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HomeMy Public PortalAbout1983BEAUMONT CITY COUNCIL MINUTES OF ADJOURNED MEETING OF DECEMBER 29, 1983 (Adjourned from December 27, 1983) The Beaumont City Council met in an Adjourned Meeting on Thursday, December 29, 1983, at 7:33 P.M., in the City Council Chambers, with Mayor Thompson presiding. On Roll Call the following Council Members were present: Lowry, May, Russo, Mitchell and Mayor Thompson. 2. The Planning Commission Minutes of Regular Meeting of December 6, 1983 were accepted as amended by Council Action on Agenda Item No. 12 of meeting of December 27, 1983. 14. Presentation of Petition of Protest Concerning 6th Street Median Improvements. Mr. Dick Davis stated he would be willing to pay for additional drafting and extra asphalting in order to leave the crossover on 6th Street in its original location. Motion by Councilman Lowry to continue this agenda item to the next regular meeting died for lack of a second. On Motion by Councilman Mitchell, second by Councilman Lowry, the City Council of the City of Beaumont retains the original crossing in front of Beaumont Tire, Hostess Bakery and the Elks Lodge by making turnouts at that location rather than the location designated on the plan, on the condition that Mr. Dick Davis will pay for the additional drafting that is required by the.engineer, and compen- sate the City for any additional cost in paving materials and /or labor. AYES: Councilmen Lowry, May, Russo and Mitchell. NOES: Mayor Thompson. ABSTAIN: None. ABSENT: None. 15. Request for Amendment to Agreement for Sewer Service - Highland Springs Village, Phase II. On Motion by Councilman Lowry, second by Councilman May, this agenda item was continued until the regular meeting on January 9, 1984. 23. Request from Councilman Russo to Reconsider Previous Position in Opposition to a Medium Security Prison Being Built in the Pass Area. Motion by Councilman Lowry, second by Councilman May, to close the debate on Agenda Item No. 23. AYES: Councilmen NOES: Councilman ABSTAIN: None. ABSENT: None. MOTION CARRIED. Lowry, May and Mitchell. Russo and Mayor Thompson. Motion by Councilman Russo, second by Mayor Thompson to remove the official position of opposition to a medium security prison being built in the Pass Area. AYES: Councilman Russo NOES: Councilmen Lowry, ABSTAIN: None. ABSENT: None. MOTION FAILED and Mayor Thompson. May and Mitchell Page 1 Beaumont City Council December 29, 1983 24. Request from Councilman Russo to Appoint a Law Review Commission. This agenda item was continued until January 9, 1984. 25. Request for Budget Adjustments. On Motion by Councilman Mitchell, second by Councilman Russo, the following Request for Budget Adjustments were approved as requested: a. Budget Transfer necessary to produce updated zoning maps of the City. b. Budget Transfer necessary for implementation of E911 Telephone System in Police Department. C. Budget Transfer necessary for installation of radio in new Dial -A -Ride Bus. d. Budget Transfer to increase Revenue and Expenditure for Highland Springs Sewer Inspection. AYES: Councilmen Lowry, May, Russo, Mitchell and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 26. Submittal of Reports for Filing: The following reports were accepted for filing: a. Transit Enterprise Fund Audit Report for Year Ending June 30, 1983. b. Financial Reports for Period Ending October 31, 1983 and November 30, 1983. C. Financial Update for Period Ending December 22, 1983. d. Report of Planning Commission Action at Meeting of December 20, 1983. 3. Press Release from Chamber of Commerce concerning Prison. Motion by Councilman Lowry, second by Councilman May, to adjourn the meeting at this time because the supplemental agenda being presented had not been approved and discussed by the Council at a study session. AYES: Councilmen Lowry and May. NOES: Councilmen Russo, Mitchell and Mayor Thompson. ABSTAIN: None. ABSENT: None. MOTION FAILED. Councilman Lowry left the meeting at 9:12 P.M. 27. ORDINANCE NO. 587 - FIRST READING - To Codify the Ordinances of the City of Beaumont. On Motion by Councilman Mitchell, second by Councilman Russo, the City Council of the City of Beaumont passes Ordinance No. 587 at its first reading by title only. AYES: Councilmen May, Russo, Mitchell and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Lowry. Page 2 Beaumont City Council December 29, 1983 28. RESOLUTION NO. 1983 -69 - Consenting and Authorizing Submittal of Annexation Application of Uninhabited Territory (Beaumont Annexation No. 32). Motion by Councilman Mitchell, second by Councilman May, to hold this agenda item until the next meeting. AYES: Councilmen May and Mitchell. NOES: Councilman Russo and Mayor Thompson. ABSTAIN: None. ABSENT: Councilman Lowry. MOTION FAILED Motion by Councilman Russo, second by Mayor Thompson, to adopt Resolution No. 1983 -69. AYES: Councilman Russo and Mayor Thompson. NOES: Councilmen May and Mitchell. ABSTAIN: None. ABSENT: Councilman Lowry. MOTION FAILED. 29. Request for Waiver of Requirement to have Curb and Gutter Plans Sub- mitted and approved in Advance of Issuance of Building Permit. Plot Plan 1043. Applicant: Nathan Guerriero. Motion by Councilman Mitchell to modify the conditions of approval to allow the applicant 15 days to produce the engineering for the street and give him a conditional building permit to do temporary grading prior to the issuance of a complete building permit clearance. DIED FOR LACK OF A SECOND. Motion by Mayor Thompson, second by Councilman Russo, that .request for waiver of requirements on Plot Plan 1043 for Nathan Guerriero be denied. AYES: Councilmen May, Russo and Mayor Thompson. NOES: Councilman Mitchell. ABSTAIN: None. ABSENT: Councilman Lowry. MOTION CARRIED. There being no further business to come before the Council, the meeting was adjourned at 9 :38 P.M. Respectfully submitted, ACA 1 City Cle 15' r Page 3 BEAUMONT CITY COUNCIL MINUTES OF DECEMBER 27, 1983 The Beaumont City Council met in a regular meeting at 7:35 P.M., Tuesday, December 27, 1983, in the City Council Chambers, with Mayor Thompson pre- siding. The Invocation was given by Reverand Richard Ashley, First Baptist Church. The Pledge of Allegiance to the Flag was led by Councilman Russo. On Roll Call the following Council Members were present: Lowry, May, Russo, Mitchell and Mayor Thompson. 1. There being no additions, corrections or deletions, the Minutes of Regular Council Meeting of December 12, 1983, were approved as submitted. 2. Acceptance of Corrected Minutes of Planning Commission Meeting of December 6, 1983. On Motion by Councilman Lowry, second by Councilman Mitchell, the acceptance of corrected minutes of Planning Commission meeting of December 6, 1983 will be held until Agenda Item No. 12 is taken into consideration. AYES: Councilmen Lowry, Thompson. NOES: None. ABSTAIN: None. ABSENT: None. May, Russo, Mitchell and Mayor 3. Motion by Councilman Lowry, second by Councilman Russo, to approve warrants as audited per Warrant List of December 27, 1983, in the amount of $81,507.18 and Payroll of December 15, 1983, in the amount of $26,090.55, for payment as audited. W 5. Motion by Councilman Mitchell to amend Councilman Lowry's motion to provide that written contracts will be drawn up to cover Items No. 1741 and 1767 before any future payments are made after this payment, was withdrawn by Councilman Mitchell with the understanding these contracts would be brought to the next meeting. VOTE TAKEN ON ORIGINAL MOTION: AYES: Councilmen Lowry, May, Russo, Mitchell and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. ORAL COMMUNICATION: Mrs. Pat Renna addressed the Council regarding the Conflict of In- terest Policy to be considered for adoption on this agenda and inquired if a conflict of interest existed since the City Manager and the Planning Director are related, and was informed by the City Attorney that although they are related, this does not necessarily create a conflict of interest. ORDINANCE NO. 585 - An Urgency Ordinance Establishing a Utility Tax of Two and One -Half Percent (2.5%) Upon Telephone, Electric, Gas and Cable T.V. Utility Users. Councilman Mitchell requested this Agenda Item be heard after Agenda Item No. 11 had been considered. Page 1 Minutes of Beaumont Cit_ J�ouncil December 27, 1983 There being no objection from any member of the Council, Agenda Item No. 11 was taken out of sequence and considered at this time. 11. OUT OF SEQUENCE. Recommendation to Purchase Fire Truck by Coordinating with Riverside County Bid and Authorization for Mayor to Sign Agreement for Use of Community Development Basic Grant Funds for Fiscal Year 1983 -84. Motion by Councilman Lowry, second by Councilman Russo, approving the purchase of a pumper truck with provision for retrofitting a telescoping squirt unit in cooperation with the bid package and pro- posal of Riverside County for such unit; further authorizing the City Manager to develop a milestone timetable for CDBG; and authori- zing the Mayor to sign and submit the agreement for use of Community Development Basic Grant Funds for Fiscal Year 1983 -84. Motion by Councilman Mitchell to amend Councilman Lowry's motion adding the statement that $30,000 of the fire truck fund shall be returned to the General Fund by loan or other legal process died for lack of a second. VOTE TAKEN ON ORIGINAL MOTION: AYES: Councilmen Lowry, May, Russo, Mitchell and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 5. ORDINANCE NO. 585 - An Urgency Ordinance Establishing a Utility Tax of Two and One -Half Percent (2.5%) Upon Telephone, Electric, Gas and Cable T.V. Utility Users. On Motion by Councilman Lowry, second by Councilman Russo, the City Council will consider Ordinance No. 585 as an Urgency Ordinance by reading of the title only. AYES: Councilmen Lowry, May, Russo, Mitchell and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. There was lengthy discussion concerning proposed Ordinance No. 585 with members of the City Council presenting their questions, followed by open discussion and recognition of members of the public who wished to address the issue. Motion by Councilman Lowry, second by Councilman Russo, to adopt Ordinance No..585 as an Urgency Ordinancy by reading of the title only, with revisions at a later date if necessary. Motion by Councilman Mitchell to amend Councilman Lowry's motion by adding the statement $30,000 shall be turned back to the General Fund from the Fire Truck fund by loan or other legal means, and $30,000 shall be turned back to the General Fund from future building funds by loan or other legal means died for lack of a second. Motion by Mayor Thompson, second by Councilman Mitchell, to amend Councilman Lowry's motion to state that in the title the 2.5 percent shall be reduced to one percent, and that the maximum under Section 5(d), and all other pertinent sections, payable by any service user shall be no more than $1,000 per utility user per month. Motion by Councilman Mitchell to amend Mayor Thompson's amendment by adding the statement $30,000 shall be turned back to the General Fund from the Fire Truck Fund by loan or other legal means, and $30,000 shall be turned back to the General Fund from future building funds by loan or other legal means died for lack of a second. Page 2 Minutes of Beaumont City Council December 27, 1983 VOTE TAKEN ON AMENDMENT MADE BY MAYOR THOMPSON: AYES: Councilmen May, Russo, Mitchell and Mayor Thompson. NOES: Councilman Lowry. ABSTAIN: None. ABSENT: None. AMENDMENT TO MOTION PASSES. The Ordinance was read by title only by the Deputy City Clerk. VOTE TAKEN ON MAIN MOTION: AYES: Councilmen Lowry, May, Russo and Mayor Thompson. NOES: Councilman Mitchell. ABSTAIN: None. ABSENT: None. MOTION CARRIES (AS AMENDED) BY 4/5 MAJORITY. 6. ORDINANCE NO. 572.1 - FIRST READING - Amending Ordinance No. 572 to Provide for the Application of the Ordinance to Commercial and Industrial Zones. On Motion by Councilman Lowry, second by Councilman Russo, the City Council of the City of Beaumont passes Ordinance No. 572.1 at its first reading by title only. AYES: Councilmen Lowry, May, Russo, Mitchell and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 7. RESOLUTION NO. 1983 -63 - Adopting Conflict of Interest Policy. There being no objections from the Council, this Agenda Item was continued until the regular meeting of January 9, 1984. 8. ORDINANCE NO. 587 - FIRST READING - To Codify the Ordinances of the City of Beaumont. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont passes. Ordinance No. 587 at its first reading by title only. AYES: Councilmen Lowry, May, Russo, Mitchell and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 9. RESOLUTION NO, 1983 -65 - Designating the County of Riverside as its Agent for Service of Process for Any and All Actions Brought Against the City of Beaumont Under Division 1, Part 9, Chapter 5, Article 2, Section 5140, Et Seq. of the Revenue and Taxation Code. On Motion by Councilman Mitchell, second by Councilman Lowry, the City Council of the City of Beaumont adopts Resolution No. 1983 -65. AYES: Councilmen Lowry, May, Russo, Mitchell and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 10. RESOLUTION NO. 1983 -64 - As to Procedures for an Official or Employee To Request that the City Provide a Defense of the Employee in a Lawsuit. On Motion by Councilman Mitchell, second by Councilman Lowry, the City Council of the City of Beaumont adopts Resolution No. 1983 -64. Page 3 Minutes of Beaumont City council December 27, 1983 AYES: Councilmen Lowry, May, Russo, Mitchell and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 12. Review of Plot Plan 1043. Applicant: Nathan Guerriero. Location: Beaumont Avenue and 2nd Street. The City Council received input from the applicant as well as the Planning Director concerning the conditions of approval for this plot plan. Motion by Councilman Lowry and second by Councilman May, to accept the staff recommendation as approved by the Planning Commission, and conditions of approval except 13.24(b), with the change in Section 13.21 made on December 20, 1983 included, was withdrawn by Councilman Lowry. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont accepts the Planning Commission action as Plot Plan 1043- 83 -13 -8 with the revisions made on Section 13.21 made on December 20, 1983 included, but deleting entirely Section 13.24. AYES: Councilmen Lowry, May, Russo, Mitchell and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 13. Request for Reimbursement of.Costs for Damages Due to Sewer Back -Up. Councilman Mitchell left the Chamber at 10:53 P.M. and returned at 10:55 P.M. On Motion by Councilman May, second by Councilman Lowry; the City Council of the City of Beaumont approves reimbursement to Mr. and Mrs. Joe Vrzal for damages caused by a sewer blockage in the amount of $256.00, to be taken from Line Item 10- 405 -252. AYES: Councilmen Lowry, May, Russo and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Mitchell. 14. Presentation of Petition of Protest Concerning 6th Street Median Improvements. After discussion, this agenda item was continued until the adjourned meeting of December 29, 1983. 15. Request for Amendment to Agreement for Sewer Service - Highland Springs Village, Phase II. This agenda item was continued until the adjourned meeting of December 29, 1983. Motion by Councilman Lowry, second by Councilman May, to adjourn the meeting at this time. AYES: Councilman May. NOES: Councilmen Russo, Mitchell and Mayor Thompson. ABSTAIN: None. ABSENT: None. Councilman Lowry did not vote. MOTION FAILED. 16. Petition for Formation of Special Assessment District (Cougar- Brookside Property Owner's Association). Page 4 Minutes of Beaumont City Council December 27, 1983 17. Agreement Between City of Beaumont and Cougar - Brookside Property Owner's Association, Consideration of Acceptance. 18. Consideration of Proposal for Engineering Services - Special Assessment District. 19. Consideration of Proposal for Legal Services - Special Assessment District. On Motion by Councilman Mitchell, second by Councilman Russo, the City Council of the City of Beaumont accepts the following and authorizes the Mayor to execute all documents involved: Petition for Formation of Special Assessment District (Cougar - Brookside Property Owner's Association). Agreement Between City and Cougar - Brookside Property Owner's Association. Proposal for Engineering Services for Special Assessment District. Proposal for Legal Services for Special Assessment District. AYES: Councilmen May, Russo, Mitchell and Mayor Thompson. NOES: None. ABSTAIN: Councilman Lowry. ABSENT: None. 20. RESOLUTION NO. 1983 -66 - Employing Bond Counsel for Performing Assessment Work. 21. RESOLUTION NO. 1983 -67 - Employing Engineer to Perform Assessment Work. 22. RESOLUTION NO. 1983 -68 - Ordering Preparation of Boundary Map for Special Assessment District. On Motion by Councilman Mitchell, second by Councilman Russo, the City Council of the City of Beaumont adopts Resolutions No. 1.983- 66, 1983 -67 and 1983 -68. AYES: Councilmen Lowry, May, Russo, Mitchell and Mayor Thompson. NOES. None. ABSTAIN: None. ABSENT: None. On Motion by Councilman Lowry, second by Councilman Russo, the meeting was adjourned to 7:30 P.M. on Thursday, December 29, 1983, at 11:20 P.M. Res „p tfully submitted, Duty City Clerk Page 5 BEAUMONT CITY COUNCIL MINUTES OF DECEMBER 12, 1983 The Beaumont City Council met in a regular meeting at 7:30 P.M., Monday, December 12, 1983, in the City Council Chambers, with Mayor Thompson pre- siding. The Invocation was given by Reverand Roland Thorwaldsen, St. Stephens Episcopal. The Pledge of Allegiance to the Flag was led by Councilman Russo. On Roll Call the following Council Members were present: Lowry, May, Russo, Mitchell and Mayor Thompson. 1. Councilman Lowry requested the minutes be corrected to reflect as follows: Agenda Item No. 9: Motion by Councilman Mitchell, second by Councilman Lowry, to amend Councilman Russo's motion to indicate a specific dollar amount rather than a percentage amount with the dollar amount being $197.50, with this to be a special non - precedent setting case. There being no further additions, corrections or deletions, the Minutes of Regular Council Meeting of November 28, 1983, were approved as corrected. 2. There being no objections, the Minutes of Regular Planning Commission meeting of November 15, 1983 and Adjourned meeting of November 21, 1983, were accepted for filing. 3. On Motion by Councilman Lowry, second by Councilman Russo, the City Council directs that Warrant No. 1653, in the amount of $30,078.91, be deleted from the Warrant List for payment at a later time; further approving the balance of the warrants in the corrected amount of $222,997.70, and Payroll of December 1, 1983, in the amount of $25,285.00, for payment as audited. AYES: Councilmen Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 4. ORAL COMMUNICATION: Lowry, May, Russo, Mitchell and Mayor Mrs. Ann Conners addressed the Council, requesting the $2,700 given to the Chamber of Commerce during the special election be repaid to the City by the three Councilmen who approved it initially, in the amount of $900.00 per Councilman. Mr. Dave Dysart, South Highland Springs Avenue, President of a citizens committee known as "Citizens Against the Pass Area Prison ", addressed the Council requesting that a moratorium be placed on the sewage system that has been approved for the new annexation west of Beaumont until it has been determined that the sewage system will be used for what it was originally designated. 5. ORDINANCE NO. 585 - Establishing a Utility Tax of Two (2%) Percent Upon Telephone, Electric, Water, Gas and Cable T.V. Utilities. The City Manager gave a synopsis of his letter concerning the proposed utility users tax for the benefit of the public. It was determined on a point of order by Councilman Mitchell that the Council Members would first discuss this agenda item without Page 1 recognizing any members of the audience. Each Council Member was then given the opportunity to ask any questions they might have. There followed a lengthy discussion with members of the audience, as well as Council Members, participating. Motion by Councilman Lowry, second by Councilman Russo, to adopt Ordinance No. 585 with the title corrected to read Utility Users Tax, and incorporating the suggestions made by the representative of Southern California Edison; to exempt the water users tax by striking Section 7; to increase the rate to 2.16 %; and add the phrase to the last paragraph of each section pertaining to the individual utility companies, stating, "a pro -rated portion for lesser periods "; to delete Section 16 as written and insert the new Section 16 entitled "Civil Debt ". Motion by Councilman Mitchell to amend Councilman Lowry's motion to increase the 2% to 5% for the first one year pending a full analytical survey of the fiscal status of the City of Beaumont died for lack of a second. Motion by Councilman Lowry, second by Councilman Russo, to waive a reading of the ordinance in its entirety and consider adoption of said ordinance by title only. AYES: Councilmen Lowry, Thompson. NOES: None. ABSTAIN: None. ABSENT: None. May, Russo, Mitchell and Mayor Motion by Councilman Mitchell, second by Councilman Lowry, to amend Councilman Lowry's motion to increase the 2.16% to 4% for the first year pending a full analyzation of the fiscal picture of the City of Beaumont. VOTE TAKEN ON AMENDMENT TO MOTION TO ADOPT: AYES: Councilmen Lowry and Mitchell. NOES: Councilmen May, Russo and Mayor Thompson ABSTAIN: None. ABSENT: None. MOTION TO AMEND FAILED. Ordinance No. 585 was read by title only by the City Clerk. VOTE TAKEN ON ORIGINAL MOTION TO ADOPT ORDINANCE NO. 585: AYES: Councilmen Lowry, May, Russo. NOES: Councilman Mitchell and Mayor Thompson. ABSTAIN: None. ABSENT: None. MOTION FAILED DUE TO LACK OF 4/5 MAJORITY. Motion by Mayor Thompson, second by Councilman Lowry, to reconsider Ordinance No. 585 at the regular meeting of December 27, 1983. AYES: Councilmen Lowry, Thompson. NOES: None. ABSTAIN: None. ABSENT: None. May, Russo, Mitchell and Mayor 6. RESOLUTION NO. 1983 -61 - Authorizing the Mayor, Two Councilmen, Finance Director and City Treasurer to Sign Checks. On Motion by Councilman Mitchell, second by Councilman Lowry, the City Council of the City of Beaumont adopts Resolution No. 1983 -61. AYES: C Councilmen Lowry, M Page 2 7. a RESOLUTION NO. 1983 -62 - Accepting Final Map for Tract Number 10018. Motion by Councilman Mitchell, second by Councilman Lowry, to adopt Resolution No. 1983 -62 was withdrawn. On Motion by Councilman Mitchell, second by Councilman Lowry, the City Council of the City of Beaumont accepts the Subdivision Improvement Agreement subject to the City Attorney's positive report. AYES: Councilmen Lowry, Thompson. NOES: None. ABSTAIN: None. ABSENT: None. May, Russo, Mitchell and Mayor On Motion by Councilman Mitchell, second by Councilman Lowry, the City Council of the City of Beaumont adopts Resolution No. 1983 -62 accepting the Final Tract Map for Tract Number 10018. AYES: Councilmen Lowry, Thompson. NOES: None. ABSTAIN: None. ABSENT: None. May, Russo, Mitchell and Mayor Authorization to Provide Legal Representation for City Employee. On Motion by Councilman Lowry, second by Councilman Mitchell, the City Council of the City of Beaumont authorizes the City Attorney to represent John Funston, as well as the City of Beaumont, in the action of Jay David West vs City of Beaumont and Officer Funston; and further directs the City Attorney to prepare a policy to be adopted for use in all future requests of this nature. AYES: Councilmen Lowry, Thompson. NOES: None. ABSTAIN: None. ABSENT: None. May, Russo, Mitchell and Mayor Decision as to Preparation of Resolution or Ordinance for Conflict of Interest Policy. On Motion by Councilman Mitchell, second by Councilman Russo, the City Council of the City of Beaumont directs the City Attorney to prepare a resolution for a Conflict of Interest policy not to exceed one hour of time at $70.00 per hour. AYES: Councilmen Lowry, Thompson. NOES: None. ABSTAIN: None. ABSENT: None. May, Russo, Mitchell and Mayor 10. Authorization for Expenditure of Donated Funds for Purchase of Additional Tables by the Senior Center. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont allocates the $100.00 gift to Line Item 01 -610 -303 and transfers $5.90 from 01 -610 -226 into 01- 610 -303; and further authorizes the Purchasing Agent to Purchase two tables for the Senior Center for a cost of $105.90. AYES: Councilmen Lowry, Thompson. NOES: None. ABSTAIN: None. ABSENT: None. May, Russo, Mitchell and Mayor Page 3 11. 12. ADD ITEM 13. ADD ITEM 14. Recommendation on Award of Bid - Michigan Avenue Improvements. On Motion by Councilman Mitchell, second by Councilman Lowry, the City Council of the City of Beaumont continues this agenda item to the regular meeting of January 9, 1984. AYES: Councilmen Lowry, Thompson. NOES: None. ABSTAIN: None. ABSENT: None. May, Russo, Mitchell and Mayor Submittal of Report of Planning Commission Action at Meeting of December 6, 1983. Councilman Lowry appealed the decision of the Planning Commission on Plot Plan 1043 (Guerriero) to the City Council for review, the reason being the proposed closing of 2nd Street and question concerning paving of the street into the proposed development and the allowance of A.C. curb along the area. Request to Rescind Allocation to Chamber of Commerce. Motion by Councilman Lowry, second by Councilman May, to rescind payment of all funds being paid to the Chamber of Commerce. AYES: Councilmen Lowry NOES: Councilmen Russo, ABSTAIN: None. ABSENT: None. MOTION FAILED. and May. Mitchell and Mayor Thompson. Request to Hold Pennsylvania Avenue Construction (6th Street to I -10) Until February 1, 1984. On Motion by Councilman Mitchell, second by Councilman May, the City Council of the City of Beaumont directs that construction of the Pennsylvania Avenue Improvements (6th Street to Freeway) be held off until February 1, 1984 or less, pending the time the City can negotiate with Beaumont - Cherry Valley Water District to upgrade the water line from 8" to 12" in the area for fire flow improvement, provided this motion will in no way affect the legal rights of the contractor or the City of Beaumont in the event we are unable to negotiate with him to meet our time re- strictions. AYES: Councilmen Lowry, Thompson. NOES: None. ABSTAIN: None. ABSENT: None. May, Russo, Mitchell and Mayor There being no further business to come before the Council, the meeting was adjourned at 10:20 P.M. Respectfully submitted, RENE JO/YCV SW NEY, CITY CLERK Page 4 BEAUMONT CITY COUNCIL MINUTES OF NOVEMBER 28, 1983 The Beaumont City Council met in a regular meeting at 7:30 P.M., Monday, November 28, 1983, in the City Council Chambers, with Mayor Thompson presiding. The Invocation was given by Reverand George Krieger, First Christian Church. The Pledge of Allegiance to the Flag was led by Councilman Shaw. Mayor Thompson presented plaques to retiring Councilmen Richard Hammel and Fred Shaw with gratitude for their dedicated service to the City. 1. 2. 3. ME 0 RESOLUTION NO. 1983 -59 - Reciting the Fact of the General Municipal Election Held in said City on November 8, 1983, Declaring the Re- sult Thereof and Such Other Matters as are provided by law. The Resolution was read in its entirety by the City Clerk. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont adopts Resolution No. 1983 -59. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. The City Clerk administered the Oath of Office to the newly elected Councilmen, Matthew Russo and Irish D. Mitchell, and to the City Attorney, George Ryskamp. On Roll Call the following Council Members were present: Russo Lowry, May, Mitchell and Thompson. Reorganization of Council. On Motion by Councilman May, second by Councilman Lowry, the City Council of the City of Beaumont appoints Councilman James B. Thompson to serve as Mayor, with Councilman Matthew Russo serving as Mayor Pro Tern. AYES: Councilman Lowry, Thompson. NOES: None. ABSTAIN: None. ABSENT: None. May, Russo, Mitchell,, Mayor Councilman Russo presented a Certificate of Appreciation from the Beaumont Police Department and the Beaumont Police Reserves to retiring Councilman Fred Shaw for his dedicated service to the citizens of Beaumont and to the Beaumont Police Department. The City Attorney presented a statement concerning the law as it pertains to conflicts of interest in general, and to the litiga- tion pending instigated by Councilman Mitchell against the City. Councilman Mitchell read a statement concerning the policy he will follow in this regard. There being no additions, corrections or deletions, the Minutes of Regular Council Meeting of November 14, 1983, were approved as submitted. Page 1 0 7. 0 1 There being no objections, the Minutes of Regular Planning Commis- sion Meeting of November 1, 1983 were accepted for filing. On Motion by Councilman Lowry, second by Councilman Russo, Payroll of November 17 1983, in the amount of $25,732.25, was approved for payment. AYES: Councilman Lowry, Thompson. NOES: None. ABSTAIN: None. ABSENT: None. ORAL COMMUNICATION: May, Russo, Mitchell, Mayor Mr. Roger Berg, 1164 Euclid, addressed the Council concerning a letter to the editor which appeared in the Press - Enterprise on November 26, 1983, written by Councilman Mitchell, and asked Councilman Mitchell to either publically apologize to the City Manager or resign from his seat on the City Council if his charges are found to be untrue. Mr. Lymon Burhop, 1162 Pennsylvania Avenue, addressed the Council requesting the newly elected Council re -adopt the resolution opposing the location of a new prison in the Pass area. Mr. Bud Matthewson presented booklets to the Council Members for their personal use. Request from Beaumont Poultry for Waiver of Penalty Assessed for Non - Renewal of Business License. Motion by Councilman Lowry, second by Mayor Thompson, to deny request for waiver of penalty for non - renewal of business license. AYES: Councilman Lowry and Mayor Thompson. NOES: Councilmen Russo and Mitchell. ABSTAIN: Councilman May. ABSENT: None. MOTION FAILED. Motion by Councilman Mitchell to rescind the 100% penalty levied against Beaumont Poultry died for lack of a second. Motion by Councilman Russo, second by Councilman Lowry, to waive the 100% penalty assessed for non - renewal of Beaumont Poultry's business license, and in lieu of 100% penalty assess them a 25% penalty in addition to regular license fee renewal. Councilman Lowry withdrew his second of Councilman Russo's motion. Motion by Councilman Russo, second by Councilman Mitchell, to waive the 100% penalty assessed to Beaumont Poultry for non - re-newal of business license, and levy a 25% penalty in addition to the regular license fee renewal. Motion by Councilman Mitchell, second by Councilman Lowry, to amend Councilman Russo's motion to indicate a specific dollar amount rather than a percentage amount with the dollar amount being $197.50, with this to be a special non - precedent setting case. VOTE TAKEN ON AMENDMENT TO MOTION: AYES: Councilmen Lowry, Russo and Mitchell. NOES: Mayor Thompson. ABSTAIN: Councilman May. ABSENT: None. Page 2 VOTE TAKEN ON ORIGINAL MOTION: AYES: Councilmen Lowry, Russo and Mitchell NOES: Mayor Thompson ABSTAIN: Councilman May. ABSENT: None. MOTION CARRIED AS AMENDED. Councilman Lowry left the room at 8:34 P.M. 10. RESOLUTION -NO. 1983 -56 - Making Applicable.the Provisions of the Code of Civil Procedure Section 1094.6 Providing for Judicial Review of Administrative Decisions. On Motion by Councilman Mitchell, second by Councilman May, the City Council of the City of Beaumont adopts Resolution No. 1983- 56. AYES: Councilmen May, Russo, Mitchell and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Lowry. 11. RESOLUTION NO. 1983 -57 - Opposing Rate Increase Requested by the Southern California'Edison Company. 12. RESOLUTION NO. 1983 -58 - Opposing Rate Increase Requested by the Southern California Gas Company. On Motion by Councilman Russo, second by Councilman Mitchell, the City Council of the City of Beaumont adopts Resolution No. 1983 -57 and Resolution No. 1983 -58. AYES: Councilman Lowry, May, Russo, Mitchell, Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 13. RESOLUTION NO. 1983 -60 - Accepting Title to Property and Providing for Recording Deeds. Motion by Councilman Lowry, second by Councilman May, to adopt Resolution No. 1983 -60. Councilman Mitchell objected to consideration of the motion made by Councilman Lowry. VOTE TAKEN ON QUESTION: AYES: Councilmen Lowry, May, Russo and Mayor Thompson. NOES: Councilman Mitchell. OBJECTION TO CONSIDERATION FAILED. Motion by Councilman Mitchell, second by Councilman May, to amend Councilman Lowry's motion to require the deletion from the last sentence in Section 3 be restored to the Agreement. Councilman May withdrew his second. Motion to amend died for lack of a second. VOTE TAKEN ON ORIGINAL MOTION: AYES: Councilmen Lowry, May and Mayor Thompson. NOES: Councilman Mitchell. ABSTAIN: Councilman Russo. ABSENT: None. Page 3 14. 15. 16. 17. Consideration of Request from Ms. Nancy Hasenpflug for Reimburse- ment for Damages Caused by Sewer Back -Up. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont directs that Ms. Nancy Hasenpflug be reimbursed for damages incurred due to sewer back -up in the amount of $131.17, to be taken from Account No. 10- 405 -252. AYES: Councilmen Lowry, Thompson. NOES: None. ABSTAIN: None. ABSENT: None. May, Russo, Mitchell and Mayor Acceptance of Agreement with J. F. Davidson Associates for Assign- ment of Original Agreement with Willdan Associates for Design of New Wastewater Treatment Plant at Jack Rabbit Trail. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont accepts the agreement for assign- ment of original agreement with Willdan Associates to J. F. Davidson Associates for design of the new wastewater treatment plant at Jack Rabbit Trail. Motion by Councilman Mitchell to amend Councilman Lowry's motion died for lack of a second. AYES: Councilman Lowry, Thompson. NOES: None. ABSTAIN: None. ABSENT: None. May, Russo, Mitchell, Mayor Councilman Mitchell left the room at 9:24 P.M. Request for Approval of Modification of Tentative Tract Map 18414. On Motion by Councilman Lowry, second.by Councilman Russo, the City Council of the City of Beaumont approves the modification of Ten - tative Tract Map 18414 showing Olive Street as a terminated Street with a barricade, with the stipulation that there will be no fees for the modification of the map charged by the City. AYES: Councilmen Lowry, May, Russo and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Mitchell Report and Recommendation Regarding Award of Bid - Dial -A -Ride Bus. On Motion by Councilman May, second by Councilman Russo, the City Council of the City of Beaumont accepts the report and the regarding the award of the bid for the Dial -A -Ride bus in the amount of $36,914.96. AYES: Councilman Lowry, Thompson. NOES: None. ABSTAIN: None. ABSENT: None. May, Russo, Mitchell, Mayor 18. Adoption of Notice of Exemption Regarding Fire Truck Purchase. On Motion by Councilman Lowry, second by Councilman May, the City Council.of the City of Beaumont directs that a Notice of Exemption from Environmental Review be filed in connection with the City of Beaumont application for 9th Year CDBG funds. The City Council finds that the purchasing activity involved with this application is a ministerial function of City government, and pursuant to California Administrative Code, Title 14, Section 15073, is exempt from CEQA requirements and authorizes the City Manager to sign said Notice of Exemption. AYES: Councilman Lowry, May, Russo, Mitchell, Mayor Thompson. NOES: None. ABSTAIN: None. Page 4 AT CTTXYT_ AT - - 19. Request of Councilman Lowry for Consideration of Contracting Clerk - Dispatcher Services. Motion by Councilman Lowry to contract the Clerk - Dispatcher services to the Sheriff's Department for $7,200 per year, creating a savings of approximately $60,000 per year died for lack of a second. 