the full Council is seated. A -28: This agenda item was tabled until the next regular meeting on May 11, 1981. A -29: On Motion by Councilman Blankenship, seconded by Councilman Hammel, the City Council adopts Resolution No. 1981 -18 requesting place- ment of freeway signs at Highland Springs Road. AYES: Councilmen Blankenship, Hammel. NOES: Mayor Thompson. ABSENT: Councilmen Shaw and Lowry. ADD On Motion by Councilman Blankenship, seconded by Councilman Hammel, ITEM: the City Council approve the two changes in the Matich Contract for the rehabilitation of Maple Avenue pursuant to request of the City Manager. AYES: Councilmen Blankenship, Hammel and Mayor Thompson. NOES: None. ABSENT: Councilmen Shaw and Lowry. ADD On Motion by Councilman Blankenship, seconded by Councilman Hammel, ITEM: the City Council of the City of Beaumont accepts the insurance binder for the City of Beaumont as presented by Curtis - Kieley, Inc. AYES: Councilmen Blankenship, Hammel and Mayor Thompson. NOES: None. ABSENT: Councilmen Shaw and Lowry. The Chair recognized Mr. John Mullen who addressed the City Council regarding what the City is going to do with 864 Wellwood. Page 2 On Motion by Councilman Blankenship, seconded by Councilman Hammel, the City Council adopts a Minute Order requesting the City Attorney to institute legal action against E. Wayne Simmons to bring Mr. Simmons into conformance with the mutual agreement of settlement between Mr. Simmons and the City of Beaumont. AYES: Councilmen Blankenship, Hammel and Mayor Thompson. NOES: None. ABSENT: Councilmen Shaw and Lowry. On Motion by Councilman Blankenship, the City Council adjourned to an Executive Session for Personnel Reasons at 9:55 P.M. The City Council reconvened to Regular Session at 11:02 P.M. Let the record show no determinations were made during Executive Session and the personnel matter was taken under advisement for further consideration. The Executive Session was adjourned to Monday, May 11, 1981, at 6:30 P.M. There being no further business to come before the Council, the meeting was adjourned at 11:04 P.M. Respectfully submitted, Deputy Ci y Clerk Page 3 BEAUMONT CITY COUNCIL MINUTES OF APRIL 27, 1981 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, April 27, 1981, with Mayor Thompson presiding. A -1: Pledge of Allegiance to the flag was led by Councilman Hammel. A -2: Invocation was given by Reverand George Kreiger. A -3: On Roll Call the following Councilmen were present: Blankenship, Hammel, Lowry and Mayor Thompson. Councilman Shaw was out -of- town attending an Office on Aging Conference in Sacramento. A -4: On Motion by Councilman Lowry, seconded by Councilman Blankenship, the minutes of Regular Meeting of April 13, 1981 and Adjourned Meeting of April 22, 1981 (adjourned from April 13) were approved as published. AYES: Councilmen Blankenship, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: Councilman Shaw. A -5: On Motion by Councilman Lowry, seconded by Councilman Hammel, Agenda Item A -2.a of Planning Commission Minutes of March 12, 1981, is deleted. AYES: Councilmen Hammel and Lowry. NOES: Councilman Blankenship and Mayor Thompson. ABS: Councilman Shaw. Motion Died. On Motion by Councilman Lowry, seconded by Councilman Hammel, the Minutes of Planning Commission Meeting of March 12, 1981 are accepted as presented, with the exception of Item A -2.a upon which action is withheld. AYES: Councilmen Hammel, Lowry and Mayor Thompson. NOES: Councilman Blankenship. ABS: Councilman Shaw. On Motion by Councilman Lowry, seconded by Councilman Blankenship, the Minutes of Special Planning Commission Meeting of March 24, 1981 are accepted as presented. AYES: Councilmen Blankenship, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: Councilman Shaw. On Motion by Councilman Hammel, seconded by Councilman Blankenship, the Minutes of Regular Planning Commission Meeting of April 7, 1981 are accepted as presented. AYES: Councilmen Blankenship, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: Councilman Shaw A -6: On Motion by Councilman Hammel, seconded by Councilman Blankenship, Warrants as audited per Warrant List of April 27, 1981, in the amount of $48,657.42, and Payroll of April 17, 1981, in the amount of $19,227.35, are approved for payment. AYES: Councilmen Blankenship, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: Councilman Shaw. Page 1 ORAL COMMUNICATION: A -7: Mr. Joe Simpkins addressed the Council and the members of the audience concerning his proposed business venture in Beaumont to include a 50 Unit Motel and adjoining Card Club. A -8: Mrs. Patricia Renna addressed the Council concerning the City of Beaumont's charge for a Health Department Permit fee. On Motion by Councilman Lowry, seconded by Councilman Hammel, the matter of the fee charged by the City for operation of a food establishment is tabled for further consideration. AYES: Councilmen Blankenship, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: Councilman Shaw A -9: On Motion by Councilman Blankenship, seconded by Councilman Hammel, Mr. Welch's request for a fee - exempt permit to hold a relay race for charitable purposes is granted, provided that Mr. Welch executes a Hold Harmless Agreement relieving the City of any liability. AYES: Councilmen Blankenship, Hammel, Mayor Thompson. NOES: None. ABSTAIN: Councilman Lowry ABSENT: Councilman Shaw A -10: On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council reconfirms their desire to move ahead with the sewer lift station project. Council will consider some time in the very near future a limiting factor of growth on that line, and author- izes the City Manager to proceed with development of engineering plans. AYES: Councilmen Blankenship, Hammel, Lowry, and Mayor Thompson. NOES: None. ABSENT: Councilman Shaw A -11: On Motion by Councilman Lowry, seconded by Councilman Blankenship, the City Council of the City of Beaumont agrees to amend the Contract for Administration of the Grants Program to include Section 9. Insurance. AYES: Councilmen Blankenship, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: Councilman Shaw A -12: On Motion by Councilman Blankenship, seconded by Councilman Hammel, The City Council of the City of Beaumont adopts Resolution No. 1981 -15, Accepting Grant of Easement and Authorizing Recordation of Same. AYES: Councilmen Blankenship, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: Councilman Shaw. A -13: On Motion by Councilman Blankenship, seconded by Councilman Lowry, the City Council of the City of Beaumont proclaims the week of May 10 -16 as Municipal Clerk's Week. AYES: Councilmen Blankenship, Thompson. NOES: None. ABSENT: Councilman Shaw. Page 2 Hammel, Lowry and Mayor A -14: On Motion by Councilman Lowry, seconded by Councilman Hammel, the claim filed by Gene Cash for damages was denied, and the City Clerk is directed to mail a Notice of Rejection to Mr. Cash and his attorney with a copy to the insurance carrier. 9 AYES: Councilmen Blankenship, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: Councilman Shaw WRITTEN COMMUNICATION: A -15 and A -16: On Motion by Councilman Blankenship, seconded by Councilman Lowry, Agenda Items A -15 and A -16 are deferred until the next Council Meeting. AYES: Councilmen Blankenship, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: Councilman Shaw. A -17: On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont adopts Urgency Ordinance No. 526, Adopting the Uniform Plumbing Code of 1979. The Ordinance was read by the City Clerk in its entirety. AYES: Councilman Blankenship, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: Councilman Shaw. ORAL Before proceeding with the agenda, Chair recognized Richard COM- Maxfield, a member of the Beaumont Police Department, who had MUNI- asked to address the Council during the Oral Communication CA- portion of the meeting, but whom the Council had failed to TION recognize at the time. Mr. Maxfield presented a petition from the Beaumont Police Officers Association requesting to withdraw from PERC, so that they may enroll their membership in COPS, (California Organization of Police and Sheriffs) as their bargaining agent. Mr. Maxfield was advised by the Council they should follow the procedure outlined in the Employee Relations Resolution, No. 1978 -16. A -18: On Motion by Councilman Lowry, seconded by Councilman Blankenship, Ordinance No. 527, providing for procedures for the purchase of supplies and equipment and providing for a purchasing system and purchasing department is tabled until the next regular Council Meeting. AYES: Councilmen Blankenship, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: Councilman Shaw. A -19: Motion by Councilman Lowry, seconded Councilman Hammel, to adopt Urgency Ordinance No. 528 adopting the Uniform Fire Code of 1979, by title only. AYES: Councilmen Hammel and Lowry. NOES: Councilman Blankenship and Mayor Thompson. ABSENT: Councilman Shaw. MOTION DIED The City Manager was directed to furnish the Council with addi- tional information concerning this proposed Ordinance, and return it to Council at the next Regular Council meeting. On Motion by Councilman Hammel, seconded by Mayor Thompson, this meeting was adjourned to April 28, 1981, at 7:00 P.M., in the City Council Chambers. Respectfully submitted, If ;LrA R JO , City Clerk BEAUMONT CITY COUNCIL MINUTES OF ADJOURNED MEETING OF APRIL 22, 1981 (Adjourned from April 13, 1981) The Beaumont City Council met in an adjourned meeting at 7:27 P.M., in the City Manager's Conference Room at the Beaumont Civic Center, with Mayor Thompson presiding. A -1: CALL TO ORDER: The Pledge of Allegiance to the Flag On Roll Call the following Councilme Blankenship, Shaw, Hammel, Lowry and A -2: On Motion by Councilman Blankenship, to Executive Session for the purpose Hearings of two City employees which 13. was dispensed with. 1 were present: Councilmen Mayor Thompson. the City Council adjourned of continuing the Personnel were adjourned from April AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. On Motion by Councilman Blankenship, seconded by Councilman Hammel, The City Council reconvened to regular session at 8:46 P.M. Let the record show the following action was taken in Executive Session: 1. On Motion by Councilman Blankenship, seconded by Councilman Shaw, OfficEr John Hackman shall continue on Administrative Leave until a medical examination by a mutually acceptable specialist for this medical problem is accomplished and findings are rendered to the Council. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 2. On Motion by Councilman Blankenship, seconded by Councilman Hammel, City Employee Wayne Duncan is reinstated to his regular position with the Public Works Department with full benefits and back pay to date of removal, excluding three weeks vacation pay. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry. NOES: None. ABS: Mayor Thompson. There being no further business to come before the Council, the meeting was adjourned at 9:05 P.M. BEAUMONT CITY COUNCIL MINUTES OF APRIL 13, 1981 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, April 13, 1981, with Mayor Thompson presiding. A -1: CALL TO ORDER: a. Pledge of Allegiance to the flag was led by Councilman Blankenship. b. Invocation was given by Reverand Donald Heermans. C. On Roll Call the following Councilmen were present: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. A -2: APPROVAL OF MINUTES: On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont approves the Minutes of Regular Meeting of March 23, 1981, Minutes of Special Meeting of March 27, 1981, Minutes of Adjourned Meeting of March 30, 1981 (adjourned from March 27, 1981) and Minutes of Special Meeting of April 2, 1981. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. A -3: ACCEPTANCE OF PLANNING COMMISSION MINUTES: On Motion by Councilman Lowry, seconded by Councilman Blankenship, the City Council of the City of Beaumont tables the Minutes of Regular Planning Commission Meeting of March 12, 1981 and Minutes of Special Planning Commission Meeting of March 24, 1981, for further consideration. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. A -4: APPROVAL OF PAYMENT OF WARRANTS. AND PAYROLL: a. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont approves the payment of Warrants as audited per Warrant List of April 13, 1981, in the amount of $36,396.36. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 4 C. On Motion by Councilman Shaw, seconded by Councilman Blankenship the City Council of the City of Beaumont approves the payment of March 20, 1981, in the amount of $20,820.80 and April 3, 1981, in the amount of $21,971.31. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. A Point of Order was called by Councilman Lowry asking that the extension of the Building Moratorium be discussed. Mayor Thompson tabled discussion on this subject until the end of the agenda. Page 1 A -5: PROCLAMATION - Declaring the Week of April 20 -26 as "Victim's Rights Week ". On Motion by Councilman Shaw, seconded by Councilman Blankenship the City Council of the City of Beaumont declares the week of April 20 -26 as "Victim's Rights Week ". AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. A -6: RESOLUTION NO. 1981 -12 - Disability Retirement of John Hackman. On Motion by Councilman Lowry, seconded by Councilman Hammel, this Agenda Item shall be moved out of sequence and combined with Agenda Item 14 in Executive Session. AYES: Councilmen Shaw, Hammel, Lowry and Mayor Thompson. NOES: Councilman Blankenship ABS: None. A -7: RESOLUTION NO. 1981 -14 - Ascertaining and Specifying the Minimum Wage Rates Pursuant to the Provisions of Section 1170 et seq. of the Labor Code of the State of California for City Public Works Projects formed by Contracts and Contracts made and Executed Pursuant to the Provisions of the Improvement Acts of the State of California. On Motion by Councilman Lowry, seconded by Councilman Hammel, Resolution No. 1981 -14 was read by title only. AYES: Councilmen Shaw, Hammel, Lowry and Mayor Thompson. NOES: Councilman Blankenship. ABS: None. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont adopts Resolution No. 1981 -14 by title only. AYES: Councilman Shaw, Hammel, Lowry and Mayor Thompson. NOES: Councilman Blankenship. ABS: None. A -8: Riverside County Community Development Findings and Recommendations after Assessment of City of Beaumont's Block Grant Effort, with Proposed Agreement for Grant Administrative Services Rendered by Riverside County. Mr. John Davis, of the County of Riverside, addressed the Council discussing his findings and recommendations, and the proposed F agreement to be executed with the County. On Motion by Councilman Shaw, seconded by Councilman Blankenship, the City Council of the City of Beaumont authorizes the Mayor of the City of Beaumont to Enter into an Agreement for Grant Administrative Services with the County of Riverside. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. A -9: Claim of Brenda S. Cupp for Damages. On Motion by Councilman Blankenship, seconded by Councilman Hammel, the City Council of the City of Beaumont rejects the claim of Brenda S. Cupp and directs the City Clerk to notify claimant of this rejection, and the insurance carrier of the claim. AYES: Councilman Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. Page 2 t A -10: Authorization for the Mayor and /or City Manager to Execute an Agreement between the City of Beaumont and the County of Riverside for a County Building Inspector to make all inspections at 864 Wellwood Avenue. 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 the AGreement between the City of Beaumont and the County of Riverside entitled Joint Powers Agreement for Building Inspection Services. AYES: Councilmen Shaw, Hammel, Lowry and Mayor Thompson. NOES: Councilman Blankenship ABS: None. A -11: MAYOR /COUNCILMEN - COMMENTS /REPORTS: a. On Motion by Councilman Shaw, seconded by Councilman Hammel, the authorization to increase the present business and auto liability limits pursuant to letter from Robert Berens Insurance Services is tabled until the next regular meeting. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. b. Staff Report in Response to request from Beaumont - Cherry Valley Parks and Recreation District for money to purchase materials to refinish the gym floor. Motion by Councilman Blankenship to hold in abeyance until exact accountings are received from Parks and Recreation and City Finance and find out where the monies are, died for lack of a second. On Motion by Councilman Lowry, seconded by Councilman Shaw, this agenda item is tabled until the next regular meeting. AYES: Councilmen Shaw, Hammel, Lowry and Mayor Thompson. NOES: Councilman Blankenship. ABS: None. A -12: WRITTEN COMMUNICATION: a. Request from Active_20 /30 Club for Monetary Assistance - Cherry Festival. On Motion by Councilman Hammel seconded by Councilman Lowry, the City Council of the City of Beaumont authorizes the payment of $300.00 to the 20/30 Club as a one time only donation, with the suggestion that the 20/30 Club handle their business affairs a little bit with more snap, if the Rotary Club can operate this for years and make a profit, then at least the 20/30 Club should be able to break even. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. b. Request from Rotary Club for Fee - Exempt American Continental Circus to Beaumont going for Charitable purposes. On Motion by Councilman Lowry, seconded by City Council of the City of Beaumont grants to the Rotary Club of Beaumont, waiving the as requested. Permit to Bring the with Proceeds Councilman Shaw, the the fee - exempt permit $50.00 permit charge, AYES: Councilmen Blankenship, Shaw, Hammel, Lowry. NOES: None. ABS: Mayor Thompson Page 3 c. Mr. D. J. Ward - Letter concerning his application for Lot Line Adjustment and problems encountered after Planning Commission Approval. On Motion by Councilman Hammel, seconded by Councilman Lowry, Agenda Item A -12.c is tabled until the next regular meeting pending resolution. AYES: Councilmen Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: Councilman Blankenship. A -13: ORAL COMMUNICATION: a. Mr. Brien A. Ross, Beaumont- Cherry Valley Parks & Recreation District, addressed the Council advising them of the damage to the marque in front of the Civic Center, and requested Council approval for the repair of the marque, and stating that most if not all of the City's cost for the repair could be recovered through the insurance. The lowest esti- mate received for the repair was $1,700.00, for both the top and the bottom of the marque. Mayor Thompson asked Mr. Ross to turn this request over to the City Manager's office to be taken care of. b. Ms. Edna Burkett, of 1444 Michigan, Space 134, addressed the Council protesting the rent increases in the Valley Mobile Home Park, and read a petition circulating in the park at the present time. She then listed the inadequacies in the park, including raw sewage running in the gutters. She then asked the Council to enact a temporary rent moratorium immediately. On Motion by Councilman Blankenship, seconded by Councilman Shaw, the City Manager is directed to investigate alleged Health and Safety Code violations and possibility of rent control action subsequent to June 1, 1981. AYES: Councilmen Blankenship and Hammel and Mayor Thompson. NOES: None. ABS: Councilmen Shaw and Lowry. C. Dr. Randhawa addressed the Council asking why his building addition project is being held up. The City Manager was instructed to find out what the hold up is. Councilman Hammel asked to address the meeting, and read a letter written to the Council by Mayor Thompson concerning negotiations .. with City Manager applicants, and recommending that Mr. Norman Davis be retained as City Manager for the City of Beaumont. Councilman Blankenship took exception to statements made in the letter read by Councilman Hammel, and proceeded to read a tele- gram he had received from Mr. Albert St. Cyr stating he would accept the position of City Manager at a salary within the para- meters set forth by the City. Discussion from the Council Members and from the floor followed. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont hires Mr. Norman Davis as City Manager and directs the City Attorney to draw up a contrac- tural Agreement. AYES: Councilman Hammel, Councilman Lowry, Mayor Thompson. NOES: Councilman Blankenship, Councilman Shaw. ABS: None. Page 4 d. Mr. Irish Mitchell addressed the Council concerning harrassment tickets he has received, and read a letter he had received from the attorneys for Chief Robert Bridges, Welebir and Brunick. A -14: On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont adjourned to Executive Session for Personnel Reasons at 10:50 P.M. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. On Motion by Councilman Lowry, seconded by Councilman Hammel, The City Council reconvened to regular session at 11:59 P.M. Let the record show the following action was taken in Executive Session: 1. On Motion by Councilman Lowry, seconded by Councilman Blankenship, the City Council of the City of Beaumont placed Officer John Hackman on Administrative Leave commencing Wednesday, April 8, 1981 until matter resolved, and directs the City Manager to furnish documents to Mr. Hackman's attorney as requested, as well as copies of documents to Bill McQue of PERC. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. 2. No action was taken during personnel hearing of another employee pending review of personnel file. This Executive Session, for the purpose of continuing the personnel hearings, was adjourned to April 22, 1981, at 7:30 P.M., in the City Manager's Conference Room. ADD ITEM On Motion by Councilman Hammel, seconded by Councilman Hammel, the City Council of the City of Beaumont accepts the six recommendations as set forth by Bruce Daniels of Riverside Community Development, in his letter of April 8, 1981 for implementation. AYES: Councilmen Shaw, Hammel, Lowry and Mayor Thompson. NOES: Councilman Blankenship. ABS: None. On Motion by Councilman Blankenship, seconded by Councilman Lowry, the City Council of the City of Beaumont gives the City Manager mandate to implement, at his discretion, the audit recommendations. AYES: Councilmen Blankenship, Hammel, Lowry and Mayor Thompson. NOES: Councilman Shaw. ABS: None. There being no further business to come before the Council, the meeting was adjourned at 12:32 A.M., April 14, 1981. Respectfully submitted, ausan r'rye , - Deputy City Clerk BEAUMONT CITY COUNCIL MINUTES OF SPECIAL MEETING OF APRIL 2, 1981 The Beaumont City Council met in a Special Meeting at 7:04 P.M., in the City Manager's Conference Room at the Beaumont Civic Center, Thursday, April 2, 1981, with Mayor James B. Thompson presiding. A -1: CALL TO ORDER: On Roll Call the following Councilmen were present: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. A -2: On Motion by Councilman Lowry, Seconded by Councilman Hammel, the City Council of the City of Beaumont adjourned to an Executive Session for the Purpose of Budgetary Guidelines of the City Manager's Salary, at 7:05 P.M. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. A -3: On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont reconvened to Regular Session at 9:18 P.M. AYES: Councilman Blankenship, Shaw, Hammel, Lowry, and Mayor Thompson. NOES: None. ABS: None. A -4: Let the Record show action taken in Executive Session is as follows: On Motion by Councilman Blankenship, seconded by Councilman Shaw, the City Council of the City of Beaumont authorizes the Mayor, James B. Thompson, to negotiate the wage salary of up to $33,000.00 for the City Manager. Total overall cost not to exceed $43,400.00, including all fringe benefits. AYES: Councilmen Blankenship, Shaw and Mayor Thompson. NOES: CouncilmanHammel and Lowry. ABS: None. There being no further business before the Council the meeting was adjourned by Mayor Thompson at 9:36 P.M. ectfully submitted, c� X1 yor BEAUMONT CITY COUNCIL MINUTES OF SPECIAL MEETING OF MARCH 27, 1981 The Beaumont City Council met in a Special Meeting at 9:02 A.M., in the City Manager's Conference Room at the Beaumont Civic Center, Friday, March 27, 1981, with Mayor James B. Thompson presiding. A -1: CALL TO ORDER: a. Pledge of Allegiance to the Flag was led by Councilman Shaw. b. On Roll Call the following Councilmen were present: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. A -2: On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont adjourned to an Executive Session for the Purpose of Conducting Oral Interviews of City Manager Applicants, at 9:07 A.M. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. A -3: On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont adjourned at 12:12 P.M. for lunch, to reconvene at 2:00 P.M., this date. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont reconvened to Executive Session at 2:30 P.M. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. A -4: On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont adjourned this Special Meeting to Monday, March 30, 1981, at 7:30 P.M., in the City Manager's Conference Room, Beaumont Civic Center,at 3:21 P.M. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. Let the Record show the following City Manager Candidates were interviewed: 1. Mr. Norman Davis, commencing at 9:10 A.M. 2. Mr. Gene Poertner, commencing at 10 :07 A.M. 3. Mr. Leo Fancy, commencing at 11:10 A.M. 4. Mr. Albert St. Cyr, commencing at 2:30 P.M. Respe ully submitted, Ma BEAUMONT CITY COUNCIL MINUTES OF MARCH 23, 1981 The Beaumont City Council met in a Regular Meeting at 7:38 P.M., in the City Council Chambers at the Beaumont Civic Center, Monday, March 23, 1981, with Mayor Pro Tem Hammel presiding. A -1:. CALL TO ORDER: a. Pledge of Allegiance to the Flag was led by Councilman Thompson. b. Invocation was given by Reverand Cliff Howrey. c. On Roll Call the following Councilmen were present: Councilmen Blankenship, Shaw, Lowry, Thompson, Mayor Pro Tem Hammel. Prior to proceeding with the Agenda, the following Motions were made: On Motion by Councilman Blankenship, seconded by Councilman Shaw, the City Council of the City of Beaumont appoints Councilman James B. Thompson as Mayor of the City of Beaumont. AYES: Councilmen Blankenship, Shaw, Lowry, Mayor Pro Tem Hammel. NOES: None. ABS: Councilman Thompson. On Motion by Councilman Blankenship, seconded by Councilman Shaw, the City Council of the City of Beaumont appoints Councilman Hammel as Mayor Pro Tem of the City of Beaumont. AYES: Councilmen Blankenship, Shaw, Lowry, Mayor Thompson. NOES: None. ABS: Councilman Hammel. ADD - ITEM On Motion by Councilman Blankenship, seconded by Councilman the City Council of the City of Beaumont accepts the letter from Beaumont Business Forum regarding the Community Advisory Commi- sion, and refers it to Susan Frye for follow -up. AYES: Councilmen Blankenship, Shaw, Lowry, Hammel and Mayor Thompson. NOES: None. ABS: None. A -2: APPROVAL OF MINUTES: On Motion by Councilman Blankenship, seconded by Councilman Shaw, the City Council of the City of Beaumont approves the Minutes of Regular Meeting of March 9, 1981, Special Meeting of March 12, 1981 and Special Meeting of March 17, 1981 as published. AYES: Councilman Blankenship, Shaw, Lowry, Hammel and Mayor Thompson. NOES: None. ABS: None. A -3: ACCEPTANCE OF PLANNING COMMISSION MINUTES: On Motion by Councilman Blankenship, seconded by Councilman Shaw, the City Council of the City of Beaumont accepts Planning Commission Minutes of February 13, 1981, as amended with the inclusion of the addresses for Agenda Item A -6 and A -7, and Minutes of February 26, 1981 as published. AYES: Councilman Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. Page 1 A -4: APPROVAL OF PAYMENT OF WARRANTS AND PAYROLL: a. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont approves the payment of Warrants as audited per Warrant List of March 23, 1981, in the amount of $74,487.91. Warrant No. 020889, in the amount of $1,353.89,payable to Cox and Warren, was withheld pending receipt of further detail and documentation of these charges. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. b. On Motion by Councilman Shaw, seconded by Councilman Blankenship the City Council of the City of Beaumont approves the payment of payroll of March 6, 1981, in the amount of $21,413.18 AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. A -5: PROCLAMATION - Designating the Week of March 21 through March 28 as UTH WEEK ". On Motion by Councilman Hammel, seconded by Councilman Lowry, the City Council of the City of Beaumont proclaims March 21 through March 28 as "Youth Week ". AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. A -6: Claim of Marjorie Elaine Fish for Personal Injuries. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont denies the claim of Marjorie Elaine Fish. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. A -7: Claim of Rosina Huber for Personal Injuries. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont denies the claim of Rosina Huber. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. A -8: MAYOR /COUNCILMEN - COMMENTS/REPORTS: a. Maple Avenue Rehabilitation. On Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council of the City of Beaumont accepts the bid received from Matich Corporation for Maple Avenue rehabilitation, Bid No. 2, Petromat and Overlay, in the sum of $31,267.00. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. Page 2 A -8: b. Proposed Sale of Lots. On Motion by Councilman Hammel, seconded by Councilman Lowry, The City Council of the City of Beaumont instructs the City Attorney to prepare the proper documents for the disposal of subject lots. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABS: None. c. Community Development Block Grants. Report from Acting City Manager. Informational item only. ADD Councilman Blankenship introduced the subject of the hiring of ITEM: a temporary City Planner, and this topic was discussed by the Council, with additional input from Planning Commissioner Red Livingston, speaking in favor of hiring a planner, temporary or not. On Motion by Councilman Blankenship, seconded by Councilman Shaw, the City Council of the City of Beaumont allows the City Manager to exercise the City Manager's Ordinance and retain a temporary City Planner at his discretion. AYES: Councilmen Blankenship, Shaw and Mayor Thompson. NOES: None. ABS: Councilmen Hammel, Lowry A -9: WRITTEN COMMUNICATION: a. KGUD Radio - Request for Permission to Record Council Meetings for later broadcast. The representative of KGUD Radio stated they just wanted to let the City know they were considering recording the meetings for later broadcast. Mayor Thompson stated no action by the Council was necessary since the press, television and radio are welcome at all times at council meetings, and to record them. b. Irish Mitchell - Statement for Services Rendered. The City Manager read his staff report concerning Mr. Mitchell's statement. Mr. Irish Mitchell addressed the Council stating any further discussion of this subject should be in Executive Session with the City's legal counsel in attendance. On Motion by Councilman Blankenship, seconded by Councilman Shaw, the City Council of the City of Beaumont refers Mr. Mitchell's claim to the City Attorney and City Manager for a report. AYES: Councilmen Blankenship, Shaw, Hammel, Lowry, and Mayor Thompson. NOES: None. ABS: None. A -10: ORAL COMMUNICATION: Mayor Thompson addressed the audience concerning a letter which he had written to the Council prior to being appointed Mayor, stating no decision had been made on the subject, nor has there been any discussion. The subject is policy for repair of streets after repair or placement of utilities, and Mayor Thompson read his letter in its entirety. The City Manager was instructed to research the policies and agreements and bring it back to the Council for study. Page 3 There was continued discussion by members of the audience, the Council and the City Manager concerning the repair policies to the streets. Councilman Lowry addressed the chair saying he would like to make a motion, but before doing so wished to make a statement, stating,in defense of Chief of Police Robert Bridges, the District Attorney, Byron Morton, has reported that his department has investigated the charges against him and has not found him guilty of any criminal act. The other so- called infractions were presented in an anonymous note, which the Council can only ignore. Councilman Blankenship respondedoas discussion stating he knows the Chief's feeling, he knows the Council's feeling. In the initiation of this investigation, it was handled improperly in its very inception. Anytime you have an investigation you don't let the District Attorney do your dirty laundry. It should have been done internally, and that is the way it should be. Now - a vote of confidence - he will not give an employee a vote of confidence, however, if the Council sees fit to go through an internal investigation to rid the Chief of any stigma that might be put on him, then he would vote for that - but he will not vote for a confidence when there is some doubt, because . (interrupted by Councilman Lowry stating by anonymous note) . . . continuing - stating - he has twenty -three letters in his possession right now asking him to do something - so he will not vote for a vote of confidence for an employee because it is not warranted. On Motion by Councilman Lowry, seconded by Councilman Hammel, four members of the City Council gave Police Chief Robert Bridges a vote of confidence. AYES: Councilman Shaw, Hammel, Lowry, Mayor Thompson. NOES: Councilman Blankenship. ABS: None. Mr. George Molnar, 1274 California Avenue, addressed the Council asking what is going to be done about the manholes that are existing two or three inches below the pavement surface. They are all over town, and have been that way for years, and more are cropping up. He also spoke concerning vehicles not stopping for pedestrians attempting to cross the streets, and fences being installed on the edge of the curbs creating hazardous situations. The fencing should be setback whatever the require- ment for a sidewalk is. He continued with suggestions for other requirements to upgrade the streets. Mr. Rex Ring addressed the Council concerning the policy for concealed weapons, and the problems he had experienced in getting his concealed weapons permit renewed. The City Attorney stated it was not governed by the City Council, but was solely the Chief of Police, governed by State law, and if the Chief wants a hold- harmless agreement, he would prepare it for him. Mr. George Valencia, representing the Active 20/30 Club, refer- encing his letter written to Councilman Blankenship asking the City to assist the Club with their problem pertaining to police protection for the Cherry Festival. Councilman Blankenship gave the letter from the Active 20/30 Club to George Valencia to read. The Council turned this matter over to the Acting City Manager for research to be brought back before the Council at a later date . Mayor Thompson announced that he has talked with the Council Members and some time between now and the next meeting, they will possibly set a cut -off time for Council meetings at 10:00 P.M. He stated further there are certain sections of the Government code they says they must post the format in which they conduct their meetings, and between now and the next Council meeting this will be done. Page 4 Red Livingston made a suggestion that the City have the people who run the carnival pay for the police protection, rather than the City or the service clubs. He also asked if the City of Beaumont has a promotional fund for the promotion of the City. Mr. Jim Blackmon addressed the Council asking if the answering service purchased for the use by Mayor Peterson had been re- turned to the City's possession, and was informed it had been. He then asked if the tapes were being transcribed on paper, and was told they were. He then asked if the open forum could be supplied with a map or boundary line that would show the sphere of influence of the City of Beaumont, and was told they could be furnished with something of this nature by the building department or the City Engineer. Mr. Molnar again addressed the floor asking for support for the City Council. There being no further business to come before the Council, on Motion by Councilman Lowry, seconded by Councilman Shaw, the meeting was adjourned at 9:53 P.M. Respectfully submitted, LA VE NE JON E City Clerk Page 5 BEAUMONT CITY COUNCIL MINUTES OF March 17, 1981 The Beaumont City Council met in a Special Meeting at 3:00 P.M., in the City Council Chambers at the Beaumont Civic Center, Tuesday, March 17, 1981, with Mayor Pro Tem Hammel presiding. A -1: CALL TO ORDER: a. Pledge of Allegiance to the Flag was led by Councilman Shaw. b. On Roll Call the following Councilmen were present: Councilman Blankenship, Councilman Lowry, Councilman Shaw, Mayor Pro Tem Hammel. A -2: Report from City Engineer concerning Sewer Lift Station Design Change.. Mayor Pro -Tem Hammel reported that there had been some changes regarding the City Engineers in the last few hours. Mr. Norm Davis reported the City Engineers (Hicks and Hartwick) report will be forthcoming with the information requested for this days meeting. This afternoon the Mayor, John Davis (CD), City Manager, and Norm Davis had discussion on this project. Also John Davis and John Swoda met separately regarding the terms of the contract etc. John Davis would like to spend 2 -3 weeks getting acquainted withe City's Grants, and in particular take a hard look at: 1. Sewer Lift Station Project and, 2. Planning Department. Mr. Blankenship requested and further stated that the letter of March 16, 1981, from Jim Dotson of Hicks and Hartwick is part of the record and should be read. He then read that letter. Discussion was held. No decisions were made regarding this matter. On Motion by Councilman Lowry, Seconded by Councilman Shaw the meeting was adjourned. AYES: Councilman Blankenship, Councilman Lowry, Councilman Shaw, Mayor Pro Tem Hammel. NOES: NONE. ABS: NONE. There being no further business to come before the Council, the meeting was adjourned at 3:25 p.m. Respectfully Submitted, Deputy City clerk, City orxBeaVmont BEAUMONT CITY COUNCIL MINUTES OF SPECIAL MEETING OF MARCH 12, 1981 The Beaumont City Council met in a Special Meeting at 10:07 A.M., in the Beaumont Civic Center, City Manager's Conference Room, Thursday, March 12, 1981, with Mayor Pro Tem Hammel presiding. A -1: CALL TO ORDER: a. Pledge of Allegiance to the Flag was led by Councilman Shaw. b. On Roll Call the following Councilmen were present: Councilmen Blankenship, Shaw, Thompson, Lowry and Mayor Pro Tem Hammel. A -2: On Motion by Councilman Blankenship, seconded by Councilman Lowry, the City Council of the City of Beaumont adjourned to an Executive Session for Personnel Reasons at 10:15 A.M. AYES: Councilmen Blankenship, Shaw, Thompson, Lowry, Mayor Pro Tem Hammel. NOES: None. ABS: None. On Motion by Councilman Thompson, seconded by Councilman Blankenship, Executive Session was adjourned for lunch at 12:00 Noon. On Motion by Councilman Lowry, seconded by Councilman Thompson Executive Session was reconvened at 1:30 P.M. A -3: On Motion by Councilman Lowry, seconded by Councilman Thompson, The City Council of the City of Beaumont reconvened to Regular Session at 2:07 P.M. AYES: Councilmen Blankenship, Shaw, Thompson, Lowry, Mayor Pro Tem Hammel. NOES: None. ABS: None. Let the record show in Executive Session the City Council screened resumes submitted for the City Manager position. On Motion by Councilman Thompson, seconded by Councilman Blankenship the City Council of the City of Beaumont set March 27, 1981 as the interview date for a certain number of the applicants. AYES: Councilmen Blankenship, Shaw, Thompson, Lowry, Mayor Pro Tem Hammel. NOES: None. ABS: None. There being no further business to come before the Council, on Motion by Councilman Lowry, seconded by Councilman Blankenship, the meeting was adjourned at 2:12 P.M. Respectfully submitted, RICHARD HAMMEL, Mayor Pro Tem BEAUMONT CITY COUNCIL MINUTES OF MARCH 9, 1981 The Beaumont City Council met in a Regular Meeting at 7:32 P.M., in the City Council Chambers at the Beaumont Civic Center, Monday, March 9, 1981, with Mayor Pro Tem Hammel presiding. 9-1: CALL TO ORDER: a. Pledge of Allegiance to the Flag was led by Councilman Shaw. b. Invocation was given by Brother Wesley Hester. C. On Roll Call the following Councilmen were present: Councilmen Shaw, Blankenship, Mayor Pro Tem Hammel. Councilman Lowry was absent. A -2: On Motion by Councilman Shaw, seconded by Councilman Blankenship, the City Council of the City of Beaumont approves the Minutes of Special Meeting of February 20, 1981, Regular Meeting of February 23, 1981, Special Meeting of February 27, 1981 and Special Meeting of March 4, 1981 as published. AYES: Councilmen Blankenship, Shaw, Mayor Pro Tem Hammel. NOES: None. ABSENT:Councilman Lowry A -3: On Motion by Councilman Shaw, seconded by Councilman Blankenship, the City Council of the City of Beaumont approves the payment of warrants as audited per Warrant List of March 9, 1981, in the amount of $39,290.83, and payroll of February 20, 1981, in the amount of $20,438.66. A-4: AYES: Councilmen Blankenship, Shaw, Mayor Pro Tem Hammel. NOES: None. ABSENT:Councilman Lowry ORAL COMMUNICATION: a. Mr. Irish Mitchell addressed the Council recommending that Mr. "Tommy" Thompson be appointed to fill the vacancy now existing on the City Council. Mr. Mitchell further stated his recommendations concerning the decision regarding a permanent City Manager and possible new finance director. b. Mr. Jim Blackmon addressed the Council stating a permanent City Manager should be hired before hiring a finance director, and giving his reasons for this statement. C. Mrs. Helen Ward addressed the Council asking what, if any- thing, has been done about Maple Avenue. Mayor Pro Tem Hammel replied that he, the City Manager and Norm Davis had looked at the street again recently, and asked Mrs. Ward to give the City more time to come up with a solution. Mrs. Ward stated all they had had so far were postponements and delays. Councilman Blankenship told Mrs. Ward a letter had been re- ceived from the Road Commissioner recommending that the County not involve themselves with Maple Avenue, and, stating further, if something is not done with Maple Avenue immediately, he would recommend that all five of the Councilmen leave town. He said the City has done what it could to save money, however, the money is there and he will personally vote - make the recommendation - make the motion - that the City expend the money as rapidly as they possibly can for the street. Mayor Pro Tem Hammel stated the City had tried to save money, but since the County would not be forthcoming, the City would have to go with the bid which had been received, and, answering Mrs. Ward's question if the bid was satisfactory, stated it looked good to the Council. - 1 - A -5: Mrs. Ward then asked how soon the City could get started on the street - how many days. Councilman Blankenship answered, stating that as soon as all five Councilmen were here, pro- bably the next council meeting, he will make a motion to accept the bid immediately, thereafter it will be up to the contractor - but the City will push for the minimum time possible. d. Mr. Oscar Leeb addressed the Council asking that he have the privilege of addressing the Council at the time they consider the budget. On Motion by Councilman Blankenship, seconded by Councilman Shaw, the City Council of the City of Beaumont adjourned to an Executive Session for Personnel Reasons at 7:50 P.M. On Motion by Councilman Blankenship, seconded by Councilman Shaw, the city Council of the City of Beaumont reconvened to regular session at 8:07 P.M. Mayor Pro Tem Hammel announced the Council had decided to make an appointment to fill the vacancy on the Council, rather than hold a special election at a cost of $6,000.00. On Motion by Councilman Blankenship, seconded by Councilman Shaw, the City Council of the City of Beaumont appoints Mr. James B. "Tommy" Thompson to fill the vacancy created by Mr. Carl Peterson's resignation for the remaining time of office. AYES: Councilmen Blankenship, Shaw, Mayor Pro Tem Hammel. NOES: None. ABSENT:Councilman Lowry Mr. James B. "Tommy" Thompson was sworn in as Councilman for the City of Beaumont by the City Clerk. Mr. Thompson was then seated on the Council. WRITTEN COMMUNICATION: a. Request from KGUD Radio Station, Banning, California, for Permission to record Council Meetings for later broadcast. The letter from KGUD was read by the City Manager. The City Attorney confirmed that the station does not need the permission of the Council in order to record for broadcast, but are asking as a matter of courtesy. On Motion by Councilman Blankenship, seconded by Councilman Shaw, the City Council of the City of Beaumont tables this request until a representative of KGUD can be present. AYES: Councilmen Blankenship, Shaw, Thompson, Mayor Pro Tem Hammel. NOES: None. ABSENT:Councilman Lowry b. Recommendation from City Attorney to Increase Present Business and Auto Liability Limit from $1,000,000 to $2,000,000 as Outlined in Letter from Robert Berens Insurance Services. The City Manager read the letter received from Robert Berens Insurance Services. A member of the audience recommended the Council investigate an umbrella coverage policy. On Motion by Councilman Shaw, seconded by Councilman Thompson, the City Council of the City of Beaumont tables this agenda item for investigation. AYES: Councilmen Blankenship, Shaw. Thompson, Mayor Pro Tem Hammel. NOES: None. ABSENT:Councilman Lowry - 2 - A -6: PROCLAMATION - Designating the First Week in April as "Sales to Stop Arthritis Week ". The Proclamation was read by the Acting City Manager. On Motion by Councilman Shaw, seconded by Councilman Blankenship, the City Council of the City of Beaumont adopts this Proclamation designating the first week in April as "Sales to Stop