20. Approval of Procedure for Council Information. On motion by Mayor Thompson, second by Councilman May, the City Council of the City of Beaumont adopts the Councilmanic Request Form as presented. AYES: Councilman Lowry, May, Russo, Mitchell, Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 21. Request for Consolidation of City Operations at One Location. On Motion by Councilman Mitchell, second by Councilman May, the City Council of the City of Beaumont rejects the request for consideration of consolidation of city operations at one loca- tion. AYES: Councilmen May, Mitchell and Mayor Thompson. NOES: Councilman Russo. ABSTAIN: Councilman Lowry. ABSENT: None. Mr. Jim Melvin, 1425 Cherry Avenue, asked to be recognized, and congratulated the new councilmen, and also made it known that he had $180.00 left from his election campaign fund which he is donating to a non - profit organization for the purpose of placing house numbers on the curbing within the City of Beaumont. 22. Budget Revenue Discussion. After a verbal presentation by the City Manager, this agenda item was continued. 23. Consideration.of Letter of Condemnation Pertaining to Property at 60 Michigan Avenue. On Motion by Mayor Thompson, second by Councilman May, the City Council of the City of Beaumont directs the City Attorney to proceed to initiate those actions which will result in condemna- tion of the property. AYES: Councilman Lowry, May, Russo, Mitchell, Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 24. The Report of Planning Commission action at meeting of November 15, 1983 was accepted for filing. ADD ITEM 25. Request for Authorization to Expend Funds for Inspection of High- land Springs Sewer Project. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont authorizes the expenditure of funds to provide for inspection of the Highland Springs Resort sewer line for a maximum of forty hours at the rate of $20.00 per hour. Page 5 AYES: NOES: ABSTAIN ABSENT: ADD ITEM 26. Council Councilman Lowry, Thompson. None. None. None. Position on Prison. May, Russo, Mitchell, Mayor Motion by Councilman May, second by Councilman Mitchell, to oppose the prison being built in the vicinity of Beaumont. AYES: Councilmen Lowry, May and Mitchell. NOES: Councilman Russo and Mayor Thompson. ABSTAIN: None. ABSENT: None. Councilman Mitchell asked the Chair to name a committee to look into solutions to make the City pay its way, with this committee to work with staff and the City Manager. Mayor Thompson indicated he would consider it and appoint a committee between this date and the next meeting. There being no further business to come before the Council, the meeting was adjourned to Thursday, December 1, 1983, at 3:00 P.M., in the City Manager's conference room, for the purpose of holding a study session with City staff, at 10:50 P.M. Respectfully submitted, n Irene J0yc Sweeney, C�Jty Clerk Page 6 BEAUMONT CITY COUNCIL MINUTES OF NOVEMBER 14, 1983 The Beaumont City Council met in a regular meeting at 7:32 P.M., Monday, November 14, 1983, in the City Council Chambers, with Mayor Thompson pre- siding. The Invocation was given by Reverand Bob Whited, Cherry Valley Brethren Church. The Pledge of Allegiance to the Flag was led by Councilman Shaw. On Roll Call the following Council Members were present: May, Shaw, Hammel, Lowry and Mayor Thompson. 1. There being no additions, corrections or deletions, the Minutes of Regular Council Meeting of October 24, 1983, were approved as submitted. 2. There being no objections, the Minutes of Regular Planning Commission Meeting of October 18, 1983, were accepted for filing. 3. On Motion by Councilman Shaw, second by Councilman Lowry, warrants as audited per Warrant List of November 14, 1983, in the amount of $46,240.93; Payroll of October 20, 1983, in the amount of $26,389.82; and Payroll of November 3, 1983, in the amount of $25,524.73, were approved for payment as audited. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 4. ORAL COMMUNICATION: a. Mr. Harley Stapleton, Beaumont Poultry, regarding penalty assessed for non - renewal of business license. Let the record show Mr. Stapleton was not present in the audience. b. Mrs. Ann Connors addressed the Council asking what happened to the balance of the funds remaining in the Redevelopment Agency, and was informed they were returned to the Building Fund where it was taken from in the beginning. Mrs. Connors also inquired who would be responsible for sending the certified copy of Ordinance 582 to the Secretary of State for filing, and was informed the City Clerk would be responsible for this. Let the record show Ordinance 582 was recorded with the Secretary of State on November 1, 1983. 5. Authorization for Mayor to Sign Program Supplement No. 3 to Local Agency -State Agreement No. 8 -5209 (Pavement Marking). On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont authorizes the Mayor to sign Program Supplement No. 3 to Local Agency -State Agreement No. 8 -5209 (Pavement Marking). AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Page 1 W 7. �012 10. Consideration of Award of Bid for Pennsylvania Avenue Improvements, Project No. 8303. On Motion by Councilman Hammel, second by Councilman Shaw, the City Council of the City of Beaumont awards Project 8303, Pennsyl- vania Avenue Improvements, to the low bidder, Baldi Bros. Constructers Co., in the amount of $64,106.20. AYES: Councilmen May, Shaw, Hammel and Mayor Thompson. NOES: Councilman Lowry. ABSTAIN: None. ABSENT: None. Authorization to Re- Advertise for Bids on Project No. 8307, Michigan Avenue Improvements (11th to 12th Street). On Motion by Councilman Shaw, second by Councilman Hammel, the City Council of the City of Beaumont authorizes the City Engineer to re -bid the Michigan Avenue Improvements, Project No. 8307, for a complete reconstruction, with bid opening date set for December 6, 1983, at 2:00 P.M. AYES: Councilmen May, Shaw, Hammel and Mayor Thompson. NOES: Councilman Lowry. ABSTAIN: None. ABSENT: None. Request from Inland Disposal for Consideration of Additional Five Year Option to be Added to Existing Contract. On Motion by Councilman Shaw, second by Councilman Hammel, the City Council of the City of Beaumont denies the request of Inland Disposal for an additional five year option to be added to the existing contract, with the contract to be opened to competitive bid at the time of renewal. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Consideration of Report Concerning Possible Transfer of Field Cable Television Franchise. After discussion, the Council determined a new Ordinance granting the cable franchise to the transferee will be drawn up with the same language as Ordinance 549, and to include 1) all fees owing the City by Field CableVision shall be paid prior to the transfer; 2) any construction area, especially the streets, be certified by the City Engineer as being fully acceptable to the City and assuming the responsibility of Field CableVision that all streets will be repaired within the two year period from the date the franchise was granted to Field CableVision (as stipulated in Section 12 of Ordin- ance 549; 3) they will meet all commitments of Field CableVision; 4) post a guarantee fee of $50,000.00; and 5) no change in rates. Decision Concerning Attendance at Senate Hearings Regarding Local Financing Issue and Statement from City. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont directs and authorizes the Mayor and other City staff to represent the City at the Senate hearings scheduled for November 22, 1983. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: None. ABSTAIN: Councilman Hammel. ABSENT: None. Page 2 11. Acceptance of Maintenance Yard Building and Authorization for Mayor to Sign Notice of Completion. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont accepts the completed work on Project 8301 and authorizes payment to Tri -City Construction of the retention payment ($3,373.00) at the expiration of the filing of 35 days from date of filing Notice of Completion. The Council further authorizes the Mayor to sign the Notice of Completion and the City Clerk to cause the same to be recorded with the County Recorder. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 12. Consideration of Claim Against City Filed by Carroll D. Hanson. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont rejects claim filed against the City filed by Carroll D. Hanson, and direct that Notice of Re- jection be mailed to the claimant. AYES: Councilmen May, Lowry and Mayor Thompson. NOES: Councilman Shaw. ABSTAIN: Councilman Hammel. ABSENT: None. 13. Request for Budget Adjustment for Purchase of Filing Cabinet in Planning Department. On Motion by Councilman May, second by Councilman Lowry; the City Council of the City of Beaumont approves budget adjustment for purchase of filing cabinet in Planning Department, with $80.00 to be transferred from Account No. 01 -135 -225 and $80.00 to be transferred from Account No. 01 -135 -226, making a total trans- ferred to Account No. 01- 135 -303 of $160.00. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 14. SUBMITTAL OF REPORTS FOR FILING: The City Council accepted the following reports for filing: a) Report of the State Controller on Audit of Article 4 and Article 8 Funds for City of Beaumont, Fiscal Year Ending June 30, 1983; b) Financial Report for Period July 1- October 31, 1983; c) Report of Planning Commission Action at Meeting of November 1, 1983. ADD ITEM 15. Request for Authorization to Expend Additional Money to Make Paving Pass in Conjunction with the Cherry Avenue Project. On Motion by Councilman Shaw, second by Councilman Lowry, the City Council of the City of Beaumont authorizes an expenditure not to exceed $2,500.00 at the rate of $39.00 per ton to be taken from the sewer construction fund for any cut of existing paving in conjunction with the Cherry Avenue Sewer Project. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: Councilman Hammel. ABSTAIN: None. ABSENT: None. There being no further business to come before the Council, the meeting was adjourned at 9:03 P.M. Respectfully submitted, Ilrene �by(Ue',Sweeney, City Clerk Page 3 �J BEAUMONT CITY COUNCIL MINUTES OF OCTOBER 24, 1983 The Beaumont City Council met in a regular meeting at 7:30 P.M., on Monday, October 24, 1983, in the City Council Chambers, with Mayor Thompson presiding. The Invocation was given by Reverand Del Boatman, Gospel Outreach Church. The Pledge of Allegiance to the Flag was led by Councilman Shaw. On Roll Call the following Council Members were present: May, Shaw, Hammel, and Mayor Thompson. Councilman Lowry was excused. 1. There being no additions, corrections or deletions, the Minutes of Special Council Meeting of October 6, 1983 and Regular Council Meeting of October 10, 1983, were approved as submitted. 2. There being no objections, the Minutes of Regular Planning Commission Meeting of October 4, 1983, were accepted for filing. 3. On Motion by Councilman Shaw, second by Councilman May, warrants as audited per Warrant List of October 24, 1983, in the amount of $136,992.06; and Payroll of October 6, 1983, in the amount of $25,147.65, were approved for payment as audited. AYES: Councilmen May, Shaw, Hammel and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Lowry. ADD ITEM 20 Out of Sequence. Direction to Fly Flag at City Hall at Half Mast. On Motion by Councilman Shaw, second by Councilman Hammel, the City Council of the City of Beaumont directs that the flag at City Hall shall be flown at half mast to honor the dead marines in Beirut, for a period of thirty days, in conformance with the Federal Govern- ment. AYES: Councilmen May, Shaw, Hammel and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Lowry. 4. ORAL COMMUNICATION: Prior to opening oral communication to the public, Councilman Shaw requested to speak, asking the City Manager why, at the time of the annexation proceedings on Annexation No..29, he informed the Council the site was to be used for a housing development, and did not in- form them it was being considered for a prison site. Mr. Davis stated the applicants, Mr. Danner and Mr. Parker, not he, stated in their application a housing development was the proposed use. So far as a prison site was concerned, although inquiries had been made by State personnel regarding the City's ability to provide certain services, they were no different than any other developer making an investigation of a City for potential development, and no decision has yet been made by the State, and there was nothing to inform the Council about at that time, or at this point in time. a. Mr. Oscar Berg, 1169 Euclid Avenue, addressed the Council regarding the sewer line on Illinois Avenue, stating the City should furnish him with a letter to the effect the sewer has been repaired properly and inspected properly, since he is trying to sell his property on Page 1 Illinois and would like to assure any potential buyer. b. Mr. Joseph Picard, 1157 Palm Avenue, addressed the Council concerning firearms being discharged across the street from his residence on Palm Avenue, and further stating his dissatisfaction with the manner in which this has been handled by the Police Department because nothing has been done about it. He then asked the Council what they are going to do about this threat to his life and the lives of his family and neighbors. Deputy Chief Justus indicated that Mr. Picard is correct in that there is a continuing problem at this location with firearms, consumption of alcohol and other illegal substances. The neighbors are cooperating and have called the Police Department, however, without having a witness or victim who is willing to prosecute, it.is very difficult to make a case unless the officers actually observe it. In respond- ing to the incident this weekend, when the officers questioned the suspects, they were told there had been no shots fired, which was false information, but.no other witnesses were willing to provide information. There have also been other incidences where the victims reported the crime, but have declined to identify the person. As a result the Police Department is at a disadvantage. If the Police Department can get cooperation from people who are victims to prosecute, it would help a great deal. The Police Department has contacted people who are known to be victims, but they have refused to get involved and will not prosecute. If the Police Department violates someone's rights they would just involve the City in civil litigation. There are cer- tain rules and procedures which the police must follow regardless of the impact. In answer to a question from Mayor Thompson, Chief Justus stated they would be glad to get together with the residents of the neighborhood and outline to them the specific information they required when an incident happens, and also encourage them to be witnesses who will testify, and victims who will press charges. Mr. Picard said there would be no problem in setting up a meeting of this type. Chief Justus was asked to report back to the Council at their next meeting as to the progress in this matter. C. Mr. Harold Blackaby, 662 Maple, addressed the Council requesting they direct the City Manager to return the trash pick -up across from their residence to the alley which runs north to the westerly side of the old 4 -Ks Market building. He then asked, in light of the ordinances which have been passed to clean up eyesores in the City, why was this trash pick -up moved out onto Maple Avenue. Note: The tape ran out at this point and the balance of Mr. Blackaby's statements were not recorded. The Clerk's notes indicate Mr. Blackaby then made statements concerning the current City management, and re- ferring to the upcoming election as a remedy. d. Mr. George Connors, 813 Elm, addressed the Council concerning the Executive Session held on October 10, 1983, asking what the reason was for the closed session, what matters were covered in the closed session, and when was the statement given about the things that happened in the closed session. The minutes of October 10, 1983 were.quoted to Mr. Connors, which indicated the reason for the Executive Session, the topics.of dis- cussion during Executive.Session, and the fact no definitive decisions were rendered in Executive Session. e. Mrs. Ann Connors, 813 Elm, addressed the Council concerning confusion when a Councilman stated at the October 6 meeting that an explanation would be demanded at the next meeting, and when this didn't happen at the next meeting, the citizens were told they were the ones who were expected to bring it up. Councilman Hammel was asked to respond and stated it just didn't occur at the meeting of October 10, and he expected, with the interest Page 2 professed by the citizens at the meeting of October 6, they would bring the issue up, and if they didn't get their answer tonight, they are free to ask the question again. Mrs. Connors stated the reason she was asking is so that it won't happen again. That the citizens think the Council is going to do something - and the councilmen think the citizens are going to do something - and it doesn't get done. f. Mr. Larry Gordon, 1284 Pennsylvania, addressed the Council concern- ing the issue of a prison situated in Beaumont. 5. Reconsideration of Application by Pedicini -Bell Development Company to Place Laundromat in Beaumont Village (K -Mart) Shopping Center. Mr. John Bell addressed the Council concerning his application and giving them detailed information concerning their plan to locate a laundromat in the shopping center. After hearing Mr. Bell's presentation, this agenda item was ordered filed. 6. ORDINANCE NO. 581_ - SECOND READING - Authorizing an Amendment to the Contract Between the City Council of the City of Beaumont and the Board of Administration of the California Public Employees' Retirement System. On Motion by Councilman Shaw, second by Councilman May, the City Council of the City of Beaumont adopts Ordinance No. 581 at its second reading by title only. The Ordinance was read by title only by the City Clerk. AYES: Councilmen May, Shaw and Mayor Thompson. NOES: Councilman Hammel. ABSTAIN: None. ABSENT: Councilman Lowry. 7. ORDINANCE NO. 582 - SECOND READING - Declaring No Further Need for a Redevelopment Agency. On Motion by Councilman Shaw, second by Councilman Hammel, the City Council of the City of Beaumont adopts Ordinance No. 582 at its second reading by title only. The Ordinance was read by title only by the City Clerk. AYES: Councilmen May, Shaw and Hammel. NOES: Mayor Thompson. ABSTAIN: None. ABSENT: Councilman Lowry. 8. Statement of Negative Declaration for Annexation No. 31. 9. ORDINANCE NO. 584 - An Urgency Ordinance to Amend Ordinance 490 to provide Pre- Zoning to Property Requesting Annexation to the City of Beaumont (Annexation No. 31 - Denny's). 10. RESOLUTION NO. 1983 -53 - Consenting and Authorizing Submittal of Annexation Application of Uninhabited Territory (Annexation No. 31). On Motion by Councilman Hammel, second by Councilman May, the.City Council of the City of Beaumont accepts a Statement of Negative Declaration on Annexation No. 31; Adopts Ordinance No. 584 at its first reading to provide pre- zoning for Annexation No. 31; and Adopts Resolution No. 1983 -53 consenting and authorizing submittal of annexation application of uninhabited territory known as City of Beaumont Annexation No. 31. AYES: Councilmen May, Shaw, Hammel and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Lowry. Page 3 11. Consideration of Agreement Relative to Annexation No. 31 to the City of Beaumont. On Motion by Councilman Shaw, second by Councilman Hammel, the City Council of the City of Beaumont rejects this agreement. AYES: Councilmen May, Shaw, Hammel and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Lowry. 12. RESOLUTION NO. 1983 -54 - Opposing Rate Increase Requested by the Southern California Edison Company. On Motion by Councilman Shaw, second by Councilman May, the City Council of the City of Beaumont adopts Resolution No. 1983 -54. AYES: Councilmen May, Shaw, Hammel and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Lowry. 13. RESOLUTION NO. 1983 -55 - Requesting the Governor and the Legislature of the State of California to Appropriate and Restore Subventions Deleted by the Action of the "Deflator" and Limited by AB -895. On Motion by Councilman Shaw, second by Mayor Thompson, the City Council of the City of Beaumont adopts Resolution No. 1983 -55. AYES: Councilmen May, Shaw, Hammel and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Lowry. 14. Request to Authorize License Control Officer to Provide Euthanization Services. On Motion by Councilman Hammel, second by Councilman May, the City Council of the City of Beaumont authorizes the License Control Officer to Provide euthanization services for the City. AYES: Councilmen May, Shaw, Hammel and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Lowry. 15. Consideration of.Amendment to Rules Governing the Conduct of the Senior Center Advisory Commission. On Motion by Councilman Shaw, second by Councilman May, the City Council of the City of Beaumont directs attendance at the Senior Center Advisory Commission for pay purposes will be credited if a member is present within five minutes of the Call to Order by the Chair. AYES: Councilmen May, Shaw, Hammel and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Lowry. 16. Consideration of Award of Bids on Project 8303, Pennsylvania Avenue and Michigan Avenue, and Project 8304, Sixth Street Median. On Motion by Councilman Shaw, second by Councilman May, the City Council of the City of Beaumont directs that Project 8303 (Pennsyl- vania Avenue Improvements) be continued for two weeks; and awards Project 8304, Schedule A and B (6th Street Median) to the low bidder, Baldi Bros. Construction Co., in the amount of $113,664.00. AYES: Councilmen May, Shaw, Hammel and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Lowry. Page 4 17. Request for Budget Adjustment to Allocate Funds for Sewer Portion of Pennsylvania Avenue Project. On Motion by Councilman Hammel, second by Councilman May, the City Council of the City of Beaumont approves budget adjustment to allo- cate funds for sewer portion of Pennsylvania Avenue from Account 30- 004 -007 to Account 30 -410 -607, in the amount of $28,000. AYES: Councilmen May, Shaw, Hammel and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Lowry. 18. SUBMITTAL OF REPORTS FOR FILING: The Quarterly Financial Report from Chamber of Commerce, Report of Planning Commission Actions at Meeting of October 18, 1983, and Financial Report for Period Ending September 30, 1983 were ordered filed. 19. Change Order No. 1 - Cherry Avenue Sewer Project. On Motion by Mayor Thompson, second by Councilman May, the City Council of the City of Beaumont approves Change Order No. 1 for payment as recommended. AYES: Councilmen May, Shaw and Mayor Thompson. NOES: Councilman Hammel. ABSTAIN: None. ABSENT: Councilman Lowry. The City Council adjourned to Executive Session concerning legal matters at 10:03 P.M. The City Council reconvened to regular session at 10:30 P.M. Let the record show no definitive action was.taken regarding the litigation matter in Executive Session, however, the Council concurred with the State Fund Insurance attorney to proceed to a legal and equitable conclusion of the pending litigation. There being no further business to come before the Council, the meeting was adjourned at 10:31 P.M. Respectfully submitted, '1 City ClerX U i v Page 5 BEAUMONT CITY COUNCIL MINUTES OF OCTOBER 10, 1983 The Beaumont City Council met in a regular meeting at 7:35 P.M., on Monday, October 10, 1983, in the City Council Chambers, with Mayor Thompson presiding. The Invocation was given by Reverand Luz P. Castillo, New Harvest Assembly of God. The Pledge of Allegiance to the Flag was led by Councilman May. On Roll Call the following Council Members were present: May, Shaw, Hammel, Lowry and '_Mayor Thompson. 1. There being no additions, corrections or deletions, the Minutes of Special Council Meeting of September 22, 1983 and Regular Council Meeting of September 26, 1983, were approved as submitted. 2. There being no objections, the Minutes of Regular Planning Commission Meeting of September 20, 1983, were accepted for filing. 3. Reconsideration of Warrant No. 1333, payable to T. L. Lathom, in the amount of $1,600.00. 4. Approval of Payment of Warrants No. 1368 -1429, as audited per Warrant List of October 10, 1983, in the amount of $65,230.40; and Payroll of September 22, 1983, in the amount of $25,675.53. On Motion by Councilman Shaw, second by Councilman May the following were approved for payment: a. Warrant No. 1333, payable to T. L. Lathom, in the amount of $1,600.00. b. Warrants as audited per warrant list of October 10, 1983, in the amount of $65,230.40. C. Payment to the law firm of Burkhart and Ryskamp, in the amount of $1,497.23. d. Payroll of September 22, 1983, in the amount of $25,675.53. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 5. ORAL COMMUNICATION: There were no requests for oral communication. 6. Request for Permit to Hold Annual Homecoming Parade. On Motion by Councilman May, second by Councilman Shaw, the City Council of the City of Beaumont grants a no -fee permit to the Beaumont High School Associated Student Body to hold their home- coming parade on an annual basis during the month of October, so long as arrangements are made with the Police Department for traffic control. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Page 1 7. Request from.Lyle Millage to Give Verbal Presentation of Plan to Refurbish Civic Center Community Event Sign at 6th and Orange. On Motion by Councilman Shaw, second by Councilman Hammel, the City Council of the City of Beaumont accepts the proposal by the Beaumont Chamber of Commerce to repair and assume.the maintenance and sche- duling of the sign, subject to the approval of the Agreement to be drawn up by the Chamber containing the conditions of their proposal. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 8. ORDINANCE NO. 579 - SECOND READING - Amending Ordinance 492, Section 3, to Provide that the Animal Control Officer is the Chief Animal Control Officer of the City, and Section 72, to Provide for Penalties for Violation of Ordinance 492. On Motion by Councilman Lowry, second by Councilman Hammel, Ordinance No. 579 is adopted at its second reading by title only. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 9. ORDINANCE NO. 581 - FIRST READING - Authorizing an Amendment to the Contract Between the City Council of the City of Beaumont and the Board of Administration of the California Public Employees' Retire- ment System. 10. 11. On Motion by Councilman Shaw, second by Councilman Lowry, the City Council of the City of Beaumont passes Ordinance No. 581 at its first reading by title only. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: Councilman Hammel. ABSTAIN: None. ABSENT: None. ORDINANCE NO. 582 - FIRST READING - Declaring No Further Need for a Redevelopment Agency. On Motion by Councilman Shaw, second by Councilman May, the City Council of the City of Beaumont passes Ordinance No. 582 at its first reading by title only. AYES: Councilmen May, NOES: Mayor Thompson. ABSTAIN: None. ABSENT: None. Shaw, Hammel and Lowry. RESOLUTION NO. 1983 -52 - In Support of Relicensing of Hydroelectric Projects to the Southern California Edison Company. On Motion by Councilman Lowry, second by Councilman Shaw, the City Council of the City of Beaumont adopts Resolution No. 1983 -52. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 12. Request from Ruth Watts and Edgar Lee Watts, Owner /Operators of Desert Outpost /Red Crown for Permit to Operate an Establishment with Pool for Hire as Required by Ordinance 333. Page 2 On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont issues permits to all establishments which have been operating with pool tables in the past without a license to continue such operation, with this permit renewed at the time of renewal of business licenses. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 13. Report and Recommendation on Bids Received for Dial -A -Ride Bus. On Motion by Councilman Shaw, second by Councilman May,.the City Council of the City of Beaumont rejects both bids received for the new Dial -A -Ride Bus, with the Purchasing Agent authorized to re- advertise for bids with amended specifications. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 14. Determination of Fund Allocation for Fire Hydrant Repair. On Motion by Councilman Shaw, second by Councilman May, the City Council of the City of Beaumont allocates $500.00 to be transferred from the Mayor /Councilmen Travel and Meeting Fund, 01 -105 -230 to Account No. 01- 145 -303 for fire hydrant repair. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 15. Consideration of Request for Authorization to Purchase Computer System. On Motion by Mayor Thompson, second by Councilman Lowry, the City Council of the City of Beaumont authorizes the Purchasing Agent and Finance Director to submit to the Council a further report on costs. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 16. Report on State Funds Affecting City Budget and Possible Action in Respect Thereto. (Continued from September 22, 1983). This agenda item was held until the end of the agenda pending an Executive Session to discuss personnel, and will be brought back at that time. 17. REQUEST FOR BUDGET ADJUSTMENTS: a. Purchase of Identification Badge for Building Inspector. On Motion by Councilman Shaw, second by Councilman May, the City Council of the City of Beaumont approves budget adjustment from 01 -215 -252 to 01 -215 -253 for purchase of identification badge for the Building Inspector. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. b. To Provide Funds for Completed Design of Michigan Avenue Street Improvements. Page 3 On Motion by Councilman Shaw, second by Councilman May, the City Council of the City of Beaumont approves budget adjustment from 01 -310 -506 to 01 -310 -500 for Michigan Avenue Street Improvements. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 18. The Report of Planning Commission Actions at Meeting of October 4, 1983 was ordered filed. 19. Council Position on the Matter of Placing a Prison in the City of Beaumont. On Motion by Councilman Lowry, second by Councilman Shaw, the City Council of the City of Beaumont is bitterly opposed to the placing of a prison within the confines of Beaumont. AYES: Councilmen May, Shaw, Hammel and Lowry. NOES: Mayor Thompson. ABSTAIN: None. ABSENT: None. 20. The Council adjourned to Executive Session for Legal and Personnel Discussion at 9:25 P.M. The Council reconvened to Regular Session at 10:25 P.M. Let the record show the discussion in Executive Session consisted of the City Attorney's report on pending litigation; the Attorney's opinion regarding potential litigation; and personnel.matters. There was no definitive decisions rendered in Executive Session. 16. Report on State Funds Affecting City Budget and Possible Action in Respect Thereto. (Continued from September 22, 1983). Motion by Councilman Lowry and second by Councilman Hammel to contract with the Sheriff's Office for Police Dispatching Services was with- drawn. 21. Permission for Councilman Lowry to Leave the State. On Motion by Councilman May, second by Councilman Shaw, the City Council of the City of Beaumont grants permission to Councilman Lowry to be absent from the State for a period of ninety days beginning October 15, 1983. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. There being no further business to come before the Council, the meeting was adjourned at 11:05 P.M. Respectfully submitted, I ene J ce Sw eney, Cityff Clerk Page 4 BEAUMONT CITY COUNCIL MINUTES OF SPECIAL MEETING OF OCTOBER 6, 1983 The Beaumont City Council met in a Special Meeting for the purpose of holding a Study Session at 6:35 P.M., on Thursday, October 6, 1983, in the City Manager's Conference Room, with Mayor Thompson presiding. On Roll Call the following Council Members were present: May, Shaw, Hammel, Lowry and Mayor Thompson. Due to the large number of citizens attending.this Special Meeting, the Mayor declared a recess for the purpose of moving the meeting to the Council Chambers. The meeting reconvened in the City Council Chambers at 6:39 P.M. Mayor Thompson announced that since Mayor Pro Tem Hammel had called this Special Meeting he would defer to the Mayor Pro Tem and ask him to pre- side. Mayor Thompson then took his seat on the Council. 1. Study Session for Discussion of several areas of concern including sewer, zoning, prison, etc. Mayor Pro Tem Hammel opened the floor to discussion regarding the possibility of a prison being located west of the City of Beaumont, with many citizens expressing their views in opposition. After lengthy discussion including all members of the Council and members of the audience, Mayor Pro Tem Hammel closed the discussion on the prison and directed the discussion to other areas of concern, as follows: a. Mayor Pro Tem Hammel stated he felt the entire Council is not fully informed as to new projects coming into the City, such as subdivisions, etc., and requested that this be rectified in the future. b. He also stated that matters such as zoning are not given to the Council in sufficient time for adequate study before decisions are made. Since so much time was devoted to discussion regarding the prison, no further areas of concern were discussed during this study session. There being no further business to come before the Council, the meeting was adjourned at 8:25 P.M. Respectfully submitted, Irene J c Sweeney, C' y Clerk BEAUMONT CITY COUNCIL MINUTES OF SEPTEMBER 26, 1983 The Beaumont City Council met in a regular meeting at 7:30 P.M., on Monday. September 26, 1983, in the City Council Chambers, with Mayor Thompson presiding. The Invocation was given by Reverand Frank Mecklenburg, Calvary Baptist Church. The Pledge of Allegiance to the Flag was led by Councilman May. On Roll Call the following Council Members were present: May, Shaw, Hammel, Lowry and Mayor Thompson. 1. There being no additions, corrections or deletions, the Minutes of Regular Council Meeting of September 12, 1983, were approved as submitted. 2. There being no objections, the Minutes of Regular Planning Commission Meeting of September 6, 1983, were accepted for filing. 3. On Motion by Councilman Shaw, second by Councilman May, warrants as audited per Warrant List of September 26, 1983, in the amount of $85,923.64; and Payroll of September 8, 1983, in the amount of $27,216.18, were approved as audited with the exception of Warrant. No. 1333, payable to T. L. Lathom, in the amount of $1,600.00, leaving a corrected warrant list total of $84,323.64 approved for payment. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: None. 4. ORAL COMMUNICATION: Shaw, Hammel, Lowry and Mayor Thompson. a. Mr. Larry Gordon, 1284 Pennsylvania, addressed the Council concerning the filing of the Chamber of Commerce Political Action Committee statement for the Redevelopment Agency election, and asking why the City Clerk had not enforced the election law and forced the Chamber to file this statement with the Clerk's office. Mayor Thompson informed Mr. Gordon that, to his knowledge, the Chamber had filed their statement with the Secretary of State as suggested by the District Attorney's office. b. Mrs. Ann Connors, 813 Elm, addressed the Council concerning her concern about the fact that the repealing of Ordinance 559 did not "disestablish" the Redevelopment Agency, and asking the Council to repeal Ordinance 543 which established the Agency. C. Mr. Irish Mitchell, 402 E. 6th Street, addressed.the Council regard- ing Ordinance 333 and 572, stating the he had reviewed the business license files and found no other incident of citation for failure to have multiple business licenses. Referring to 572, he felt the procedure now being followed did not allow sufficient time and dial not provide for a hearing. d. Mr. Harold Blackaby, 662 Maple, addressed the Council concerning ongoing trash collection problem he has been experiencing for some time, and which he had spoken with the Council about on pre- vious occasions. After a lengthy discussion of Mr. Blackaby's problem, the Council assured Mr. Blackaby the Council would investigate the matter personally and see if a solution could be found, e. Mr. Jim Melvin, 1425 Cherry Avenue, addressed the Council asking Page 1 if it had been brought to the Council's attention of the Bradley residence on Euclid just north of 12th, which has several old junked cars on the property, as well as a travel trailer parked in the street which has wires running from the trailer to the house with someone obviously living in it. Councilman Shaw informed Mr. Melvin the situation has been checked out by both himself and the inspector, and he believes the City has taken some action at this point in time. 5. ORDINANCE NO. 578 - SECOND READING - Amending Ordinance 333, Section 4 -e, To Provide that the Business License Control Officer Shall Have Power to Cite Violators of Ordinance 333. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont adopts Ordinance 578 at its second reading by title only. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 6. ORDINANCE NO. 579 - FIRST READING - Amending Ordinance 492, Section 3 to Provide that the Animal Control Officer is the Chief Animal Control Officer of the City and Section 72 to Provide for Penalties For Viola- tion of Ordinance 492. On Motion by Councilman Shaw, second by Councilman May, the City Council of the City of Beaumont passes Ordinance No. 579 at its first reading. The Ordinance was read in its entirety by the Deputy City Clerk. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 7. ORDINANCE NO. 580 - An Urgency Ordinance Amending Ordinance 490 By Repealing Section 600.4 -7, A, B, C, of Article VI. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont adopts Urgency Ordinance No. 580 at its first reading, by title only. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 8. RESOLUTION NO. 1983 -49 - A Resolution of Intention To Approve An Amendment to Contract Between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of Beaumont. On Motion by Councilman Shaw, second by Councilman May, the City Council of the City of Beaumont adopts Resolution No. 1983 -49. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 9. RESOLUTION NO. 1983 -50 - Requesting CalTrans to Diligently Promote The Development of the Beaumont Avenue Railroad Overcrossing. On Motion by Councilman Shaw, second by Councilman Hammel, the City Council of the City of Beaumont adopts Resolution No. 1983 -50. The Resolution was read in its entirety by the Deputy City Clerk. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Page 2 10. RESOLUTION NO. 1983 -51 - Proclaiming National Fire Prevention Week. On Motion by Councilman Shaw, second by Councilman May, the City Council of the City of Beaumont adopts Resolution No. 1983 -51. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 11. Consideration of Conceptual Approval of Master Drainage Plan for the Beaumont Area Submitted by Riverside County Flood Control District. (Continued from September 12, 1983). On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont approves the concept of the Master Drainage Plan for the Beaumont area as submitted by the Riverside County Flood Control District. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 12. Request for Budget Adjustment for Purchase of Vacuum Cleaner for City Hall. On Motion by Councilman Lowry, second -by Councilman Hammel, the City Council of the City of Beaumont approves budget adjustment in the amount of $165.00 from Account 01- 145 -251 to Account 01 -145 -302 for purchase of a vacuum cleaner for City Hall. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. There being no further business to come before the Council, the meeting was adjourned at 8:47 P.M. Respectfully submitted, Page 3 BEAUMONT CITY COUNCIL MINUTES OF SPECIAL MEETING OF SEPTEMBER 22, 1983 1. The Beaumont City Council met in a Special Meeting at 6:30 P.M., on Thursday, September 22, 1983, in the City Council Chambers. 2. The Pledge of Allegiance to the Flag was led by Mayor Thompson. 3. On Roll Call the following Council Members were present: May, Hammel, Lowry and Mayor Thompson. Councilman Shaw was excused. 5. C0 OF Mayor Thompson stated that since the outcome of the Executive Session could possibly have some bearing on Agenda Item No. 4, he would re- verse the order of the agenda and call the Executive Session first. On Motion by Mayor Thompson, second by Councilman Lowry, the City Council of the City of Beaumont adjourned to Executive Session at 6:35 P.M. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Hammel, Lowry and Mayor Thompson. On Motion by Mayor Thompson, second by Councilman Lowry, the City Council of the City of Beaumont reconvened to Regular Session at 8:05 P.M. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Hammel, Lowry and Mayor Thompson. Let the record show the Council received and accepted a preliminary report from State Compensation Insurance Fund with the final report to be in.Council hands prior to the October 10, 1983 meeting. No definitive action was taken in Executive Session. Report on State Funds Affecting City Budget and Possible Action in Respect Thereto. The Council received a financial report from the Finance Director and the City Manager gave a verbal report concerning the status of the City's finances. The disparity in the percentages which were withheld from the various cities and counties was discussed, with the Mayor stating perhaps a letter could be written to the Governor pointing out these inequities, with a copy to the League of California Cities, with an attachment to the League stating that the effectiveness of the League is not commensurate with the amount of money paid in dues. The Mayor further suggested the City should only pay $1.00 for the League dues this year. The Finance Director was requested to compute Beaumont's percentage of loss as compared to other cities.in Riverside County, as well as the County, with a letter to the Governor signed by all the Council. The Mayor stated no action would be taken on this item, and the City Manager requested that it be returned to the agenda on October 10 for further consideration. There being no further business to come before the Council, the meeting was adjourned at 8:20 P.M. ctfully submitted, BEAUMONT CITY COUNCIL MINUTES OF SEPTEMBER 12, 1983 The Beaumont City Council met in a regular meeting at 7:30 P.M., on Monday, September 12, 1983, in the City Council Chambers, with Mayor Thompson presiding. The Invocation was given by Reverand John Hall, Church of Religious Science. The Pledge of Allegiance to the Flag was led by Councilman Shaw. On Roll Call the following Council Members were present: Shaw, Hammel, Lowry and Mayor Thompson. Councilman May was excused. 1. There being no additions, corrections or deletions, the Minutes of Regular Council Meeting of August 22, 1983 and Adjourned Meeting of August 26, 1983, were approved as submitted. 2. There being no objections, the Minutes of Regular Planning Commission Meeting of August 16, 1983, were accepted for filing. 3. On Motion by Councilman Shaw, second by Councilman Hammel, warrants as audited per Warrant List of September 12, 1983, in the amount of $39,016.60; and Payroll of August 25, 1983, in the amount of $27,859.10 were approved for payment as audited. AYES: Councilmen Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman May. 4. ORAL COMMUNICATION: a. Roland Russell re: Condition of California Avenue. It was noted Mr. Russell was not in the audience. b. Irish D. Mitchell re Clarification of Interpretation, legality and enforcement procedures and policy on Ordinance 333 and Ordinance 490. Mr. Mitchell asked the Council if the section in Ordinance 490 pertaining to political signs was going to be enforced during the forthcoming election, stating the Council had previously indicated they were going to rescind this section as being unconstitutional, but he had not seen any action taken to do this. The Mayor informed Mr. Mitchell the attorney was going to bring an Urgency Ordinance rescinding this section to the next meeting. Mr. Mitchell then questioned the interpretation of Ordinance 333 whereby the City had informed him he was required to purchase multiple business licenses. The City Attorney indicated this was not the proper place to discuss the matter since Mr. Mitchell has been cited by the City and a hearing date has been set. C. Mr. Ron Bakken, 393 W. lst Street, re: Condition of California Avenue. Mr. Bakken enumerated the problems existing on California Avenue between lst and 3rd Streets, and asked when this situation was going to be corrected. The City Manager informed Mr. Bakken that the plans had been sub- mitted by Baldi Bros. Construction, and had been approved, and the work should be commencing in the near future. Page 1 7. CF e. Mr. Richard Tunnell, representing the San Timeteo Canyon Property Owner's Association. Mr. Tunnell requested the Council to take an action reaffirming their position of opposition to the expansion of the De Anza Cycle Park, and requested that a statement to this effect from the City be submitted to the Riverside County Planning Department tomorrow afternoon. The Mayor indicated the Council would consider taking this action at the end of the agenda. Mr. Ken Murdock, representing the Beaumont Unified School District. Mr. Murdock addressed the Council regarding the District's request for City assistance in funding three fire hydrants at the High School. f. Mr. L. W. Gordon, 1284 Pennsylvania Avenue. Mr. Gordon addressed the Council concerning 1) update on status of Chamber of Commerce filing of statement concerning committee formed during election; and 2) the recent annexation of 504 acres between Highway 60 and San Timoteo Canyon, asking what the site was going to be used for and specifically if it was going to be used for a prison site. Mr. Gordon was informed that to the knowledge of the Council the Chamber of Commerce had filed with the Secretary of State; and the Council did not know the specific site that was being considered for a new prison. They were aware that Beaumont was one of six locations being considered, and EIR's were being prepared on all six, but the specific site has not been mentioned. Let the record show that although a hearing has been set for 8:00 P.M., Oral Communication will be completed before opening the hearing. g. Mrs. Ann Connors, 813 Elm, re: Council Communication with Public. Mrs. Connors stated she received a letter from Mayor Thompson re- sponding to her charges against the City Manager and requested the balance of the Council to also state their opinion in the same manner as the Mayor did; and further asked Councilman Shaw if he would sponsor a resolution to the effect the Council would discuss the matter of the charges at the next Council meeting. Councilman Shaw advised when Councilman May returned and there was a full Council present a concensus would be taken whether or not these charges would be discussed at the next regularly scheduled meeting. HEARING - 8:00 P.M. - Administrative Appeal of Ruling of License Control Officer Filed by Floyd Hamner. The hearing was opened at 8:30 P.M. Mayor Thompson: This is the matter of Floyd Hamner vs City of Beaumont, Notice of Administrative Appeal concerning Mr. Hamner and certain vehicles that are on his property at this time at 732 and 738 Wellwood. At the last meeting before the Council, Mr. McDaniels,-there were certain items that you were to receive. Did you receive those in the course of time. Edison McDaniels, Attorney for Mr. Hamner: Yes, Mr. Mayor, what we had asked the hearing officer to do was to advise us which vehicles he claimed were to be removed so that Mr. Hamner could properly reply to them. Mayor Thompson: Is this the list. Mr. McDaniels: That is the list, and Mr. Hamner states that those vehicles are his and that -they are not abandoned. I sent a copy of my Notice of Administrative.Appeal to each member of the Council. May I ask if you have received that. Page 2 (All Council Members indicated they had received it, although not all had brought their copy to the meeting). Mr. McDaniels: I might advise the Council that Mr. Hamner received by certified mail from the License Inspector of the City of Beaumont a notice that he is in non- compliance.with Ordinance 572. I haven't seen Ordinance 572, but Mr. Hamner advised me that is a clean -up ordinance and he has complied with it. City Manager: Could we ascertain when he received that notice, Mr. McDaniels? Mr. McDaniels: I don't know what date he received it. It was mailed on the 7th. City Manager: The 7th of September? Mr. McDaniels: 7th of September, yes. Mayor Thompson: Excuse me just a minute. In your Notice of Adminis- trative Appeal you cite Ordinance 545. Mr. McDaniels: That is the one that was before at the hearing. Mayor Thompson: You mean this is another citation. Mr. McDaniels: I understand it is another one. I haven't seen Ordin- ance 572. Mayor Thompson: Okay, what we are dealing with here is 545. Mr. McDaniels: Yes, 545. Mayor Thompson: Let's stick with 545 then. Do you want to proceed then. Mr. McDaniels: We basically stand on our Notice of Administrative Appeal that the intended application as the Hearing Officer would have it would be to deprive Mr. Hamner of his property, and this has nothing to do with the clean -up of the property and that sort of thing, but you can't deprive him of his property simply by stating that the property is abandoned when it hasn't been. I think the last paragraph of that notice, starting on Page 3, Line 17, really says what our position is. That is his property, he hasn't abandoned it, you can't administratively say that he has abandoned it, and then based upon that take his property away from him. That would be an unconstitutional application of the Ordinance, and that is our position. Mayor Thompson: Under Ordinance 545, starting at Line 10, "The accumulation and storage of abandoned, wrecked, dismantled or in- operative vehicles or parts thereof on private or public property, not including highways, is hereby found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects and to be injurious to the health, safety and general welfare." Now that is part and parcel of Ordinance 545. Mr. McDaniels: I find it very difficult indeed to find - to make the determination that old cars, because they are collectors items, would fit into that category. Mayor Thompson: Wrecked, dismantled or inoperative. Mr. McDaniels: Simply because a car is inoperative does not make it an attractive nuisance. There can be a number of reasons why a car is inoperative. As I understand the Ordinance it has to be abandoned, as well as wrecked, as well as inoperative, and they are not abandoned. Mayor Thompson: It doesn't say that. It says - it enumerates those things or - and it puts the "or" in there very specifically. In other words if either of those conditions or one condition. I think we are talking semantics now, aren't we? Page 3 Mr. McDaniels: No, what we are basing our right to property is your deprivation or attempted deprivation of property in this case would be in violation of the constitution, and we are simply saying that you can't.do it. Mayor Thompson: This is not the proper forum for constitutional determinations, I don't think. City Attorney: Our office has reviewed, in depth, the Notice of Administrative Appeal and the alleged constitutional argument. First, the Ordinance is written with the "or" so that any of the above could be considered a nuisance,and therefore be abated. Secondly, the Ordinance does comply with the State statutes, which do allow munici- palities this power. Thirdly, this particular Ordinance was.modeled after the Ordinance that has been effect in the County of Riverside dealing with this very type of problem, the accumulation of vehicles, for, as I recall, two decades - at least one. And has withstood challenges that have been made to it. Lastly, I have reviewed the Notice of Appeal, and do not see grounds for constitutional argument. The due process is being met. The constitution only protects property from unlawful seizure - from seizure where due process is not met and our Ordinance, as does the County Ordinance, as.does the State statutes upon which these Ordinances are based, does provide for due process and the opportunity to argue, so - I could go into great detail in responding to the Notice of Administrative Appeal, but that is, in effect, a summary of the position that we take. This is not unconsti- tutional. City Manager: You heard, gentlemen from the City Attorney, but before you conclude anything you are doing here, that you do get an up -to -date from the current License Control Officer as regards what exists at this particular site so that it can be made on the record tonight. Mayor Thompson: As soon as Mr. McDaniels finishes. You heard, from one lawyer to another, I am sure you understand each other. Mr.. McDaniels: What I am talking about are his cars. I am not fussing about weeds, or grass, or pieces of mattresses, I am talking about vehicles, just the vehicles, that are attached to that list. That is all I am talking about. And those vehicles are his, they are his property, and if we are compelled to bring a Petition for a Writ of Mandate to nullify the Ordinance then we would have to do that. In our review of the Constitution, both the Federal and the State Consti- tution, you cannot deprive a citizen of his right simply because you have a legislative hearing that you don't particularly agree with the manner in which he is taking care of his property. And that is - in all the cases we have seen you can't do it, and all respects for the City Attorney. City Attorney: I have reviewed the cases cited and frankly they are not on point, and I have also reviewed.the pertinent sections of the Vehicle Code, and the Vehicle Code is very much on point, as it authorizes us to have this type of Ordinance, and, once again, do not see the constitutionality argument. I have encountered no case law relative to these Ordinances which would indicate that the City is not acting entirely properly and within the Constitutional limits. Mr. McDaniels: Part of the reason for submitting a Notice of Adminis- trative Appeal to you back on August 1, 1983 was that if we were going to have some opposition from the City Attorney then they should have notified us so that we have a proper way to respond. Not having any response from the City Attorney.about this, I did not then go on and cite - this is a whole page of very small citations here, page after page which deals with this problem. I simply didn't cite them all. There wasn't a necessity. I fight constitutional law - both in State Courts and Federal Courts. The manner in which this Ordinance is being used in an attempt to deprive a citizen of his property when he has not abandoned them - his valuable property - is an unconsti- tutional application of that fact. City Attorney: Let me just - not respond to that - but direct a question. Is the issue one of the City depriving property, or issuing a notice of abatement that the nuisance be removed? I don't believe there has been any deprivation of property. He has been requested to Page 4 remove and /or to properly store the vehicles to eliminate the nuisance. Mr. McDaniels: The nuisance, if there was one - the Animal Control Officer's primary complaints were with the manner in which the.cars were parked, and the weeds. The weeds, the grass and, I believe, some old torn mattresses, and those things. And he mentioned the cars were not moving or, at that time, inoperable. Mr. Hamner owns those cars, and whenever he wants to use one of them he simply licenses it and moves them. He can't drive all the cars at once, that is obvious. And he is restoring them for his own particular benefits because he likes old cars. I just don't understand how his ownership of these cars.comes within the enabling Ordinance that comes from the State that gives the Highway Patrol the power to move an abandoned car on the freeway can be translated into this sort of situation. And that is what we are talking about. City Manager: Mr. Mayor would you be good enough to question Mr. McDaniel or Mr. Hamner as to each of the vehicles mentioned here as to the last time any one or all of them were moved. I think you ought to get that into the record because of what Mr. McDaniels just stated. Mayor Thompson: Do you have the list Mr. McDaniels. Just for the record, Mr. McDaniels, Studebaker Truck - for the record I will put the number in - M53189, last year registration was 1970. I am not questioning his valid ownership of these particular cars. I am just trying to find.out when it was last operated. It hasn't been regis- tered for twelve to thirteen years. Mr. McDaniels: I don't know when some of these cars were . . . Mayor Thompson: You just stated that when he wanted to use one of them, he fixes them, licenses them and operates them. Mr. McDaniels: I know, because he drives various cars to my office that are on the list. Which of these he drives I don't know. He says he doesn't know the license numbers. Mayor Thompson: According to the License Control Officer, the Studebaker Truck as I described, he says it is not running. I have no idea what year model it is, but it says last year of registration is 1970. A Packard, JFL796, last year of registration was 1963. It is not running. Do you disagree with anything that I say on that? Mr. McDaniels: Some of them may not be running because they are apparently stored. I can't answer those questions directly because either most of these cars are collectors items that are in the process of being restored. I don't think our code says that . . . Mayor Thompson: Basically, all the code says is.stoxed on private property. This Ordinance will not apply when a vehicle or parts thereof is.completely enclosed in a building in a lawful manner, where it is not visible from the street or private property. It does not apply in that case. And I think the recommendation of the License Control Officer, under the hearing date of 7/28/83, the said Hearing Officer finds the said vehicle or parts to be removed or.stored within an enclosed building. It is hereby ordered that vehicle or parts be removed or stored within an enclosed building. Mr. McDaniels: Mr. Mayor, the License Control Officer makes no distinction between vehicles that run and those that do not run. He includes all of the vehicles. City Manager: That is why we are asking you, sir, to tell us which ones are running and operable, and you won't do it. Mayor Thompson: We have four here that we don't know whether or not they run. Because the last year of registration is 1983. Mr. McDaniels: Isn't that the same argument that we got into the last time -.that the License Control Officer did not attempt to designate which vehicles that he thought were not running - he just came out there and included all the vehicles simply because they were Mr. Hamners. That is the same place where we are now. page 5 City Manager: No, he has told you tonight, sir, that some are not operating, and we wanted to know whether you contest that point or not. I heard the Mayor say that a vehicle licensed last time in 1963 was not operating. Do you say that that is true or not true. Another one in 70 someplace that was inoperable. Do you contest that one? Mr. McDaniels: A Studebaker, Packard, Ford, Buick, Willys Wagon, Olds, Studebaker, Plymouth, Hudson, Datsun Truck and Flexable Bus. Mayor Thompson: Now those last four that you read. Mr. McDaniels: They are registered in 1983. Mayor Thompson: It is unknown whether they run or not. Mr. McDaniels: If they are registered with the State of California, licensed to be operated on the highway, it is his property, what difference does it make if it runs at the current time or not? Mayor Thompson: When they are licensed by the State of California they don't care whether they run or not. Mr. McDaniels: But they also don't take them because they are not abandoned. Mayor Thompson: No. We didn't say they were abandoned, per se. City Attorney: Mr. Mayor, may we clarify this by reading the enabling legislation. I am referring to Vehicle Code 22660. I don't know if counsel has read it. It specifically says notwithstanding any other provisions of law, a City and other governmental agencies may adopt an Ordinance establishing procedures for abatement and removal as public nuisances of abandoned, wrecked, dismantled, or - and I under- line the "or" - inoperative vehicles or.parts thereof, etc. So the question of operability is crucial. A vehicle need not be abandoned. ,when the word "or" is used that would indicate to us that all we need to do is show that it is inoperative for our Ordinance to be applicable under the enabling legislation. Mr. McDaniels: Which would give us the right under Section 1060 of the Code of Civil Procedure to bring a Writ of Mandate to determine whether or not this is an unlawful application, or unconstitutional application of the State law. Because you are trying to deprive the man of his property when it is not abandoned. It is not wrecked. Maybe inoperable, but that effects - with that definition you could probably take almost anybody's car that breaks down here in the City. City Manager: As the City Attorney pointed out to you though, this Ordinance does not seek to take that property away from him. All it does is ask him to store it in a lawful place, which is not out there on the lot where it is presently stored. Are you telling this City Council, Mr. McDaniels, that if Mr. Hamner, or myself, chose to put 50 cars out all around our house, pack our lot full of cars, that we have got to have this right. That this is a mandated right of the Constitution. Is this what you are saying to this Council? Mr. McDaniels: Well, that is ridiculous because . . . City Manager: Well, sure it is. Mr. McDaniels: We don't have 50 cars. Let's say you have a lot that will accommodate 50 cars, and you decide to purchase 50 cars, and you want to park them hub by hub on your property and not drive them. I would say you have every constitutional right to do so. Councilman Lowry: Not when you are not in the proper zoning. Councilman Hammel: You can't put these cars in a residential zone when a guy's got a home worth $60,000 or $100,000 next to you. Mr. McDaniels: I don't think we are going to get anywhere. Really. I think the only way this question is going to be answered is in Court, frankly. Because the way I see the Constitution, I just don't see this Council being able to legislate away his property. Page 6 Mayor Thompson: We are not getting rid of his property. We are saying that he must store them in a legal and lawful manner. Mr. McDaniels: He feels that he has every right to store his property on his property without interference by the City. He also feels that he does not have to build a building to store a car. Mayor Thompson: Okay. This is what makes lawyers very wealthy. Mr. McDaniels: I am not getting rich. Mayor Thompson: No, I am being serious. A normal disagreement of differences of opinion makes for a very. . . Mr. McDaniels: Mr. Thompson. We have driveable cars out there. Councilman Lowry: Then he should have enough money to put them in a place where they are stored properly in a commercial zone, with a proper building around them. Mr. McDaniels: But he is not using them commercially. It is a hobby. You are telling him that in order to have a hobby, he has to go out and purchase a commercial building. I don't think that is consti- tutional. I don't think you can do that. Mayor Thompson: I can tell you one thing, Mr. McDaniels, I don't think we are going to get anywhere tonight because according to the seventh car on the top of that list, the Studebaker, the Packard, the Ford P /U, the Buick, the Willeys Wagon, the Oldsmobile, the Studebaker, you haven't contested the fact that they are not running according to the License Inspector. Mr. McDaniels: But some of them do run. Mayor Thompson: Which ones. I am not trying to be nasty, or be ornery or one way, I am just asking a question. Mr. McDaniels: We think it is up to the License Control Officer to tell us which of these cars he thinks do not run. Mayor Thompson: He just did Right there. Those first seven cars, he says, are not running. Do you contest that. Mr. McDaniels: Mr. Hamner, are all seven of those cars running or not running. Can you tell me which of these cars run and don't run. Mr. Hamner: The Studebaker Truck needs work on it before it would run. Mayor Thompson: It does not run. Mr. Hamner: Well, it is not running, no. Mayor Thompson: The Packard. Mr. Hamner: The Packard. I have got the motor out of it. Mayor Thompson: It does not run. Mr. Hamner: I have it all rebored. Mayor Thompson: It does not run at this time. Mr. Hamner: No, it does not run right now. Mayor Thompson: How about the Ford Pickup. Mr. Hamner: The Ford Pickup is all ready to go. Mayor Thompson: You say that one runs. Okay. The Ford Pickup, 80742K is the license number on that. You say that one runs. Mr. Hamner. It is runnable. There is no battery in it tonight I don't think. There may be a battery in it, I am not sure. City Attorney: In addition to the word inoperable, we also have the word dismantled. So if a motor is missing, or parts are missing from Page 7 the vehicle, it can be considered dismantled. Mr. McDaniels: I think dismantled means dismantled for the purpose of wrecking them. City Attorney: No, the word wrecked is separately defined. We can pursue those definitions, I would appreciate the expression of your opinion. Mayor Thompson: How about the Buick. Mr. Hamner: The Buick is all together and is runnable. Mayor Thompson: Is it operable now. Mr. Hamner: It would be if it had a battery in it. Mayor Thompson: It is not operable tonight. Is the Willys Station - wagon? Mr. Hamner: There isn't any of them running right now. Mayor Thompson: Okay, are they operable. Mr. Hamner: So far as that goes they are not running. You might have to put a battery.in them to start them up. There isn't any of them running at this very moment. The Willys Stationwagon simply needs a battery in it, that's all. Mayor Thompson: How about your flexable bus down there. The very last one on the list. Is it operable. Mr. Hamner: Yes it is. City Manager: Can we ask him when the last time that bus was moved. Mayor Thompson: It was licensed - the last year of registration was 1983. City Manager: When was the last time it was moved. Mr. Hamner: The flexable bus I keep licensed all the time. It has been licensed every year for the simple reason that maybe I will want to use it. Mayor Thompson: Okay. We will accept your word that it is operable. Mr. Hamner: All I would have to do is to start it up and drive it off. Mayor Thompson: The other three, the Plymouth, the Hudson and the Datsun truck are question marked. We don't know whether they are operable or not. Mr. Hamner: They are all operable. Mayor Thompson: You say they are all operable. Mr. Hamner: As I see it every one of those cars listed here is operable except the Studebaker truck. It needs some work on it before it could be used. Mayor Thompson:. This is basically a public hearing on an appeal of an administrative ruling by the License Control Officer in regards to Ordinance 545 concerning the vehicles on the property of Mr. Floyd Hamner, 732 and 738 Wellwood. I think.that we have come to an impasse from our standpoint. There are seven vehicles that are basically not operable. Mr. McDaniels: He tells me that there is only one is what he would call inoperable and that is'the Studebaker truck. Mayor Thompson: Okay. So we have a difference of opinion between the License Control Officer and Mr. Hamner. Page 8 Mr. McDaniels: I might say something about the hearing conducted by the License Control Officer. When Mr. Hamner sat down, the License Control Officer said, "when are you going to move the cars ". He didn't attempt to determine what was and what was not operable. And that was the end of that. Mayor Thompson: And then he came back. Mr. McDaniels: On the 19th, and then he says, "I am just going to go through the same thing I did before" and I said "our answer will be the same ", and he said, "well I will just read the same thing I did ", and that is what we did. Mayor Thompson: Mr. McDaniels, I am going to have our present License Control Officer contribute here in just a minute as to the status as he sees it today. This is a brand new License Control Officer. And I don't think he will have any preconceived notions of what transpired previously. Mr. Oliveras. Steve Oliveras:. Let me start by saying that approximately 10 A.M. this morning I visited the residences at 732 and 738 Wellwood and at that time I.talked with Mr. Hamner. I spent 49 minutes at the residence. I viewed the vehicles that were listed by my predecessor, Mr. Witt. At that time all the vehicles listed in his inventory are still located at that property. I have a total of seventeen vehicles that I observed this morning. Mayor Thompson: I have eleven on this list. Mr. Oliveras: I have a bus, a Rambler, a Jeep stationwagon, a Plymouth, a Datsun, another Plymouth, a Ford Pickup, a Packard, various motor parts. That is at one residence. At the other residence I have a Studebaker, a Hudson, a Datsun, a Buick and a table with machine parts, implements and so forth. Vehicle parts in another pile. I am sorry, the other five vehicles come from another address at 862 California. Councilman Hammel: So you have.twelve then. If you take five off of the seventeen, it would be twelve. Mr. Oliveras: Right. At that time,.noticing that my predecessor had filed against Ordinance 545 for the vehicles being present on the property as being dismantled or inoperative, I checked each individual vehicle to insure that in fact it was inoperable. There were spider webs, debris, bird excrement on the windows, no tire tracks - there was no.sign of any mechanical work being done on these vehicles. It was obvious to me that none of these vehicles had been moved in the NOTE: At this point the Clerk has noted she failed to notice the tape had run out. As a result there is approximately fifteen minutes of the hearing not on tape. The hearing continues as follows. Mayor Thompson: . . . Now according to the Ordinance's various sections, 9 for instance, 7, 8 and 9, we have held a Public Hearing, had Public Notice. We have had a decision from the Hearing Officer and according to the License Control Officer the situation that existed on 7/28/83 exists as of today. Now you have your option of deciding to deny the appeal, to reverse the appeal or you can amend it. George, would I be remiss if I didn't ask you for guidance as to the proper way to terminate this Public Hearing. City Attorney: There should be a decision from the Board as to whether or not the appeal is denied. Mayor Thompson: Or modified or reversed. City Attorney: Or modified, not reverse. Not reverse. This is an appeal so you would either reverse the prior decision or accept the prior decision. Mayor Thompson: Okay. I am not sure which way to go on this. Do you close the Public Hearing and then make the decision. That is what we have done in the past. page 9 City Attorney: Yes, that would be the proper procedure. Close the Public Hearing. Mayor Thompson: Before we close the Public Hearing. We have had the License Control Officer. We have had Mr. McDaniels representing Mr. Hamner. Is there anyone out there that wishes to have input to this Public Hearing that is germaine to the subject. Mr. McDaniels: May I ask one question about the record. Is it possi- ble for us to get a transcription of this record. Mayor Thompson: I am sure that once we get it transcribed that you will be furnished a portion of it so that you will realize what our decision is in writing. If there is no other testimony or other input we will close the Public Hearing on the Administrative Appeal of Floyd Hamner, of 732/738 Wellwood, at 9:10 P.M. On Motion by Councilman Hammel, second by Councilman Lowry, the City Council of the City of Beaumont denies the appeal filed by Mr. Floyd Hamner. AYES: Councilmen Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman May. 5. Request from Russ Rodriquez, Pass Boxing Club, for Waiver of Fee for Use of Gymnasium for Benefit Boxing Exhibition. On Motion by Councilman Shaw, second by Councilman Lowry, the City Council of the City of Beaumont grants the request of the Pass Boxing Club for fee - exempt use of the gymnasium for their benefit boxing exhibition on September 25, 1983. AYES: Councilmen Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman May. 6. Request from Cougar- Brookside Property Owners Association for Formation of Special Assessment District. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont authorizes the City Manager and City Attorney to receive and review for further Council consideration: a) An executed Petition for Formation of Special Assessment District; b) An Agreement between the City and the Association setting forth the requirements of each party, c) Preliminary Plans showing proposed improvements and maps showing proposed assessment district boundaries and affected properties. AYES: Councilmen Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT:. Councilman May. 8. Consideration of Conceptual Approval of Master Drainage Plan for the Beaumont Area Submitted by Riverside County Flood Control District. This agenda item was continued until the next regular Council Meeting scheduled for September 26, 1983. 9. Request for Approval to Chip Seal Highland Springs Avenue, 6th Street to 8th Street. On Motion by Councilman Lowry, second.by Councilman Hammel the City Council of the City of Beaumont approves chip seal of the westerly one -half of Highland Springs Avenue between 6th and 8th Streets in cooperation with the County of Riverside. Page 10 10. 11. 12. 13. AYES: Councilmen Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman May. Request for Reconsideration of Michigan Avenue Reconstruction. Motion by Councilman Lowry, second by Councilman Hammel, to hold the decision of August 22, 1983 in abeyance until specifications are developed for both Project 8303 method and Petromat method of improving Michigan Avenue between 11th and 12th, and the project bid both ways as Maple Avenue was bid, to see what the difference in cost between the two methods will be. AYES: Councilmen Hammel and Lowry. NOES: Councilman Shaw and Mayor Thompson. ABSTAIN: None. ABSENT: Councilman May. MOTION DIED Request from Pedicini -Bell Development Company for Approval of Application for Laundromat in K -Mart Shopping Center. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont rejects the application of Pedicini- Bell Development Company for a Laundromat in the K -Mart Shopping Center due to the fact that the Federal Government grant monies requires that jobs be generated by any additional use of this sewer pumping station and a laundromat will not generate any jobs. AYES: Councilmen Shaw, NOES: None. ABSTAIN: None. ABSENT: Councilman May. Hammel, Lowry and Mayor Thompson. Request -for Authorization to Proceed to Bid for Improvement of Pennsylvania- Michigan Avenue and 6th Street Median Projects. On Motion by Councilman Shaw, second by Mayor Thompson, the City Council of the City of Beaumont authorizes the advertising for bids on the 6th Street Median and Pennsylvania - Michigan Avenue Projects with bids to be received and opened on October 12, 1983 with report on bids to the City Council on October 24, 1983. AYES: Councilmen Shaw, NOES: Councilman Lowry. ABSTAIN: None. ABSENT: Councilman May. Hammel and Mayor Thompson. ORDINANCE NO.. 578 - FIRST READING - Amending Ordinance 333, Section 4 -e, to Provide that the Business License Control Officer shall have the Power to Cite Violators of Ordinance 333. On Motion by Councilman Hammel, second by Councilman Shaw, the City Council of the City of Beaumont passes Ordinance No. 578 at its first reading as amended. The Ordinance was read in its entirety by the City Clerk. AYES: Councilmen Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman May. 14. ORDINANCE.NO. 579 - FIRST READING - Amending Ordinance 492, Section 3, to Provide that the Animal Control Officer is the Chief Animal Control Officer of the City. On Motion by Councilman Shaw, second by Councilman Lowry, the City Council of the City of Beaumont passes Ordinance No. 579 at its first reading by title only. The Ordinance was read by title only by the City Clerk. Page 11 BEAUMONT CITY COUNCIL MINUTES OF ADJOURNED MEETING OF AUGUST 26, 1983 (Adjourned from August 22, 1983) 1. The Beaumont City Council met in an adjourned meeting at 2:37 P.M., on Friday, August 26, 1983, in the City Manager's Conference Room, in the Beaumont Civic Center, with Mayor Pro Tem Hammel presiding. 2. On Roll Call the following Council Members were present: May, Shaw, Lowry and Mayor Pro Tem Hammel. Mayor Thompson was excused. 3. PUBLIC HEARING - Proposed Annexation No. 29 (LAFCO No. 83- 06 -3). 505 acres generally located west of the intersection of Interstate 10 and State Highway 60 (Danner). The Public Hearing was opened at 2:38 P.M. The City Manager explained the purpose of the Public Hearing and read the requirements of Government Code as they pertained to this Public Hearing. Mayor Pro Tem Hammel asked if any written protests had been received, and the Deputy City Clerk stated there had been none received. Let the record show there was no one present at this Public Hearing except the Council, the staff and a representative of the press. The City Manager read into the record the fact that all property owners had signed Consent to Annex statements, and these statements are filed as part of the record. There being no protests received, the Public Hearing was closed at 2:44 P.M. 4. RESOLUTION NO. 1983 -47 - Making a Finding on Protests to Beaumont Annexa- tion No. 29 and Ordering the Territory Annexed. On Motion by Councilman Lowry, second by Mayor Pro Tem Hammel, the City Council of the City of Beaumont adopts Resolution No. 1983 -47. AYES: Councilmen May, Shaw, Lowry and Mayor Pro Tem Hammel. NOES: None. ABSTAIN: None. ABSENT: Mayor Thompson. 5. Agenda Add Item - Permission for Councilman May to be Absent from the State. On Motion by Councilman Lowry, second by Mayor Pro Tem Hammel, the City Council of the City of Beaumont grants permission for Councilman May to be absent from the State for a period of ninety (90) days commencing August 30, 1983. AYES: Councilmen May, Shaw, Lowry and Mayor Pro Tem Hammel. NOES: None. ABSTAIN: None. ABSENT: Mayor Thompson. A dicussion followed concerning the existing "red tag" procedures and the lack of sufficient penalties for violation of a red tag. It was the consensus of the Council that an Ordinance be prepared to be presented to the Council for consideration on September 12, 1983, with specific penalties for violation thereof. There being no further business to come before the Council, the meeting was adjourned at 2:55 P.M. ,Respe24tfully submitted, C y City Cler BEAUMONT CITY COUNCIL MINUTES OF AUGUST 22, 1983 The Beaumont City Council met in a regular meeting at 7:30 P.M., on Monday, August 22, 1983, in the City Council Chambers, with Mayor Thompson presiding. The Invocation was given by Pastor Dan Thompson, First Covenant Fellowship. The Pledge of Allegiance to the Flag was led by Councilman Hammel. On Roll Call the following Council Members were present: May, Shaw, Hammel, Lowry and Mayor Thompson. 1. There being no additions, corrections or deletions, the Minutes of Regular Council Meeting of August 8, 1983, were approved as submitted. 2. There being no objections, the Minutes of Regular Planning Commission Meeting of August 2, 1983, were accepted for filing. 3. On Motion by Councilman Shaw, second by Councilman May, warrants as audited per Warrant List of August 22, 1983, in the amount of $92,165.65; and Payroll of August 11, 1983, in the amount of $27,233.76, were approved for payment as audited. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 4. ORAL COMMUNICATION: a) Jerry and Tracy Hobbs re: Flood Water Drainage on 12th Street. This Oral Communication item was held until Agenda Item No. 13 was considered. b) L. W. Gordon re: Increase in City Council and City Manager Budget. Mr. Gordon, who resides at 1284 Pennsylvania Avenue, spoke concerning the increases in the budgets of the City Council, City Manager and City Clerk. He stated further the increases in the City Clerk's budget had been explained, but he would appre- ciate an explanation of the increases in the remaining two budgets. Mayor Thompson enumerated the basic increases in each of the budgets, which were primarily salary and benefits in the City Manager's budget for secretarial, and new recording equipment in the City Council's budget. There were other decreases and increases in each budget which the Mayor also enumerated for Mr. Gordon. It was pointed out that even though the recording equipment was budgeted it very possibly may not be purchased, as well as other line item increases may not be utilized. c) Lyman Burhop re Police Department and Other Matters. Mr. Burhop was not present. d) Ann Connors, 813 Elm, addressed the Council asking what method she is to use in order to get an item placed on the agenda for consideration. The Mayor pointed out the item she is referring to is a personnel matter and would be heard in Executive Session in any case. He then stated he would personally give her an answer in writing regarding the charges she has made, on which she is apparently asking for a public hearing, in writing prior to the next Council meeting. Page 1 5. Q 7. a ORDINANCE NO. 577 - SECOND READING - Prohibiting Disposal of Debris or Other Personal Property on Other People's Property. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont adopts Ordinance No. 577 at its second reading by title only. The Ordinance was read by title only by the Deputy City Clerk. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. RESOLUTION NO. 1983 -46 - Acceptance of Contract Proposal from Burkart and Ryskamp for City Attorney Services. On Motion by Councilman Shaw, second by Councilman Lowry, the City Council of the City of Beaumont adopts Resolution No. 1983 -46 retaining the law firm of Burkart and Ryskamp as City Attorney with the memorandum of terms and conditions, as modified, made a part of the resolution by reference. AYES:. Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Report on Street Light Turn Off. The City Manager presented his report regarding the proposed street light turn off pointing out that a prior City Council contractual arrangement with Southern California Edison, which had just come to his attention, would prohibit a street light turn off as a cost saving measure. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont rescinds their previous action and directs that no street lights will be turned off. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Consideration of Proposal for Annual Financial Audit of City Finances. Mayor Thompson announced he would abstain from voting on this issue since Ernst & Whinney are the firm he retains for his personal business audit. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont accepts the proposal of Ernst & Whinney for the annual financial audit of city finances for a three year period. AYES: NOES: ABSTAIN: ABSENT: Councilmen May, Shaw and Lowry. None. Councilman Hammel and Mayor Thompson. None. Consideration of Retirement Housing Foundation Request to Reserve Sewer Capacity. On Motion by Councilman Shaw, second by Councilman May, the City Council of the City of Beaumont will reserve sewer capacity for 125 units for the Retirement Housing Foundation, effective September 1, 1983, for a period of ninety (90) days, with the expiration date being November 30, 1983. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: None. Shaw, Hammel, Lowry and Mayor Thompson. Page 2 10. Request for Reconsideration of Michigan Avenue Reconstruction. On Motion by Councilman Shaw, second by Mayor Thompson, the City Council of the City of Beaumont rescinds their previous action and directs that Michigan Avenue shall be reconstructed as recom- mended by the City Engineer in letter dated February 24, 1983. AYES: Councilmen May, Shaw and Mayor Thompson. NOES: Councilmen Hammel and Lowry. ABSTAIN: None. ABSENT: None. 11. Authorization to Go to Bid for Purchase of New Dial -A -Ride Bus. On Motion by Councilman Shaw, second by Councilman May, the City Council of the City of Beaumont authorizes the Purchasing Agent to advertise for bids for the new transit bus per specifications of the Transit Director, and that the time for receipt of bids be set at 10:00 A.M., September 22, 1983. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 12. Authorization for Removal of Dead and Obnoxious Trees in City Parks and Approval of Use of State Park Bond funds to Purchase and Plant New Trees. On Motion by Councilman May, second by Councilman Shaw, the City Council of the City of Beaumont authorizes the removal of 27 trees and two extra stumps by Romberg Tree Service, and approves the use of State Park Bond funds to purchase and plant 35 new trees of assorted types. The Council further authorizes the transfer of funds within the Parks budget as follows: $500.00 from Item 605 -221; $1,100.00 from Item 605 -251; $500.00 from Item 605 -254; and $300.00 from Item 605 -302 to Budget Line Item 605 -301, in the total amount of $2,400.00. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. On Motion by Mayor Thompson, second by Councilman May, the City Council of the City of Beaumont authorizes Romberg Tree Service to dispose of the wood by allowing Beaumont residents to pick it up and remove it. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 13. Consideration of Claim Filed by Jerry Hobbs for Damages to Retaining Wall. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont rejects the claim filed by Jerry Hobbs for damages to his retaining wall and directs the City Clerk to mail Notice of Rejection to claimant. AYES: Councilmen May, Shaw, Hammel and Lowry. NOES: Mayor Thompson. ABSTAIN: None. ABSENT: None. 14. SUBMITTAL OF REPORTS FOR FILING: a. Report of Planning Commission Actions at Meeting of August 16, 1983 were accepted for filing. b. Information Report concerning filing of Ordinance 571 with Secretary of State was ordered filed. Page 3 15. There being no further business to come before the Council, on.Motion by Councilman May, second by Councilman Hammel, with all in favor, this meeting was adjourned to Friday, August 26, 1983, at 2:30 P.M., in the City Manager's Conference Room, for Public Hearing on Annexa- tion No. 29 (Danner), at 9:35 P.M. Respectfully submitted, Page 4 BEAUMONT CITY COUNCIL MINUTES OF AUGUST 8, 1983 The Beaumont City Council met in a regular meeting at 7:30 P.M., on Monday, August 8, 1983, in the City Council Chambers, with Mayor Thompson presiding. The Invocation was given by Councilman Lowry. The Pledge of Allegiance to the Flag was led by Councilman May. On Roll Call the following Council Members were present: May, Shaw, Hammel, Lowry and Mayor Thompson. 1. There being no additions, corrections or deletions, the Minutes of Regular Council Meeting of July 25, 1983 and Special Council Meeting of August 1, 1983 were approved as submitted. 2. There being no objections, the Minutes of Regular Planning Commission Meeting of July 19, 1983 were accepted for filing. 3. On Motion by Councilman Shaw, second by Councilman May, warrants as audited per Warrant List of August 8, 1983, in the amount of $34,303.24.and Payroll of July 28, 1983, in the amount of $27,791.39, were approved for payment as audited. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: None. 4. ORAL COMMUNICATION: Shaw, Hammel, Lowry and Mayor Thompson. a) Mr. Harold Blackaby, 662 Maple, addressed the Council concerning a complaint he made to the Council two months ago pertaining to an unsightly garbage situation across from his home, and that he felt the situation was created by lack of cooperation from City Hall. The City Manager advised Mr. Blackaby he had driven by the loca- tion on many occasions but had never been able to find it in the condition described by Mr. and Mrs. Blackaby. Mr. Blackaby specifically asked why the garbage could not be picked up in the alley, and was informed that it is not a true alley, and that in the past when it was picked up in the alley it created a more severe problem than has been described as existing currently. A discussion concerning this matter followed, with Mayor Thompson, Council Members, the City Manager and Mr. Blackaby participating. Mr. Blackaby presented pictures to the Council to show the condi- tion he referred to, and was asked by the City Manager if the City could use the pictures to show the property owner, however, Mr. Blackaby was not willing to allow the City to use them. Mayor Thompson informed Mr. Blackaby that steps would be taken to alleviate the problem including contact with the property owner and ascertaining whether a dumpster is necessary for the apartment units. b) Mrs. Leota Blackaby, 662 Maple, addressed the Council stating that she reported the condition to the City Manager's office on Friday morning, however, when she walked home the trash had been cleaned up by the landlady, but that the situation does exist on a regular basis. Page 1 5. 0 7. c) Mr. George Connors, 813 Elm, addressed the Council stating the California Redevelopment Act, Part I, Article 4, Section 33142 states the legislative body of a community shall file with the Secretary of State a certified copy of any ordinance dissolving an agency. At this.date Ordinance 571 repealing Ordinance 559 dissolving the Redevelopment Agency has not been filed. Mr. Connors questioned why, and when it would be filed. Mr. Davis informed Mr. Connors that now he had made the City aware of this requirement, it would be done. d) Ms. Ann.Connors, 813 Elm, addressed the Council stating she had just given the City Clerk further petitions asking for the termination of the City Manager Norman Davis, bringing the total number of signatures to 272. She then indicated she was giving each Council Member a City Manager chart which she had pre- pared after reviewing Ordinance 363 (establishing a City Manager's office), the City Manager's contract and Government Code. She pointed out this chart listed infractions committed by the City Manager, and explained the chart further to the Council. A copy of the chart was not given to the City Clerk to be made a part of the record. Ms. Connors asked the Council to consider this a formal request for this matter to be placed on their next agenda. e) Mr. Irish Mitchell was recognized by the Mayor, however, when it appeared his oral communication topic was not relevant to the Council meeting, the recognition was withdrawn. f) Mr. Bob Miller, 1463 E. 6th Street, addressed the Council re- garding the 6th Street median, stating he believes the approved design would be detrimental to his business as well as to other businesses on 6th Street. He further asked the Council to re- consider their action on this matter. He suggested the median be blacktopped with a double yellow line to allow automobiles to turn into any business along 6th Street without having to drive to the only available turnaround as currently designed. Mr. Miller's request was taken under consideration by the City Council. Request from YMCA for Reduced. Gym Rental (Continued from July 25, 1983). On Motion by Councilman Lowry, second-by Councilman Hammel, the City Council of the City of Beaumont approves a one year rental agreement with the YMCA for month to month rental, at the rate of $350.00 per month with the City of Beaumont named as an additional insured on the YMCA's insurance policy. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Set Date for Hearing on Administrative Appeal filed by Floyd Hamner of Ruling of License Control Officer. On Motion by Councilman Shaw, second by Councilman Hammel, the City Council of the City of Beaumont sets the date of September 12, 1983, at 8:00 P.M., for hearing on Administrative Appeal filed by Floyd Hamner of ruling of License Control Officer. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Consideration of Request from Paul Clack of PERC Regarding General. Employee 1983 -84 Negotiations. The presentation by Paul Clack was determined to be for the purpose of information only insofar as PERC's interpretation of the change requested by the City in the longevity clause language. Page 2 E:n a 10. 11. 12. 13. Mayor Thompson indicated this matter would be addressed in the Ex- cutive Session scheduled later on the agenda. Let the record show no action was taken in Executive Session concerning this request. Report and Recommendation on Maintenance Yard Building bid. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont accepts the low bid of Tri City Construction in the amount of $33,730, for Bid Alternative No. 2, for Public Works Project No. 8301, Equipment Storage Building; and further directs that $11,730 be transferred from Account 10- 405 -999 to Account 10- 405 -301. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Consideration of Request from Beaumont Unified School District for Assistance in Funding Three Fire Hydrants at the High School. This agenda item will be taken under advisement by the City Council with a written decision forwarded to the School District. Request to authorize the City Manager to File Article 8 Claim (Transit Funds). On Motion by Councilman Shaw, second by Councilman Lowry, the City Council of the City of Beaumont authorizes the City Manager to file the Article 8 Claim. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. ORDINANCE NO. 577 - FIRST READING - Prohibiting Disposal of Debris or Other Personal Property on Other People's Property. On Motion by Councilman Shaw, second by Councilman May, the City Council of the City of Beaumont passes Ordinance No. 577 at its first reading by title only. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. RESOLUTION NO. 1983 -40 - Adopting the Sewerage and Sanitation Fees Report and Directing that Said Report be Certified to the County Auditor for Collection on the Tax Rolls. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont adopts Resolution No. 1983 -40. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. RESOLUTION NO. 1983 -44 - .Amending Resolution 1972 -17 which Amended Ordinance No. 369 to Provide for 35 Mile Per Hour Speed Limit'on Pennsylvania Avenue. On Motion by Councilman Shaw, second by Councilman May, the City Council of the City of Beaumont adopts Resolution No. 1983 -44. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Page 3 14. RESOLUTION NO. 1983 -45 - Setting Forth an Appropriations Limit for 1983 -84 Consistent with Article XIII B of the California Constitution and Giving Notice of Availability of Information Supporting Said Determination. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont adopts Resolution No. 1983 -45. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 15. Committee Report and Recommendation Concerning Street Light Turn Off. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont adopts the amended list of 134 street lights which Southern California Edison will be requested to turn off. AYES: Councilmen May, Shaw, Hammel and Lowry. NOES: Mayor Thompson. ABSTAIN: None. ABSENT: None. 16. Request for Budget Adjustment for California Avenue Sewer Project. 17. Request for Budget Adjustment for Cherry Avenue Sewer Project. On Motion by Councilman Shaw, second by Councilman Lowry, the City Council of the City of Beaumont approves budget adjustment in the amount of $54,000 from Account 30- 004 -007 and $37,000 from Account 30 -410 -608, total $91,000 to Account 30 -410 -609, for the Cherry Avenue Sewer Construction; and further approves budget adjustment in the amount of $13,OOO. from Account 30- 004 -007 to Account 30 -410- 615 for the California Avenue Sewer Project. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: Councilman Hammel. ABSTAIN: None. ABSENT: None. 18. Report of Planning Commission Action at Meeting of August 2, 1983 was ordered filed. 19. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council adjourned to an Executive Session for Personnel Discussion at 9:30 P.M. AYES: Councilmen May, Shaw, Hammel; Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 20. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council reconvened to regular session at 9:52 P.M. AYES: Councilmen Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman May 21. Let the record show there was no definitive action taken in Executive Session. There was discussion of legal representation for the City on two matters, further discussion concerning the general employee negotiation point presented by PERC, and further discussion pertain- ing to the replacement of City Attorney H. M. Dougherty. On Motion by Mayor Thompson, second by Councilman Shaw, the City Council of the City of Beaumont requests the law firm of Burkhart and Ryskamp to provide a contract proposal, based on the City Manager's recommendation, to be returned to the City Council at their next meeting on August 22, 1983. Page 4 BEAUMONT CITY COUNCIL MINUTES OF SPECIAL MEETING OF AUGUST 1, 1983 1. The Beaumont City Council met in a Special Meeting at 8:00 P.M., on Monday, August 1, 1983, in the City Manager's Conference Room, with Mayor Thompson presiding. 2. On Roll Call the following Council Members were present: May, Shaw, Hammel, Lowry and Mayor Thompson. 3. On Motion by Councilman Lowry, second by Councilman Shaw, the City Council adjourned to Executive Session for Personnel Discussion at 8:10 P.M. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 4. On Motion by Mayor Thompson, second by Councilman Lowry, the City Council reconvened to regular session at 9:05 P.M. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 5. Let the record show there was no definitive action taken in the Executive Session as to the impending resignation of Mr. Harry Dougherty as City Attorney and his possible replacement. 6. Budget /Revenue Review. On Motion by Councilman Lowry, second by Councilman Shaw, the City Council of the City of Beaumont re- evaluates the salary scale for the custodian position to be entry level at $950.00 per month. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. It was determined that Councilmen May, Hammel and Lowry would sur- vey the streetlights and submit a final report to the City Council at their meeting of August 22, 1983, giving their recommendation as to which lights should be turned off. On Motion by Councilman Lowry, second by Councilman May, the meeting was adjourned at 10:00 P.M. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Respectfully submitted, IRENE AOYIE 8WEENEY9__J__ CITY C ERK BEAUMONT CITY COUNCIL MINUTES OF JULY 25, 1983 The Beaumont City Council met in a regular meeting at 7:33 P.M., on Monday, July 25, 1983, in the City Council Chambers, with mayor Thompson presiding. The Invocation was given by Reverand W. W. Brewer. The Pledge of Allegiance to the Flag was led by Councilman May. On Roll Call the following Council Members were present: May, Shaw, Hammel, Lowry and Mayor Thompson. 1. There being no additions, corrections or deletions, the Minutes of Regular Council Meeting of July 11,.1983 and Special Council Meeting of July 14, 1983 were approved as submitted. 2. There being no objections, the Minutes of Regular Planning Commission Meeting of July 5, 1983 were accepted for filing. 3. On Motion by Councilman Shaw, second by Councilman Hammel, warrants as audited per Warrant List of July 25, 1983, in the amount of $75,447.45; and Payroll of July 14, 1983, in the amount of $27,589.83, were approved for payment as audited. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 4. ORAL COMMUNICATION: [sip 4V 10. Mr. Irish Mitchell, 402 E. 6th Street, read from a prepared state- ment, a copy of which has been made a part of the record. Mr. Mitchell also inquired whether or not the ordinance(s) pertaining to political signs had been repealed and was advised that it has not been repealed at this date. Reconsideration of Aldrich Enterprises' application for Permit to Operate Taxi Cab in City of Beaumont. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont revokes the previous decision of the Council and grants a permit to Aldrich Enterprises to operate a taxi service in the City of Beaumont. AYES: Councilmen May, Hammel and Lowry. NOES: Councilman Shaw and Mayor Thompson. ABSTAIN: None. ABSENT: None. Request from Oscar Leeb for Consideration of Reduction of Business License Fee. (Continued from July 11, 1983). This agenda item was continued to give the Council an opportunity to review the business license fees. PUBLIC HEARING - On Proposal to Have Sewer and Sanitation Fee Charges for the Forthcoming Fiscal Year Collected on the Tax Rolls. The Public Hearing was opened at 8:13 P.M. Mayor. Thompson: I will have Mr. Davis give the pro comments on this since he is one of the proponents. Do you want to give us the background on this Norm? Norman Davis, City Manager: I would like to indicate, gentlemen, this ought to merely be a report on what can happen, rather than Page 1 any proponent. I don't think there is any proponecy here. The City Council has adopted an Ordinance which makes it possible to collect sewer and sanitation fees on the tax rolls. They can either collect all fees from everybody. They may collect from a portion of the people. Or they may collect from only the delin- quents. Whatever they may decide, if they decide to do anything. Part of the problem that the City does face is that many people are not paying their sewer service bill, or their sanitation service bill, nor neither of them. This results that those people that do pay are paying the total cost of the operation, which means you are paying somebody else's share of the operation, and that has been happening. Additionally, of course, if the City were to collect from everybody, or at least a portion of all the payers, it would save those additional billing costs, which run into, as regards the single family residences as one example, about $300.00 per month - or per billing period I should say - which is.every two months, or a little over $300.00, which is a little over $2,000.00 per year just for those billings, plus the cost of the data processing run, plus any other operational costs time that would be charged against it within the Finance Department, so there would be those savings, which would further reduce the cost require- ment for the operation. Remember that it is the fees that are paying all the costs of the operation. If those costs are not there, than the fees can be lowered. And if everybody is paying than the fee ought to be lowered because you do not need.as many dollars as the fee would raise if you do collect from everybody. So, that was the report that was given to the Council. That was the reason the Council did adopt an Ordinance over a year ago to make it possible to collect sewer and sanitation fees, or a combina- tion, on the tax rolls. Really that is the essence of it as regards the report, and that is why it has found itself here at this point. Mayor Thompson: I have a request from Mr. George Connors to speak on this item. George, I am sure that you are not a proponent on this. George Connors: No I am opposing it. Mr. Connors read from a pre- pared statement a copy of which is part of the record. Mayor Thompson: Before you leave George, would you read that Health and Safety Code Section 5473.A again. I didn't get it all. Mr. Connors: I am going to leave it here. Mayor Thompson: You are going to give me a copy. City Manager: What it says is that if you want to deal with only the delinquencies you may do so. Mr. Connors: It seems more appropriate if we are having problems trying to collect this money, to put those on it rather than punish those who are taking care of it Put those that are giving you a hard time on it. Mayor Thompson: Excuse me just a minute. I think you have been to quite a few of our meetings and you remember when this first came up.to the Council. One of the questions I had was is it selective or blanket, and we were talking about the delinquent accounts. Mr. Connors: Yes, I remember. Mayor Thompson: Under those circumstances I will support . . . Mr. Connors: I was trying to reinforce that last 5473.A. Mayor Thompson: Do you see where I am coming from on this. I don't know about the rest of them, but this is where I am coming from. Councilman Lowry: I think if you had been at the study session you would understand that we fully agree with you - with your suggestion - ahead of time. Councilman Hammel: I would like to say something to you Mr. Connors, Page 2 myself or the Council as a whole, we would have collected this money over and over again, but the cost of collecting the few dollars costs the City so much money through attorney's fees and court costs, that it isn't even funny. What has happened through management of the City, they more or less have to leave it lay there. Mr. Connors: I agree with you. The point is though if you do it one way and they don't pay, you still have to wait, and if you do it the other way, and they still don't pay, you still have to wait. In the meantime though, the innocent, or myself in my case, has been thrown on the tax rolls which I don't want to be in with. Councilman Hammel: I am sure that the Council as a whole has pro- bably a decision for you. Mayor Thompson: May I ask Mr. Dougherty something. We go to Small Claims Court and get a judgment. What can you attach. City Attorney: Well you can file an Abstract of Judgment just like any judgment, and sell the property. The only trouble is there is a long delay and expense in connection with that type of collection. This is an easier way of collecting. Of course there is a delay no matter which way you go, so I don't see the argument is always the delay - whether you put it on the tax rolls or whether you file suit. But the filing suit - the clerk goes down there and files a small claims action, gets a judgment and then I guess they don't know what to do with the judgment after they get it. They ought to record the judgment and then put it up - - but the trouble is there is not only delay but there is expense there too. Mr. Connors: Can't they attach almost anything