Arthritis Week". AYES: Councilmen Blankenship, Shaw, Thompson, Mayor Pro Tem Hammel. NOES: None. ABSENT: Councilman Lowry. A -7: ORDINANCE NO. 522 - Amendment to Ordinance No. 329, For the Purpose of Revising Certain Allowable Levels of Waste. SECOND READING. On Motion by Councilman Shaw, seconded by Councilman Blankenship, the City Council of the City of Beaumont adopts Ordinance No. 522 at its second reading. AYES: Councilmen Blankenship, Shaw, Mayor Pro Tem Hammel. NOES: None. ABSENT: Councilman Lowry. ABSTAIN: Councilman Thompson. A -8: ORDINANCE NO. 523 - Amendment to Ordinance No. 416, For the Purpose of Clarifying Laundering of Clothes in Public or Commercial Laundries. SECOND READING. On Motion by Councilman Shaw, seconded by Councilman Blankenship, the City Council of the City of Beaumont adopts Ordinance No. 523 at its second reading. AYES: Councilmen Blankenship, Shaw, Mayor Pro Tem Hammel. NOES: None. ABSENT: Councilman Lowry. ABSTAIN: Councilman Thompson. A -9: RESOLUTION NO. 1981 -7 - Requesting State Legislature to Amend the California Vehicle Code to Enable Law Enforcement Agencies to Impound those Vehicles with California Plates that have Outstanding Parking Citations. The resolution was read in its entirety by the Acting City Manager. On Motion by Councilman Shaw, seconded by Councilman Blankenship, the City Council of the City of Beaumont adopts Resolution No. 1981 -7 requesting State Legislature to Amend the California Vehicle Code to enable law enforcement agencies to impound those vehicles with California plates that have outstanding parking citations. AYES: Councilmen Blankenship, Shaw, Thompson, Mayor Pro Tem Hammel. NOES: None. ABSENT: Councilman Lowry. A -10: RESOLUTION NO. 1981 -9 - Authorizing the Mayor of the City of Beaumont to Execute Supplemental Agreement No. 2 to the Master Agreement No. 08 -5209 with the State of California Department of Transportation for FAU Project No. Y -432, Y -423, Y -427, ER -987 (1) (Federal Aid Emergency Relief Projects). The Staff Report concerning this Supplemental Agreement was read by the Acting City Manager, and was further explained by Susan Frye. On Motion by Councilman Blankenship, seconded by Councilman Shaw, the City Council of the City of Beaumont adopts Resolution No. 1981 -9 by title only. AYES: Councilmen Blankenship, Shaw, Thompson, Mayor Pro Tem Hammel. NOES: None. ABSENT: Councilman Lowry. A -11: RESOLUTION NO. 1981 -10 - Approving the Riverside County Arts Plan as Prepared by the Greater Riverside Arts Foundation. Ms. Suzanne Phillips, of the Riverside County Arts Foundation, addressed the Council, asking for their approval of the Riverside County Arts Plan. On Motion by Councilman Shaw, seconded by Councilman Blankenship, the City Council of the City of Beaumont adopts Resolution No. 1981 -10 approving the Riverside County Arts Plan as Prepared by the Greater Riverside Arts Foundation. AYES: Councilmen Blankenship, Shaw, Thompson, Mayor Pro Tem Hammel. NOES: None. ABSENT: Councilman Lowry. A -12: MAYOR /COUNCILMEN - COMMENTS /REPORTS: a. Distribution of State Park Bond Funds. The Acting City Manager read a letter received from Supervisor Kay Ceniceros concerning the distribution of the State Park Bond funds, and then explained they are asking that the City of Beaumont change its vote to a 60 7o/40% split. On Motion by Councilman Shaw, seconded by Councilman Blankenship, the City Council of the City of Beaumont authorizes the City Manager to ballot for the City of Beaumont in favor of a 60% City/ 40% County split of State Park Bond funds. AYES: Councilmen Blankenship, Shaw, Thompson, Mayor Pro Tem Hammel. NOES: None. ABSENT: Councilman Lowry. ADD Mr. Brien Ross, of Parks & Recreation District, called the Council's ITEM: attention to the fact that a resolution should be adopted at this meeting for delivery to Sacramento no later than March 15, 1981, to insure the City does not lose certain monies available under the Park Bond Act. After discussion, the Acting City Manager read the proposed re- solution in its entirety. On Motion by Councilman Shaw, seconded by Councilman Blankenship, the City Council of the City of Beaumont authorizes the City Manager to prepare Resolution No. 1981 -11 in accordance with the proposed resolution previously read, and adopts Resolution No. 1981 -11 approving the application for 1980 State Grant Moneys, Project Stewart Park. AYES: Councilmen Blankenship, Shaw, Thompson, Mayor Pro Tem Hammel. NOES: None. ABSENT:Councilman Lowry. b. Solicitation for Community Advisory Commission for the Pur- pose of Community Development. Susan Frye explained her staff report concerning this agenda item, and the functions of this proposed advisory commission. The public was invited to submit their application as being interested in serving on the advisory commission. On Motion by Councilman Blankenship, seconded by Councilman Shaw, the City Council of the City of Beaumont authorizes solicitation for Community Advisory Committee for the Purpose of Community Development under the guidance of the Businessmen's Committee. AYES: Councilmen Blankenship, Shaw, Thompson, Mayor Pro Tem Hammel. NOES: None. ABSENT: Councilman Lowry _ d _ A -12: C. Commitment of 6th Year Program Entitlement Funds for the Riverside Planning Department's GBF /DIME Program. Susan Frye read her staff report in its entirety explaing the need to amend Council's previous motion concerning this commitment of entitlement funds. On Motion by Councilman Blankenship, seconded by Councilman Shaw, the City Council of the City of Beaumont amends motion by _ Councilman Lowry, seconded by Councilman Shaw on February 27, 1981, to read $4,272.00 rather than $3,750.00. AYES: Councilmen Blankenship, Councilman Shaw, Mayor Pro Tem Hammel. NOES: None. ABSENT: Councilman Lowry ABSTAIN: Councilman Thompson. ADD On Motion by Councilman Blankenship, seconded by Councilman Shaw, ITEM the City Council of the City of Beaumont adopts the recommendation of Mr. Bruce C. Daniels of Riverside County Community Development in its entirety. AYES: Councilmen Blankenship, Shaw, Thompson, Mayor Pro Tem Hammel. NOES: None. ABSENT: Councilman Lowry. d. Audit Report from Thomas, Byrne and Smith. Councilman Blankenship spoke giving the background of the investigative audit, and giving a brief summary of the contents of the audit. Councilman Blankenship then stated the recommendations contained in the audit report would be implemented 100% by the City Manager's office when the permanent City Manager is here. He then read the summation contained in the report. On Motion by Councilman the City Council of the Session for Personnel R On Motion by Councilman the City Council of the Session at 11:20 P.M. Blankenship, seconded by Councilman'Shaw, City of Beaumont adjourned to an Executive easons at 10:49 P.M. Blankenship, seconded by Councilman Shaw, City of Beaumont reconvened to Regular Let the record show no action was taken in Executive Session. There being no further business to come before the Council the meeting was adjourned at 11:22 P.M. Respe tfully submitted, LA VERNE JONE , City Clerk - 5 - BEAUMONT CITY COUNCIL MINUTES OF SPECIAL MEETING OF MARCH 4, 1981 The Beaumont City Council met in a special meeting at 10:00 A.M., in the City Manager's Conference Room at the Beaumont Civic Center, Wednesday, March 4, 1981, with Mayor Pro Tem Hammel presiding. A -1: CALL TO ORDER at 10:10 A.M. a. Pledge of Allegiance to the Flag was led by Councilman Shaw. b. On Roll Call the following Councilmen were present: Councilman Blankenship, Councilman Shaw, Mayor Pro Tem Hammel. Councilman Lowry was absent. A -2: On Motion by Councilman Blankenship, seconded by Councilman Shaw, the City Council of the City of Beaumont adjourned to an Executive Session for Personnel Reasons. A -3: On Motion by Councilman Shaw, seconded by Councilman Blankenship, the City Council of the City of Beaumont reconvened to regular session at 10:55 A.M. Let the record show no decisions were made and no action was taken in Executive Session. Meeting adjourned at 11:00 A.M. on Motion by Councilman Shaw, seconded by Councilman Blankenship. CHARD HAMMEL Mayor Pro Tem BEAUMONT CITY COUNCIL MINTUES OF SPECIAL MEETING OF FEBRUARY 27, 1981 The Beaumont City Council met in a special meeting at 1:00 P.M., in the City Council Chambers at the Beaumont Civic Center, Friday, February 27 „ 1981, with Mayor Pro Tem Hammel 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 Shaw, Councilman Lowry, Councilman Blankenship, Mayor Pro Tem Hammel. A -2: Authorization to Commit 6th Year Program Entitlement Funds ($3,750.00) for the Riverside Planning Department's GBF /DIME Program. The staff report concerning this agenda item was read by the Deputy City Clerk. On Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council of the City of Beaumont approves the Commitment of 6th Year Program Entitlement Funds in the amount of $3,750.00 for the Riverside Planning Department's GBF /DIME Program. AYES: Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Pro Tem Hammel. NOES: None. ABS: None. A -3: Review Request for Proposal for Comprehensive Community Planning. (a) This agenda item was explained by Mr. Norm Davis, Consultant for Grants Program. Susan Frye brought the Council up -to -date concerning the status of the interviews conducted by the General Plan interview committee. Their recommendation was for Beland /Associates, Inc. to be given this General Plan up -date. Mr. Davis asked the Council to adopt a resolution indicating their intent to award and accept the proposal of Beland /Associates to undertake a comprehensive community development plan which would include a general plan up- date,an economic development study and a sewer master study, which would be a plan for growth in this community, subject to the Community Development Committee's approval. On Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council of the City of Beaumont adopts Resolution No. 1981 -8 (this number assigned after the meeting) indicating their intent to award and accept the proposal of Beland /Associates, Inc. to undertake a comprehensive community development plan which would include a General Plan up -date, an Economic Develop- ment Study and a Sewer Master Study, subject to the Community Development Committee's approval. AYES: Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Pro Tem Hammel. NOES: None. ABS: None. A -3: Grant Status Consideration for Community Development Block Grant (b) Program. Mr. Norm Davis explained the different grant programs and their status. These included the sewer connector system, the Hershey Door Company problem(the 3rd Street by- pass), 6th Street Lift Stations, Neighborhood Strategy Area (NSA). ' At the request of Councilman Lowry, Mr. Davis gave a report concerning the reallocation of 3rd District road money that has been taken away from Calimesa. Kay Ceniceros has, in effect, complete control and discretion with these monies, totalling $200,000.00. Mr. Davis said he told Ms. Ceniceros that the City of Beaumont had two projects that we would like to proceed on, and submit a request for the money to be used on. $100,000.00 for signalization at 14th and Beaumont Avenue, and $15,000.00 for a cross -over and left turn lane at K -Mart on 6th Street. Ms. Ceniceros asked that a request be submitted to her so that consideration can be given to at least the K -Mart cross -over problem, since this is a life saving problem. Council is asked to take minute action authorizing that a letter be written to Kay Ceniceros asking for $15,000.00 for the K -Mart cross -over. On Motion by Councilman Blankenship, seconded by Councilman Lowry, the City Council of the City of Beaumont authorizes a letter to be written to Kay Ceniceros asking that $15,000.00 of the reallocated Calimesa Block Grant monies be considered 'for the K -Mart cross -over and left turn project. AYES: Councilman Shaw; Councilman Lowry, Councilman Blankenship, Mayor Pro Tem Hammel. NOES: None. AYES: None. At this point Mayor Pro Tem Hammel introduced Mr. Ken Hunter, who is a member of the International City Manager's Association organization termed the "Range Riders ". Mr. Hunter explained there are five "Range Riders" in the State of California. They are all retired, and have at least twenty -five years experience in City Government as City Managers. They come into a City by invitation only. Their service is to lend assistance to cities who are experiencing problems such as Beaumont has been experiencing. Mayor Pro Tem Hammel contacted Mr. Hunter, and he has come in response to that call. There being no further business before the Council, on Motion by Councilman Lowry, seconded by Councilman Blankenship, the meeting was adjourned at 2:30 P.M. AYES: Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Pro Tem Hammel. NOES: None. ABS: None. Respectfully submitted SHER N WATKINS, Deputy City Clerk BEAUMONT CITY COUNCIL MINUTES OF FEBRUARY 23, 1981 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, February 23, 1981, with Mayor Pro Tem Hammel presiding. A -1: CALL TO ORDER: a. Pledge of Allegiance to the Flag was led by Councilman Blankenship. b. Invocation was given by Pastor Dan Wells. c. On Roll Call the following Councilmen were present: Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Pro Tem Hammel. At this point Mayor Pro Tem Hammel read a letter of resignation received from Mayor Carl Peterson, resigning as both Mayor and a member of the City Council of the City of Beaumont, effective immediately. On Motion by Councilman Lowry, seconded by Mayor Pro Tem Hammel, the City Council of the City of Beaumont accepts the resignation of Carl Peterson. AYES: Councilman Shaw, Councilman Lowry, Mayor Pro Tem Hammel. NOES: Councilman Blankenship. ABS: None. Mayor Pro Tem Hammel then read a letter received from Acting City Manager John Swoda requesting to be returned to his permanent duty assignment as Vehicle Maintenance and Transportation Super - tendent. Mayor Pro Tem Hammel then asked Mr. Swoda, with the concurrence of the entire Council, if he would continue as Acting City Manager until they can find a way of replacing him in this position. Mr. Swoda agreed to continue in this position. Mr. Swoda was then commended by the Council for the good job he has been doing. A -2: On Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council of the City of Beaumont approves the Minutes of Regular Meeting of February 9, 1981, and Adjourned Meeting of February 11, 1981 (adjourned from February 9, 1981) as published. AYES: Councilman Shaw, Councilman Lowry, Mayor Pro Tem Hammel. NOES: Councilman Blankenship. ABS: None. A -3: On Motion by Councilman Blankenship, seconded by Councilman Shaw, the City Council of the City of Beaumont accepts Planning Commission minutes of Organizational Meetings of January 15, January 22 and February 5, 1981. AYES: Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Pro Tem Hammel. NOES: None. ABS: None. A -4: On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont approves the payment of warrants as audited per Warrant List of February 23, 1981, in the amount of $56,534.62, and payroll of February 6, 1981, in the amount of $20,362.98. AYES: Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Pro Tem Hammel. NOES: None. ABS: None. Page 1 A -5: ORAL COMMUNICATION: a. A letter received from the Beaumont Chamber of Commerce was read by the City Clerk, thanking the City for the donation of the property on which they plan to build their permanent offices, and asking the City to waive the permit and hook- up fees for this project. On Motion by Councilman Blankenship, seconded by Councilman Lowry, the City Council of the City of Beaumont waives the permit fees and the hook -up fees for the Beaumont Chamber of Commerce permanent office building project. AYES: Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Pro Tem Hammel. NOES: None. ABS: None. b. Mr. Irish Mitchell addressed the Council responding to alle- gations made against him at the regular Council meeting of February 9, 1981. He requested that the City Clerk include his comments in the minutes as a matter of record. They are as follows: Mr. Martin obtained privileged information on a false mis- demeanor gun charge and convinced Councilman Lowry and Norm Davis into reading his doctored version in public. I can better clarify their error to them when they meet me in both criminal and civil court, which will be the simplest way to do that. Now, it is well, always, to identify the parties who are your accusers, and I think this is a general policy when you are accused to identify who your accusers are. So we will start first with Mr. Davis. Mr. Davis is a gentleman who has introduced himself as City Manager to the Community Development Department of Riverside County to obtain certain City documents. He has been introduced by Hammel and Lowry as the new City Manager. He is the only man, to my knowledge, that, while in public office in Riverside County, has been indicted by a Grand Jury on felony charges. After being soundly defeated for re- election for Supervisor in 1976, he accused the Press - Enterprise . . . Mr. Mitchell was interrupted at this point by Mayor Pro Tem Hammel stating he was only supposed to be talking about Mr. Mitchell. Mr. Mitchell replied he was only identifying who is accusing him of misdeeds. Mayor Pro Tem Hammel: No sir. You just read that Mr. Hammel introduced Norm Davis as the new City Manager, which is not so- that is a lie. And I am going to tell you it is a lie. Mr. Mitchell: I expected this meeting this way tonight, so I will go into the next one. Councilman Blankenship: (after interruption by another member of the audience) Your Honor, Mr. Mitchell has the floor, you gave him the time. I saw this man sacrificed a few weeks ago, and I didn't see anybody come in his defense, nobody but offense. And like I said two weeks ago, it is so unamerican, but, by george, I'm going to fight anybody in this place, physically or mentally, if he doesn't get to say his piece. Mayor Pro Tem Hammel: Keep going. Mr. Mitchell: Mr: Martin, using unintelligibly did distribute scares, lies, relative to some alleged misdeameanors. Now the driving record. I have never in my life had a drivers license either suspended or.revoked. Nor have I ever driven without insurance. I have now, and have had, a drivers license at all times since 1932. I have carried insurance at all times since 1932. The only thing that Mr. Martin has. accomplished in this is to put in jeopardy a number of funds. I am quite sure that Mr. Hammel will not let me finish this because this is not his way of doing things, but I will read Page 2 his until he stops me. There was a letter dated February 9, 1981 from Economic Development Administration for the 1981 -1982 project proposals funding . . . Mayor Pro Tem Hammel: This has nothing to do with the sub- ject. Northing whatsoever. Mr. Mitchell: In other words you don't want to hear how your maneuvers, Mr. Lowry and yourself, and a few of the others, including your friend John Mullin and a few of the others, maneuvered . . . a group of ten people . . . you don't want to hear how you have cost this City close to a million dollars in grant funds over nine years. You don't want to hear that now, do you? I don't blame you for not wanting to hear it. And, I am sure that Mr. Shaw does not want to hear . . . Councilman Lowry: We haven't been here nine years. Mr. Mitchell: How he double- crossed all of the senior citi- zens with his vote just a few moments ago. A complete double -corss of the senior citizens. I have given the entire text of this to the newspapers. I am quite sure that they will have a portion of it. I knew that we would be in a kangaroo court when you were the Mayor. The only thing missing is a swastika and a SS band, and I want this in the minutes of the meeting. And you have done this consistently. Mayor Pro Tem Hammel: Let me tell you something. I was over there for you. Mr. Mitchell: I bet you were. Mayor Pro Tem Hammel. Yes sir: I was over there in an American uniform. Mr. Mitchell: It is a wonder they didn't get you for a spy. Mayor Pro Tem Hammel: You make me sick. That is enough of this. Let's continue. Your seven mintues are up. Norm Davis: Mr. Mayor, I really hesitate to speak, but since it was alluded to the fact that I represented myself to County officials as the City Manager of this community, I think I must respond. I don't want to, but I must. There is nobody at the County level who would ever say that I repre- sented myself as City Manager. Three of the men that Mr. Mitchell alluded to are sitting in this room. Mr. Daniels, Mr. Joe Hernandez and Mr. Ken Hagerman. I ask any one of them if they ever heard me say any such thing, to come up here and tell you gentlemen of the Council that. Because that is an absolute outright lie. Mayor Pro Tem Hammel: Thank you Mr. Davis. A -6: ORDINANCE NO. 522 - Amendment to Ordinance No. 329, for the Purpose of Revising Certain Allowable Levels of Waste. FIRST READING. Ordinance No. 522 was read by title only by the City Clerk. On Motion by Councilman Lowry, seconded by Councilman Blankenship, the City Council of the City of Beaumont approves Ordinance No: 522 for its first reading. AYES: Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Pro Tem Hammel. NOES: None. ABS: None. Page 3 A -7: ORDINANCE NO. 523 - Amendment to Ordinance No. 416, for the Purpose of Clarifying Laundering of Clothes in Public or Commercial Laundries. FIRST READING. Ordinance No. 523 was read by title only by the City Clerk. On Motion by Councilman Lowry, seconded by Councilman Blankenship, the.City Council of the City of Beaumont approves Ordinance No. 523 for its first reading. AYES: Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Pro Tem Hammel. NOES: None. ABS: None. A -8: RESOLUTION NO. 1981 -4 - Intention to Enter into an Agreement with the County of Riverside on their Area Program of Housing Rehabilitation for the San Gorgonio Pass through Low Interest Loans. Mr. Bruce Daniels, of Riverside County Community Development, addressed the Council and the audience regarding the subject program, and answered questions from the Council. Resolution No. 1981 -4 was read in its entirety by the City Clerk. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont adopts Resolution No. 1981- 4 stating their intention to enter into an agreement with the County of Riverside on their Area Program of Housing Rehabili- tation for the San Gorgonio Pass throught low interest loans. AYES: Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Pro Tem Hammel. NOES: None. ABS: None. A -9: RESOLUTION NO. 1981 -5 - Proposing Small Cities be Afforded the Opportunity of Participating in the Development of the Program for the California League of Cities Annual Conference. A letter received from the City of Firebaugh explaining the purpose of this resolution was read by the Acting City Manager. Resolution No. 1981 -5 was read in its entirety by the Acting City Manager. On Motion by Councilman Lowry, seconded by Councilman Blankenship, the City Council of the City of Beaumont approves and adopts Resolution No. 1981 -5 proposing small cities be afforded the opportunity of participating in the development of the program for the California League of Cities Annual conference as read. AYES: Councilman Shaw, Councilman Lowry, Couucilman Blankenship, Mayor Pro Tem Hammel. NOES: None. ABS: None. A -10: RESOLUTION NO. 1981 -7 '- Requesting State Legislature to Amend the California Vehicle Code to Enable Law Enforcement Agencies to Impound those VEhicles with California Plates that have Outstanding Parking Citations. A staff report from the Chief of Police concerning this proposed resolution was read by the Acting City Manager. There was discussion regarding what the passing of this resolution and the amendment to the California Vehicle Code would cost the City by way of a secured impound yard, the amount of officer time which would be used, the towing fees, etc. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont tables Resolution No. 1981- 7 for further study. Page 4 A -11: MAYOR/COUNCILMEN REPORTS /COMMENTS: a. Replacement of Photocopy Machine at City Hall. The staff report concerning this request was read by the Acting City Manager. On Motion by Councilman Blankenship, seconded by Councilman Shaw, the City Council of the City of.Beaumont authorizes staff to test the machines and lease the machine of their choice. AYES: Councilman Blankenship, Councilman Shaw, Councilman Lowry, Mayor Pro Tem Hammel. NOES: None. ABS: None. b. Mr. Jim Blackmon addressed the Council asking the Council to give serious consideration to naming Norm Davis as City Manager. c. Mr. Oscar Berg addressed the Council calling their attention to all of the improvements Mr. Norm Davis has been instrumental in getting for the City of Beaumont, and recommending Mr. Davis for the position of City Manager. d. Councilman Lowry introduced the subject of Maple Avenue, and asked Mr. Norm Davis to give his report. Pricy to Mr. Davis' report, Councilman Blankenship asked to speak regarding the subject, and stated the City had been put on notice regarding the condition of Maple Avenue, that Request for Bids had been published, a bid received, money was available, so why didn't they go ahead and award the bid and get the work done before the City is sued. Mr. Davis reported that he could absolutely assure the City that the County would come in and do the work for the City after having talked with the Road Commissioner, Jack Newcombe. There is a limitation on the amount of work they will do, by order of the County Counsel, because they do not want the County, in effect, doing City work in competition with private contractors. He advised he had written the Board of Supervisors, at the direction of the Council, and this was referred to the Board of Supervisors as of last Tuesday, and it takes a minimum of week to get through the channels down to the Road Commissioner. Although Mr. Newcombe had not received the official request from the Board to react, he was already reacting, and he could promise Mr. Davis, or at least his recommendation back to the Board would be an answer favorable to this community. Mayor Pro Tem Hammel asked Mr. Davis if he would be willing as a citizen, not as a job connected effort, to get this Street in, and would he work in conjunction with the Council's committee on the grants. Mr. Davis indicated he would be willing to do so. The Acting City Manager was asked if he had received any communication from the County concerning Maple Avenue, and Mr. Swoda said he had been contacted by Mr. Newcombe late this afternoon indicating that the County would have to decline, since it had already been put out for bid. Mr. Davis stated that, as he recalled, it was not out for bid - that one bid had been received, and he would agree with the County not wanting to be in conflict with local contractors, however, at the stage it is up to Jack Newcombe to take a report back to the Board and he, Mr. Davis, would say that he would intercede with Kay Ceniceros and the rest of the members of the Board, and it will be a Board decision. Page 5 Mr. Gene Thompson and Mr. Jim Blackmon both addressed the Council on the subject of a Planner, stating that the City needs a qualified Planner at the earliest possible date to lend guidance to the City regarding future development - development which the City needs. Mr. Bruce Daniels of the County of Riverside Community Development addressed the Council and the public stating their grave concern regarding the management capacity of the staff to carry out the federal programs in a timely manner. He went on to explain the timetable which has been drawn up for the City of Beaumont. Mr. Norm Davis addressed the Council, stating that if they want him to help they are going to have to say as a Council that they want to hire him as a free consultant. If they want to tell him that he has the ability to utilize the City Manager, the Grants Coordinator, the City Attorney, the City Engineer, anybody else, at any one particular moment, to get a contract ready, etc., - if they want to say that to him, then he is willing to work with them for nothing and achieve that. On Motion by Councilman Lowry, seconded by Mayor Pro Tem Hammel, the City Council of the City of Beaumont authorizes Norm Davis to act on the City's behalf regarding the Grants. AYES: Councilman Lowry, Mayor Pro Tem Hammel. NOES: Councilman Blankenship ABS: Councilman Shaw. An Executive Session was requested by Councilman Shaw for discussion re- garding this matter. The City Council - adjourned to Executive Session at 9:27 P.M. On Motion by Councilman Blankenship, seconded by Councilman Shaw, the City Council of the City of Beaumont reconvened to regular session at 9:45 P.M. On Motion by Councilman Lowry, seconded by Mayor Pro Tem Hammel, the City Council of the City of Beaumont accepts Norm Davis' offer to act as Grants Administrator to assist Susan Frye in obtaining the City's grants, with no compensation other than out -of- pocket expenses. AYES: Councilman Shaw, Councilman Lowry, Mayor Pro Tem Hammel. NOES: Councilman Blankenship. ABS: None. Mr. Brian Ross, of Parks and Recreation, requested to address the Council concerning an existing Bond Act Grant that was given from the State, and the Recreation and Park District was instrumental in receiving this grant for the owners of record, which was the City, for the Civic Center rehabilitation. That is how the money was originally given to the City. Since Parks and Recration were not the owners of this particular thing, the money came to the City to do the Civic Center rehabilitation. The rehabilitation work started last September, and has dragged on for all of this time, for approximately a year and one -half. 90% of the monies were advanced by the State for this particular work. 10 % is held back by the State for completion of the grant pending the audit of the grant. During this particular process a number of things came up which concerned the City Council, and this project lapsed quite a bit. The original contractor was paid off prior to any inspection being done by the City of the work, and, therefore, left a number of items to be done regarding completion of the job. They, as the District, and the City have, at various times, especially lately by the City, completed work on the particular facility. During the interim a committee was set up twice, the last time with Mr. McAlpine, with a number of individuals involved. At that time certain priorities as far as getting this project underway were agreed upon by the committee, among which was an agreement by the City's representative at that point, to provide the materials for the refinishing of the gym floor, Parks and Recreation agreed to provide the labor for that floor. That has never been done, and that is the particular thing he is asking now - some progress on the refinishing pa vt- R of the floor, and he has talked with the current City Manager regarding this, and has asked him to go to the City Finance Director to see what monies are expended on this - however - he does not feel it is his prerogative or position to try to obtain an accounting from City Personnel when dealing between interagencies in this matter. They are asking that the City honor their agreement inasmuch as they have already expended money since the facility has been lacking for a year and a half to get this final phase of the facility out of the way with the other work that has been completed. After that is completed, the City will be left with the one particular problem, which is handicapped access as terms of the grant, because you cannot complete the grant until that particular portion is finished. The cost for refinishing the gym floor would be $500.00, of which approximately $125.00/150.00 would be for one time purchase of materials. Parks and REcreation will provide the labor - they need the money for the materials On Motion by Councilman Lowry, seconded by Councilman Shaw, the meeting was adjourned at 10:00 P.M. Respectfully submitted, LA VERNE JONES City Clerk Page 7 BEAUMONT CITY COUNCIL MINUTES OF SPECIAL MEETING OF FEBRUARY 20, 1981 The Beaumont City Council met in a Special Meeting at 3:41 P.M., in the City Manager's Conference Room at the Beaumont Civic Center, Friday, February 20, 1981, 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 Lowry, Councilman Blankenship, Mayor Peterson. A -2: 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 3:48 P.M. A -3: On Motion by Councilman Hammel, seconded by Councilman Shaw, the City Council of the City of Beaumont reconvened to Regular Session at 4:13 P.M. Let the record show no decisions were made in Executive Session. On Motion by.Councilman Lowry, seconded by Councilman Shaw, the meeting was adjourned at 4:33 P.M. CARL PETERSON, Mayor - A BEAUMONT CITY COUNCIL MINUTES OF ADJOURNED MEETING OF FEBRUARY 11, 1981 (Adjourned from February 9, 1981) The Beaumont City Council met in an Executive Session for Personnel Reasons, adjourned from February 9, 1981, at 3:40 P.M., in the City Manager's Conference Room at the Beaumont Civic Center, Wednesday, February 11, 1981, with Mayor Carl Peterson presiding. A -1: On Roll Call the following Councilmen were present: Councilman Hammel, Councilman Lowry, Councilman Blankenship, Mayor Peterson. Councilman Shaw was absent. A -2: Executive Session for Personnel Reasons: Let the record show the Executive Session for Personnel Reasons was for the purpose of conducting an investigation of a member of the staff, and no action was taken. On Motion by Councilman Blankenship, seconded by Councilman Hammel, the meeting was adjourned at 5:00 P.M. Respectfully submitted, CARL PET,RSON, Mayor BEAUMONT CITY COUNCIL MINUTES OF FEBRUARY 9, 1981 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, February 9, 1981, 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 Pastor Dan Wells. C. On Roll Call the following Councilmen were present: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. A -2: On Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council of the City of Beaumont adjourned to an Executive Session for Litigation and Personnel Purposes at 7:45 P.M. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: Councilman Blankenship. ABS: None. On Motion by Councilman Hammel, seconded by Councilman Shaw, the City Council of the City of Beaumont reconvened to regular session at 8:12 P.M. Let the record show that no decisions were made in Executive Session. Presentations were made by the attorneys, and it was decided that an open presentation be made before the public, and an open vote by the Council in front of the audience regarding the litigation .concerning the Simmons project. Jim Warren, Attorney of Record for the City of Beaumont then gave his presentation 1) giving the history of the litigation; 2) advising the Luling by Judge Hennigan of the Riverside Superior Court in favor of the plaintiff, Simmons; 3) the fact that he has requested Findings of Fact and Conclusions of Law in prepara- tion for filing an appeal, which he feels would be prohibitive, cost -wise, for the City of Beaumont to pursue; and, 4)'outlining the compromise discussed at a meeting held at the Beaumont City Offices on January 29, 1981, which was attended by City Attorney Harry Dougherty, Mayor Peterson, himself and his associate James Cox, Attorney Brunick (attorney for Mr. Simmons), Mr. E. Wayne Simmons and Mr. William Simmons, which is as follows: 1. Mr. Simmons would dismiss the lawsuit. 2. Mr. Simmons has agreed to allow complete inspections by the County of Riverside Building Department of the present foundation and slab that is currently at the site and the plumbing that is currently at the site. 3. Mr. Simmons would do a work -up as far as the drainage of the property is concerned, and would submit it to the City Engineer for approval. 4. Will submit a site plan which would include existing topography, contours, boundaries, existing buildings which are at completed foundation stage as per approved site plan, engineering of water drainage, curb, gutter and alley paving as per Item No. 6 of site plan approved dated June 26, 1980. 5. Will supply a letter from the Fire Department and agree to meet their requirements before occupancy. Page 1 Mr. Warren's recommendation as the only economical solution that the City of Beaumont has,is to work out a settlement on the terms and conditions as stated above. City Attorney, Harry Dougherty, concurred with Attorney Warren's recommendation. There was further discussion from the floor and from the Council concerning the Simmons project and the proposed settlement. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont accepts the settlement proposal for the Simmons litigation as outlined above. AYES: Councilman Hammel, Councilman Shaw, Mayor Peterson. NOES: Councilman Blankenship. ABS: Councilman Lowry. A -3: On Motion by Councilman Blankenship, seconded by Councilman Shaw, the City Council of the City of Beaumont approves the Minutes of Regular Meeting of January 12, 1981, Regular Meeting of January 26, 1981, Adjourned Meeting of January 28, 1981 (adjourned from January 12, 1981) and Special Meeting of February 2, 1981 as published. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. At this point, at the request of a member of the audience, the Minutes of the Special Meeting of February 2, 1981 were read in their entirety. There was then discussion regarding whether or not the special meeting for'the purpose of an Executive Session for Personnel Reasons was properly posted, and the newspapers notified. It was ascertained it was properly posted, and the newspapers notified. Mr. Norm Davis then addressed the Council stating his objections to the minutes being approved without the public given an opportunity to state their objections to actions taken and documented in the minutes. He then proceeded to state his objections to the action taken in the Executive Session held during the special meeting of February 2, 1981. ADD- On Motion by Councilman Lowry, seconded by Councilman Hammel, ITEM: the City Council of the City of Beaumont rescinds the action of the Council Meeting of February 2, 1981 to retain Irish Mitchell as a Consultant in Planning to assist the City Manager at the City Manager's discretion, and hereby instructs the City Manager that using Irish Mitchell in any capacity in the future will be insubordination to the will of this Council subject to dismissal from employment. A -4: AYES: Councilman Shaw, Councilman Hammel, Councilman Lowry. NOES: Councilman Blankenship, Mayor Peterson. ABS: None. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont approves the payment of warrants as audited per Warrant List of February 9, 1981, in the amount of $58,657.09, and payroll of January 23, 1981, in the amount of $20,694.66. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. Page 2 A -5: ORAL COMMUNICATION: 1. Riverside County Fire Department regarding Community Fireworks Display. The request from the Riverside County Fire Department was explained by the Acting City Manager, and the re- presentative from the volunteers, Roger Berg, went into further detail, explaining the fire department no longer has the personnel or the money to sponsor this event, and asked if the City could donate $1,500.00 towards the cost and that perhaps the Chamber of Commerce or Parks and Recreation could take over the sponsorship and collection of other donations for the fireworks display. Councilman Shaw suggested that each of the Councilman donate at least $100.00 of their monthly salary, since the City did not have the money available. Each of the Councilmen donated as follows: Shaw, $100.00 - Blankenship, $150.00 - Hammel, $100.00 - Lowry, $100.00 - Mayor Peterson - $200.00. 2. Cherry Valley Brethren School Request for Permission to Conduct a Bike -A -Thon on March 14, 1981. Mr. Vince Papetti, representing the Cherry Valley Brethren School, addressed the Council giving the details of the event. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont gives their permission for the Cherry Valley Brethren School to Conduct a Bike -A -Thon in the City of Beaumont on March 14, 1981. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. 3. James Schulties, representing the Beaumont Police Reserves. Mr. Schulties addressed the Council describing the cost factors of maintaining the reserve forces and recruiting new reserves, the amount of money a reserve pays out himself in order to become a reserve, and the amount of hours without compensation which are donated by the reserves and asked the Council if the City could establish a special fund, separate from the Police Department budget, to assist the reserves. The Council advised Mr. Schulties they will give every consideration they can to his request, and will be in a position to tell him more after the budget has been finalized. A -6: RESOLUTION NO. 1981 -4 - Entering into an County of Riversfde on their Area Program litation and Code Enforcement with Blight A -7: Agreement with the of Housing Rehabi- Control. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont tables Resolution No. 1981 -4 for further information. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: Councilman Blankenship. ABS: None. RESOLUTION NO. 1981 -5 - Supporting the Passage of Senate Bill 33_- Vehicle Inspection and Maintenance. Page 3 On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council does not adopt Resolution No. 1981 -5. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. A -8: United Cerebral Palsy Association of California, Inc. - Request for Fee Exempt Status for Solicitation. On Motion by Councilman Shaw, seconded by Councilman Blankenship, the City Council of the City of Beaumont grants the request of the United Cerebral Palsy Association of California, Inc. for a fee exempt status for solicitation. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. A -9: Maple Avenue Rehabilitation. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont tables Agenda Item A -9 until a report from Mr. Norm Davis is received concerning the County of Riverside's ability to resurface Maple Avenue. AYES: Councilman Blankenship, Councilman Shaw, Councilman Hammel, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. A -10: Request of Increase of Rubbish Service Rates. On Motion by Councilman Blankenship, seconded by Councilman Shaw, the City Council of the City of Beaumont grants the request of Inland Disposal, Inc. to increase the rubbish service rates as outlined in the staff report. AYES: Councilman Blankenship, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: Councilman Hammel. ABS: None. A -11: This Agenda Item was heard out of sequence. MAYOR /COUNCILMEN'S REPORTS /COMMENTS: a. Mr. Irish Mitchell gave his report concerning the status of the City of Beaumont's grant programs. b. The quarterly bus report was given by John Swoda. C. The status of the re- roofing of City Hall was given by John Swoda. d. Budget Review. On Motion by Councilman Shaw, seconded by Councilman Blankenship, the City Council of the City of Beaumont returned the budget to staff for evaluation of expendi- tures and projected revenues. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. A -12: This Agenda Item was heard out of sequence. RESOLUTION NO. 1981 -6 - Adopting an Addendum to a Certain Contract Between the City of Beaumont and Hicks and Hartwick in Connection Page 4 with a Joint Project Funded by Economic Development Administration Housing and Urban Development Agency, in Connection with Sewer Collection System No. 1979 -1, in which said Hicks and Hartwick are to perform certain Engineering Services for the City of Beaumont. On Motion by Councilman Lowry, seconded by Councilman Blankenship, the City Council of the City of Beaumont adopts Resolution No. 1981 -6 adopting an Addendum to a certain contract as described in the title of the resolution, and thereby pay Hicks and Hartwick 900 of the total fee for their design services. 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 at 11:22 P.M. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont reconvened to regular session at 11:54 P.M. Let the record show action taken in the Executive Session is as follows: Council acted on a grievance request by a city employee. It was moved by Councilman Blankenship, seconded by Councilman Shaw, that pertinent documents be turned over to the city employee and that his request for an oral interview be granted and set for Wednesday, February 11, 1981, at 3:30 P.M., at the City Manager's Office at the City Hall at Beaumont, California. The City Manager is directed to deliver requested documents to the employee and to inform the city employee as to the date, time and place of the oral interview. 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 City Council of the City of Beaumont grants the request of Mr. Irish Mitchell to work with John Swoda for two additional days to transmit information pertaining to the City. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: Councilman Blankenship. ABS: None. On Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council of the City of Beaumont adjourns to an Executive Session for Personnel Reasons on February 11, 1981 at 3:30 P.M., in the City Manager's Conference Room, at 12 :03 A.M. Respectfully submitted, LA VERNE JONES _ City Clerk Page 5 BEAUMONT CITY COUNCIL MINUTES OF SPECIAL MEETING FEBRUARY 2, 1981 The Beaumont City Council met in a Special Meeting at 3:35 P.M., in the City Manager's Conference Room, Monday, February 2, 1981, 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 diquensed with. C. On Roll Callthe following Councilman were present: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. A -2: On Motion by Councilman Shaw, seconded by Councilman Blankenship, the City Council of the City of Beaumont adjourned to an Executive Session for Personnel Reasons at 3:45 P.M. AYES: Councilman-Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. On Motion by Councilman Blankenship, seconded by Councilman Lowry, the City Council of the City of Beaumont reconvened to regular session at 4:50 P.M. Let the record show action taken in Executive Session is as follows: On Motion by Councilman Lowry, Seconded by Councilman Hammel, the City Council of the City of Beaumont retains Irish Mitchell for grants until February 9, 1981, and will reconsider any continuance on February 9, 1981. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. On Motion by Councilman Blankenship, seconded by Councilman Shaw, the City Council of the City of Beaumont retains Irish Mitchell as Consultant in Planning to assist the City Manager at the City Manager's discretion, not to exceed July 1, 1981, pursuant to all insurance coverages. AYES: Councilman Shaw, Councilman Blankenship, Mayor Peterson. NOES: Councilman Hammel. ABS: Councilman Lowry There being no further business to come before the Council, on Motion by Councilman Blankenship, seconded by Councilman Lowry, the meeting was adjourned at 4:51 P.M. Y CARL PETM SON, Mayor BVAUNIONT CITY COUNCIL o}- A!),-'(-- 1TRNh!) biri;' l iG 01' JANLARY 28, 1981 (Adjourned from January 26, 1981) The Beaumont City Council met in an Adjourned Meeting at 3:33 P.M., in the City Council Chambers at the Beaumont Civic Center, Wednesday, January 28, 1981, with Mayor Peterson presiding. A -1: CALL TO ORDER: a. Pledge of Allegiance to the Flag was led by Councilman Shaw. 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: Request for Authorization to Hire License Inspector. The Acting City Manager read the staff report covering the request in detail. In response to questions from the Council the City 4ianager stated this would be a part -time position with a salary of approximately $6.00 per hour; not to exceed 20 hours per week. On Motion by Councilman Shaw, Seconded by Councilman Blankenship, the City Council of the City of Beaumont gives authorization to designate the position of Business License Inspector pending approval of the 1980 -81 budget and availability of funding, and in addition this inspector will have the authorization to enforce Ordinance 490, Section 203.1 Environmental Standards. AYES: Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: Councilman Hammel. A -3: Selection of Auditing Firm for Investigative Audit. Councilman Blankenship read the letters received from Ecker, Bigbie & Company and Thomas, Byrne & Smith, and answered questions from the Council. Councilman Lowry read the letter received from Thomas, Byrne & Smith dated January 26, 1981. There was further discussion from the floor and from the Council, as well as response to questions by Richard Byrne of Thomas, Byrne & Smith. Motion by Councilman Blankenship to adjourn to an Executive Session died for lack of a second. On Motion by Councilman Blankenship, Seconded by Councilman Hammel, the City Council of the City of Beaumont retains the Certified Public Accountant Firm of Thomas, Byrne & Smith to do the investi- gative audit. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. A -4: RESOLUTION No. 1981 -3 - Regarding the Disability of Thomas L. Nelson. The Acting City Manager read letter received from the State Compen- sation Insurance Fund regarding need for Council action regarding disability. On Moti;)n by C(,11nci1.':an. Lo ,k r V , SE_C ondE?d by Coul.cll,,;a _, S t' :ti, tI t' City Cou..c�l of t:]e' City of LE:aUm�)Ilt adopts Resol?.r.tzoi' S as read by title only regarding the disability of L. Nelson. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None, ABS: None. The following discussion shall become a part of the record: Councilman Lowry: I would like to ask Councilman Blankenship, he held up a contract with Irish Mitchell at the meeting on January 26. I would like a copy of that contract as you have it. Councilman Blankenship: Your Honor, I think Mr. Hammel and Mr. Lowry have a hearing problem. Councilman Hammel: Oh, both of us. Councilman Blankenship: Let me finish, Your Honor, I will hold this up again. Councilman Lowry: No, we want a copy of it. We want to take it to . . . Mayor Peterson: He is responding. You made a request. He is responding to you now. Councilman Blankenship: I questioned Mr. Hammel Monday night and asked him if he remembered voting for and hiring Mr. Mitchell. Councilman Hammel: You weren't on the Council then. Councilman Blankenship: That you voted for, and hired Mr. Mitchell. That's right - I asked you. You denied it. And I said, Mr. Hammel, I have the minutes of September 18, 1980 right here in my hand showing me that in A -4 you had a Service Agreement with Mr. Mitchell, and that you voted,by your recommendation, to retain Mr. Mitchell as a consultant. Councilman Hammel: Correct. Councilman Lowry: What date was that minutes? - Councilman Blankenship: September 18, 1980. But I want the record to show to Mr. Lowry and Mr. Hammel, at no time did I say I had a contract here. Councilman Lowry: Those minutes as you read them are incorrect, because there was a special condition put on there that until . . . Councilman Blankenship: There was a special condition that he had automobile insurance . . . Councilman Lowry: That he had to have liability insurance, not auto insurance, liability insurance. Councilman Blankenship: Liability insurance, and it was shown he proved that he did have, and so you people hired, you people I said, the Council . . . Councilman Lowry: No we did not, that contract has never been signed. Councilman Blankenship: You were not on the Council. Councilman Lowry: I don't care, I have looked up the matter. Councilman Blankenship: Well, God'Bless You, but, Mr. Lowry, I hope you have something to do with your hearing problem, because at no time did I tell you, or Mr. Hammel, or anybody in this audience, or anyone, that I had a contract right here. Councilman Hammel: You showed it, Monday night, like so. Councilman Ok_ now Mr . Ha mire 1 . Councilman Hamanel: And I d (-,.,'t ha,.ve a hearing proble! -,t. Councilman Blankenship: Mr. Hammel, the minutes of Council Meeting Monday night are going to be made verbatim Councilman Hammel: I hope so. Councilman Blankenship: And then, I hope, once and for all that the next time somebody says something that you gentlemen do not take it out of context, but listen and pay attention to what somebody says, and not what you want to hear. Councilman Lowry: That item was tabled that night on the 18th, and no action was taken thereafter. Norm Davis: Mr. 'Mayor, is the Council now saying there is no contract, because I certainly was told when I came to this micro- phone that night there was a contract. Councilman Blankenship: There is a contract in existence. As a matter of fact, the City Attorney, our own City Attorney, has a copy of that contract right now. ' Councilman Lowry: He is looking it over, but there is no . . . Mr. Davis: Your giving the impression, all of a sudden, there is no contract, but now . . . Councilman Blankenship: Who gave the impression . . . Councilman Lowry: I am. It is not signed. The Mayor hasn't signed it to this date. Mr. Davis: Just trying to get it clear, because certainly when you sit out here and listen, you get one picture and then you get another one. Mayor Peterson: Councilman Lowry, I guess it is illegal to bet in any way, shape or form, because California doesn't allow gambling, but I wish to God you would be careful of the statements you make, okay. How you can sit there and say I have not signed a contract, when you have not the full knowledge of the situation is totally beyond me. That is absolutely irresponsible, and I want that part of the record, all right? Councilman Lowry: All I am asking for is to see that contract. Mayor Peterson: Irresponsible statement, all right? Councilman Lowry: No it isn't, I want to see that contract with your signature on it. Mayor Peterson: Everyone has a right to see it, but why you can sit there and make an irresponsible statement, then, if you have not seen it, is beyond me. Councilman Lowry: Because all I have seen, out of the City records here, is one which isn't signed. Councilman Blankenship: Mr. Lowry, you just stated to me that they took no action that night, didn't you? Councilman Lowry: That they tabled it, but you said there was a contract. Councilman Blankenship: Okay, now wait a minute, wait a minute, they voted on it that night. Councilman Lowry: No, they tabled it. When you table it, you don't vote on it. Mayor Peterson: Let me interfer just one time. It was temporarily tabled. We hired the management company, and then we went right back to that item, and it was passed. Let me reassure you, I know tCiat 15 E':C?'_tZ_y %v!l�lt d. Councilman Blan':l-Ic- nshi.p: Let me read it to you. Mr. Lowry and `.!r. Hammel, please pay- attention. 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 sub- ject to review and approval by the insurance carrier responsible for insuring the City of Beaumont against all claims, accidents and incidents for acts and orrimissions 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 Mitchell dba Project Management Company, subject to the amendment of Article 7 concerning insurance. Councilman Hammel: Subject to . . . Councilman Blankenship: Ayes, Councilman Hammel, Councilman Shaw, Mayor Peterson. Councilman Hammel: Subject to. Read that item, Subject to. Councilman Blankenship: Subject to insurance. Councilman Hammel: And this subject to never came off. It was never come off. Councilman Blankenship: That matters not to me, because I wasn't on the Council at that time . . . Councilman Hammel: But, I'm tell you Mayor Peterson: He presented to the City a copy of an insurance binder. Councilman Hammel: And that was not approved. That insurance policy. Mayor Peterson: He presented a copy of the insurance to the City. Councilman Lowry: There is no big problem. As a matter of public record, if there is a contract that is signed, I would like to have my copy as a Councilman. Now is there any problem there? Mayor Peterson: No one ever said there was a problem there. Only in your interpretations. John Mullen: I just heard you say that Irish Mitchell showed you a binder, or something, of insurance, and it states here - This agreement is subject to review and approval by the insurance carrier responsible for insuring the City of Beaumont. Not Irish Mitchell's insurance company. You just said Irish Mitchell gave you a binder. This says a review by the insurance carrier of the City of Beaumont. That is what this says in your own minutes. Do you have a statement from the insurance carrier like he is referring to, and everybody would like to know, does the City of Beaumont insurance carrier insure Irish Mitchell as your employee, or whoever's employee he is? Mayor Peterson: He does not have to be insured by ours. He is contractor, separate like any other contractor. John Mullen: That isn't what this says, Carl. It says this agree- ment is subject to review and approval by the insurance carrier responsible for insuring the City of Beaumont. Mayor Peterson: He does not have to be - he is not insured under the insurance carrier of the City, like any other contractor is not. John Mullen: In other words, any employee of the City can go get his own insurance. Mayor Peterson: We didn't say employee. We said contractor, there is a difference. Ci)I,z?t'11 "i) 1311 `1 : ( -,ns", i p John Mullen: What is he? Mr, Mir. i 1, i; not an cmp?c_ rye of tht, Cir„ . Councilman Blankenship: He is a consultant. John Mullen; Well, what about his agreement. Councilman Blankenship: That agreement is a consulting . . . Mayor Peterson: There is a big difference. John Mullen: It says on this page, the contract was explained by Mayor Peterson. The contract was read in its entirety by the Deputy City Clerk. And if he is not employed by the City, where do you get . . . where is it here . . . the first and third Friday, yeah, determination of fees will be on the first and third Friday of each month. This Agreement may be terminated by either party on one week's written notice, and everything else so I mean he is not employed by the City? Councilman Blankenship: He is on a contract consulting basis, that is all. John Mullen: Well, then we will get back to the City Manager Ordinance, in other words, the City Council goes out and hires anybody- he wants to . . . Councilman Blankenship: The City Council did not hire Mr. Mitchell. The City Manager hired Mr. Mitchell. John Mullen: Well I got a letter over here that I read the other night. The City Manager fired him too. Councilman Blankenship: I don't think he fired him, but the City Manager right here hired Mr. Mitchell. Yes, he has the authority to hire anybody wants to. John Mullen: Somebody read it, yes, I gave it to Irish Mitchell, Irish Mitchell read it, that he was terminated and he was . . . Mayor Peterson: The attorney explained the termination very ably, sitting right over here, if you would like to wait until you get the minutes, rather than just sitting here arguing about that. The City Attorney did explain the termination. John Mullen: He did - what did he say? Mayor Peterson: He said the Acting City Manager had the ability to terminate Mr. Mitchell as Building Inspector, but not as a contract or consultant. Councilman Lowry: He said, after he studied it, that might be the case. He is still studying it. Mayor Peterson: He did say that, yes, so I suggest you wait until those minutes come out and take it up then. Councilman Hammel: In other words, do I understand you right - you state that he hired Mitchell. Councilman Blankenship: That is right - I didn't hire Mitchell. Councilman Hammel: He hired Mitchell. Councilman Blankenship: That's right. Councilman Hammel: I want you to put this on the record. Councilman Blankenship: It is being recorded. Councilman Hammel: I want you to put this on the record. That the City Manager pro tem hired Mitchell. Acting City Manager: Your Honor, a little discussion on Mr. Mitchell's position. I used Mr. Mitchell on a consultant basis Oil the , %t? u�-(, T1m%!-1iv Thoi,: - _Jf7 xe a t? J i .. of t1., ane: l.l.� -° PF,nr;ls of the B;,ili. I do not payroll salary w:,.:1, t- ,oever .er, he does work with me on all the grants, and whatever else I need help on, on a voluntary basis, under contractual service. But I do not pay him a salary. When- ever I need him, I just . . . if I don't have him, we will never get those grants through , I'll assure you of that. Councilman Harni-1el: In other words, you use him over the whole building, as Building Inspector, as Consultant, for the Planning Department . . . Acting City Manager: He is not Building Inspector, I use him where I . . .If I don't have him I will never get this job done. I work this job twelve hours a day, and I sleep it all night. As soon as you get another one here I will be happy to . . . but you give me this job and you take everything away from me that I have to work with . so I'm just saying, I use Mr. Mitchell wherever I need him on the grants, because we have got to get going on that. . . Councilman Hammel: John, twelve months ago you didn't even know Mitchell. Acting City Manager: I probably still don't know him, but I am using him right now - we are in such an emergency bind,that I would consider an emergency bind, if we don't use him we got big problems. Councilman Blankenship: Mr. Hammel, twelve months ago we didn't know the man that we just authorized to pay $5,000 to. Twelve days ago we didn't know him, so . . . Councilman Lowry: That is beside the point. Councilman Hammel: Did you read Mr. Mitchell's record. I'll give it to you some day. Councilman Lowry: The question I have though, I want an answer on, may I get a copy of the contract with Mayor Peterson's signature. A legal contract. Mayor Peterson: Now let me say it for the third time . . . Councilman Lowry: Where do I get it? Mayor Peterson: Third time now, you are going to get it, All right? We are not going to send you anywhere - you are going to get it at the next Council meeting . . . Councilman Lowry: No, I would like it tonight - right now - I would like to see it. Have it in my hand - a copy of it. Councilman Blankenship: Do you have Ordinance 490 with you right now? I would like to see it. Let me see Ordinance 490. Councilman Lowry: It should be there in the files . . . Councilman Blankenship: Do you think a man keeps a briefcase with him . . . Councilman Hammel: Don't give me this stuff - this contract isn't on file in the City Hall - so don't change the issue. Councilman Blankenship: The issue is not that - but when you demand something right here, you are playing like little boys. Councilman Lowry: Oh no, we are playing serious business. Councilman Hammel: Very important business, I'm going to tell you. Councilman Shaw: Let's address the subject at hand, Mayor, let's continue instead of this fighting back and forth. Councilman Hammel: Okay, why can't we get it. We have a simple request. Councilman Bla.nkE..snip -. I was gi,c I the City Attorney r--id that eontra�, -� Mayor Peterson: It is on its way to and it is certainly not available to Councilman Lowry: Okay - that is my On Motion by Councilman Lowry, secon meeting was adjourned at 4:53 P.M. to under:- :ta.-d ct�-tCrcL y , th, 3 the City Attorney, ria,lt now, you. answer. ded by Councilman Shaw, the Date set for next regular Study Session, Monday, February 9, 1981, at 6:30 P.M. in the City- Manager's Conference Room. Date set for next regular Council Meeting, Monday, February 9, 1981 at 7:30 P.M., in the City Council Chambers. Respectfully submitted, SUSAN FRYE, , Deputy City Clerk I' BEAUMONT CITY COliNCIL MINUTES OF January 26, 1981 The Beaumont City Council met in a Regular Meeting at 7:45 P.M., in the City Council Chambers at the Beaumont Civic Center, Monday, January 26, 1981, with Mayor Peterson presiding. A -1: CALL TO ORDER: a. Pledge of Allegiance to the Flag was led by Councilman Blankenship. b. Invocation was given by Reverand Harry Lansman. C. On Roll Call the following Councilmen werepresent: Councilman Hammel, Councilman Lowry, Councilman Blankenship Councilman Shaw, Mayor Peterson. A -2: APPROVAL OF MINbTES: On Motion by Councilman Blankenship, seconded by Councilman Shaw, the City Council of the City of Beaumont approves the minutes of Regular Meeting of December 22, 1980 as published and the- - minutes of Special Meeting of January 8, 1981 as published. The minutes of Regular Meeting of January 12, 1981 were tabled until the next regular meeting. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. A -3: APPROVAL OF PAYMENT OF WARRANTS AND PAYROLL: On Motion by Councilman Shaw, seconded by Councilman Blankenship, The City Council of the City of Beaumont approves the payment of warrants as audited per Warrant List dated January 26, 1981, in the amount of $129,686.38, and payroll of January 9, 1981, in the amount of $18,791.82. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. A -4: ORAL COMMUNICATION: a. John Mullen addressed the Council, stating he resides at 962 Wellwood, and he wants to apologize to Mayor Peterson because he came here tonight on a note of maybe a recommendation, but after reading letters from September 23, 1980 and December 31, January 5, I sort of decline to want to speak tonight and will reserve my time for some other night. Thank you. b. Councilman Hammel addressed the audience stating, Ladies and Gentlemen, Citizens of Beaumont, over the past two -three months something has come to my attention and I am very, very concerned about it. Concerned in this respect, that if I serve as a Councilman for the City of Beaumont, I should serve faithfully, honestly and sincerely, I want to do so. Over the past two months I have not been able to do this for the simple reason we have a private citizen amongst our organization here by the name of Irish Mitchell. Now I respect Irish Mitchell as a citizen, but I would like to tell you this, if this man is hired by this City Council, then fine. But if this man does our work, for which he is not paid, for which he is not hired, then I refuse to do so. I feel that if I am delegated by our Mayor as a Councilman, and as a committee, to do a certain job, and by the time I contact these people about the job, Irish Mitchell has already been there. Irish Mitchell - he is an attorney, he is a building inspector, god knows how many jobs he has, but he spends more time in this City Hall then I do, I can assure you, and I feel I would like to have the clarifi- cation from our Mayor and from our City Attorney as to what our proposals are here, what we have to do, and where we stand. This is my request. Thank you very much. C. Councilman Blankenship speaks. May I ask a question of Mr. Hammel. You tell me you didn't hire Mr. Mitchell. Councilman Hammel - I did not. Councilman Blankenship - Did you ever hire him? Councilman Hammel - We did. Councilman Blankenship - As what? Councilman Hammel - As a consultant six months ago. Councilman Blankenship - Four months ago. Councilman Hammel - Four months ago. Councilman Blankenship - Have you ever rescinded that? Councilman Hammel - Yes we did. Councilman Blankenship - In Council action? Councilman Hammel - In Council action - yes, and then we went .Councilman our Mayor, and the Mayor wrote him a letter. Councilman Blankenship - When was it rescinded? Councilman Hammel - At a special session. Councilman Blankenship - What special session? Councilman Hammel - Which our Mayor called. Councilman Blankenship - Can you produce the minutes for that special session? Councilman Hammel - Apparently the minutes were not taken because there were no minutes available. Councilman Blankenship - Was there a quorum at that special session. Councilman Hammel - You bet your life there was. Councilman Blankenship - Who was at that quorum? Councilman Hammel - At that quorum? Councilman Blankenship - At that special meeting. Councilman Hammel - Peterson, Mr. Shaw, myself and Mr. Lowry. Four councilmen. Councilman Blankenship - Were there any minutes to that effect? Councilman Lowry - Can you show me any minutes to any Executive Session we have had. They tell me they don't take any minutes at the Executive Sessions. Councilman Blankenship - Mr. Lowry we just tabled minutes of the regular meeting of January 12 because the minutes of the Executive Session were not in that. That is the reason we tabled that. Councilman Lowry - I questioned that too, didn't I? Councilman Blankenship - I don't remember you questioning it, but I am only asking a question, I am not putting you on trial . . . but I care about the citizens here . . . Councilman Lowry - There was a letter written by the City Manager to Mr. Mitchell terminating his services on orders from the Council. Councilman Hammel - And we have the letter here. Councilman Blankenship - Read the letter. Dennis Davenport - If that letter is written to someone other than the Council, you had better get permission from who it is addressed to. Mayor Peterson - Who is it addressed to? Councilman Hammel - To the City Council. Councilman Blankenship - Oh, it is? Councilman Hammel - You bet your life. Mayor Peterson - This one is addressed to Mr. Irish Mitchell, the one you are talking about. Councilman Hammel - The letter was addressed to Irish Mitchell, yes. Mayor Peterson - If you wish to read it, you had best have his permission to read it. . Councilman Hammel - This letter here? Mayor Peterson - Yes, that is the one that they were handing to yo u.to be read. This is the letter you are speaking of. You will need his permission to read it, since it is addressed to him. Councilman Hammel - Well, let Mr. Irish Mitchell read it then. Unidentified member of the audience - That is a public record. Councilman Hammel - That is crazy - have you ever heard anything like this? You bet your life that is a public record. And I'd like to know from our City Attorney whether it is or not. Mayor Peterson - He will read it himself. Irish Mitchell - Mr. Irish Mitchell, 1299 Pennsylvania Avenue, Beaumont, California, 92223. Dr. Mr. Mitchell: Having now completed evaluation and assessment of the present Beaumont City Departments and operations, and various -contractual agree- ments between the City and Consultants, at this time it is my opinion that your services will no longer be needed by the City effective immediately. I am convinced that your assistance to the City of Beaumont in the past few months was sincere and in the best interests of the Community. And by terminating your services in no way should reflect on your capability-or quality of performance. I feel that the management group is in a position to provide the services needed, at no additional cost to the citizens of this community. Although your services are terminated effective immediately, arrangements will be made to compensate you for your services through September 30, 1980. (Which was very generous because I was working for nothing). Sincerely, City of Beaumont, Ross Nammar, Acting City Manager. Now, let me just bring up some points for a moment, since I had to read this, or since I was requested to read this. On the 18th, on the same day that Mr. Nammar was put in as SAM Collaborates, Inc., I was put in as a consultant; at a very, very reasonable basis, no compensation other than that I would give any assistance to the Council that they required . . . Councilman Blankenship - Mr.Mitchell, may I interrupt you? Your Honor, may I answer Mr. Hammel. These are the minutes of the Special Meeting of September 18. A -4, that is Agenda Item 4, Service Agreement between the City of Beaumont and Irish Mitchell dba Project Management Company. The contract was explained by Mayor Peterson. The contract was read in its entirety by the Deputy City Clerk, and so forth, and there was comment, comment, comment. Motion by Councilman Shaw, seconded by Hammel, Agenda Item 4 was tabled until Agenda Item 6 is brought before the Council. Agenda Item 4 was brought back before the Council out of sequence. It was recommt: need that Article 7 of the agreement be changed as follows: This agree- ment 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, which at the time was Mr. Mitchell. 