besides the house or property - a bank account. . . City Attorney: If they know the bank account - if they know about it - but you would have to go through and have an examination of judgment debtor, find out where their bank account is, and I don't know whether the license clerk knows how to do it'. I sent out instructions how to do it a long time ago, if they wanted to follow that procedure. But this procedure is done by many cities - they put it on the tax rolls, then they pay it. There may be a delay all right. There is a delay either way you go. Mr. Connors: Right, That is.my point. Aren't the expenses incurred in small claims actions recoverable by the winning party. City Attorney: The costs of suit. No attorney fees. The Sheriff would have to sell the property and they will want the money for that too. I think this is the cheapest way and a little more efficient way of doing, and is as most cities are doing today. Mayor Thompson: This is what we have been faced with in the past with our sewer and sanitation collections, and in talking to various other Councilmen between the last meeting and now - not as a group of course - I thought I would say that for Waunnel's benefit just in case - concensus is basically that this be a tool to collect the delinquent accounts. Councilman Lowry: There.was a concensus at the study session this evening on that, I believe. Mayor Thompson: We were still arguing at the study session. Mr. Connors: Then the ordinance should so be worded. Mayor Thompson: No,.you see, when you have a public hearing and you adopt a list, you have either a list of delinquent ones or the total tax roll. And you adopt it by reference to a given list, either Exhibit A or Exhibit B, and one of my questions was if you put some one on the tax rolls are they there forever, and the answer is no. We have to do this each year on an annual basis. We have to have a public hearing just like this, and a list with complete descriptions and verified that they are delinquent, and go from there, just like we are having tonight. Page 3 Don Houston: Mayor Thompson and City Councilmen. After talking with you this afternoon, Mayor Thompson, I am not sure just what this ordinance is pertaining to at this time. If this Ordinance just pertains to delinquent payments I see nothing wrong with it. But if it pertains to all homeowners, but not multiple residents and commercial users, I am against it. I think that any written communication should be read into the record too. I would like my letter read into the record. City Manager: It is just as effective to hand it to the Clerk for record. Mr. Houston: The public does not know what I said. Mayor Thompson: Okay, I will read it. Mayor Thompson then read Mr. Houston's letter, which is a matter of record both in the Clerk's file and on the tape of the meeting. Anyone wishing to review the comments may do so at any time. City Manager: Do you want answers to his questions - he asked questions. Mayor Thompson: Yes. Councilman Lowry: Yes, I think it ought to be in the record. City Manager: On the matter of the theory that it will save the City money, and if this theory correct why are only homeowners placed on the tax bills. If you billed everybody, actually you would save more money, I grant. But the major point is that there has never been a problem with collecting the fees from the businesses or the multiple family residences. The only problem occurs in the single family residences by some owners of the property, but in most cases where you have the situation where a renter rents a single family home, lives in it maybe six months - eight months - a year or a year and a half - never pays a bill during that.time, moves away, leaves the town in many cases, and nobody can ever get to that individual again. And, naturally, the property owner doesn't want to pay either, because he figures that when he made that rental agreement with that renter the renter was supposed to pay sewer and sanitation charges. So that is the answer to that. Why is the homeowner being singled out. I think I have already answered that. He says the trash pick -up services performed by a private party and I should have the privilege of subscribing for the service or hauling it on my own. It was not this City Council that made that Ordinance. I am not even sure that it might not have been Mr. Houston sitting on the Council. I don't say he was, I just say . Mr. Houston: I was not. City Manager: I said, I am not saying that, but it was a previous Council that made that requirement that everybody must utilize the service, or if they choose to haul their own they have to pay the same dollar amount to the City whether they get the service or not. This Council, and certainly myself, had nothing whatsoever to do with that. Don Berryman: I have a home here in Beaumont, but I live in Calimesa, so I have another problem. I have been paying for sewer and rubbish right along, and I have got a Beaumont - Cherry Valley water deal here that I went over and picked up and the water was shut off on 11 -18 -81 by our request, but we have still been paying the sewer and rubbish and now, just recently, I think they cut the rubbish out. I didn't know who you were here Mr. Davis, but I talked to you on 2 -22 -83 about this situation and it was brought to my attention maybe to come.in about every two months and tell the girl in there - which I have a card here - that.the house was still unoccupied. Well my record is this here. I have no water. There are no toilets or anything right now because I had renters in there which just tore the living heck out it. So as I can I am going through to try to Page 4 get this thing back in shape. Now, as far as the rubbish, I had a big trailer that sat there, and I was putting debris and stuff in it, but as far as anybody living there and throwing garbage in there, there wasn't. It was just tree trimmings, and lawn and stuff like that. Then I would take it to the dump. So, I would like this cleared up because I have one of these delinquent right now, and I went in to pay it the other day and she said wait until after the meeting. I owe, I guess, by the record, $34.50, but I had been told that as long as no one was living in there, to just go in there and tell them no one was living there, and my only proof is that the water is still off. They can go out and inspect the place and see that no one is living there. I like to pay my bills too, but if no one is living there I am on the other end . right now. I am going to keep the place clean, and if anyone ever does move into it then I expect to pay sewer and rubbish on it. So I want to know where I stand right now. I know you have a pro- blem because I am in business for myself - I have got problems collecting too. But, on the other hand, I can see a lot of these utilities and stuff going out of sight and these guys are going out there - I see it every day - Edison will send five or six guys out to do one man's job. It is ridiculous. We are all paying for it. You and all of us. Mayor Thompson: You think it is bad now, wait until the telephone company gets their double rate next year. Mr. Berryman: I know. We are all in the same predicament, but then again, what are we going to do. You know you have a budget to meet, and the money is not there. We are all in the same predicament. But I am trying to make it too. Unfortunately, the renter that was in my place was on assistance. So that they could have water and electricity and gas, I put them in my name because their credit was bad. I.was trying to help them out. They.had kids. But the gal that lived in there, she just wanted to have more kids and more kids, and collect more welfare, and then they were supposed to pay me for the rent. They didn't pay it. So I had it shut off. That is what I did. I.went down there - I have a copy if you want it - showing that I have no water there. City Manager: The Council is not interested in that frankly. As I told you. All you have to.do is take the time to come in here and tell us that you do not have that house being lived in, and we certainly - I indicated to you - we have.no desire to collect from some body that was not utilizing the service. And that is what we have done. And the reason we did that was this. When I first came here, gentlemen, you know this. People in the audience do not know this. We realized all of sudden we had a lot of houses out here in this City that were paying no sewer and sanitation fees, yet they were getting the service. Larry Laws, the Wastewater Treatment Plant Operator and myself took the big book with all the addresses that were being billed, and we rode up and down the streets of this City and looked at every house to see if they were on that list. We found something like 100 or 120 of them that were not. What had happened was that somebody like you in the past, a year, two, three years ago, had come in and said nobody is living in our house out there.. We want you to discontinue billing us. Nobody came around and volunteered to the City that we now have somebody in the house when they moved back in. _That is why we made the re- quirement, which.I indicated to you, every two months if you still have that house vacant, come in and tell us and you are not going to get billed. But if you don't come in and tell us you are going to get billed, and I think that is fair because we were losing too many. Who was suffering. The City and all of its residents. Mr. Berryman: That is fair. I am not against what you are saying. But what I am getting at. . . Mayor Thompson: Just a minute. How long has that house been empty. Mr. Berryman: Since 1981, Novem him because I know I even caught the water off, they were getting They were still in there. But I unoccupied since then. And when in . . . Page 5 ber. 11- 18 -81. Now, I agree with the renters in there when I shut water from the next door neighbor. am saying the house has been you say all I have to do is come City Manager: If you come in, why you haven't been billed. Mr. Berryman: That is what I am going to ask you right now. I have been coming in. I have a lot of receipts here that I have paid. And I am only $34.50 . . . City Manager: That hasn't been waived? Mr. Berryman: No. She said to wait until after this meeting. City Manager: Your problem has nothing to do with the meeting and that young lady in there should not have said wait until after this meeting, she should have said either I will o.k. it or Mr. Davis will o.k. it. It is just that simple. Mr. Berryman: Well, yeah, but wait a minute. I paid it before and something was supposed to have been done about it, and it wasn't. I got another bill. City Manager: Well, then you should have come back and yelled. Mr. Berryman: If I went back and forth - you know my budget doesn't go for it either. I try to come over here and get things straightened out one time. City Manager: I recognize.that, but if you want to save the money then you have to come in every two months. Mr. Berryman: But I can't keep running back and forth. Mayor Thompson: Norm, excuse me a minute. If he comes in tomorrow will you make an adjustment on this. City Manager: Absolutely. He has already been told that once. Mayor Thompson: Will you come in tomorrow to Mr. Davis' office. City Manager: Don't come in. Just leave the papers with me tonight and we will take care of it. Unidentified speaker from audience: Does that go for everybody. City Manager: That goes for anybody in a like situation. Abso- lutely. Unidentified speaker: It does. City Manager: Absolutely. We have said that and I believe I told Mrs. Carter that. Unidentified Speaker: I don't believe so. City Manager: Well, I have to disagree with you because you came and talked to me and I told you that. Either you or your daughter, I don't remember which. Mr. Berryman: This is the present one that I came in to pay, and I came in on these too, but they just keep going on and on. City Manager: And the staff knows this and why they should . . . if you had communicated - but.you are going to have to make that personal communication once every two months, because we are not going to just sit there and hope somebody comes and tells us some- day and tells us someone has moved back into the place. Because it didn't happen. Councilman Lowry: Norm, is a telephone call acceptable, or do they have to personally come in. City Manager: They are going to have to personally come in. Councilman Lowry: Personally come in. He said he made telephone calls, so that is . . . Mr. Berryman: How about if you sent in a letter. A registered Page 6 letter. Harold Blackaby, 662 Maple Avenue: There are some things that I wish the Council would consider and I would like to ask one question. Of the three sections of the Health and Safety Code that were cited in the letter that was sent out to the citizens, have each of you Councilmen read those. The Health and Safety Code. I just wondered how many of you have read it. Councilman Hammel: The Health and Safety Code? Mr. Blackaby: Yes, the three sections cited in the letter that was sent to the citizens. Mayor Thompson: I've read . . . Councilman Lowry: I couldn't quote it to you because I read . . Mr. Blackaby: I wouldn't ask you to quote them, but if they were read and digested I can't see how, in all fairness to the citizens as a whole, that you can consider a blanket application of what has been proposed. Councilman Lowry: Mr. Blackaby, if you heard us say before that there has been a concensus of the Council at the study session that we are not going to put it on as a whole. Only on those that are delinquent. Mr. Blackaby: Well I don't always hear as well as I should, and I hadn't heard that Mr. Lowry. But I was going to address the blanket proposal as being very unfair, and if that is the concensus of the Council, then I thank you for your time. City Manager: Let me suggest to you gentlemen. If you want to place only the delinquents on the tax rolls, just adopt a minute order tonight directing that that be done with a resolution pre- pared to spell that out brought back at the next meeting, and that will still be two days prior to the deadline. You can adopt the resolution at that time, which is a follow -up of this particular meeting. Mayor Thompson: Let me ask a question. Is there anyone here in the audience that opposes the addition to the tax rolls of those that are delinquent in their sewer and sanitation fees. Mrs. Jenny C. Jansky, Highland Springs Village, 41226 Cheynne Trail: I am very much opposed to anything being put on my tax bill. In talking with everybody up there, we all are. It will be a payment in advance. We do not run delinquent bills ordinarily, I don't think. I would like to ask a question I overhead in the other room. I believe you said we did not pay sanitation in Highland Springs Village. Did you mean we don't pay it to the City of Beaumont, or we don't pay it at all. Mayor Thompson: No. You don't pay the City of Beaumont. You are under Cherry Valley Sanitation. Mrs. Jansky: Okay. And on the sewer bill, we finally got it cut because we had been paying double. I don't say we can't afford it, but it was the principal behind it all. Paying twice as much as the rest of the people in Beaumont. I am about to purchase property here in Beaumont, and I want to find out if the City Council is doing a fair job, and they should be collecting these delinquents before they get that delinquent. When I was doing business in Alhambra and Pasadena, we paid the trash pick -up for our tenants. So, therefore, if I didn't pay, you could come to me. I don't think you can go to the tenants that are fly by nights which we have a great many of them in this day and age. So it should be taken care of by the landlord and he can.charge more rent. And, to go on with it. Everybody says they are saving us money but our bills get larger all the time. How about a little bit of economy in the City spending. Do you want a for instance.. All those beautiful red lines they put over here on Beaumont Avenue, the red curbs and things. I never did find out why. Or why they Page 7 were taken off so rapidly, because it was completely unfair to the owners of the property along there. Mayor Thompson: What red lines. City Manager: Back in 1980 or 1981. Mrs. Jansky: You didn't do it, but it still was a waste of money. Mayor Thompson: Well, they acted at that time on an erroneous report. The previous Council acted on misinformation, let us put it that way. Mrs. Jansky: Well, let's hope this Council is going to do a great job. Mayor Thompson: We try not to act on misinformation. City Manager: I would just like to let you know though, the first one on this list lives on Oregon Trail and owes $332.57. Mrs. Jansky: Then doggonit you get up and get it because if they live on Oregon Trail they can pay their bill. City Manager: I can also tell you that property is going up for taxes. Being sold. It is on the County Tax Collector's list this year. So they haven't paid a lot of things. But they are going to pay now because their property is being sold. Mrs. Jansky: I hope you get double. City Manager: Well, we are not going to get paid except that I did contact the tax collector today and they are going to now put our bill in there to make sure that we get reimbursed by the tax collector when it goes to sale. Mrs. Jansky: But you do know that we are paying the other guy's bills, and that is unfair. City Manager: Your right. That is why I don't like this. I think you are absolutely correct. That is what many people seem to over- look here though. Mayor Thompson: Basically, fees that are legally owing trying to do here - an impl, we can use to collect those of the whole process here - their fees in a way that we the Council would like to collect those to the City. This is what we are ament that we can use - or a tool that fees. And this is the basic intention is to set forth those that haven't paid can collect them. Ed Mencher, 1262 Massachusetts: I am not completely conversent with all the logistical mechanisms of City government, but it seems that if we are contracting with a private company to collect the trash, and have an ordinance to make it mandatory that all citizens use this company, perhaps we should rescind the ordinance and.make it the responsibility of the company to collect for their services and charge them as any other business would that is operating within the City. For sewage, I understand the City and sometimes the County installs the necessary materials, therefore, the City should have to take that part of it. But the trash collections since Proposition 13, which I hate as a scapegoat, but it seems like the bills doubled, the service decreased, not only in quantity but in quality. I go out and pick up as much trash off the street as I do when I put it.in the trash can. They turn the.barrels upside down. They have taken barrels that were in servicable coadi- tion. And this company is being paid by the City to do this service for us which is not very good quality. So my suggestion is perhaps rescinding the Ordinance if necessary and letting the company be responsible. That would take the burden off the City for collection. Councilman Lowry:. Do you want to explain our contract which we have no control over, and which this man doesn't know about. We have got a ten year contract that a former Council put in, and we can't do anything about it at this time. Page 8 Councilman May: But we can do something about what he is men- tioning there. They are not doing a good job emptying the trash collecting. I have seen it. And they are damaging. City Manager: If there is a complaint on that score it has to be conveyed so that the City can follow up on it. Councilman Lowry: Somebody has to make the complaint - formally. City Manager: But the contract was entered into by a City Council in December of 1978 I believe it was, and it was an, overall, ten year contract. Mr. Mencher: Who do I complain to about the trash services. City Manager: Just call my office and we will follow up on it. .Mr. Mencher: And your name is. City Manager: I am the City Manager, Norman Davis. Larry Gordon, 1284 Pennsylvan -EWVe Did I understand earlier in the conversation that we already. such an ordinance as we are talking about adopting tonight. Mayor Thompson: 554. City Manager: Adopted in August of 1982. Larry Gordon: Does that Ordinance cover exactly what we are talking about now. City Manager: Absolutely. Mr. Gordon: Then why are we talking about adopting another Ordin- ance. City Manager: I just wanted to spell out a point or two a little differently. Mr. Gordon: The other ordinance will then be rescinded is that correct. City Manager: Not necessarily. Mayor Thompson: It will be amended. Mr. Gordon: Amended, o.k. Now, one of the other questions I had you have already answered, but as I recall Norm stated the other night - a couple of weeks ago - there was about 10% of the indi- vidual homeowners who were delinquent. Is that a correct statement Norm? City Manager: Approximately. Mr. Gordon: Okay. So if 10% of the people are delinquent, do we anticipate a 10% decrease in our cost? And when is the Council going to adjust the fees, both the sewerage and trash if we are now paying for those who are not. City Manager: Obviously, based on their feelings, they are not going to reduce the fees because they are not going to reach out and get the whole 10 %. At this point, they are only going to reach out and get those who are a year or more delinquent. Mr. Gordon: I see. Okay. Now, another point. I feel that if it is this Council's intention to only put those who are delinquent on the tax roll then that is the way the ordinance should read. Don't leave the word election in there because you gentlemen are going to be not elected or choose not to run in the future, and it is much easier to combat a new ordinance, or an amendment to an ordinance than it is to get the Council to propose a new ordinance. City Manager: You can only write the ordinance, Larry, according to State Government Code, and what is in that ordinance is what Page 9 11. 7. is prescribed by the Government Code. Mr. Gordon: They will only allow you to do it just one way? City Manager. But, what goes into the resolution, which is the only document that places anything on the tax rolls, is what is going to be spelled out by any particular Council. Remember, you heard earlier that it has to be done every year, so, at that time you have a Council, or a new Council, it is the Council responsi- ble at that time. And they will only do what they feel they want to do. Councilman Lowry: At a public hearing. City Manager. The annual resolution is the guiding instrument. It is not the basic ordinance. The basic ordinance is only a tool that allows you to do something. The resolution is the actual . . . Mr. Gordon: That is what causes it to happen. Now, let's get back to the other than individual homeowners. Judging from what Don Houston said, there appears to be as much uncollected . . . City Manager: No, there is not. I have already said that. We have no case history of any delinquency in the business or the multiple residency community. I said that earlier. Mr. Gordon: Okay, but I still would think that the ordinance would include it, because I don't want to have subsidized a landlord any- more than I want to subsidize my neighbor. And as one of the other folks stated here, if the landlords are held responsible and let them add it to the rent, let them pay it, then we won't have any trouble. Because if it goes on the tax roll that is exactly what they will have to do. And I think it should include all property not just individual homeowners. Mayor Thompson: We have heard quite a few opinions against a blanket application of the sewer and sanitation collection method. Several people have indicated acceptance of the philosophy of applying the delinquent person - property owner - to the tax bill, and this has basically been the concensus of the Council in the past. I think that might be the best way to go at this time, and then watch this thing and every year come back and review it. Do I hear any dissent or discussion on that particular philosophy. Anybody that is vio- lently opposed to that philosophy? Under those circumstances we will close the public hearing at 9 :00 P.M. On Motion by Councilman Lowry, second by Councilman Shaw, the City Council of the City of Beaumont directs the City Manager to bring a resolution to the City Council on August 8 to provide for delinquent accounts to be placed on the tax rolls per the list presented here this evening entitled delinquent accounts only. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. RESOLUTION NO. 1983 -40 - Adopting the Sewerage and Sanitation Fees Report and Directing that Said Report be Certified to the County Auditor for Collection on the Tax Rolls. This resolution was continued until the next regular meeting on August 8, 1983. Request of YMCA for Reduced Gym Rental. This agenda item was continued until the regular meeting of August 8, 1983 for the YMCA to check insurance coverage, and for the City to review the utility cost in the gymnasium. Page 10 a 12. 13. 14. Recommendation on Cherry Avenue Sewer Project Bid. On Motion by Councilman Shaw, second by Councilman Hammel, the City Council of the City of Beaumont awards the Cherry Avenue Sewer Project contract to the low bidder, United "M" Construction, for the amount of $163,854.50, subject to Riverside County Community Development approval of the bidder and submission of all required documents. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Contract for Engineering Services for Wastewater Treatment Plant Design - Acceptance. On Motion by Councilman Lowry, second by Councilman Shaw, the City Council of the City of Beaumont accepts the contract for design engineering services with Willdan Associates for the wastewater treatment plant in the vicinity of Jack Rabbit Trail with amendment, and as corrected on Attachment "B ", Paragraph 3.1.12 in which the word "inspector" shall be added in the last sentence. AYES: Councilmen Shaw, May,Lowry and Mayor Thompson. NOES: Councilman Hammel. ABSTAIN: None. ABSENT: None. ORDINANCE NO. 572 - SECOND READING - Establishing Minimum Property Maintenance Requirements to Control Nuisances. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont adopts Ordinance No. 572 at its second reading by title only. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. ORDINANCE NO. 573 - SECOND READING - Providing for the Election of Having Sanitation and Sewer Charges for Each Forthcoming Fiscal Year Collected on the Tax Rolls Together with Its General Taxes. On Motion by Councilman Shaw, second by Councilman May, the City Council of the City of Beaumont adopts Ordinance No. 573 at its second reading by title only. AYES: Councilmen May, Shaw, Hammel and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Lowry. Note: Councilman Lowry left the Council Chamber at 9:40 P.M. and returned at 9:42 P.M. ORDINANCE NO. 574 - SECOND READING - Setting Monitoring Fee for Burglar Alarms at the Police Department. On Motion by Mayor Thompson, second by Councilman Hammel, the City Council of the City of Beaumont adopts Ordinance No-574 at its second reading with the amendment to the monthly service fee from $30.00 to $10.00. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Page 11 15. Consideration of Burglary- Robbery Alarm Monitoring System Agreement. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont approves the Agreement with Pacific Alarm for the Alarm Monitoring System. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 16. ORDINANCE NO. 575 - SECOND READING - Repealing Ordinance No. 538 Which Amended Ordinance No. 527, Section 10, which Provided an Increase in the Dollar Limitation Required to go to Bid on Equipment. Motion by Councilman Hammel, second by Councilman Shaw, to adopt Ordinance No. 575 at its second reading. After discussion, Councilman Shaw withdrew his second. MOTION DIED FOR LACK OF A SECOND. 17. RESOLUTION NO. 1983 -34 - Amending Resolution No. 1978 -28 to Provide for Updated Collection Costs for Residential Users and Commercial Bin Users. (Continued from July 11, 1983). On Motion by Councilman Lowry, second by Councilman Shaw, the City Council of the City of Beaumont adopts Resolution No. 1983 -34 with amendment reflecting an increase of 18 cents for residential monthly billing and 16 cents per cubic yard for each bin for commercial. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: Councilman Hammel. ABSTAIN: None. ABSENT: None. 18. RESOLUTION NO. 1983 -36 - Consenting and Authorizing Submittal of Annexation Application of Uninhabited Territory (Beaumont Annexation No. 30 /Shanley - 14th & Beaumont Avenue). 19. URGENCY ORDINANCE NO. 576 - To Amend Ordinance 490 to Provide Pre - Zoning to Property Requesting Annexation to the City of Beaumont. (Annexation No. 30). 20. Determination and Adoption of Negative Declaration. (Annexation No. 30). On Motion by Councilman Lowry, second by Councilman Shaw, the City Council of the City of Beaumont adopts Resolution No. 1983 -36; adopts Urgency Ordinance No. 576 by title only; and adopts a Nega- tive Declaration on Annexation No. 30 and directs the Mayor to sign the Notice of Determination. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 21. RESOLUTION NO. 1983 -37 - Calling and Giving Notice 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. 22. RESOLUTION NO. 1983 -38 - Adopting Regulations for Candidates for Elective Office, Pertaining to Materials Submitted to the Electorate and the Costs Thereof for the General Municipal Election to be Held in said City on Tuesday, November 8, 1983. On Motion by Councilman Shaw, second by Councilman Lowry, the City Council'of the City of Beaumont adopts Resolution No. 1983 -37 and Resolution No. 1983 -38. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Page 12 23. RESOLUTION NO. 1983 -39 - Setting Hearing on the Annexation of Property to the City of Beaumont, Beaumont Annexation No. 29, LAFCO No. 83 -06 -3 (Danner). On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont adopts Resolution No. 1983 -39 setting the date of Friday, August 26, 1983 at 2:30 P.M., in Room 4, 550 E. 6th Street. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: Councilman Hammel. ABSTAIN: None. ABSENT: None. 24. RESOLUTION NO. 1983 -41 - Establishing Rates for the Abatement and Removal of All Dry Weeds, Dead Shrubs and Dead Trees, and Other Waste Matter Declared as a Public Nuisance and Rescinding Resolu- tion No. 1977 -08. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont adopts Resolution No. 1983 -41. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 25. Consideration of Approval of Weed Abatement Costs. On Motion by Councilman Shaw, second by Councilman Hammel, the City Council of the City of Beaumont approves payment to N. K. Clements for weed abatement in the amount of $585.00, to be taken from No. 01 -145 -252; and further directs the City Attorney to.collect the amount owed by the property owner plus administrative charges by a small claims action. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 26. Request of Mr. Bob Orr for Reconsideration of Requirement to use Barbar Green Equipment for Blacktopping and Requirement for 1,250 Gallon Septic Tank. This agenda item was ordered filed. Mr. Orr was not present. 27. RESOLUTION NO. 1983 -42 - Declaring the City's Acceptance and Appro- val of Agreement for Older Americans Fund, 1983 -84 Fiscal Year. On Motion by Councilman Shaw, second by Councilman May, the City Council of th City of Beaumont adopts Resolution No. 1983 -42. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 28. Report of Planning Commission Actions at Meeting of July 19, 1983 was ordered filed. 29. RESOLUTION NO. 1983 -43 - Requesting the Governor and the State Legislature of the State of California to Return Historical Subvention Revenues to Local Government. On Motion by Councilman Lowry, second by Councilman Shaw, the City Council of the City of Beaumont adopts Resolution No. 1983 -43. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Page 13 There being no further business to come before the Council, the meeting was adjourned at 11 :01 P.M. Respectfully submitted, IRENE J C 79ENEY, CITY CIZZRKV Page 14 1. 2. 3. Q 5. BEAUMONT CITY COUNCIL MINUTES OF SPECIAL MEETING OF JULY 14, 1983 The Beaumont City Council met in a Special Meeting at 2:30 P.M., on Thursday, July 14, 1983, with Mayor Thompson presiding. On Roll Call the following Council Members were present: May, Lowry and Mayor Thompson. Councilmen Shaw and Hammel were excused. On Motion by Mayor Thompson, second by Councilman Lowry, the meeting was adjourned to Executive Session for Personnel Discussion at 2:40 P.M. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilmen Shaw Lowry and Mayor Thompson. and Hammel. Let the record show the following Department Heads were invited to attend the Executive Session: Police Department, Street Department, Engineering Department, Finance Department, Purchasing /Personnel Department, Vehicle Maintenance /Transportation Department, Business License /Animal Control Department, Building Department, Wastewater Treatment Plant Department. On Motion by Mayor Thompson, second by Councilman Lowry, the meeting reconvened to regular session at 4:40 P.M. AYES: Councilmen May, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilmen Shaw and Hammel. Let the record show no definitive action was taken in Executive Session, although there was wide ranging discussion concerning personnel policy and personnel matters. There being no further business to come before the Council, the meeting was adjourned at 4:42 P.M. Respectfully submitted, Y BEAUMONT CITY COUNCIL MINUTES OF JULY 11, 1983 The Beaumont City Council met in a regular meeting at 7:30 P.M., on Monday, July 11, 1983, in the City Council Chambers, with Mayor Thompson presiding. The Invocation was given by Councilman Lowry. The Pledge of Allegiance to the Flag was led by Councilman Shaw. On Roll Call the following Council Members were present: May, Shaw, Hammel, Lowry and Mayor Thompson. 1. There being no additions, corrections or deletions, the Minutes of Adjourned Council Meeting of June 16, 1983, Adjourned Meeting of.June 23, 1983 and Regular Council Meeting of June 27, 1983 were approved as submitted. 2. There being no objections, the Minutes of Regular Planning Commission Meeting of June 21, 1983 were accepted for filing. 3. On Motion by Councilman Shaw, second by Councilman Hammel, warrants as audited per Warrant List of July 11, 1983, in the amount of $60,366.62 and Payroll of June 30, 1983, in the amount of $26,477.16, were approved for payment as audited. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 4. DECISION PENDING - Amendment of Circulation Element of General Plan. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont accepts the three recommendations submitted by the Planning Commission by Resolution PC 1983 -1 and Re- solution PC 1983 -3, relative to amending the Circulation Element of the General Plan, with modifications to the Specific Plan for Beaumont Avenue as follows: a. Change Beaumont Avenue requirement to delete requirement for another roadway on the west side of trees, but to provide for frontage roads on each side. b. Restrict access from frontage roads to major cross street intersections, with one access allowed at the south end. AYES: Councilmen May, Hammel, Lowry and Mayor Thompson. NOES: Councilman Shaw. ABSTAIN: None. ABSENT: None. 5. ORDINANCE NO. 572 - FIRST READING - Establishing Minimum Property Maintenance Requirements to Control Nuisances. On Motion by Councilman Shaw, second by Councilman May, the City Council of the City of Beaumont passes Ordinance No. 572 at its first reading by title only. The Ordinance was read by title only by the City Clerk. AYES: Councilmen May, NOES: Mayor Thompson. ABSTAIN: None. ABSENT: None. Shaw, Hammel and Lowry. 6. Request for Consideration of Change in Enforcement Procedures for Compliance with Ordinance No. 490, Section 203. Mr. Irish D. Mitchell, 402 E. 6th Street, addressed the Council con- cerning his request and his suggested remedy. Let the record show the request for consideration of change in Page 1 7. E'V a 10. 11. 12. enforcement procedures will be contingent upon the implementation of Ordinance 572, and no action will be taken by the Council at this time. ORDINANCE NO. 573 - FIRST READING - Providing for the Election of Having Sanitation and Sewer Charges for Each Forthcoming Fiscal Year Collected on the Tax Rolls Together with Its General Taxes. On Motion by Councilman Lowry, second by Councilman Shaw, the City Council of the City of Beaumont passes Ordinance No. 573 at its first reading by title only. The Ordinance was read by title only by the City Clerk. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Consideration of Amendment to Refuse Collection Agreement. On Motion by Councilman Lowry, second.by Councilman Hammel, the City Council of the City of Beaumont approves the amendment to the Refuse Collection Agreement, and further approves the amendment be executed by the Mayor. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. ORDINANCE NO. 574 - FIRST READING - Setting Monitoring Fee for Burglar Alarms at Police Department. On Motion by Mayor Thompson, second by Councilman Shaw, the City Council of the City of Beaumont passes Ordinance No. 574 at its first reading by title only. The Ordinance was read by title only by the City Clerk. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: Councilman Hammel. ABSTAIN: None. ABSENT: None. ORDINANCE NO. 575 - FIRST READING - Repealing Ordinance No. 538 Which Amended Ordinance No. 527, Section 10, Providing for an Increase in the Dollar Limitation Required to go to Bid on Equipment. On Motion by Councilman Hammel, second by Councilman May, the City Council of the City of Beaumont passes Ordinance No. 575 at its first reading. The Ordinance was read in its entirety by the City Clerk. AYES: Councilmen May, Shaw and Hammel. NOES: Councilman Lowry and Mayor Thompson. ABSTAIN: None. ABSENT: None. RESOLUTION NO. 1983 -34 - Amending Resolution No. 1978 -28 to Provide for Updated Collection Costs for Residential Users and Commercial Bin Users. This agenda item was continued until the next regular meeting on July 25, 1983. RESOLUTION No. 1983 -35 - Requesting the Board of Supervisors of the County of Riverside to Consolidate a General Municipal Election of Said City to be Held on November 8, 1983. On Motion by Councilman Shaw, second by Councilman May, the City Council of the City of Beaumont adopts Resolution No. 1983 -35. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. Page 2 ABSENT: None. 13. 14. 15. 16. 17. 19. Request of Cherry Valley Sheet Metal to be Relieved of Bid for Construction for Maintenance Building. On Motion by Councilman Shaw, second by Councilman May, the City Council of the City of Beaumont relieves Cherry Valley Sheet Metal of the Bid for construction of the maintenance building. AYES: Councilmen May, Shaw and Lowry. NOES: Councilman Hammel. ABSTAIN: Mayor Thompson. ABSENT: None. Submission of Maintenance Yard Buildings to Re -Bid. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont authorizes the submission of the Maintenance Yard buildings for re -bid. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: Councilman Hammel. ABSTAIN: None. ABSENT: None. Appointment to Fill Vacancy on Planning Commission. On Motion by Councilman Hammel, second by Mayor Thompson, the City Council of the City of Beaumont appoints Mr. Dennis A. Duranceau to fill the unexpired term of Jerry Seaburg on the Planning Commission. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Request for Reconsideration of Application of Aldrich Enterprises for Taxi Cab Permit. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont grants the request for reconsideration of Application of Aldrich Enterprises for a Taxi Cab Permit. AYES: Councilmen May, Hammel and Lowry. NOES: Councilman Shaw and Mayor Thompson. ABSTAIN: None. ABSENT: None. Motion by Councilman Lowry and second by Councilman Hammel to grant a permit to Aldrich Enterprises was withdrawn. Let the record show open discussion concerning Aldrich Enterprise's application for a taxi cab permit will be held on July 25, 1983, and is to be set early on the agenda. Recommendation Concerning Consolidation of City Operations at One Site. Decision on Sale of 500 Grace Street to the Beaumont Unified School District. On Motion by Councilman Shaw, second by Councilman May, the City Council of the City of Beaumont directs that the status of 500 Grace Street and the City operations on 6th Street remain as is. AYES: Councilmen May, Shaw and Hammel. NOES: Councilman Lowry and Mayor Thompson. ABSTAIN: None. ABSENT: None. Authorization to Submit 1983 -84 Article 4 Claim (Transit Funds). 20. Authorization to Submit 1983 -84 State Transit Assistance Fund Claim. On Motion by Councilman Shaw, second by Councilman May, the City Council of the City of Beaumont authorizes submittal of the 1983 -84 Article 4 Claim and the 1983 -84 State Transit Assistance Fund Claim. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Paae 3 21. Request from Oscar Leeb for Consideration of Reduction of Business License Fee. This agenda item was taken under advisement until the regular meeting of July 25, 1983. 22. Request for Change in Bid Opening Procedures. On Motion by Councilman Hammel, second by Councilman May, the City Council of the City of Beaumont directs that the bid opening pro- cedures shall be as follows: All bids shall be opened by the City Clerk or her designated Deputy. The City Manager and two Councilmen will be present at the time of opening. Sufficient advertising and posting to insure that any members of the public who wish to do so may be present. AYES: Councilmen May, Shaw and Hammel. NOES: Councilman Lowry and Mayor Thompson. ABSTAIN: None. ABSENT: None. 23. Authorization to Accept Proposal for Engineering Services for Waste - Water Treatment Plant Design and Request Contract Documents. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont accepts the proposal of Willdan Associates for the engineering services and request that contract documents be prepared for the July 25 meeting; and further directs the City Attorney submit a report on the legality of accepting this proposal. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: Councilman Hammel. ABSTAIN: None. ABSENT: None. 24. Request for Budget Adjustment to Transfer Funds from Christmas Decoration Allocation to Chamber of Commerce Allocation. 28. Request of Police Department for Refrigeration Unit. On Motion by Councilman Shaw, second by Councilman May, the City Council of the City of Beaumont approves budget adjustment to trans- fer $2,000 from Christmas decoration allocation, Account 01 -145 -272 to Chamber of Commerce allocation, Account 01- 145 -271; and budget adjustment from Account 01- 205 -226 to Account 01- 205 -302 for the purchase of a refrigeration unit for the Police Department in the amount of $350.00. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 26. Report of Planning Commission Action at Meeting of July 5, was ordered filed. 27. ORAL COMMUNICATION: a. Mr. George Connors, 813 Elm, addressed the Council concerning the length of the agendas, and read a list of suggestions to alleviate the problem. b. Ms..Ann Connors, 813 Elm, addressed the Council concerning im- proved City Management, reading from a prepared statement listing newspaper headlines from the past year. Ms. Connors then submitted additional petitions asking for the resignation of Norman Davis as City Manager. C. Mr. Larry Gordon addressed the Council regarding the fact the Page 4 opposing side in the recent special election had not filed a report of expenditures as the Redevelopment Agency Opponents had done, and asked the City Clerk what her intentions are to enforce the law and cause the proponents of the Redevelopment election to file those necessary documents so it becomes public record. 25. Discussion Concerning City Engineer Plan Check Procedure. This item was placed on the agenda by Mayor Thompson for the purpose of a discussion with the City Engineer regarding the present plan check procedure. This was an open discussion and no action was taken by the Council. There being no further business to come before the Council, the meeting was adjourned at 11:18 P.M. Respectfully submitted, r I ENE JOY'CIV SWEENEY, CITY CLERK Page 5 BEAUMONT CITY COUNCIL MINUTES OF JUNE 27, 1983 The Beaumont City Council met in a regular meeting at 7:30 P.M., on Monday, June 27, 1983, in the City Council Chambers, with Mayor Thompson presiding. The Invocation was given by Reverand Cliff Howrey, First Southern Baptist Church. The Pledge of Allegiance to the Flag was led by Councilman Shaw. On Roll Call the following Council Members were present: May, Shaw, Hammel, Lowry and Mayor Thompson. 1. There being no additions, corrections or deletions,.the Minutes of Regular Council Meeting of June 13, 1983 were approved as submitted. 2. There being no objections, the Minutes of Special Planning Commission meeting of June 7, 1983 and Regular Planning Commission Meeting of June 14, 1983 were accepted for filing. 3. On Motion by Councilman Shaw, second by Councilman Hammel, warrants as audited per Warrant List of June 27, 1983, in the amount of $108,319.11 and Payroll of June 16, 1983, in the amount of $22,379.40, were approved for payment as audited. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 4. Renewal of Liability and Property Insurance. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont accepts the City Manager's recommenda- tion and places the City's liability and property insurance with Curtis - Kieley, Inc. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 5. Extension Agreement on Contract for Liability Claims and Risk Manage- ment Services with Self Insurance Administrators. On Motion by Councilman Shaw, second by Councilman May, the City Council of the City of Beaumont accepts the Extension Agreement extending the contract for liability claims risk management ser- vices dated July 1, 1982 between the City of Beaumont and Self Insurance Administrators. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: Councilman Hammel. ABSTAIN: None. ABSENT: None. 6. Recommendation Regarding Joint Powers Program for Worker's Compensation Pool. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont accepts the invitation of the PASIS group to affiliate with them for the purpose of providing a worker's compensation pool. The City, in accepting membership in PASIS concurs in the previously negotiated PASIS and Self - Insurance Administrator's contract and with the JPA agreement and JPA By -Laws. The City Manager is named as the responsible contact person for the City with PASIS in the conduct of PASIS activities. Page 1 7. 10. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: Councilman Hammel. ABSTAIN: None. ABSENT: None. Notice to State Compensation Insurance Fund of Discontinuance of City Participation. On Motion by Councilman Lowry, second by Councilman Shaw, the City Council of the City of Beaumont has taken action to provide Worker's Compensation Insurance through a joint powers agreement arrangement with the Public Agency Self- Insurance System. The City hereby gives notice to the State Compensation Insurance Fund that it will dis- continue affiliation with the State Compensation Insurance Fund effective July 1, 1983. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: Councilman Hammel. ABSTAIN: None. ABSENT: None. Out of Sequence. Recommendation to Reimburse Mrs. Gary Ahlstrom for Lost Funds at Beaumont Swimming Pool. On Motion by Councilman Shaw, second by Councilman Lowry, the City Council of the City of Beaumont authorizes the reimbursement to Corby Robbins the amount of $8.00 for lost funds due to City error. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 11. PUBLIC HEARING - 8:00 P.M. — Consideration of Recommendation of Planning Commission - General Plan Amendment No. 1001 Changing the General Plan from Medium Density Residential to High Density Resi- dential North of 7th Street between Orange and Magnolia. Applicant: Larry Partain, et al. The Public Hearing was opened at 8:00 P.M. Gary Croft, Chief Planner, City of Beaumont: This request came in from Mr. Partain and was joined by other property owners in the requested area, that the General Plan be changed from the existing medium density residential with 5 to 8 dwellings per acre to high density residential from 8 to 16 dwellings per acre. Mayor Thompson: Where is the property in question. Gary Croft: The property is immediately north of Summit School. It is in the block bounded by 7th and 8th Streets between Magnolia and Orange. It consists of the six lots most southerly in that block. It does not concern the four northerly lots which are owned by Mr. Woodley, the Griffins and Snyder. It only concerns these six southerly lots. It is an area approximately one and one -half acres in total. Currently the site is developed with three single family homes on three of the lots, the other three lots being vacant. The request primarily is based on the presentation made a year ago at the General Plan hearing in order to preserve the densities as requested in the R -3 zone - that existed in the R -3 zone. The common understanding that when they were requesting the R -3 in the medium density that they were talking about the same thing, when in reality R -3 zone does allow densities of approximately 15 units to the acres, which is the equivalent of the high density residential on the General Plan. Mayor Thompson: You mean the old R -3? Gary Croft: The old R -3. The zoning is still designated R -3, however the density was basically half what the previous density was allowed in the area prior to the adoption of the General Plan a year ago, so the request was based on the fact that they had made a request to your Council, thought they had favorable consideration Page 2 for that density, and then discovered when they wanted to do some construction that, in.fact, they could not build the units that they had proposed previously. Mayor Thompson: Which would allow them to build . . . Gary Croft: Which would allow them, under the prior General Plan and the zoning. Mayor Thompson: Which was an indication that the General Plan hearings - that that type of a density was to continue. That was basically. . . Gary Croft: Yes. That was the feeling. Initially, you may not recall, but initially the General Plan had proposed - it indicated that all of the area northerly of 6th Street be designated a single family residential. Councilman Hammel: Low density. Gary Croft: Low density. That was then changed to medium density basically in the areas that were designated R -3 southerly of 11th Street. You took that action at.the Council meeting in May a year ago. There was some confusion over whether the medium density and the R -3 were equivalent, when in fact they were not. And so, as a result, this is why this request has come in. The staff is in support of this, as well as the Planning Commission. It might be pointed out there are only two other areas in the City with this type of high density designation, one being where the senior apartments are located over on Cherry Avenue, in addition the vacant area - well, the area between 8th Street and 10th Street between Pennsylvania and Cherry, the entire block. It is'a rather large block, there are some other apartments over on that block also. In addition the area of apartments immediately north of the Bank of America on Beaumont Avenue are also designated high density. There are no other areas in the City. Councilman Hammel: What changed your mind from the medium density to high density. Gary Croft: There really was no change in our mind in terms of staff. We felt there were some areas where it would be proper to add high density residential, and it was my opinion in discussions with Paul Secord of Beland Associates, who prepared the General Plan, that there was some confusion in the discussion because we were talking about a zoning category of R -3 instead of a General Plan category of high density versus medium density. Councilman Hammel: But they did request two years ago to go from low density to medium density, and now they want high density. Now what else do they want. Gary Croft: This was because of the confusion as to what those terms . Councilman Hammel: Who is confused. The City? Gary Croft: The various ones who were involved in making the request initially. It is a difficult thing for - to translate the number of dwelling units per acre to an individual lot, such as these parcels which are 160 deep and 60 feet wide. To translate that from a General Plan category which is based on units per acre can be con- fusing in making requests, so our feeling is that from reviewing the hearings a year ago, and the petition made before the Council by those individuals, that they in fact were requesting the higher density, but they were stating it in incorrect terms and as a result the action taken by the Council was to give them medium density. Councilman Hammel: I mean it is just a shame that in the past we convinced the people to participate in the General Plan. They accepted it. Now these people who live there and accepted it, now they get picked on, more or less, and who kicks them around, we do, because we are changing it again. Now, at least, we should have taken the low density and go to the medium density and keep it that way. Page 3 Gary Croft: That was the action taken a year ago. The General Plan is really - is not a static document. It does not necessarily need to remain permanently fixed over a period of time. And, in fact, the State law permits up to three amendments to that plan per year. This incidentally is the first amendment to that plan in terms of the land use element that we have had. Actually in a year since we adopted the plan. Councilman Shaw: What actually created that movement - the cost - factor of building today, or is it. . . Gary Croft: Partially the cost factor. The developers themselves could answer that better them I. It really goes with . . . Councilman Shaw: In other words what they can do is put a parcel on there that would cost less than if it was a restricted . . . Gary Croft: If it were a more restricted use the normal parcel would permit basically a duplex - some of the larger parcels would permit triplexes or if they owned multiple - they owned two lots - they maybe could get five units. This type of the thing, under the existing medium density. Councilman Hammel: The only thing that will happen in the future - your master plan will be hanging up on the ceiling and you will be looking at it, because once you start it you are going to continue doing this for the rest of the community. Councilman Lowry: Well, inasmuch as this was zoned for R -3 before the General Plan went in, the people when they bought the property bought it under that supposition, I think it is a little bit different than someone coming in with R -1 and wanting to change it. May I ask on this exhibit - this plan - 7th Street goes across right below Chambers and Partain doesn't it? Gary Croft: Yes. Immediately south of them. Councilman Lowry: Wouldn't it have been nice if somebody had taken a black pen and drawn it up before they made these copies so it would show a little more clearly. Gary Croft: This is taken from the assessor records and indicates the status of 7th Street through there that we had indicated during the hearings a couple of weeks ago when we were talking about the circulation element. One of the problems that we had with this particular application for the units themselves is that 7th Street in fact belongs to the School District at this point in time. Councilman Lowry: It still does after the action we took. Gary Croft: No. Once the action was completed by the Council, and that is recorded, then that would take precedence over the School District's claim to that parcel. The staff would not recommend, incidentally, and this was indicated to the applicant, we do not recommend the entire area be designated medium density residential be put into high density. Only selected areas, and not individual parcels. When this request initially came in it was for a single parcel and staff indicated to them at that time this would constitute a spot type of development and would not be desirable for the City's development, and that it would need to include at least an acre of area; and as a result then these parcels came in together. Generally speaking, the areas that would be recommended for high density would be clusters of developments related to the major streets such as 8th Street, the areas, as you move further north, which are not currently developed to apartments in any way, would not normally be recommended. Mayor Thompson: If an applicant had a acre plus of ground in a area similar to this what type of a development could they put on there under high density classification. Gary Croft: They could put in apartments, town house, condominium complex with open space as a single unit if they owned the entire acre. You could put on about 15 -16 units including appropriate open space and parking area. Page 4 Mayor Thompson: On an acre you can put up to sixteen units. Gary Croft: Sixteen units. Mayor Thompson: In your high density type of classification, which was our old R -3. Gary Croft: Right. Actually it works out to about fifteen units on an acre under the old designation which is in the range between 8 and 16 as the General Plan allows. Mayor Thompson: I guess we should ask the other proponent. Larry Partain, 308 E 12th Street: I would like to give the Council a little background. My brother and I bought that lot about six years ago, and we bought it specifically because it was zoned R -3 with the high density otherwise we wouldn't have been interested, and we had a set of plans that we wanted to develop. We did, at that time, about three and one -half years.ago we brought it before the Planning Commission and it was approved by the Planning Commission and, for a variety of reasons at that time, we decided not to pro- ceed with the project. Interest rates were going very high and there were some other factors involved. This year we began to work on our plans again, around January or February, and the first thing we discovered was that the density had been changed so that we could no longer build four units. Last year, when the General Plan was adopted, we were here - I was here at every one of the public hearings and I knew what it meant whenever they wanted to change it from R -3 to R -1. I knew what that meant, and I was down here and if you will check the records I spoke two or three different times stating why I was.opposed to that, and I worked and got several other people involved to come down here and talk. As a result of our being here, and I would imagine others the Council decided to leave it zoned R -3. Now I am not a builder myself and I didn't understand when you said you were going to change the density to five to eight. I really didn't understand what that meant. I was under the.,impression that it meant that the Planning Commission, with a simple variance could reinstate it to eight to sixteen. Had I understood what it meant, I would have spoken up at the time loudly and clearly. But I just didn't understand, and in talking with several people it has become clear to me that many people didn't understand that that was what was involved. So, at any rate, we continued to develop our plans and we initiated this application for the amendment to the General Plan because that is the project that we want to develop on the property. Not being able to develop this project and changing the density - cutting it in half - in effect cuts the value of our property by several thousand dollars. We are asking the Council to approve this because the project we proposed is consistent with the housing that is in the area. There are several plots that are in that area that are apartment buildings. Because the size of our units - there will be 1100 square feet in each unit - two bedroom, two bath - they are town house units, and this type of rental housing isn't readily available in the.area. There is not too many of these kinds of units and it will provide rental housing - more rental housing for the area, and quality housing, plus the building will be a very attractive building, be fully landscaped, and I think it will be a real positive asset to the part of town there. At any rate we are asking the Council to restore the density to what it was when we bought the property, and what it had been for a number of years. Councilman Lowry: On your recommendation from the Planning Commission with their okay if the Council approves this change, a statement that you are to pave the alley because that is your access to parking, is that correct. Mr. Partain: Yes. Councilman Lowry: And you will pave the entire alley, right? Mr. Partain: Yes. Councilman Lowry: and that is . . . Mr. Partain: The entire alley. You mean all the way over to 8th Page 5 Street. Councilman Lowry: No. Just your portion . . . Mr. Partain: Behind our property, sure. Not all the way to 8th Street. Councilman Lowry: Then you are required to put in curb and sidewalks too. That takes out the pepper trees along the . . . Mr. Partain: We have submitted a plot plan and discussed it with the Planning Commission and the Planning Department. We intend to fully landscape the area, put in curbs and gutter, sidewalks -.the units, actually, if you look at them - I don't know, do you have a plot plan in your papers there. Mayor Thompson: Larry, we don't really, particularly consider these particular items. Mr. Partain: Well, I was just going to explain it to you. Councilman Lowry: Well, it would help me make up my mind how to vote. City Manager: You shouldn't say that, because if you voted against it he could have it set aside for that reason. Councilman Lowry: I went out and looked at the property. . . City Manager: Zoning has to be considered zoning per se - nothing else. Isn't that right, Mr. Planner. Gary Croft: Yes. Zoning and General Plans have to stand on their own merit because, theoretically, he could abandon the project he has proposed before the Commission and do anything else within the limits. You have to consider the entire. . . City Manager: What you may want him to do in terms of specifics you do that when it comes to the permit process. Councilman Lowry: Well, the only reason I am asking we have already approved the Planning Commission minutes and so, so I wanted to make sure I understood what . . . Mayor Thompson: We have had City staff and the proponent. Is there any other proponent. We have, then, come to the opponent portion of the hearing. Anyone that is opposed to the request for change in density for the parcel described have anything to say, it is your turn to be heard. Any one that wishes to speak in opposition to the requested change in density for the area between 7th and 8th and Orange and Magnolia. Any one wish to speak in opposition to the request for a density change. Let the record show that no one appeared to speak in opposition to the request. Okay, we are now back to the normal rebuttal by the proponents in case there had been some testimony opposing it, however, I will read these recommendations from the Planning Department. General Plan Amend- ment 1001. Approval of the General Plan Amendment from Medium Density to High Density as shown in Exhibit "A based on the following findings: 1. The proposed amendment would be consistent with the goals and policies of the General Plan. 2. The proposed amendment would be consistent with existing surrounding zoning. 3. The proposed amendment would allow development that would be compatible with existing and proposed area development. Those were the recommendations of the Planning Department. Is there anyone in the audience that has a comment or a feeling on this particular request. If there is no more input either pro or con, on this request for change in density, we will close the public hearing and you have the option of making a decision based on what you have Page 6 Kov E0 0 in your packet and have heard tonight, or you may defer your decision within the prescribed limits of the Ordinance. The Public Hearing was closed at 8:24 P.M. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont concurs with the findings of the Planning Department and evidence indicates there is no significant negative affect on the environment by this action and approves changing the General Plan from Medium Density Residential to High Density Residential on the request by Larry Partain. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: Councilman Hammel. ABSTAIN: None. ABSENT: None. Out of Sequence. PUBLIC HEARING - Fiscal Year 1983 -84 Budget. (Continued from June 23, 1983). The Public Hearing was re- opened at 8:30 P.M. The Mayor requested input from the audience at this time. Dennis Trosper, 1655 E. 6th Street, speaking on behalf of himself and other businessmen in the community, addressed the Council in opposition to the proposed alarm monitoring fee for those hooked up to the alarm system in the Police station. Ms. Pat Renna, 987 E. 14th Street, addressed the Council asking for clarification of what was proposed in establishing an alarm moni- toring fee. Mr. Dick Caffroy, E1 Rancho Motel, addressed the Council in opposi- tion to the proposed alarm monitoring fee. Mr. George Connors, 813 Elm, addressed the Council asking why the City contracted to other engineering firms when they have a City Engineer. The public hearing was continued until the end of the agenda in order that the Council might continue with the balance of the agenda. Consideration of Planning for Development of Wastewater Treatment Plant at Jack Rabbit Trail. (Continued from June 16, 1983). On Motion by Councilman Lowry, second by Councilman Shaw, the City Council of the City of Beaumont authorizes the City Manager to nego- tiate with Willdan Associates and report to Council. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Request.for Authorization to Employ Engineer to Draw Legal Description and Survey Jack Rabbit Trail Wastewater Treatment Plant Site. On Motion by Councilman Lowry, second by Councilman Shaw, the City Council of the City of Beaumont authorizes the City Manager to employ Webb Engineering to draw a legal description on the Jack Rabbit Trail Site with the cost not to exceed $150.00. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: Councilman Hammel. ABSTAIN: None. ABSENT: None. Page 7 12. 13. 14. 15. 16. 17. Adoption of Police Reserve Policy. (Continued from June 16, 1983). On Motion by Councilman Shaw, second by Councilman May, the City Council of the City of Beaumont adopts the policy for the Police Reserves of the City of Beaumont. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Request from Beaumont - Banning Police Department's Youth Club for Fee Exempt Use of Gymnasium. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont grants the use of the gymnasium by the Beaumont - Banning Police Department's Youth Club at no cost, with the stipulation that the scheduling be worked out so that anyone who normally pays rent for the use of the gym will be able to use it with no conflict. On Motion by Mayor Thompson, second by Councilman May, the motion by Councilman Lowry was amended to include that this group shall be responsible for the custodial work required. VOTE TAKEN ON AMENDMENT TO MOTION: AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. VOTE TAKEN ON ORIGINAL MOTION: AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Decision Regarding Fire Hydrant Repairs. On Motion by Councilman Shaw, second by Councilman Lowry, the City Council of the City of Beaumont directs that the City Manager and the Fire Department work together to decide which fire hydrants to repair including not only existing fire hydrants but future fire hydrant problems. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Request of Cherry Valley Sheet Metal to be Relieved from Bid for Construction of Maintenance Building. This agenda item was continued until the regular meeting of July 11, 1983. Request to Resubmit Maintenance Yard Building to Bid. This agenda item was continued until the regular meeting of July 11, 1983. Appointment to Fill Vacancy on Planning Commission. This agenda item was continued until the regular meeting of July 11, 1983. Page 8 18. ORDINANCE NO. 572 - FIRST READING - (Continued from June 13, 1983). Establishing Minimum Property Maintenance Requirements to Control Nuisances. 20. ORDINANCE NO. 573 - FIRST READING - (Continued from June 13, 1983). Providing for the Election of Having Sanitation and Sewer Charges for Each Forthcoming Fiscal Year Collected on the Tax Rolls Together with its General Taxes. Motion by Councilman Lowry, second by Councilman May, to pass Ordinance No. 572 and Ordinance No. 573 at their first readings by title only. AYES: Councilmen May and Lowry. NOES: Councilmen Shaw, Hammel and Mayor Thompson. ABSTAIN: None. ABSENT: None. MOTION FAILED. Ordinance No. 572 and Ordinance No. 573 were continued for their first reading to the regular meeting of July 11, 1983. 19. Request for Consideration of Change in Enforcement Procedures for Compliance with Ordinance No. 490, Section 203. (Continued from June 16, 1983). This agenda item was continued to the regular meeting of July 11, 1983. 21. RESOLUTION NO. 1983 -27 - Pertaining to Traffic Ordinance No. 369 Amending Resolution No. 1972 -17 and 1981 -49 by Adding Sub- Section 26 of 13 -A and Sub- Section 13 and Sub - Section 14 of 13 -B, and Adding Sub - Section 6 of 13 -D to Change and Prescribe Certain Additional No Parking and Commercial Parking Zones to Promote the Public Safety and Welfare. On Motion by Councilman Shaw, second by Councilman Hammel, the City Council of the City of Beaumont adopts Resolution No. 1983 -27. AYES: Councilmen May, NOES: Mayor Thompson. ABSTAIN: None. ABSENT: None. Shaw, Hammel and Lowry. 22. RESOLUTION NO. 1983 -32 - Accepting the Interest in Real Property Conveyed by Sewer Easement. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont adopts Resolution No. 1983 -32. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: Councilman Hammel. ABSTAIN: None. ABSENT: None. 23. RESOLUTION NO. 1983 -33 - To Establish and Maintain a VISA Card Account in the Name of the City of Beaumont with Town and Country Charge. On Motion by Councilman Shaw, second by Councilman May, the City Council of the City of Beaumont denies Resolution No. 1983 -33. RESOLUTION IS NOT ADOPTED. AYES: Councilmen May, Shaw, Hammel and Mayor Thompson. NOES: Councilman Lowry. ABSTAIN: None. ABSENT: None. Page 9 24. 25. 