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 concerning insurance. Now I don't know, Mr. Hammel, but if you can't remember that you made the motion . . . Councilman Hammel - I would like to have the tapes on this piece of paper . . . Councilman Blankenship - and this is right here . Councilman Hammel - Yeah, I'd like to have the tapes of this piece of paper. Councilman Blankenship - Well this came out of the City Cl -grk's office. Councilman Lowry - What difference whoever made the motion. In later action it was decided they were dismissing Mr. Mitchell's services. Councilman Blankenship - You don't decide to change some action and then deny that you ever did it. And you don't - like in that letter - Mr. Mitchell was terminated by Mr. Nammar. At that time his services were no longer needed - but if you read the Service Agreement, that I think was made up between Mr. Mitchell and the City at that time you will understand that the man was a' consultant, and still is a consultant, and can be called in at any time. And until we change this, you are stuck with it - so go by your course of law. Councilman Hammel - Where is the Service Agreement? Councilman Blankenship - I think the Mayor has it - don't you have the Service Agreement? Mayor Peterson - Yes, I have the Service Agreement. Councilman Hammel - Bring it in. Mayor Peterson - The interesting part is that he was hired in a two -fold situation people. First, he was hired as a Building Inspector, which was under the control of the City Manager. Second, he was hired as an open consultant strictly to Council, by Council - okay? The City Manager has the right to fire a Building Inspector, but we had already removed him from that, and had him working on projects, when Mr. Nammar decided to dismiss him in that capacity. There was never any vote - formal vote taken by Council to dismiss Mr. Mitchell as consultant to Council - okay? Councilman Lowry - When was there any vote taken that gave the Mayor the right to call him as consultant in any work - I don't remember any. Councilman Blankenship - I just quoted it to you, Mr. Lowry. The minutes of September 18. Can I show them to you. Councilman Lowry - He was appointed as consultant, but his services weren't available to any one Councilman. The Mayor is only a Councilman like I am,. he is just the Chairman of the meetings here. He has no more right than I do to call a man in and put him to work. Councilman Blankenship - If you have a consultant city manager, he can call a consultant in anytime he wants to, without your permission - without mine - without the Mayor - without Mr. Shaw or anybody else. Councilman Lowry - It was the intent of the dismissal to dis- miss both things. I am sure of that. Councilman Blankenship - Intent and what you do on paper is two different things. And until you do something on paper don't discuss intent with me. Discuss what paper went on. Now I am not defending Mr. Mitchell, and I am not denying Mr. Mitchell. But any citizen - I am not going to admonish any citizen, anybody, on the whim of somebody's misinterpretation. Councilman Lowry - All right, now, you said that the City Manager had a right - John, did you call him in as a consultant. John Swoda - Yes, he has been helping me on the grants program. When I took over the job as the City Manager, my first surprise was a deadline of thirty days to get the grants squared away before . . . Councilman Lowry - You weren't aware that we were hiring Mr. Don Oven for that purpose? John Swoda - No I wasn't - and after reviewing the contract ,with Don Owens - after I called him the other day in my office and discussed it with Don Owens - Don Owens does not take care of the grants per se as we are discussing, with the Community Development people. Councilman Blankenship - Mr.'Lowry, again, I would like to explain something to you - in Study Session I explained it to you and Mr. Hammel - that you thought you retained Mr. Owen, but for the lack of finding out things, Mr. Owen, in no way, shape or form has any relative work to do with grants. Mr. Owen does not touch grants - period. Councilman Hammel - Don't change the subject. We are not talking about Mr. Owen or grants. Councilman Blankenship - I'm talking about what he just said - do you know that we hired Mr. Owen to do that - and Mr. Owen has nothing to do with those kind of things. Councilman Hammel - He has never mentioned any grants or Mr. Owen. Councilman Blankenship - He just got done telling him that did you know we hired Mr. Owen for that reason. But I think you two gentlemen are under a misinterpretation or misapprehension Councilman Lowry - If we are, then Mayor Peterson is quilty, because he brought Mr. Owen and introduced us and said I am taking him down to the meeting on January 5 with the Community Development Committee to help us get our grants. Absolutely. Councilman Hammel - You bet your life - these are the facts. Councilman Blankenship - Okay - the facts. Subsequent to my being elected to the City Council - I've had a dream - and part of that was the dream - that this City is really in need in its expansion - which will inevitability happen to us whether we like it or not - in its future there is only one way to handle a sewer plant, and that is a brand new sewer plant, that a new sewer plant through a bond - and through an assessment district of annexed properties. Councilman Lowry - That is right. We can't do that with grants anyway. They are not made for that purpose. Councilman Blankenship - Okay, I'm not speaking of grants. So I was in touch with Mr. Owen in his Sacramento office . . . Councilman Lowry - When - before you were on the Council. Councilman Blankenship - I just got done telling you gentlemen - subsequent to being elected to Council. Councilman Lowry - You weren't appointed on our committee - how come you took that on yourself. Councilman Blankenship - There is no committee . . . Councilman Lowry - Yes there was an appointed committee. Councilman Blankenship - I asked the Mayor if I could be in touch with him for this engineering company - because the Mayor had been flown up there in February of1980 to find out about thisproject. I only wanted to pursue it further - because it was part of my dream. Okay - it goes in three phases - this project goes in three phases. Phase number one is a five million dollar project - I'm talking about millions now, I'm not talking about dollars and cents orpennies. Number two project is a five million dollar project. Number three project is a five million dollar project - which encompasses fifteen million dollars. It was a solution. . . Councilman Lowry - Who conceived these projects? Councilman Blankenship - Mr. Owen conceived them. I only h-ad the idea and thought and Mr. Owen already had them engineering and everything else - it was only part of my dream. After I talked with the man, I sat in Executive Session one night and reported to you gentlemen that I had been in touch with Owen, that this engineering company - I wanted to pursue it further, I wanted to investigate it - so I investigated it with the City of Rialto, I talked with the City Manager, Mr. Padensky, who is retired Highway Patrol Chief. I asked the City Manager what he thought about this Owen Engineering Company. He said it is the greatest thing since cement. We hired him - he came in - we retained him - and upon retaining him, when we got our bond issues, the bonds were sold within thirty days, and they are proceeding now to go through this project. The second part I investigated - I haven't had the chance because I wanted to go up to Big Bear and see what they are doing up there. And I don't do anything without investigating it first. Gentlemen, Mr. Lowry, Mr. Hammel, you can rest assured that Mr. Owen has absolutely nothing to do with grants. Councilman Hammel - There hasn't been one word said at this meeting tonight - or any other day - about any grants from Mr. Owen. We told you what he was hired for . . Councilman Blankenship - Mr. Hammel, I am pretty good at hearing, and Mr. Lowry gave our present City Manager - he almost con- demned him - because he told him - didn't you know we hired Mr. Owen to do those grants. Councilman Lowry - That was my understanding. Councilman Blankenship - Well, Mr. Lowry, before you hire some- body you had better figure out what you hired him for, especially when you vote $15,000.00 to retain somebody, I thought you gentlemen knew what you hired him for, so I just held back. Councilman Lowry - We realized we were hiring him to put on a program of sewer design, sewage disposal design, and a bonding system but he was also to represent us before the Community Development Committee . . . Mayor Peterson - Not for Grants. Councilman Blankenship - Mr. Owen has nothing to do with grants. Mr. Owen will have nothing to do with grants period. Councilman Lowry - If he is on a bonding program he has no need to go before the Community Development Committe. They are not interested in anything that we . . . Councilman Blankenship - Community Development can't give you five million dollars in bonds. These things are not relevant so I think that both you pe plo are under misapprehen� ion . Would you expose the lettE;r that you wrote to the paper. Councilman Hammel - May I say something to you. Councilman Blankenship - Yes,; would you expose the letter that you wrote to the paper. Councilman Hammel - The paper - we probably have a copy here somewhere. Councilman Blankenship - If I wrote a letter like that I would keep a copy of it in my own files. Councilman Hammel - I didn't have the letter - I was there. Councilman Blankenship - You wrote the letter didn't you? Councilman Hammel - No - I was there when the letter was pre- sented. Councilman Blankenship - You were a co- writer weren't you. Councilman Hammel - No, not a co- writer, but I was there._` 'Councilman Blankenship - Oh, I misunderstood. Councilman Hammel - Anyway, this is beside the point. You know, it seems to me, I talked about a Mr. Mitchell and I talked about me being appointed by the Mayor as a committee with Mr. Lowry to do a certain job. And you sway away in all kinds of directions to confuse these people - to get them off the track - let me tell you something - Blankenship, you may be a good politician, but don't sway away from the fact which we were talking about - stay with it. Councilman Blankenship - Okay, the fact is, what did you hire Mr. Owen for. What did you think you hired Mr. Owen for? Councilman Hammel - We have it on the contract - why don't you read it. Councilman Blankenship - What did you think you hired Mr. Owen for - to take care of the grants. Councilman Hammel - Nobody ever said this. Councilman Blankenship - Mr. Lowry just said it. Councilman Lowry - I did say it - because that was my under- standing. What was his purpose to go before the Community Development Committee if he was only interested in the development outside of the . . . Councilman Hammel - He was sent up there by Peterson. Councilman Lowry - That is right, and he came . . . Mayor Peterson - That is right, I asked him to . . . Councilman Blankenship - Wait - Mr. Hammel, I was at the Community Development office the other day, and I as a City Councilman will admit that I am probably the most ignorant man there is about grants in this room - but, if I go up there I can find things out - and whenever you have grants, whenever you have things work, and especially with the sewer problem, then it envelopes what the future is - and I am quite sure Mr. Owen could probably get from what that was to what to do. But I think both you gentlemen were under a mis- apprehension, and malinformed - and I don't know how you could recommend a man without first investigating what he proposes that he was. I investigated him. I wanted to investigate him further, I had a meeting arranged with the gentleman to be here and address the Council, and also to address the public at that time. I am appalled, gentlemen, that you don't investigate what you think something was, especially asking someone to vote for a $17,000.00 expenditure, and didn't know what you were requesting . . . Councilman Hammel - Would you like to pay my telephone bill. Councilman Blankenship - Would you like to pay my gasoline bill. Mayor Peterson - All you have to do is read the agreement. Councilman Hammel - All I want to know at this time is whether Mr. Mitchell works for the City, or whether he don't work for the City; and I don't want - between Mr. Mitchell and you and Mr. Peterson to run this City. This is all I am concerned about. Councilman Blankenship - The City Manager retained Mr. Mitchell at his prerogative, and he has the prerogative, and until you amend the City Ordinance, the City Manager has the prerogative to hire or fire anybody he so desires, and you don't have a thing to say about it under the present City Ordinance-City Manager Form of Government. Councilman Hammel - That is why you put him in. Councilman Blankenship - I take exception to that Mr. Hammel. Mayor Peterson - I think it is well to clear the air - the Council to clear the air in public, that's fine. Irish Mitchell - This report is relative to a Record - Gazette article of January 23, making comments about another article that was in on the 16th. It was a four page letter from Councilman Hammel and Councilman Lowry. The time has come for the general public to know the true facts. The best approach would be to answer the four page letter printed on the front page. It stated that Councilman Lowry had written the letter. From past experience it is my opinion that the false statements came from Councilman Hammel. Mr. Don Owen never, at any time, stated that he would present a package to the Community Deve- lopment Committee on grants. This is not now, nor ever has been his line of business or work. Mr. Owen's capabilities are well -known in all bonding development fields of infra - structure. Mayor Peterson met with Mr. Owen in Sacramento in February of last year. Mr. Hammel should remember since he voted in favor of Councilman Peterson taking that trip. Councilman Hammel also had the benefit of Councilman Peterson's report relative to the function of Mr. Owen's organization. Councilman Blankenship met with Mr. Owen in San Bernardino, California shortly after his election. He advised the Council of this fact. Mayor Peterson, Councilman Blankenship and City Manager Swoda arranged for a meeting with Councilmen Hammel and Lowry and Mr. Don Owen in the City Manager's office. I was also in attendance at that meeting. It should have been obvious to Councilmen Hammel and Lowry that I had previous dealings with the Owen's family company, and had also worked with a competitive company, Stone and Youngberg, in the Northern California area, engaged in the same type'of projects that were presented at that meeting. The choice of Don Owen's company was excellent because they are profoundly capable in their field. It seems a shame that Councilman Hammel did not know what he was trying to contract for. The statement contributed to Councilman Shaw relative to myself does not seem to ring true. Let us again look at the facts. Let's talk about the senior center at 10th and Cherry. Councilman Shaw wanted this project because he was able to see the benefits it would provide to a major segment of our population, that is, the senior citizens. The project was in jeopardy because there had been some questionable maneuvers perpetrated by a former regime. I contacted Mr. Tavaglione prior to the pending hearing and suggested that he file for parking variance, and also for living quarter variance, to enable the project to be passed legally and eliminate all further controversy. A hearing was noticed. Mayor Peterson and Councilman Blankenship were not in full accord with the project from a personal point of vie., but when it was further dis- cussed, agreed that the benefit : to the community far outweight d any personal feelings. Prior to the hearing Councilman Hammel told me over at his motel that he and Councilman Lowry were going to boycott the meeting and get Councilman Blankenship not to show up so there would not be a quorum. Councilman Hammel was illegally conspiring at that time to keep a legal project from being heard. In so doing he was ignoring the needs of Councilman Shaw's promise to his constituents. I never revealed this to Councilman Shaw before. But faced with the present conditions feel it necessary to let the senior citizens of Beaumont know who is, and who is not, in their support. The rest of the letter can be answered with the following additional facts. Mayor Peterson, Councilman Shaw and Council- man Blankenship were the active parties in placing John Swoda as City Manager. With his leadership ability he has made it possible for the department heads to know what they will be directly responsible for in their own departments, and are required to look forward and act, rather than to look backward and wait. The results of his work in the last thirty days are as follows: 1) A complete investigative audit is moving forward. The complete revision of accounting practices is=- being implemented. 2) The confusion of the duties and other matters with the engineering department have been clarified. 3) The budget is being actively prepared. 4) All of the ordinances are actively being consolidated and revised in preparation for codification. 5) A positive progress with definite completion dates and schedules are completed on all waste water projects and all other grant funds. 6) A closer relationship with the County Planning Department has been established. 7) A new, seven member Planning Commission is actively functioning whose individual members represent each and every diversified interest and goal in the community. 8) A comprehensive program for enforcement of business licenses and enforcement of environmental standards is all ready for immediate implementation. The above items can be attributed to the following: Mayor Peterson, Councilman Shaw, Councilman Blankenship and City Manager John Swoda. Why would anyone care to replace them at this time after the work they have done in thirty days. Maybe Councilman Hammel can furnish his reasons. I want to go into the rest of this. On the two news articles we were speaking of, the Record - Gazette of January 16, I took it by paragraph. Paragraphs 1, 2, 3, 4 and 5 are all true and are completely documented. Can be completed documented at any time. Paragraph 6 had a couple of mix -ups in it, and we have the letters to show they were typographical errors in the news- paper, and it follows down to column 2, paragraph 1 is all true, paragraph 2 is all true except a change in phraseology, for instance - they would endorse - it should have said they would recommend an extension of thirty days. See the minutes of the meeting of June 5 that was down in -- the meeting that you gentlemen had with the committee. Paragraph 3, all true and documented. 