26. SUBMITTAL OF REPORTS FOR FILING: a. Financial Reports for Period Ending May 31, 1983 Were accepted for filing. b. Report of Planning Commission Actions at Special Meeting of June 14, 1983 and Regular Meeting of June 21, 1983 were accepted for filing. ORAL COMMUNICATION: a. Ms. Ann Connors addressed the Council concerning Improved City Management. (Note: Due to a malfunction, there is no tape for the last portion of the meeting therefore no detail can be given in the minutes of the oral communication. b. Mr. A. C. Nedjedly addressed the Council. PUBLIC HEARING - Fiscal Year 1983 -84 Budget - The Council now returned to the public hearing concerning the fiscal year 1983 -84 budget which they originally opened at 8:30 P.M. The Council adjourned to Executive Session regarding personnel at 11.35 P.M. The Council reconvened to Regular Session at 11:59 P.M. Let the record show no action was taken in Executive Session. On Motion by Councilman Hammel, second by Mayor Thompson, the City Council of the City of Beaumont terminates the position of Planning Secretary. AYES: Councilmen May, Shaw, Hammel and Mayor Thompson. NOES: Councilman Lowry. ABSTAIN: None. ABSENT: None. On Motion by Mayor Thompson, second by Councilman Hammel, the City Council of the City of Beaumont adopts the Fiscal Year 1983 -84 Budget as corrected. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. There being no further business to come before the Council the meeting was adjourned at 12:05 P.M. Respectfully submitted, IRENE JO E SW ENEY, CITY CL &K Page 10 AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont requests Martin Mayer to represent the City of Beaumont and all City Personnel /Officials in the law- suit of Castellini vs City of Beaumont, et al., Case No. 83 -5074. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. There being no further business to come before the Council, the meeting was adjourned at 9:58 P.M. Respectfully submitted, A,ew - QLJ_� 5 / �� IRENE JrYVCY S EENEY, CITY CL RK Page 5 BEAUMONT CITY COUNCIL MINUTES OF ADJOURNED MEETING OF JUNE 23, 1983 (Adjourned from June 16, 1983) 1. The Beaumont City Council met in an adjourned meeting at 2:03 P.M., on Thursday, June 23, 1983, in the City Council Chambers, with Mayor Thompson presiding. 2. On Roll Call the following Council Members were present: Lowry, Hammel and Mayor Thompson. Council Member Shaw was excused. Council Member May was absent at roll call, however, arrived at 2:10 P.M. participating in the meeting from that time on. 3. PUBLIC HEARING - 2:00 P.M. - Budget for Fiscal Year 1983 -84. The Public Hearing was opened at 2:05 P.M. At the request of the City Manager, the Council adjourned to an Executive Session at 2:06 P.M. to discuss the use of City personnel as it affects the proposed 1983 -84 budget. The Council reconvened to regular session at 2:20 P.M. Let the record show no action was taken in Executive Session. The Mayor requested that the record show although the newspaper announced this Public Hearing to begin at 3:00 P.M., the legal notice of Public Hearing which was published noticed the meeting for 2:00 P.M., as well as action taken on Agenda Item No. 33 at the meeting of June 13, 1983, set the date of June 23, 1983, at 2:00 P.M., for this Public Hearing regarding the 1983 -84 budget. The Council reviewed the list of suggested areas where possible cuts could be made, and reviewed at length those areas of the budget where they felt adjustments could be made to alleviate the deficit now reflected. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont deletes the following specific items from the 1983 -84 budget to partially alleviate the budget deficit 1. Police Dispatcher Uniform Expense $ 1,980 2. P.E.R.S. Retirement (Unpooling of Miscellaneous Members) 13,000 3. Workers' Compensation Change to JPA 25,000 4. Public Works - 310 -301 - Office 10,000 310 -302 - Lift Bucket 6,000 5. Street Lights - 25% shut down 14,000 with the provision that before the street light shut down is imple- mented a committee of Councilmen will make recommendations as to which street lights will be turned off after July 1, 1983. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Hammel, Lowry and Mayor Thompson. The Mayor asked if there was anyone in the audience who wished to speak to the issue of the 1983 -84 budget. Leroy "Red" Livingston addressed the Council in opposition to con- tracting the Police dispatcher to the Sheriff's Department. Gene Thompson addressed the Council in opposition to contracting with the Sheriff's Office for Police dispatching services. Page 1 Raymond Justus, Deputy Police Chief, addressed the Council recommend- ing the City institute a type of fee for usage of the alarm board in the Police Department, and also a fee for false alarms since the Police Department experiences numerous false alarms taking many manhours to check out. LeRoy "Red" Livingston addressed the Council in opposition to the City charging for burglar alarms. On Motion by Mayor Thompson, second by Councilman Hammel,, the City Council of the City of Beaumont directs that an alarm monitoring fee, to be billed to the alarm company, be instituted, not to ex- ceed $30.00 per month per subscriber, thereby adding $15,000 to the 1983 -84 revenue projection. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Hammel, Lowry and Mayor Thompson. On Motion by Mayor Thompson, second by Councilman May, the City Council of the City of Beaumont directs that the projected revenue be increased as follows: No. 389 Engineering Fees - Inspection & Other $5,000 No. 390 Plan Check Fees - Engineering $5,000 No. 395 Development Review Fees $5,000 No. 714 Plan Check Fees $5,000 AYES: Councilmen May, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. The Public Hearing regarding the 1983 -84 Budget was continued until the regular Council Meeting of June 27, 1983, commencing at 7:30 P.M. in the City Council Chambers. On Motion by Councilman Hammel, second by Councilman May, the meeting was adjourned at 4:55 P.M. Respectfully submitted, Page 2 BEAUMONT CITY COUNCIL MINUTES OF ADJOURNED MEETING OF JUNE 16, 1983 (Adjourned from June 13, 1983) The Beaumont City Council met in an adjourned meeting at 7:30 P.M., on Thursday, June 16, 1983, in the City Council Chambers, with Mayor Thompson presiding, the meeting being a continuation of the agenda of the regular meeting of June 13, 1983. On Roll Call the following Council Members were present: May, Shaw, Lowry and Mayor Thompson. Councilman Hammel was excused due to illness. 16. Appeal by Mr. Robert Orr of City Engineer Decision. The discussion concerning Mr. Orr's appeal continued with questions by Mayor Thompson being answered by the City Engineer. Ms. Lynn Casey Bogh, 9184 Bonita, Cherry Valley, stated she had been asked to read the following information and letter for Mr. Bob Orr and further stated she is not involved in this matter and hold no opinion either way. Ms. Bogh then read from a prepared statement, a copy of which is a part of the record, listing Mr. Orr's grievances. Mayor Thompson indicated an hour and a half had been spent in this discussion, and it was now necessary to continue with the balance of the agenda, and would return to further discussion of Mr. Orr's appeal at the end of the agenda. 17. Consideration of Agreement with the California Division of Forestry/ Riverside County Fire Department for the Management of Hazardous Materials Incidents. On Motion by Councilman Shaw, second by Councilman Lowry, the City Council of the City of Beaumont adopts the Memorandum of Understanding for the Hazardous Materials Incidents with the California Division of Forestry /Riverside County Fire Department within the incorporated limits of the City of Beaumont. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Hammel 18. Consideration of Cooperative Agreement with the City of Banning for Maintenance of Passenger Shelter. On Motion by Councilman Shaw, second by Councilman Lowry, the City Council of the City of Beaumont approves the Cooperative Agreement with the City of Banning for Maintenance of a Bus Passenger Shelter located on Highland Springs Road at the Hospital. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Hammel 19. Decision on Pass Area Rehabilitation Program. On Motion by Councilman Lowry, second by Councilman Shaw, the City Council of the City of Beaumont desire to discontinue the Housing Rehabilitation Program and request the Office of Community Develop- ment and the Board of.Supervisors to reprogram the 7th Year Entitlement Funds to the Cherry Avenue Sewer Project, B82- UCO60507. AYES: Councilmen NOES: None. ABSTAIN: None. ABSENT: Councilman May, Shaw, Lowry and Mayor Thompson. Hammel Page 1 20. Decision on Worker's Compensation Self- Insurance Program. On Motion by Councilman Shaw, second by Councilman May, the City Council of the City of Beaumont authorizes the City Manager to bring a Contract to the June 27 meeting for Council's consideration to join the San Bernardino Public Agencies Self- Insurance System in a Joint Powers Agreement for Worker's Compensation Insurance. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Hammel 21. Consideration of Bids Received for New Photocopy Machine. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont authorizes the purchase of the Sharp 825 from Arid Image Systems, the low bidder, subject to the adoption of the 1983 -84 budget. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Hammel. 22. Recommendation for Settlement - Acquisition of Cherry Avenue Sewer Easement from Donna Brackman. On Motion by Councilman Lowry, second.by Councilman May, the City Council of the City of Beaumont approves the issuance of a non -fee building permit for a garage and a non -fee zone change application to Donna J. Brackman for her use on property at 1301 Cherry Avenue when she has executed a deed in favor of the City of Beaumont for a 20 feet wide easement for sewer purposes as requested by the design engineers. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Hammel. 23. Request for Authorization to Submit Plans and Specifications for the Cherry Avenue Sewer Project to Bid. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont approves the plans and specifications and authorizes the City Engineer and Purchasing Officer to advertise for bids with a bid opening date of July 18, 1983, at 10:00 A.M. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Hammel 24. Recommendation Concerning Installation of Sewer Line in'California Avenue. On Motion by Councilman Shaw, second by Councilman Lowry, the City Council of the City of Beaumont authorizes the City Engineer to pro- ceed with the installation of an 8" sewer line in California Street; the Purchasing Officer be authorized to purchase the material and employ Baldi Bros. Construction Company, or other contractor, which- ever is more reasonable after securing minimum of three proposals, to perform the installation of the sewer line; that the funds be expended from Budget Item 10- 405 -252. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Hammel Page 2 25. Recommendation Concerning Improvement of California Avenue in the Area of Baldi Bros. Construction. On Motion by Councilman May, Council of the City of Beaum in the approximate amount of material for the improvement between 1st and 3rd Streets; 01- 325 -254. second by Councilman Lowry, the City ont approves the expenditure of funds $7,200 for the purchase of A.C. of the east half of California Avenue funds to be charged to Budget Item AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Hammel 26. Request to Select Engineering Firm to Design Pennsylvania Avenue Sewer and Street Work. On Motion by Councilman Lowry, second by Councilman Shaw, the City Council of the City of Beaumont approves entering into a contract with John Egan and Associates for Street and Sewer (Dry Line) Design Plan for Pennsylvania Avenue from 6th Street to the freeway, for technical specs (street and sewer) and utility coordination for the sum of $1,295 with the Mayor authorized to sign the contract on behalf of the City; funds to be allocated $695 from 10- 405 -252 and $600 from 01 -310 -506. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Hammel 27. 6th Street Median Improvements Decision on Median Crossover Design. Motion by Councilman Lowry to adopt the plan on shown on Sheet No. 2 died for lack of a second. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont accepts Alternative as shown on Sheet No. 2 and Sheet No. 4 for Crossover Design of 6th Street Median. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Hammel 28. Consideration of Planning for Development of Wastewater Treatment Plant at Jack Rabbit Trail Site. This agenda item was continued to the regular meeting of June 27, 1983. 29. Adoption of Police Reserve Policy. This agenda item was continued to the regular meeting of June 27, 1983. 30. Request for Budget Adjustment for Postage for Mass Mailing of Business License Renewal Notifications. On Motion by Mayor Thompson, second by Councilman Shaw, the City Council of the City of Beaumont approves budget adjustment for postage for mass mailing of Business License Renewal Notifications from Account No. 01- 220 -251 to Account No. 01- 220 -226. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Hammel 31. Request for Budget Adjustment for Fuel Costs in Sewer Department. On Motion by Mayor Thompson, second by Councilman Shaw, the City Council of the City of Beaumont approves budget adjustment from Account No. 10- 405 -254 to No. 10- 405 -250 for fuel costs in Sewer Department. Page 3 AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Hammel 32. Request for Consideration of Change in Enforcement Procedures for Compliance with Ordinance No. 490, Section 203. This agenda item was continued until the next regular meeting on June 27, to be incorporated with Ordinance No. 572. 34. The report of Planning Commission action at meeting of June 7, 1983 was ordered filed. 35. The Summary Report on past two years City Government functions by the City Council and City Administration was ordered filed. 36. ORAL COMMUNICATION: Ms. Ann Connors read from a prepared statement concerning the length of the agendas, which was filed with the City Clerk for record. Ms. Connors then read from another prepared statement concerning improved city management, and presented a petition to the City Clerk requesting the Council terminate the employment of Norman J. Davis immediately. Mr. Harold Blackaby, 662 Maple Avenue, addressed the Council request- ing Council assistance in resolving a problem with garbage cans behind the apartment houses located in back of the old 4 -K's building. Mr. Blackaby was assured the problem would be taken care of. 5. ORDINANCE NO. 573 - FIRST READING - Providing for Having Sewer Charges for each Forthcoming Fiscal Year Collected on the Tax Rolls together with its General Taxes. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont passes Ordinance No. 573 at its first reading, with corrections made in Section 2, by title only. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Hammel 37. Set Date for Public Hearing on Ordinance No. 573. On Motion by Mayor Thompson, second by Councilman Shaw, the City Council of the City of Beaumont sets the date of July 25, 1983 for Public Hearing on Ordinance No. 573. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Hammel 38. RESOLUTION NO. 1983 -31 - Amending Sewer Disposal Facility Charges Pursuant to Ordinance 416 by Amending Resolution 1978 -27 to Provide for Adding Spa and Health Care Clubs to Section 509, Paragraph (f). On Motion by Councilman Shaw, second by Councilman Lowry, the City Council of the City of Beaumont adopts Resolution No. 1983 -31. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Hammel Page 4 39. Request for Worker's Compensation Appeals Board of the State of California to Make a Finding Pursuant to Section 4851 of the Labor Code. On Motion by Mayor Thompson, second by Councilman Lowry, the City Council of the City of Beaumont requests the Worker's Compensation Appeals Board to determine whether the determination to award the use of "4850" time to former Beaumont Police Officer Raymond Lopez, and the disability in connection therewith, arose out of and in the course of duty. The request for this determination is made pursuant to Section 4851 of the Labor Code of the State of California. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Hammel 16. Discussion continued regarding the appeal filed by Mr. Robert Orr of City Engineer decision. There being no further business to come before the Council, on Motion by Councilman May, second by Councilman Lowry, the meeting was ad- journed at 11:25 P.M. Respectfully submitted, NE 77 SNEEN EY, CITY CLERK Page 5 BEAUMONT CITY COUNCIL MINUTES OF JUNE 13, 1983 The Beaumont City Council met in a regular meeting at 7:33 P.M., on Monday, June 13, 1983, in the City Council Chambers, with Mayor Thompson presiding. The Invocation was given by Reverand I. Grindstaff, Trinity Penacostal Church. The Pledge of Allegiance to the Flag was led by Mayor Thompson. On Roll Call the following Council Members were present: May, Shaw, Lowry and Mayor Thompson: Councilman Hammel was excused due to illness. 1. There being no additions, corrections or deletions, the Minutes of Special Council Meeting of May 19, 1983, Regular Council Meeting of May 23, 1983 and Adjourned Meeting of May 31, 1983, were approved as submitted. 2. There being no objections, the Minutes of Regular Planning Commission meeting of May 17, 1983, were accepted for filing. 3. On Motion by Councilman Shaw, second by Councilman May, warrants as audited per Warrant List of June 13, 1983, in the amount of $109,665.48 and Payrolls of May 19, 1983 and June 2, 1983, in.the amounts of $22,481.29 and $22,738.44 respectively, were approved for payment as audited. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Hammel. 4. ORDINANCE NO. 572 - FIRST READING - Establishing Minimum Property Maintenance Requirements to Control Nuisances. On Motion by Councilman May, second by Councilman Lowry, the first reading of Ordinance No. 572 was continued until the next regular meeting of June 27, 1983. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Hammel. 5. ORDINANCE NO. 573 - FIRST READING - Providing for Having Sewer Charges for Each Forthcoming Fiscal Year Collected on the Tax Rolls Together with its General Taxes. On Motion by Councilman Shaw, second by Councilman May, the first reading of Ordinance No. 573 was continued until the next regular meeting on June 27, 1983. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Hammel. 6. RESOLUTION NO. 1983 -27 - Pertaining to Traffic Ordinance No. 369, Amending Resolution No. 1972 -17 and 1981 -49 by Adding Sub - Section 26 of 13 -A and SubSection 13 of Section 13 -B to Change and Prescribe Certain Additional No Parking and Commercial Parking Zones to Promote the Public Safety and Welfare. Mr. Joe Kovack, Assistant Manager of the Greyhound Bus Station, addressed the Council opposing the proposed resolution changing the curb marking in front of the bus station. Resolution No. 1983 -27 was referred back to the City Manager's office for an additional police report pertaining to any documented acci- dents caused by improper bus parking. Page 1 13. Taken out of Sequence. PUBLIC HEARING - 8:00 P.M. - (Continued from May 23, 1983). Applica- tion by Adelbert Lee Aldrich to Operate a Taxicab Service in the City of Beaumont. The Public Hearing was re- opened at 8:00 P.M. Del Aldrich, Aldrich Enterprises: Mayor, members of the Council, a couple of minor changes in the application, and at this time I would like to give the City Clerk a Certificate of Insurance should the application be approved. No. 1. I would like to make a minor change in the rate schedule. I would like to have the flag drop - or - let me just repeat the rate schedule for you - perhaps it will make it simpler. The flag drop, $1.00 or less. 200 or less for 1/6 mile, or a total of $1.20 a mile. 20( or less per minute wait time, and $1.00 per extra passenger. There will be no other charges, such as handling of baggage or parcels. I have here a stack of documents, I am not sure of the exact count. Preliminarily we had almost 200 signatures. I am not sure that they are all here. Letters indicating support and need and the desire to use our taxi service in the City of Beaumont. Secondly, since May 23, 1983, at our last Public Hearing, in order to address the need in the community, we have received the total of 231 requests for service - that was as of 4:00 this after- noon. There were a few of those that were serviced legally. A large number of these came from K -Mart, in which we told the people that we could not come into the City, and they chose to walk across the street and we picked them up on Ramsey. I would like to give you this document - I am sure that some of you have it - that participate in the Southern California Transit Action Committee. There are some highlights in there about the taxicab, and I think it probably outlines what I tried to say in depth at our last public hearing that the taxi industry has changed - and rapidly changing - over the last few years, and there is a definite need to take a different approach than what has been done traditionally in the past, and I think that article best explains how that could possibly occur, or at least some highlights of it. And along with that I believe if a strong marketing conceptis identified and used, that we can develop a very viable service to the community. Last, and not least - and to make mine brief - I want to do something with the community, and that is why I originally proposed the reduc- tion of taxi rates for senior citizens. I am still open to that concept, and would be willing to work.with the City Council and other areas of the community in order to develop a more meaningful approach for the senior citizens particularly. Thank you. Mayor Thompson: Before you go, Del, I have a question. In reading back through the minutes - the testimony at the last meeting. I thought I highlighted it, but I can't . . . . it says in the City of Banning - Banning has two vehicles for hire with a population of 14,000 people. Is there just Banning Cab and yourself over there? Mr. Aldrich: Yes, there is only two taxicabs - well, there are three - I have two cars and they have one - so there are three now. Mayor Thompson: That would be, basically, three then for 14,000. Basicially three. Mr. Aldrich: Yes. I suppose you would have to use the - if you are going to divide it up along that category - use those figures for comparison - that you would have to use the Banning bus line as competition as well. I did not.pick that approach - and I, quite frankly, don't think that is a viable approach to use in making a decision as to whether or not you are going to have another taxi. Mayor Thompson: You are talking now, in the Banning instance, of a fixed route bus line. Mr. Aldrich: Yes. Mayor Thompson: We don't have a fixed route in Beaumont. Mr. Aldrich: I understand that. Page 2 Councilman Lowry: You will have a third taxi, so there will be four. Mr. Aldrich: Yes sir. I think you have to understand, my third taxi is to be utilized as a back -up taxi, and will not be used unless it is pressed into operation during times we have to take those vehicles down for preventative maintenance, and we found we are out of the City or out of the area a great deal going to Palm Springs, Ontario and Los Angeles - and at that time the third vehicle would be pressed into operation. You might want to take into consideration, Mayor, in addition to the number of vehicles involved, no mention has been made about the huge number of thousands per day of other vehicles that are coming into the community, which are not a part of the standard population. And, quite frankly, my business will be based more on that activity, I believe, than we are talking about permanent residents - and I talked about that before. One little side note - I don't know whether.it is important or not - but going along with the article that you have there from the Southern California Rapid Transit - we will be in- stalling next year a computer system that is basically geared to our towing business, but will interface the same with our taxicab operation. It will plot for us the usage of our vehicles, and in turn we will report back on daily hour day - day of week - and.time of day - for uses of our services. And we plan on having our vehicles in that general area to service that demand for service; i.e., that means reduced costs, driving time, reduced gasoline consumption - and we currently are doing that now in our towing operation because of the volume that we deal with in the different areas and segments of the Pass Area. Councilman Lowry: You state that there are so many out of area vehicles involved - those that are having mechanical troubles that your tow -in trucks pick up, and you have to service the passengers some way or another, is that what you said. Mr. Aldrich: Yes sir. That, and the people that are coming into the community that are off the freeway for the fast food services, the service stations, a tremendous amount of people overall. Councilman Lowry: But they wouldn't affect your taxi service unless they needed a ride somewhere because of difficulty with their vehicle. Mr..Aldrich: I am just saying, that occurs quite frequently, and we service about 50 calls a day in that general area. Councilman May: One more question. You mention that you had some calls the other evening and you had to pick them up by Ramsey. Were those calls from the shopping center employees of K -Mart after 9:00 closing hour - or do you recall at all. Mr. Aldrich: No sir. There was, I believe, eleven calls overall, and those were during the shopping hours during the day, and we had two people walk from the.Elks to Ramsey and Highland Springs. We had, I think, four or five that walked from the Mountain View Motel to that area for us to pick them up. Councilman May: Late night - 11:00. Mr. Aldrich: The ones from the Elks - yes they were like 11:00 and the Mountain View there was one Sunday morning, and a couple of them were in about the 10:00 area in the evening time. Councilman May: Some of these.clerks that work at the K -Mart or Stater Brothers maybe don't have an automobile to return home from work at that time in the evening, and I was wondering if your cab service would be a benefit to them. Some people are having a lot of problems . . . Mr..Aldrich: We have had a significant number of requests for us to provide - what I call a subscription service - and that is the people that are employed both at - in fact the largest number have been at the Deutsch Company, and also at Yates - that we would provide a regular service for them . . . (Tape changed - discussion continues as follows: Page 3 Mr. Aldrich: . . . similar thing applies. Most of our business, actually, has been the Banning people that we have hauled to K -Mart and they prefer to call us for whatever reason for us to take them back to Banning. We did talk to a large number of businesses in town that we felt would be using our business. I intentionally did not ask for their signatures on the letter because I felt it was improper to do so between themselves and myself. There was not one who said the service was not needed. The last thing I wanted to have happen has partly happened, and the application and permit has become a publicized incident which I could do without, quite frankly. I - one comment about the free enterprise system, and.I am going to let it drop at that. I am a small businessman. I have a Beaumont telephone number. I would like to do business over here, and I think it is my constitutional right to do business here, and I would enjoy providing a service for the community. Mayor Thompson: Anything Else? Landy. One final input. Landy Foster, present owner of Beaumont Taxi, 737 Magnolia, Beaumont: I have copies of some signatures. These people have signed - I have never called the Beaumont Taxi and have been unable to get them. And I have a guide here. This is a guide to the signatures of owners or operators of the bars, cocktail lounges, motels, liquor stores, convalescent hospitals and homes. Also, the graveyard emergency room staff at the Pass Memorial Hospital. All have signed except Councilman Hammel and Dick Caffroy of the El Rancho Lounge. I have not asked either. No. 1 is Gloria Agee of the Rusty Lanter. No. 2 is Luiga Renna, Renna's Pizza. No. 3 is Daniel D. Deljarrillac. No. 4 Audrey Jackson, El Rancho Motel. No. 5, Rudolph Garcia, Cash Saver Liquor. No..6, Arlene Geeser, Cash Saver Liquor. No. 7, Betty King, Red Crown Tavern. No. 8 is Ziggy's Spirit Shoppe. No. 9 is Larry Briggs, El Rancho Liquor. No. 10, Joyce Coyle, E1 Rancho Liquor. No. 11, Jimmy Figueroa, Jimmy's Restaurant. No. 12, Charles and Charlotte Lewis, Secretary of the Elks' Lodge and wife. No. 13 is Jagdesh Patel, Golden West Motel. No. 14, John Miller, Glenwood Motel. No. 15, E. M. Coster, Maryland Motel. No. 16, Tom Isgro, Shopping Bag Liquors. No. 17 the managers of Sunny Acres Guest Home. No. 18 Donna Centoni, Rainbow Haven Guest Home. No. 19, the graveyard shift of Pass Memorial Hospital Emergency room. No. 20, Sherry Fragell and Vicky, Beaumont Convalescent Hospital. No. 21, Daisy Roberts and Lucille, Valley View Home of Beaumont. No. 22, Raymond Shaw, Longhorn Tavern. No. 23, Romesh B. Rana, Mountain View Motel. This shows beyond a doubt that the ones in need of taxi service are completely satisfied. I also have around 200 more signatures of satisfied people to submit to the Clerk, and I will read them by name if you want me to. Mayor Thompson: No, that's fine. Councilman Shaw: Have you ever, at any time, reached a point that you couldn't handle the response to the people who call you. Mr. Foster. I have had it so that I have run like the devil and had my wife helping me back years ago. Councilman Shaw: Were you able to accommodate them? Mr. Foster: Well, we did. Certainly. We were the only ones here and we had to. Councilman May: Do you feel that the taxi business has increased in the last five years in Beaumont? Mr. Foster: No. It has decreased about 70 %. Councilman May: Why? Mr. Foster: Because there are Dial -A -Ride buses in here at a reduced rate, and you can't compete with that. So far as direct competition is concerned, it is impossible. Councilman May: Do you get many calls from the shopping center at closing time around 9:00 in the evening. Mr. Foster: Not really, no. Page 4 Councilman May: The clerks that work at K -Mart or any of the other stores. Mr. Foster: Not really. If there is one and they call we go get them. Councilman May: I was just wondering how many calls you have up in that area there. Mr. Foster: Well, I can't tell you . . . Councilman May: How late are you operating now actually. Mr. Foster: We operate 24 hours a day. Councilman May: 24 hours a day. Mr. Foster: The phone is taken right to the bed. Mayor Thompson: Are there any other questions. Judd Inman, 749 Magnolia, Beaumont: I have owned this house for fourteen years. Now you are saying that the people calling can't get home from the Elks Club. I have belonged to them all this time, and we see that they get home because I have taken them home at different times, and we see that they get home. And the next one. Is he lowering all the prices that he says on the cab services and everything. Mr. Aldrich. Mayor Thompson: The applicant? Mr. Inman: How long will he sign a contract to that? Ten Years? Mayor Thompson: If I am not mistaken I think that unless . . . see, a business license is for a year. And the only thing in the ordinance it says on the . . . "in the event the permit hold desires to change his schedule of rates or charges, so forth and so on, he shall first make an application for permission to do so from the City Council, which permission shall be granted if in its discretion the Council sees it is for the public interest." In other words, if he has a rate, he can't change it until such time as he has applied to the Council for the authorization to change the rate. Mr. Inman: Then he would have the right to change at any time if he asked you. Mayor Thompson: Well, if he can justify it. I think we asked Landy the last time he had a rate increase, he justified it so far as operating expenses goes. Mr. Inman: And then on the other hand, in taking it away from one to give it to another just because he is lowering prices. Then he should hold those prices for a period of time - longer than just one year. Mayor Thompson: Well, it doesn't say for one year per se. But the business license is for a year. Mr. Inman: Then they have to renew them? Mayor Thompson: Yes, his business license is renewed every year, but his fee schedule would stand unless he would request a change. Mr. Inman: He has the franchise on that doesn't he, at the present time? Mayor Thompson: It is not really a franchise per se anymore. You can't give an exclusive franchise to anybody any more. Mr. Inman: Because, otherwise, if he is lowering the prices just to gain admission, then he can get it today and raise the prices tomorrow. Mayor Thompson: No. Not quite that soon. Page 5 Mr. Inman: Well, you should set a period of time that he has to hold those prices. Mayor Thompson: You are right. Technically, I think you are correct in that he could have a license as of July 1, for instance, and 30 days later he could apply for a rate increase. Mr. Inman: I don't think that would be very appropriate. Councilman Lowry: He would have to justify it to the Council though. He would have to have a good reason for it. Mr. Inman: Bur then he could turn right around and find something - anything - and have them raised there and then and I don't think that is justifiable. Councilman May: Do you think that Beaumont can stand another taxi franchise. Mr. Inman: Actually, no. Tom Arge, 235 East 6th Street, driver for Beaumont Taxi: We are talking about prices here. The man says he dropped his price on his cab. I will give you an example. I got a little lady up on Magnolia. It costs her $2.00. She has got three kids. She loads her kids up and I take them to the babysitter, and take her on down to the Rusty Lantern to work. It costs her $2.00. With this man's service it would cost her $5.00. $2.00 for the service and one for each each kid. Is that right? $1.00 each passenger. Mayor Thompson: I am figuring. You have how many kids - 3? Yes that would be $5.00 according to the rates that I have here. We have had Mr. Aldrich as a proponent and we have had two opponents. We have had extensive time on the previous Public Hearing, and before we continue any further let me read Section 5 of Ordinance 293. "At the time of setting a hearing for such application the City Council may examine the applicant and determine whether or not the public interest, convenience and necessity require the issuance of a permit. Upon available findings by the City Council it shall order the City Clerk to issue a permit.in accordance with said application subject to the filing and approval of the policy of insurance required hereunder." That was Section 5. From what we have heard, and from the testimony that I have read from our last public hearing, I personally can't document whether this is in the public interest, convenience - convenience, maybe - necessity - question mark. It has been demonstrated for the applicant. I can't really personally do that. Usually on a public hearing, we have the proponent and the opponent, and they have one rebuttal. The proponent has one rebuttal. We have had two opponents, and I.think it might be better - since we are running long tonight - we have a long agenda - if Mr. Aldrich has a rebuttal to the two testimonies - not that I am trying to cut you off - but I am trying to not have any repetitious testimony which, in some instances, we haven't had so far. Mr. Aldrich, do you have any reply to this, and this will be the last one. Mr. Aldrich:. Just briefly. Two remarks. No. 1, in regards to the fees themselves that were reduced tonight, they are consistent with those that were approved in the City of Banning. The cabs are set for those, and I don't want to go back and make any changes on