4, 5, 6 and 7 the same. Number 8 the same. Column 3, paragraphs 1 and 2 all true and documented. Complete documentation on everything that was in the article that Mayor Peterson put in the paper. Now let's take a look at the article in the Record - Gazette January 23, 1981. Column 1, paragraph 2, false statement. I have documentation to show it is false. Paragraph 4, false statement. I have documentation. Paragraph 5, false statement, I have verification. Column 2, paragraph 6, false statement, documentation. Paragraph 7, false statement, documentation. Paragraph 8 is true. Says the grants are obviously a mystery. I believe they are to you Mr. Hammel. Paragraph 9, 10, 11, 12 and 13 are all false, and I can document them with no question. Now, in the light of the facts, I request the City Council to have a special meeting covering the subjects of the two news articles to enable Councilman Hammel and Councilman Lowry to either produce factual documentation to support their four page letter, or give an open apology for the confusion thf.,y have caused to the general public. Councilman Lowry - One fact is true and that is that three councilmen ordered the Mayor not to hire you for anything. Mayor Peterson - That is not true. Councilman Lowry - Councilman Shaw Irish Mitchell - I have asked for a meeting to carry this over. Sit down, let them bring their documentation. I'll bring my documentation, and we will find out who is helping the City, and who is putting roadblocks in. Thank you. Mayor Peterson - Mr. Mullen you are next if you will wait until the tape starts. John Mullen - My name is John Mullen, and I reside at 962 Wellwood and in light of the letter that I heard read I didn't hear any- body ask the attorney whether that letter was good, bad or indifferent. Is it, or isn't it? Councilman Hammel - There is nobody who has any questions,a .believe me, not on this Council. Attorney Dougherty - Which letter,I am not . . . John Mullen - The letter that was read, something about Mr. Nammar that Mr. Mitchell read. Councilman Blankenship - The letter to Mr. Mitchell. John Mullen - Was he terminated or not? Councilman Blankenship - Yes, he was terminated. His services were no longer needed, I think it says. Mayor Peterson - That was as building inspector though. Councilman Lowry - It don't say that though. Councilman Blankenship - It doesn't matter whether you terminate a man or what for that period of time, until you do away with your own thing here - to not use him as a consultant, you can use him as a consultant again. John Mullen - What does the attorney say, Mayor Peterson. Attorney Dougherty - Well in the first place, this is the first time that I have heard all this, and wish to state this. That a lawyer can only give a legal opinion if the facts are agreed upon. Listening to the councilmen here, none of the facts are agreed upon. They have different versions of what happened. I heard here that Mr. Mitchell was hired by Council action. A contract to perform certain services, and I haven't seen any documentation. Reference was made to his services terminated by virtue of some action taken by the City Council, but I don't know when that,took place, so would have to be terminated, as I view it, by the City Council. The letter by the City Manager, if he didn't act by virtue of authorization from the City Council, all he could do is terminate his services as building inspector, or one of the department heads which the ordinance allows him to do. So, no one can give an opinion unless you have all the documentation, but, if there has been no termination of his services by this City Council, and no authorization given to the City Manager to terminate Mr. Mitchell or anybody else, it seems to me that until such action he is continuing to be a City Employee as a consultant. Councilman Lowry - City Attorney, the former Acting City Manager came to the Council in Executive Session and asked permission to terminate . . . Councilman Hammel - Came to the Council in Executive Session. . Councilman Blankenship - Did you gentlemen disclose that Executive Session. If you didn't, you had better be car�--Iul. Mayor Peterson - There was no formal vote, nothing was . . . Attorney Dougherty - I haven't seen any vote on that. I haven't seen any documentation. If there were such a situation well then he would have authority to terminate, but until that time . . . Councilman Lowry - Perhaps he has the minutes, we may have to contact him. Councilman Hammel - On the basis of the Councilmen's decision that evening, that is when the City Manager wrote that letter. Attorney Dougherty - Councilman, let me explain this. We can't go on the basis of what somebody thought about it, we've got to see Council action. Maybe that has been the problem here, there have been too many actions taken that have not been re- duced to writing. Councilman Hammel - They are not recorded either. Attorney Dougherty - Or if there are tapes, I would like to see the tape. Councilman Lowry - We don't have a secretary in there in Execu- tive Session, and we haven't . . . Councilman Blankenship - It is recorded when you hired the man, then if you show me where it is recorded that you terminated him, then I won't disagree with you anymore. Like I say, it is good to hire something, but show me on paper where you have done away with it. It is like an ordinance - we have to do away with an ordinance, or change an ordinance, it has to be done by Council action. Also, the way you wrote it, the way you voted on it, it takes Council action to terminate that person. And you haven't done that. I might vote, by george, right with you to terminate, if you would bring it to me, but so far it hasn't been brought to me. Councilman Hammel - That will be the day. John Mullen - Now the original reason why I came here Mayor Peterson was two letters. One of them is dated the 12th of December and the other one is dated the 19th of December. The City Manager knows about these letters. I don't want to read both of them and take your time, but it has to do with Ordinance 490, Section 203.1, and California Government Codes. Now I'm sure you know all about that, which this has been done, and these two letters was done by Mr. Nammar when he was the City Manager, and this project has been done. Now to enlighten you on another thing, way back in March 10, 1980, Mr. Mitchell on Project Management stationery goes through the same thing referring to blight in the area, collaboration of others and Mr. Taylor, the City Attorney, and blah, blah, blab - I will make copies of these for you tomorrow if you would like - the same section, and here is a newspaper article also for the same thing, and it says in here two blocks from City Hall are these atrocities, and I imagine it is dark now, but if you walk across the street, it is still setting there. It is nice, because I was talking with John about this, and it would be nice to have the City go forward with these letters like Mr. Nammar did. You want copies of these? Mayor Peterson - Yes, I surely do. I'm not sure what you are talking about exactly. Joe Burnett - My name is Joe Burnett, 113 Maple, and I have only been coming to these meetings about a year now, and from what I can see Irish Mitchell has disrupted these meetings at least 250 of the time, and I think - I would like to recommend that you do something about it, or give him a post as a public nuisance because he is ruining the City. I think it is a situation where you have got the tail wagging the dog. Tommy My nar:e is Tom,<y Thominsun, 1305 Orancre. 22 -23 year resident. It appear-; that we have a little problem with Irish's capacity Frth the City. Now regardless how valuable his services are, you have set a precedent that a person whose integrity is, I personally think is much better than Mr. Mitchells anyway, was terminated from City employment because of a prior court record. Now I am sure that Mr. Mitchell will not be lily white upon investigation, and I think your Chief of Police, through the proper channels, can verify this. It starts in 1976, El Cajon, California, Mr. Mitchell gave an address there of 9607 Marcella in Lakeside. And it progresses from there - Palm Desert - to here; and I am sure the Chief, through the proper channels, can verify this. You have set the precedent, and unless you want to reverse your precedent and keep Mr. Mitchell, that is your prerogative, of course. But I, for one, believe the gentleman from Maple Street over here is correct. Irish Mitchell - The Chief of Police has had a great deal of opportunity to investigate. I don't believe it is against the law to live in Lakeside. I don't believe it is against the law to work in Palm Desert. I don't believe it is against the law to work in San Diego. I don't believe it is against the law to be driving a vehicle with a Nevada license. I don'-t believe it is against the law to change your license over. And I don't believe the Chief would say anything it as he has had adequate time to investigate. He has adequate time with Mr. Martin to investigate, and I invite the Chief - he has had all the information - I invite him to step up here and give a factual documentation of exactly all of these horrible things that are being inferred by Mr. Thompson. I'm inviting it. You've had it - you have had me checked five times, and I would like to know what you found out. A -5:. ORDINANCE NO. 521 - An Ordinance of the City of Beaumont Creating and Establishing a City Manager Form of Government for Said City; Defining the Authority, Power and Duties of theCity Manager; and Repealing all Ordinances or Parts of Ordinances in Conflict Herewith. The City Attorney addressed the Council stating this City Manager form of government was passed a number of years ago by a re- ferendum of the people, being Ordinance No. 363. There is a proposal to change that by Ordinance No. 521, which appears to me to be a material change. Ordinarily, when the people vote on a proposition, be it a bond issue or a referendum, it cannot be changed without the consent or a vote of the people. That is the general rule. However, there are some government code sections that I want to check into that may allow. If the State of California has allowed some changes to be made, then it will change my opinion. We do not have the government code sections here, but I do in my office in Riverside. That is why I am requesting an opportunity to check the government code sections to se�� Wher or not what I have said previously that you canno_ an ordinance, a material change of an ordinance,which was voted by the people. I am going to submit that in writing at the next meeting. This agenda item was tabled until the next regularly scheduled meeting for legal research. Councilman Hammel asked the Attorney inasmuch as the City Council cannot change this ordinance, then how come the Mayor was able to change part of the ordinance, and told them that they don't need any more committees in the different sections of this town - regarding Police Department - regarding Street Department - everything comes under the Council as a whole, and we all guide it together. Now that is crazy isn't it? Attorney Dougherty replied stating he didn't know what the Mayor told them, he really couldn't say, but, of course, under the City Manager form of government everything ought to flow to the City Manager, then he makes a report to all of the Council, then the Council considers and by a vote of the Council majority, A -5 A -7: that is three out of your fiv,,, you 01dopt eitri, r t?,- (_)rci r,ance or whatever action is taken. You've gnt to get, do w.1 < =.nd flow through your City Manager, in other words, I hate to s, -k Councils dealing with citizens on the streets - yeah, Joe, we'll take care of that - without taking it to the City Council. I think that you will stay out of trouble if all of you . . . Councilman Hammel - It has to come back to the Council anyway. Attorney Dougherty - Well, yes, but it ought to flow to the City Manager, let him make an investigation, report to you. Otherwise, there would be chaos. So, in answer to that question I don't know, only the Mayor could answer that because I don't know what he said to you. RESOLliTION NO. 1981 -1 - Accepting Offer of Dedication and Authorizing Recordation by City Clerk. The City Engineer, Jim Dotson, addressed the Council stating this offer of dedication is in regards, really, to the Cherry - wood project at Pennsylvania and Cherry. The Cherrywood project is here. They created a thirty foot wide roadway in order to adequately construct a half -width street as we required. I requested the adjacent property owner, one Mr. Neal T. Baker, to give to the City the adjacent ten feet which will give us a total of 40 foot strip of right -of -way which we can then build - or which Mr. Tavaglione and Cherrywood can then build the necessary street. Recommendation: Accept the Offer of Dedication. The City Clerk read the resolution in its entirety. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont adopts Resolution No. 1981 -1 accepting offer of dedication and Authorizing Recordation by City Clerk. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. Request from Riverside County Fire Department for Permission to Install Two -Way Hydrant Markers in the Streets of Beaumont As Needed. Councilman Shaw stated he was wholeheartedly in favor of this because in case of emergency, when other companies have to come in, these markers are right out in view where they can see them and they have no problem locating the hydrants. It is long past due and it is finally coming to this City and he believes it is very good. He thinks it has been needed a long time. The Acting City Manager said he had contacted the Fire Department and has discussed this proposal with John Minjares. There will only be one marker per hydrant, and the County will put them down, and in case they get damaged the County will replace them and maintain them. This is going to be an item that will spread out throughout California, Southern California especially, and it is very beneficial, especially when fire departments move up from other cities, because they are not familiar with our hydrant locations. That is mainly the reason for it. On Motion by Councilman Hammel, seconded by Councilman Shaw, the City Council of the City of Beaumont approves the installation of two -way hydrant markers in the streets of Beaumont as needed, as requested by the Riverside County Fire Department. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. -° RegL:est fc-r Authori:?atior to SuI)mit Applicati: n fc F1_ir,e1_ to the Oi'f ic,, on Aging in R(,: por., e to RIP AA 1 80-12. Councilman Shaw stated there has been a request for a few thousand dollars which the Office on Aging will give to Beaumont for use by the Senior Citizen Center for repairs, and also for purchase of some equipment which they need. The City Clerk read a letter from Susan Frye, Grants Adminis- trator describing this request in detail. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont authorizes the submittal of Application for Funds to the Office on Aging in Response to RFP AAA 80 -12. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. A -9: Request for Authorization for City Manager to Ballot on Behalf of the City of Beaumont regarding the 1980 Bond Act; and — Endorsement by the City Council of the 650/350 split between Cities /Special Districts and the County. This request was explained by the Acting City Manager, stating that no matter which way the Council votes, Beaumont will re- ceive $20,000.00. But the selection of the split of 650/350 helps our sister cities in dividing up the monies because the larger the population, the difference in the monies would be. But small cities like Beaumont and Special Districts all get $20,000.00. The City of Banning and the City of Desert Hot Springs have both recommended that Beaumont vote in favor of the 650/351,1110 split. On Motion by Councilman Shaw, seconded by Councilman Blankenship, the City Council of the City of Beaumont authorizes the City Manager to ballot on behalf of the City of Beaumont regarding the 1980 Bond Act, and endorses the 65 7o/357o split between Cities /Special Districts and the County. AYES: Councilman Councilman NOES: None. ABS: None. A -10: ADD -ITEM: EDA Se, Shopping Center. Agreement. Hammel, Councilman Shaw, Councilman Lowry, Blankenship, Mayor Peterson. Ner Project - Lift Stations Behind K -Mart Addendum to the Engineering Services The City Engineer, Jim Dotson, addressed the Council and the floor concerning this project, and the reason for the adden- dum to the engineering services agreement. Mr. Dotson's presentation is, for the most part, unintelligible on the tape, and as a result is not included in the minutes. On Motion by Councilman Shaw, Seconded by Councilman Lowry, the City Council of the City of Beaumont authorizes and directs the City Attorney to review the requested addendum to the engineer- ing services agreement, and prepare a resolution that the addendum be adopted at the next Council meeting. AYES: Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: Councilman Hammel. ABS: None. A -11: MAYOR /COUNCILMEN'S REPORTS /COMMENTS: a. Progress Report - Re- Roofing. The Acting City 11anager reported the Police Department Roofing has been completed and inspected by the Building Inspector, and had been assured by Dean Roofing they would h-iv e a, crc•,v 2, r- Cite Hell this mornir . (Ja. ?'..'ary 1'' l . They did start the City Hall on January 12, and it will. be about 2 -3 wee!-,s until completion. b. Riverside County Short Range Transit Plan - Verbal Report from City Manager. The Acting City Manager reported this is in reference to the gentlemen who made a presentation at the last Council meeting concerning the short range transit plan. Before Beaumont can participate in this plan a new bus will have to be ordered and received which has been equipped for the handicapped. Also, there are several other problems. A supervisor problem - back -up vehicles - have to increase the radio capacity - and several other problems. When a target date is established as to when Beaumont wants to go into this program, we will be better off. Councilman Shaw stated he sat in on a meeting of the Inland Counties Health Services and listened to quite a few of the suggestions and complaints. They do have problems trying to get to and from a hospital. They asked if this system is to be instituted, it would be primarily up to the City of Beaumont to service it and take care of it. The money will come through Cal -Trans and he talked with Supervisor Kay Ceniceros, and talked with the City Council in a study session, and he would like authorization as a member of the RTA to set up a meeting with Mr. Blackwelder of Cal -Trans and John Swoda and Supervisor Ceniceros and himself to see if they can work out some way that we can have this transportation so that these people can get from here and Banning into Calimesa, and from Calimesa connect up with Omni -Bus into San Bernardino and Loma Linda and the Veterans Hospital. At the present time the people are land - locked and if they do have to go into these areas they have to go by ambulance, which costs from $72 -92, and by taxi, which costs $15 -20, so if this money is available through Cal -Trans it will cost the City nothing to operate this, and by the same token Beaumont might get a couple of employed to work within the City to work on this system. Mayor Peterson suggested the Council authorize Councilman Shaw to do exactly as he has outlined. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. C. Mr. Earl Miller addressed the Council stating that he hears a lot of wrangling around here but not much accomplishment, but he guesses that is to come. He called their attention to the fact that there was no report concerning the status of the City audit, and he understands the City is having difficulty in finding an accountant. Mr. Miller took it upon himself to contact the State Society of California Accountants, and turned a letter he had received listing three fully qualified firms over to the Mayor. Councilman Blankenship replied, stating that was one of the purposes of the Executive Session. Councilman Hammel and himself were on the committee to select an auditing firm. The two auditing firms being considered are Ecker, Bigbie and Company in Riverside and Thomas, Byrne and Smith, also of Riverside. They both come highly recommended; or at least one of them comes highly recommended by one of the bank managers here in the City, who happens to be one of the advisory group on the budget, so the Council will have a determination subsequent to the Executive Session. d. Mr. Norm Davis addressed the Council asking a question of Councilman Blankenship stating that he made the comment that unless they got the ordinance changing the position of City Manager, the City Manager could go on like they have been able to and hire anybody at any time that he ch1 ,s,_� to, and he tivould rc_ ally hcp, � on Council, or any governi_n,_r board, feels t.h _t bccaLl unless they, as the governing board, have authorized the hiring of personnel and created positions, he wouldn't think any manager of any capacity in any governing board in this State could perform in that manner. The other question was regarding the contract with regards to Mr. Mitchell, is that an open end contract that allows any one of the Council to assign Mr. Mitchell to any job at any time. Is that the Council's interpretation of the contact that has been discussed? Councilman Blankenship stated his interpretation is that Mr. Mitchell, on September 18, was retained in a con- sultant matter, and it is still open. He can be used as a consultant . . . Mr. Davis - On an open check basis for any subject matter, or was he retained at that time to consult on the basis of Planning. Mayor Peterson - Any subject matter. Mr. Davis - The Mayor says on any subject matter, that any Councilman or the City Manager may chose to utilize him. Mayor Peterson - We could request him to perform any operation for us . . . Councilman Blankenship - Dependent upon his being qualified. Mayor Peterson - It is whatever they request of him. Mr. Davis - Is there remuneration provided for in that contract.. Mayor Peterson - Not specifically stated, it would be an agreed upon amount. Mr. Davis - Agreed upon by whom. Mayor Peterson - By Council. After the job is completed, not before. City Attorney - Most contracts would have a proviso in it as to the compensation. I haven't even seen the contract, but I assume from what is said here is that there is no compensation provided for at the end of his services, why then the Council would determine the reasonable value of the services. It is really going backwards. I would rather see it where there is compensation shown in the front end rather than the back end. Mr. Davis - Wouldn't it be best for you gentlemen to submit this contract to your attorney to report back on at a subsequent meeting, and put you in a position to make a determination whether you want to continue or to repeal this contract, to revoke this contract that you have. Mayor Peterson - I don't know if we want to consider re- voking it or not. It is up to the Council as to whether or not they want to do it. I think, yes, the City Attorney should take a look at it. Councilman Lowry - I make a motion that we have it . . . I would like to take a vote on that. Make a motion that the City Attorney look over this contract and report on it. Councilman Blankenship - than that, because Mr. Davis made a point there and I'll defend Mr. Mitchell - I'll defend any citizen, but I'll also defend Council Action. I've never been approached yet. Maybe if we start Council action - you could rescind this, but until you have Council action you can't rescind it, and you don't yet, but I mit,�. _ b in a and I might be the onr to n,: ike the rl:ot i_on . Councilman Lowry - I'm waiting for you. Councilman Blankenship - Until the employment is termina- ted though - until the employment time is completed now, your walking on very narrow ground. But, just because a Mr. Mitchell, or Mr. So and So or Mrs. So and So - I could care less. I'm only defending their right, once the Council gives them something - and then deny them a right when they still have it in writing and deny that they ever put it in there. I don't like to play those games. It isn't a point of Mitchell, I understand Mr. Davis perfectly What he is trying to say is - gentlemen, if you disagree, why, at your next Council meeting, don't you bring it up and have a vote on it, whether you want to give the man the boot or not. Or whether you want to do away with that type or not. It is that simple. Mayor Peterson - The attorney should look at it before we take any kind of action. Councilman Lowry - Norm, I would like to ask you a question At the study session of the last Council meeting, you mentioned that the County Road Department would be willing to do - or could possibly do - Maple Avenue job for us, and on that basis I asked for a tabling of that :Maple Avenue. I would like to know who we contact on that. I've been trying to reach you and have been unable to just to find that information. Mr. Davis - I discussed this with Jack Newcombe, who is the Road Commissioner, and you could get back to Jack and discuss it with him. As I told you that night, he com- puted it out, based upon a figure of 44 cents a square foot, he could remove the existing material that is on that street, remove approximately six inches of the existing dirt - sub -base that is there, and bring in DG out of the county pit off of Brookside to a depth of six inches, and place down a cold mix. Now the one limiting factor that has to be considered by the County is that they are told by County Counsel that they can not do more than $10,000 worth of work at a time, because then they are competing with private enterprise - so, as I computed out this particular job at that figure, it would probably be about $13,000. So I think what you would have to do, naturally, is figure out a way either with City Equipment to do a small portion of that work, maybe remove the existing road- way material, or do some such thing that would cut it down in cost $3,000, but the point is that you could achieve the reconstruction of that road in a manner which would serve down into the future, and the way you are contemplatini doing it, you are not going to achieve anything, and within a year or two of time you will have totally wasted every penny that you will have expended upon the manner which you are approaching it at the present time. That is dead certain. I, as a developer, you or your attorney would not allow me to go out there and build a street the way that one is built, or the way you would contemplate, or are contemplating re -doing the street at the present time for whatever dollars you are talking about. You just wouldn't allow it. No governmental jurisdiction would allow it, and yet you are contemplating doing just that. Councilman Blankenship - Mr. Davis, you mean that the specs that this was drawn up under - that it is a waste of money. Is that what you are trying to say to me. Mr. Davis - All I know is -what has been said over this board table, or council table, or in the study session as to what you were going to get for the dollars that you were spending - and that was merely, basically, re -doing the surface of what lays there . . . Councilman Lowry - Well, we are calling for Petroii�at: . . . Councilman Blankenship - Who drew the specs on that and presented the specs. Mr. Davis - I have no idea. Councilman Shaw - Just for a point of information, if the County enters into this picture, do they have to submit a competitive bid with these other companies. Mr. Davis - No, they do not Mr. Shaw. Councilman Lowry - Your statement, Norm, I don't think takes into consideration the new developments involved there, in which Petromat is used. That is a new develop- ment which lengthens the life tremendously on conditions of this type. Mr. Davis - The only thing wrong with that though is that you still got the same base that you have got there now. You've got base that is failing, and as a result this is why you have got these huge dips in it. this— is Lowry - No, no, one reason we've got the huge dips is the 18- wheeler the guy has been parking there and running up and down that street. Mr. Davis - You have got to have compaction there, that is the reason you have those dips. Councilman Lowry - The compaction has now been accomplished. Even under the dips, under the load that has been going over it. Mr. Davis - Well the County tells me that isn't true. I just rebuilt a street in a little project that I just did over in the Woodcrest area, and that ground was so hard that you couldn't - you would have to have a pneumatic drill to get down in it, yet they made me pick it up and take it away, and put in base material. Because you get a higher compaction then the existing dirt which was just like rock. And I know this stuff out here is not like rock. In fact it is basically soft, it is an old orchard area. Councilman Shaw - Norm, you stated that they couldn't do more than $10,000 worth of work at one time. Then that would be a piecemeal thing. How much of a time period between that $10,000 and the remainder. Mr. Davis - Well, it wouldn't be piecemeal if your City forces did say $3,000 worth of work, if the total job were $13,000. Like I said if the City forces went in there and picked up the existing material and hauled it away that would probably take care of that amount of money. Councilman Blankenship - Well, Norm, I agree with you that it is an absolute waste of money - but I would still like to know where the specs came from - and who they were presented by. Mr. Davis - You gentlemen should know that, I don't. Mayor Peterson - John, do you have an answer to that. John Swoda - No, Your Honor, I think the specs came up long before I came on board, so I don't know. Councilman Lowry - The specs for resurfacing for Maple Avenue and the Petromat, I developed. Councilr:a.n Blank li sl) i_ o - AnCl a will- l_earr,_E1 m-.?n like, `.'.r. Davis just told us thl-it it wa.s an absolute waste or r1�, -,; -.t . What are the people on Maple Street going to do. We cr. in haste on a bad set of plans, a bad set of specs. What are we going to do for those people. Councilman Lowry - They were talking of spending $70,000 on that street. A little side street. And, that was what the estimate was to go in there and engineer it - $4,000 for engineering and tearing up the entire street by contracting and re -doing it - $70,000. I don't think it is justified. Councilman Blankenship - I would agree with you, I don't think it is justified either - I just wondered who drew the specs on the part that you said was pretty lousy, anyhow. I took your learned advice. Mayor Peterson - I think there is still a motion on the floor, as the City Clerk is reminding us. We should take care of it before we forget it. Would you read the motion. City Clerk - I don't have it written down, it went on here, and then you went into other things. You made a motion --it had something to do with Irish Mitchell. Mayor Peterson - I believe it was started - I don't think he finished it. Councilman Lowry - Yes, that the attorney check into the con- tract and report to the Council. There wasn't a vote on it was there. City Clerk - There wasn't even a second - you went into some- thing else. Mayor Peterson - Certainly a second is welcome if that is what you want. On Motion by Councilman Lowry, seconded by Councilman Hammel, The City Council of the City of Beaumont asks that the City Attorney review the Service Agreement with Irish Mitchell and give them his report at the next Council meeting. AYES: Councilman Blankenship, Councilman Shaw, Councilman Hammel, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None On Motion by Councilman Hammel, seconded by Councilman Lowry, the City Council of the City of Beaumont adjourns to an Executive Session for Personnel Reasons at 9:34 P.M. On Motion by Councilman seconded by Councilman , the City Council of the City of Beaumont reconvenes to regular session at 10:30 P.M. Let the record show there was discussion regarding the employ- ment of the auditing firm, and the decision was that the Council will adjourn until 3:30 P.M., Wednesday, January 28, 1981, to continue action on this item, allowing the committee to gain more information that is needed before a decision can be made. Let the record also show that Councilman Lowry made a motion, seconded by Councilman Hammel, that the City Council ask for an investigation regarding a personnel matter. The vote was unanimous. The City Manager was also asked to contact the investigating authorities. On Motion by Councilman Lowry,- seconded by Councilman Hammel, The City Council moved to adjourn to 3:30 P.M., Wednesday, January 28. The meeting was adjourned at 10:45 P.M. AYES: Councilman Blankenship, Councilman Hammel, Councilman Shaw, Councilman Lowry, Mayor Peterson. NOES: None. ABS: None. ADDENDUM NO. 1 BEAUMONT CITY COUNCIL MINUTES 01' JANUARY 12, 1981 Immediately following the Motion to reconvene to Regular Session from Executive Session at 8:35 P.M., let the record show the following action was taken in Executive Session: On Motion by Councilman Lowry, Seconded by Councilman Blankenship, the City Council of the City of Beaumont retained the law firm of Cox and Warren on the Mandate Phase of Simmons vs City of Beaumont, et al., with authorization to file Notice of Appeal and with authori- zation to negotiate a complete settlement of the action subject to the approval of the City Council. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. On Motion by Councilman Lowry, Seconded by Councilman Blankenship, the City Council of the City of Beaumont accepted the offer of Harry M. Dougherty, as outlined in his letter dated January 12, 1981, to be retained as City Attorney. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. On Motion by Councilman Shaw, Seconded by Councilman Blankenship, the City Council of the City of Beaumont retained the law firm of Cox and Warren to continue as the attorney in Bell d /b /a Beaumont Swap Meet vs City of Beaumont, to continue the matter, and to file any pleadings that may be necessary, or to obtain a dismissal. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. CARL PE RS ON, Mayor BEAUMONT CITY COUNCIL MINUTES OF JANUARY 12, 1981 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, January 12, 1981, with Mayor Peterson presiding. A -1: CALL TO ORDER: a. Pledge of Allegiance to the Flag was led by Councilman Blankenship. b. Invocation was given by Reverand W. W. Brewer. C. On Roll Call the following Councilmen were present: Councilman Hammel, Councilman Shaw, Councilman.Lowry, Councilman Blankenship, Mayor Peterson. Or.. P4otion by Councilman Hammel, seconded by Councilman Shaw, the City Council of the City of Beaumont adjourns to Executive Session for the purposes of Legal Counsel at 7:40 P.M. 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 City Council of the Cfty of Beaumont reconvened to regular session at 8:35 P.M. Mayor Peterson announced the first order of business would be to intro- duce the new City Attorney, which was the action taken in the Executive Session. Mr. Harry Daugherty is the new City Attorney. For the record, other action taken in Executive Session Council has voted to retain Cox and Warren to continue the Swap Meet hearing that is coming up; also to continue the Simmons Case. A-2: APPROVAL OF MINUTES: On Motion by Councilman Hammel, seconded by Councilman Lowry, the City Council of the City of Beaumont approves the Minutes of Special Planning Commission Meeting of December 17, 1980. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. 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 January 12, 1981, in the amount of $99,965.32, and the payment of the payroll of December 26, 1980 in the amount of $19,439.50. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. A -4: ORAL COMMUNICATION: a. March of Dimes "Walk America" Walkathon - Request for fee exempt status. On Motion by Councilman Shaw, seconded by Councilman Blankenship, the City Council of the City of Beaumont approves a fee exempt status for the March of Dimes "Walk-America" Walkathon. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. b. San Andreas Council of Camp Fire Annual Product Sale - Request for fee exempt status. On Motion by Councilman Shaw, seconded by Councilman Lowry, the City Council of the City of Beaumont approves a fee exempt status for the San Andreas Council of Camp Fire Annual Product Sale. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. C. Beaumont- Cherry Valley Water District. Requesting support of Community Development Block Grant Application for Replacement of old, undersized, inadequate waterlines in the City of Beaumont. On Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council of the City of Beaumont supports the Community Development Block Grant Application of Beaumont- Cherry Valley Water District for replacement of old, undersized, inadequate waterlines -in the City of Beaumont. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: _ None. The City Council directed the City Manager to write a letter to the Beaumont - Cherry Valley Water District advising them of the action of the Council. A -5: Request for Amendments to Ordinance 329, Regulating the Discharge of Waste into the Public Sewer System and Providing the Penalty for the Violation thereof, and Ordinance 416, Governing the Disposal of Sewage in the City of Beaumont; Construction of Sewers, and Connections thereto; and Use of and Charges for Sewers and Sewage Disposal Facilities of the City. The suggested amendments were read by the Acting City Manager.. On Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council of the City of Beaumont approves the request that Ordinance No. 329 and Ordinance No. 419 be amended. This will be considered the First Reading of the Amended Ordinances. AYES: Councilman Lowry , Councilman Shaw, Councilman Blankenship, Mayor Peterson. NOES: Councilman Hammel. ABS: None. A -6: Ordinance No. 521 - An Ordinance of the City of Beaumont Creating and Establishing a City Manager Form of Government for Said City; Defining the Authority, Power and Duties of the City Manager; and Repealing All Ordinances or Parts of Ordinances in Conflict Herewith. First Reading. Agenda "Item -A -6 was tabled due to the fact the City Attorney was not present. A -7: RESOLUTION NO. 1980 -41 - Consenting and Authorizing Submittal of Annexation Application of Uninhabited Territory (Beaumont Annexation No. 25). On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont adopts Resolution No. 1980 -41 Consenting and Authorizing Submittal of Annexation Ap lication of Uninhabited Territory (Beaumont Annexation No. 25�, by title only. The City Clerk read the Resolution by Title only. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. A -7: (Continued) NOES: None. ABS: None. A- 8: RESOLUTION NO. 1980 -42 - 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. On Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council of the City of Beaumont adopts Resolution No. 1980 -42 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. The Resolution was read in its entirety by the City Clerk. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. A -9: RESOLUTION NO. 1980 -43 - Consenting and Authorizing Submittal of Annexation Application of Uninhabited Territory (Beaumont Annexation No. 26.) On Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council of the City of Beaumont adopts Resolution No. 1980 -43 consenting and authorizing submittal of annexation application of uninhabited territory (Beaumont Annexation No. 26), as read by title only by the City Clerk. The Resolution was read by title only by the City Clerk. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. A -10: RESOLUTION NO. 1980 -44 - Determiuihg 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. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont adopts 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, as read by title only by the City Clerk. The Resolution was read by title only by the City Clerk. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. A -11: RESOLUTION NO. 1981 -1 - Accepting Offer of Dedication and Authorizing Recordation by City Clerk. This agenda item was deleted from the agenda until further in- formation is received from the City Engineer. A -12: RESOLUTION NO. 1981 -2 - Authorizing the Mayor of the City of Beaumont to Execute Master Agreement and Supplemental Agreement No. 1 with State of California Department of Transportation for FAU Project No. M- Y432(1), Pennsylvania Avenue. This request was explained by Susan Frye. On Motion by Councilman Shaw, seconded by Councilman-Blankenship, the City Council of the City of Beaumont authorizes the Mayor of the City of Beaumont to Execute Master Agreement and Supple- mental Agreement No. 1 with State of California Department of Transportation for FAU Project No. M- Y432(1), Pennsylvania Avenue. A -12: (Continued) AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. A -13: Request of Baldi Bros. Construction for a Property Lease of Certain City Property. The Acting'City Manager read the proposal received from Baldi Bros. Construction. There was discussion from the Council and from Manny Baldi regarding their proposal, at the end of which Mr. Baldi indi- cated Baldi Bros. Construction would withdraw their proposal and terminate negotiations. On Motion by Councilman Hammel, seconded by Councilman Lowry, the City Council of the City of Beaumont accepts the withdrawal of the proposal by Baldi Bros. Construction to lease City - owned land. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. A -14: Request for Order Authorizing Quiet Title Action on Cherry Avenue. The request from the City Engineer was read in its entirety by the Acting City Manager. On Motion by Councilman Shaw, seconded by Councilman Blankenship, the City Council of the City of Beaumont authorizes the City Engineer to meet with the City Attorney to determine the best approach to get the street dedicated. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. A -15: Request for Authorization for City Manager to Enter into Riverside County CETA Agreements. The CETA Agreements were explained by the Acting City Manager. On Motion by Councilman Shaw, seconded by Councilman Hammel, the City Council of the City of Beaumont authorizes the City Manager to enter into Riverside County CETA Agreements. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. A -16: Courthouse Carpeting Replacement. The Acting City Manager advised additional bids had been ob- tained at the Council's direction, and these.bids were being presented to the Council tonight. The bids were then read by the Acting City Manager. On Motion by Councilman Lowry, seconded by Councilman Blankenship, the City Council of the City of Beaumont accepts the bid sub- mitted by Beaumont Hardware, in the amount of $1,198.00, to install the carpeting in the Courthouse. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. A -17: Award of Bid for Resurfacing and Rehabilitation of Maple Avenue Between 12th and 13th. On Motion by Councilman Lowry, seconded by Councilman Hammel, the City Council of the City of Beaumont tables this agenda item to give them the opportunity to study information just received tonight concerning this project. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None, A -18: MAYOR /COUNCILMEN - Comments /Reports: a. Consideration of Replacement of Photocopy Machine - City Hall. On Motion by Councilman Lowry, seconded by Councilman Shaw, the City Council of the City of Beaumont tables this agenda item for further study. AYES: Councilman Hammel, Councilman Shaw, Councilman Lowry, Councilman Blankenship, Mayor Peterson. NOES: None. ABS: None. b. Information Report regarding City Insurance. The Acting City Manager advised the Council concerning the status of the City's insurance. The City is insured, and apparently the premium will be less. C. Since Mrs. Miller was not recognized during Oral Communication she was invited to address the Council at this time. Mrs. Miller read from a prepared statement asking a number of questions, which were, in turn, answered by Mayor Peterson and Councilman Blankenship. The prepared statement was given to Mayor Peterson by Mrs. Miller. Mr. Emil Pamatot, Vice - President of Inland Counties Health System Agency, Banning Division, addressed the Council regarding a resolution from the Beaumont City Council approving the program for their budget - Riverside County Short Range Transit Plan for Fiscal Year 1981 -85, at no cost to the City of Beaumont. This would require expansion of the Dial -A -Ride System to serve the County unincorporated area of Cherry Valley. Mr. Pamatot continued to read from a prepared letter concerning this request. The Council directed the Acting City Manager to research the request, and prepare a proper resolution for Council Action if recommended. 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 10:50 P.M. On Motion by Councilman Lowry, seconded by Councilman Blankenship, the City Council of the City of Beaumont reconvened to regular session at 11:21 P.M. Let the record show the action in the Executive Session was the appointment of two additional Planning Commissioners, Ethel Remy and Virdo Hampton. Other discussion, with no action taken, concerned expanding the search for a permanent City Manager. Let the record show additional action taken in Executive Session was the hiring of Don Owens & Associates of Irvine, California, to be the principals of the contract relating to the sewer project, and the bonding, working with Jacobs Engineering as well as the City Engineer on the sewer plant expansion. Mr. Virdo Hampton addressed the Council requesting office space be made available to San Gorgonio Resource Conservation District at City Hall. The Acting City Manager was directed to research the availability of this office space within City Hall. Mr. Hampton indicated approximately 200 square feet would be sufficient. There being no further business to come before the Council, on Motion by Councilman Lowry, seconded by Councilman Hammel, the meeting was adjourned at 11:29 P.M. Date set for next regular Study Session, January 26, 1981, at 7:00 P.M., in the City Manager's Conference Room. Date set for next regular Council Meeting, January 26, 1981, at 7:30 P.M., in the City Council Chambers. Respectfully submitted, -i LA VERNE NE , i City Clerk BEAUMONT CITY COUNCIL MINUTES OF SPECIAL MEETING JANUARY 8, 1981 The Beaumont City Council met in a Special Meeting at 3:40 P.M., in the City Manager's Conference Room at the Beaumont Civic Center, Thursday, January 8, 1981, with Mayor Pro Tem Hammel presiding. A -1: CALL TO ORDER: a. Pledge of Allegiance to the Flag was led by Councilman Lowry. b. On Roll 'Call the following Councilmen were present: Councilman Hammel, Councilman Lowry. The meeting was called for the purpose of an Executive Session for Pefsonnel Reasons, There being no quorum present, the meeting was adjourned at 3:44 P.M. Respectfully submitted, / e-----6d4 '0-1'/ G RICHARD HAMMEL, Mayor Pro Tem