them until the business in set and we know exactly where our expen- ditures are. In regards to the kids, we do not charge for youngsters. It is not geared to that. No reference was.made to it. There is a clear cut demonstration of need. I have given you documentation of people that have called for the service, and people that want to use the service, and I believe that I am entitled to serve them. Mayor Thompson: Okay. We have heard both pro and con on the.appli cation. We have spent an extensive period of time at the previous meeting, and at least another half an hour tonight. Does any member of the Council have a question of either the proponent or opponent? Councilman May: Do you think we should carry this over Councilman Lowry: Until Hammel is here? Page 6 14. Mayor Thompson: We are going to close this public hearing. You have read the testimony from the previous hearing, and much of it is repetitious, and if you wish you may make a determination tonight or you may carry it over - whichever you prefer. The Public Hearing is closed at 8:30 P.M. Do you want to carry it over so that Mr. Hammel can vote, or what do you want to do with it. Motion by Councilman Lowry, second by Councilman May, to hold the decision until the next regularly scheduled meeting. AYES: Councilmen May and Lowry NOES: Councilman Shaw and Mayor Thompson. ABSTAIN: None. ABSENT: Councilman Hammel. MOTION FAILED. Motion by Councilman Lowry to approve Mr. Aldrich's application for a taxi service in the City of Beaumont as submitted failed for lack of a second. On Motion by Councilman Shaw, second by Mayor Thompson, the City Council of the City of Beaumont denies application by Aldrich Enterprises to operate a taxi service in the City of Beaumont. AYES: Councilman Shaw and Mayor Thompson. NOES: Councilman Lowry. ABSTAIN: Councilman May. ABSENT: Councilman Hammel. MOTION CARRIED. PUBLIC HEARING - 8:00 P.M. - Amendment of Circulation Element of General Plan. The Public Hearing was opened at 8:39 P.M. Gary Croft, Chief Planner, City of Beaumont: There are three portions to this particular amendment to the circulation element. The first portion, which is the map, exhibit and the list of streets which you have received, is simply to designate the appropriate size of streets. All of these streets currently exist on the circulation element of the City, with the exception of those in the unincor- porated area belonging to the Deutsch project, and those are in conformance with the proposed specific plan, which they have allowed the City to review. The balance of the streets - largely - are already in existence, and this would simply designate those streets by the design size so that when projects are developed, the proper design can be given to those streets and the uniform circulation pattern throughout the City can be developed. The second portion of the amendment is to recognize the statement as prepared by the previous City Engineer relative to the action taken by the Board of Supervisors in 1940 regarding vacation of the streets which were in the City. That statement recognizes that the Board of Supervisors had no legal jurisdiction within the City and that those - and therefore the vacation of those streets would be invalid within the. City. And then, finally, the third item is the specific plan approval for Beaumont Avenue northerly.of 14th Street in order to preserve the existing deodor cedar and provide for a divided circulation northerly in conformance with the plan which had previously been adopted by the County. Mayor Thompson: This will give you an idea of what we are talking about on our street circulation element. Gary Croft: This shows the entire pattern of streets. As I take the overlays off it will be clear how the development of street patterns that exist. The initial pattern is for the primary street pattern which includes the arterial streets which are 110' design width, These include Highland Springs Avenue, 14th Street and westward which is along the southern City boundaries. In addition, connecting into those are certain major streets, which are 100' width, primarily Beaumont Avenue through the central portion of the City and southerly Page 7 of First Street, and 6th Street between Illinois and the westerly terminus at the freeway. In addition there is certain special design streets which, because of medians or other considerations, are larger than the standard pattern. These include, of course, the freeways which pass through the City, Palm Avenue, which has the divided median. Beaumont Avenue northerly of 14th which I just addressed as adopting a specific plan alignment, and then 6th Street easterly of Illinois, as well as Beaumont Avenue between 5th Street and 1st Street where we have the proposed design for the overpass over the railroad. Councilman Lowry: How wide will that be - 1001? Gary Croft: These are special design and they vary depending on the requirement. Councilman Lowry: In other words, they are not arterial . . . Gary Croft: No. Generally they are designed to either major or arterial widths. Councilman Lowry: I was concerned about Beaumont Avenue because that has so much traffic I thought it should surely be 110' at the very minimum. Gary Croft: Yes. The design width of that will be basically con- sistent throughout. The reason it is special designed is because since it will be elevated there will be additional right -of -way required on the sides in order to handle the kind of a causeway arrangement. Councilman Lowry: What is our City limit now. Is it 1st Street or is it down there where Westward Avenue is. Gary Croft: It is down there where Westward Avenue is. Councilman Lowry: Shouldn't that continue to Westward Avenue then for special design. Gary Croft: The design itself actually ends at lst Street, and then we can pick up the design from lst Street on southerly. Councilman Lowry: You will pick it up when - at some future date you mean - and redesign it - if it is wider in that section will it then remain at the present width or be widened at a future date? Gary Croft: No, that is where it would return to its present width. In other words where the slope of the elevated portion daylight out would be at 1st Street and therefore there is no additional right -of- way required southerly of 1st Street. Councilman Lowry: Isn't that just two lanes wide there now? Gary Croft: Yes, the paved portion. However, the right -of -way re- quirement in the County is also 100' in their circulation element. Councilman Lowry: 100' in the County. I see. Gary Croft: This would complement that. Councilman Lowry: If they would change theirs and widen it, would we then change ours too in the future. Gary Croft: Probably. It is best to coordinate between two agencies so that there is not a hazard - a safety hazard - when two streets intersect. The other item on this particular portion of the element, are the proposed on and off ramps at Pennsylvania on the westerly side, and then the westerly end of 6th Street. The next pattern to fall into place would be what is called the secondary - the 88'. Councilman Lowry: Excuse me. On Pennsylvania - on the on ramp - you only mention one on the westerly. Aren't we going to include an easterly. Gary Croft: An easterly off ramp and a westerly on ramp. But they Page 8 are on the west side of Pennsylvania. I didn't make that clear. Again there would be the same thing on the west end of the City at 6th Street. There would be an easterly on ramp and a westerly off ramp. One other major street is noted, by the way. Over on the western addition of the City, the County currently calls this Pearl Street, and we are recommending that that be changed because we already have a Pearl Street within the City. This, again, lines up with their proposed through street, and it would connect from Westward across Highway 60 up to San Timoteo Canyon Road, and provide through circulation from Interstate 10 into the newly annexed areas to the City which will develop into a rather dense urban area. In the secondary streets, these are designed to carry major traffic loads through the City. Beginning on the north we have Brookside which is designed for that, and as the new tracts that we are in the process of approving will be constructed to that width. We then have Cougar Way, 11th Street, 8th Street and then 1st Street. And then 4th Street westerly of California. In addition, north to south routes, we.have what would be extensions of Xenia, Pennsylvania and shifting over to Cherry, south of the Mobile Home Park, California northerly to 8th Street, Viele tying in 6th Street in with 4th Street, a street which would be in the Ring Ranch area, assuming in 20 -30 years they were to develop, that would provide the circulation for such development should it occur in that area. Then a road which we termed in your list as Dowling running just west of Dowling's fruit stand there, and then one at the existing western edge of the City, prior to the new annexation which is in process. The rest of the pattern is taken up with 66` collectors, which are designed to be the primary carriers of traffic in commercial and dense residential areas, and tie the rest of the pattern together. These include, coming from the south, lst Street, Frontage Road along Highway 60, 13th Street, a street parallel to the Edison right -of- way, and then various streets in what is the Deutsch's proposed annexation. The north -south streets include one running northerly west of the existing K- Mart /Stater Bros. center. One approximately at the location of American . . .Michigan Avenue, then Orange southerly to 14th, then Edgar northerly of 11th, and then Elm. In addition, a secondary to run down to the top of the mesa that lies between Noble Creek and Marshall Creek. Basically the only streets which are added which are not on the existing circulation element, are those found in the Deutsch area. Those found in the properties which are not in the City on the southeast corner of the City, and the ones on the Ring Ranch, and in the northwesterly sides of the City which are not currently annexed. The others appear on the circu- lation element portion of the General Plan which you adopted a year ago. And, also, for the most part appear on the County circulation element which they have adopted twenty -one years ago, and also on the circulation element which the City adopted approximately twenty years ago. Mayor Thompson: Basically which is the overall purpose of the circu- lation element of the General Plan. I have an idea, but I think . Gary Croft: The overall purpose of the circulation element is to provide for adequate streets, to provide for efficient getting around the City, provide for proper safety and proper design anticipating future growth and development within the City. Certainly, if the City weren't to grow the existing street pattern, with some minor changes, would be adequate. But with the assumption that the City will grow, the traffic will intensify and we will need these additional routes which provide greater efficiency and safety. I might point out, virtually all the existing streets in the City have an 80' right -of- way. And one of the things this will do will allow these existing streets, which have the 80' right -of -way, at some future time for the City to consider possibly reducing the right -of -way in those areas where it is not necessary. Mayor Thompson: Now part of the circulation element, I think you mentioned, is north of 14th on Beaumont Avenue in conformance with the County plan. Would you tell people what we are talking about there. Gary Croft: Yes. Northerly of 14th Street the County,.approximately 12 -14 years ago, adopted a specific plan for Beaumont Avenue running from 14th Street, I believe, northerly to Oak Glen - Cherry Valley Page 9 Boulevard, where it would be a double barrelled divided road with the existing deodor cedar paralleling the northern traffic, and then a dual lane coming southerly to the west of.the existing westerly deodor cedar row. And it would also envision then another row of cedar being planted to the west, which would allow a rather picturesque drive through that portion of the City, and also into Cherry Valley, similar to what you find with Victoria Avenue in Riverside and some other cities. (Tape changed. Discussion continues as follows:) Councilman Lowry: . . . . is that what you are proposing now in this . . . Gary Croft: Yes that would be a portion of this adoption. I might point out this does not require any additional right -of -way off of the easterly side . . . Councilman Lowry: In our discussions with AB -KOV I seem to remember that we talked about having Beaumont Avenue remain as it is with the deodors, and having service roads each side. AB -KOV would have a service road, and what would be on the western side, if it ever came into the City, would have a service road. Mayor Thompson: Kind of like frontage roads. Gary Croft: Okay. That is included in that design. Councilman Lowry: Well then we get wider and wider if we are going to have a full width going north that we have now, and the deodors and another full width of deodors and then service roads, that thing gets tremendous. City Manager Davis: Well, Councilman Lowry, that really isn't full width unless you remove the trees, you cannot expand that road any further. This is what the County determined at the time this was done. The maximum you can develop in that without whacking away at trees is two lanes, and you are going to have to have two lanes in both directions, so, in order to get the other two lanes you are going to have to put them to the westerly side of the . . . Councilman Lowry: If you trimmed the lower branches of those trees wouldn't you have the same thing that you have on Beaumont down below 14th Street. City Manager Davis: If you had been a Supervisor in those days, and heard the people in Cherry Valley screaming about touching any piece or twig on one of those trees, you will know why it was done. Councilman Lowry: They are not in Cherry Valley now, though, are they? City Manager Davis: No, but it could happen here too. Councilman Lowry: When I mentioned about the deodors out on the 6th Street median there, you said look at Beaumont Avenue at 11th and you can see how the trees are trimmed up and it works out very well. I went out and looked it. It looks to me like the same things could be done on Beaumont north of 14th. City Manager Davis: You can do anything you please but the pattern has been set in much of the area, so I think there would be some wisdom in maintaining it, but that is up to you gentlemen. Gary Croft: Let me quickly illustrate with this paper drawing. The existing right -of -way for Beaumont Avenue northerly of 14th is 100' right -of -way. That takes it approximately to this location and this location. It is sufficient for the trees and for the existing road- way. However, if 14th were to be developed then as a major road, that is with four lanes and a turn lane in the middle, that would then put the new curbs at this location, which would be only approximately three feet from the trunks of the existing cedar, and that likewise would do the same on the other side, which would effectively kill those cedars. In other words, you would have to shear those trees up. Page 10 Councilman Lowry: The same thing we have at Beaumont and 11th. Exactly. You had better look at it. Gary Croft: That is right. Southerly of 14th you have a 1001, but these trees, by their location, would be taken out if, in fact, you were to allow this. The proposed . . . Councilman Lowry: No, they wouldn't have to be. Why would they have to be taken out. Gary Croft: It would destroy the trees. Councilman Lowry: Why do you say that. Gary Croft: Because it would dig up the roots entirely on one side of the tree by putting in the curb and gutter and the paving. Because there is only three foot on the edge of the trunk . . . Councilman Lowry: You mean that all the roots are just under the surface. I don't believe that. They have got tap roots that go down pretty good. Gary Croft: But you would be shearing the branches off right against the tree. Councilman Lowry: Well, that is what they did on Beaumont at 11th up to 12th. Exactly what I kicked about. I said deodors in the median were too big a tree to go in there, and I was told, no, we can cut them off up 14 feet. Go look at them between 11th and 12th on Beau- mont - and I looked. Okay, it is working, and it will work here too. It is the same thing exactly. Mayor Thompson: This circulation element is a necessary part of the General Plan. And, these amendments to this circulation element are to recognize potential of new streets in areas that have not been considered before. Gary Croft: That is correct. The pattern of development that we have had in the past in the City has been, for example, in the area north of 14th which has recently been annexed within the last two years, the pattern of development has been that we have the super blocks approximately 2/3 of a square mile where we have ignored putting streets through the blocks, and development has attempted to occur on the periphery, effectively killing off the development in the middle. And this is the type of pattern that frequently develops when you don't have a circulation element that new development will conform to. Councilman Lowry: My objection to this is I don't see why you need such a tremendous wide street from there up to Cherry Valley because I don't see how you are going to get that much flow of traffic in the future because you get above Cherry Valley Boulevard the street widths already established, and there are businesses and buildings all along there, which more or less restricts the width of that street, so why have from 14th to Brookside this tremendous wide street and then - boom - you come back to . . . Gary Croft: In fact the County as new development occurs northerly of Brookside has required additional dedication and the portions of curb and gutter can be placed could be placed in the locations conforming with this specific plan. Councilman Lowry: How wide overall is this going to be, about 200 and some feet isn't it? Gary Croft: No, it is approximately 1401. Councilman Lowry: How can you accomplish that if most of the street going up north is within the 100' right -of -way now - and the deodors remain. Gary Croft: That will - that existing right -of -way runs this entire portion already. Councilman Lowry: That is 1001. Now you add 40' Page 11 Gary Croft: It will only require an additional 40' approximately on the other side, to get the full . . . Councilman Lowry: Full two lanes over on that side, plus the curb and gutter. Gary Croft: Yes. Councilman Lowry: I don't believe it. Gary Croft: I might comment that the property owner to the west, who is not in the City, has indicated his interest in dedicating and planting those trees, and building that street. Councilman Lowry: Well, how wide will the pavement be Gary Croft: It will all be on his property. Councilman Lowry: Yes, but how wide will it be - you have only got 40' additional, and you are fixed by the row of deodors that is going to be in the center . . . Gary Croft: The pavement will be on the west side of the westerly row of deodors approximately the same width as the existing paved portion which you see. It will be a two lane. The difference being it will have curb and gutter on both sides of the travel lanes. Councilman Lowry: And you are going to accomplish all that in an additional 401. Trees, curb and gutter, sidewalks, the whole bit. May be, but I can't see it from where I am sitting. Mayor Thompson: On one of the items in this circulation element that we are talking about, is to adopt a statement that the action taken by the Riverside County Board of Supervisors to vacate certain streets now within the City of Beaumont shown on Instrument No. 1895, and officially was recorded in Riverside County in 1940. Is the one we have all the problems with on the south side of town. Gary Croft: Yes it is. It is also, I would like to point out, exist- ing 7th Street, which is just northerly of-Summit School, does not exist on our street pattern, and yet we have been using the street for a number of years. Approximately 53 years as best we can estimate. It also vacates much of 7th Street, 8th Street and 9th Street from the circulation element even though we are using them. That action vacated those streets. Mayor Thompson: Okay. What is the net of the action - when we adopt a statement that says the action taken by vacating certain streets be held to be invalid by the City of Beaumont. What is the net result of that. Gary Croft: The net result is that the street pattern.that the City has built, and that we recognize from the original surveys, is con- sidered the valid street pattern, and then - except for those streets which the Council has.vacated - subsequent to incorporation, and in addition, it also provides an opportunity for the City to re- examine which streets should properly be included for future development and which streets.could properly be deleted. The staff and the Planning Commission have reviewed at some length in the past various streets which they feel could be deleted, but other streets which they feel should be kept within the pattern. Most of these do lie southerly of 4th Street - southerly of 5th Street actually, because 4th Street is one of the streets involved. Councilman Lowry: If I can get back - maybe one question will answer the question on my mind. Do you know the distance between the deodors now, center to center of the trunks. Gary Croft: And the pavement? Councilman Lowry: No, the deodors themselves. What is that dimension. Maybe - farther west of them than I am thinking about. Gary Croft: I would estimate 60 to 70 feet, from center trunk to center trunk. Page 12 Councilman Lowry: Center trunk - and then on the easterly side how far is it to the - about 10 feet. Gary Croft: Ten to fifteen feet. Councilman Lowry: Ten feet, that is eighty feet out of one hundred, okay. That is 20, 40, 60. I still don't see how you are going to get in there, but that is up to the engineer to decide, I guess. I think there will have to be some revisions made somehow or other. Gary Croft: I have a question. Did you get the exhibit showing the specific plan. The exhibits on the specific plan showing the right - of -way northerly of 14th. Those should have been included in your packet. Councilman Lowry: An elevation view you mean. Gary Croft: There was an elevation view, and also a . . . Councilman Lowry: I never seen one. Gary Croft: . . . right -of -way deal. They were to be included in your exhibits. That may be where some of the questions could be answered. Mayor Thompson: Basically what we are talking about tonight on this circulation element is the update - the amendments that update the General Plan. Gary Croft: That is correct. Mayor Thompson: Do you have anything else on this, Gary? Gary Croft: No. Mayor Thompson: You have pretty well covered the basic grid pattern, the proposed new streets, and this one is the new streets with varied width - right? Gary Croft: I might make one additional comment, and that is this is a General Plan, and that is the exact alignment of the streets in the undeveloped portion is not precisely identified, but is only approxi- mate, and they simply have to . . . Mayor Thompson: In other words, it is an idea . . . Gary Croft: They could shift 50 or 100 feet either way. Mayor Thompson: On open land, to put in something, a development or something, the proposal here showing a proposed street would indicate they would have to be cognizant of that fact that that street is pro- posed to go through in that particular area. In other words the Planning Department will not let them build over a proposed right -of- way - street right -of -way. Gary Croft: That in correct. Without providing, in other words, for example on the Deutsch property, this is the general.pattern they have shown us, and we are proposing that be adopted, however, suppose their extension of 14th, rather than connecting here, they decide they would prefer it to tie down closer to the hospital, for example. As long as their pattern of getting from one place to another and joining up with the continuation into the City of Banning or into the unincorporated area of the County - that would be an acceptable modification and would not require a new amendment to the plan. Mayor Thompson: Is there anything else you have to bring up. Gary Croft: No. Mayor Thompson: Is there anyone in the audience that . . . Larry you had your hand up first. Larry Gordon, 1284 Pennsylvania: Am I correct . . . this is Pennsylvania, is that correct. And this is a proposed of the street. Is there anything in this plan so far as traffic control is concerned? This is simply an alignment of streets in some distant future as I Page 13 understand it. Well Pennsylvania Avenue is already at 60 miles an hour at my corner, and I am only a block and a half south of 14th Street, and if we don't do something about letting them come off of Cherry and getting a running start, they will be doing 80 when they get to my house. City Manager: As of the next Council meeting there will be radar report to the Council when the Council adopts the recommendation radar will be used on there at 35 miles an hour. Larry Gordon: Well, if we go 35 they will be going 70, because it is 25 and they go 60 now. Why can't we enforce the speed limit that that is posted now, without giving them any further advantage. City Manager: State law mandates that you set a speed limit that is reasonable based upon the speed that the average flow of traffic is achieving. Larry Gordon: Well the average flow is 60 because no body keeps them any lower than that. City Manager: That was not determined by the study. Larry Gordon: Yes, I know. I talked to some of the gentlemen about it. Anyway, it appears that - is that.coming down about the middle of the 13 -1400 block there on that converging. Okay, thank you. Irish Mitchell, 402 E. 6th Street:. On the newer streets that are pro- posed, has the property owners been noticed. Gary Croft: The entire City has been noticed. Irish Mitchell: But no particular property owners has had a specific notice, is that correct. Gary Croft: That is correct. The requirement is that if more than 1000 people are involved, the entire City is noticed and not individuals. Irish Mitchell: I understand that, I merely - because of the few streets, I thought maybe they had been given the courtesy. Mayor Thompson: Are there any other questions. Bill Williams, 1235 Wellwood: I own the property on the south side of 3rd Street between California and Beaumont Avenue. I am concerned about the street - the abandoned street in that industrial area. For instance, Edgar - these streets between 3rd and the railroad,- Edgar, Euclid,.Magnolia, and I believe it is Orange, Maple, etc., over to Pennsylvania. Now if those streets are reinstated, it is not going to do anyone any good because I know the property owners there are proposing some day to put some kind of an industry in there. I just want to know, are those streets going to be reinstated by this reso- lution, or are you going to study those and abandon them the way they are now. Mayor Thompson: I can't give you a definitive answer, Bill, but in certain instances, the City since, what, 1940 have abandoned certain streets on their own, exclusive of the Riverside County in 1895, recorded in 1940. In some instances it legitimized the County action, and in certain other instances it supplemented or increased the County action on certain items. Now this has been over the last forty years and I can't tell you which ones they are. Bill Williams: I can't see any reason for reinstating those streets in an industrial area because most of that property is in.one or two ownerships, and they do want to build, which would cover those streets. Also, I notice you show 3rd Street going through Beaumont Avenue. Now I understand the State, when they put in the overpass is going to put a culvert back there at 3rd Street, and they will open up Euclid on the west and Magnolia on the east from 3rd to 1st. Is that still the way it is going to be? Gary Croft: Staff is recommending that 3rd Street indeed go through, Page 14 and that the bridge over the railroad track be extended - go over - and that is incorporated in this particular amendment. I might comment about the streets in the industrial area. This only relates to those streets which are considered collector and larger, and not to the local streets - the local streets are exempt in that resolution, and the staff have spent many hours reviewing the deletion of many of those. I might point out, most of the building which have been built in the industrial area have recognized those right -of -ways, because they are easements - were reserved - but, in fact, many of them should be abandoned, and both the staff and the Commission recognized that. Bill Williams: I know. When I built there in 174 I dedicated to the City 40 feet off the back of my property for 2nd Street, which makes sense. Mayor Thompson: Any other comments. Tom Shelton, 11622 Seacrest Drive, Garden Grove: I am the owner of what was originally a 40 acres parcel located at the southeast corner of Cougar Way and Beaumont Avenue. I am strongly impacted by.this plan for Beaumont Avenue, and for prior adoption. Just to give you a short synopsis of the way it affects the 40 acre site that I have. Originally it was 40 acres. The entire width of Beaumont Avenue has been taken entirely off this 40 acres. It is all on the east side of the quarter section line. That represented about 4.7 acres. The Edison right -of -way takes off about 6 acres. Marshall Creek itself, I understand all of these things were existing prior to my acquiring the property. I concede that point. To the back of Marshall Creek we have been required a setback an additional 50 feet, that impacts about 150 feet of right -of -way, which traverses the property from one corner to the other, and cuts it into two big triangles. This represents about 6 acres. Proposed Orange Avenue takes about 2.7 acres. The east /west street along the south, providing if it is not entirely placed on the Edison right -of -way, would take another 2 acres. And ,I am a little confused yet with the proposed widening of Beaumont Avenue, but if you did widen it from 110 to 170, it would take off an additional 30 feet off of our side, which is another eight tenths of an acre. So what started as 40 acres, has dropped from 35.3 to 23.3 to 17.8 acres. Councilman Lowry: I don't believe that Beaumont Avenue would affect your property since you are on the east side of Beaumont, and it is going westerly according to Gary. Tom Shelton: I see, well then I am down to 18.6. I strongly object to the placement of Orange Avenue on this site. Originally the County had a street going through here, and that may be that blue streak there - the one to the east - right there. They had one street going through this area. Whenever the property north of Cougar Way - this property here (at this point Mr. Shelton moves away from the microphone and his comments are unintelligible) . at that time I became concerned and I came to the City and asked them what impact that would have on my site there, and they said you needn't be con- cerned. We are not going to be locating any streets on your property. It will be entirely over to the east where it was indicated on the original County plan. And I said what about a dogleg there, and they said that is alright, but there will be a change in alignment. Now that was what I was advised at that time. The other impact of Orange Avenue here is that it would require, in order to maintain this alignment, would be on this 40 acres, it would require an additional street crossing and major flood control culvert for Marshall Creek. We are talking about several hundred thousand dollars. If it was placed to the east that culvert would not be required.. There is only one thing I would like to mention at this point. I have lived in the same house in Garden Grove for some 23 or 25 years, and I have had occasion to examine to myself why I like our neighborhood and what was good about it. Now the homes are 25 to 30 years.old. Those were the ones that were built in a tremendous surge of development that Orange County has been experiencing for a great length of time, and one of the reasons, I believe, is in a whole square mile, there is one highway that traverses it. All the streets have developed with short, and no long blocks that can act as a collector street and be a diversion for somebody to go racing down the street to get from one area to another. So generally the traffic is lower, and it is confined to the local streets. People who come into that square mile Page 15 have a purpose in going in there, because it is a devious street pattern too. But yet if you want to traverse from that locality to another part of the County, you can exit out onto a perimeter street with no problem. The growth has been orderly. It was done with an examination of the tracts as they were.recorded, and my feeling gentlemen, in listening is that you have too many streets. The longer they are, the more traffic you have got to collect - the gentleman that has complained here about the speeding on his street, I don't know where the gentleman lives, but I will tell you it is on a long street. But comparing (Mr. Shelton moves away from the microphone again, and with the background noise is again unintelligible) . . . and perhaps that street is needed, but Orange Avenue, in my opinion, is not needed. I have proposed, and submitted plans for a mobile home park, and one of the things about a mobile home park is the people in there don't need outside traffic going through their park. Because so far as the privacy that they attempt to achieve in buying in a park. So another reason I think Orange should not be placed on there. I think that that is about all I have, unless you have some questions. Thank you gentlemen. Mayor Thompson: Does anybody else have any comments on the proposal. The Circulation Element. Has this proposal been acted on at the Planning Commission and the Planning Department. Gary Croft: Yes, the recommendation of the Planning Department with modifications done at.the Planning Commission, and as you see it in the maps which you have, is a reflection of the recommendation of the Planning Commission. Mayor Thompson: Would you like to mention the gentleman's question about Orange Street and Michigan. Gary Croft: First of all, Michigan would not run through the high school but along the westerly edge of the high school, and is designed to connect up with Noble Street north of Brookside. It would simply run along that alignment. It is an exact location. The other is an extension of Palm up as far as Cougar Way. Orange Street, the reason it takes the jog it does is because of the location of Marshall Creek which approximately runs through here. This is why the jog to the north of Cougar Way, and then it begins and continues along to the west. We have just recently approved a tract at this location recognizing this 88 foot right -of -way. We are in the process, in fact it is on the Commission agenda a week from tomorrow, for a tract at this location, which also recognizes this 88 foot right -of -way, which will extend on to the south, and is proposed to be the extension of Orange. I might comment the County circulation element which he is referring to does in fact show a street at this location which was downgraded to a collector and they deleted all collectors from the circulation element, the same as we delete all local streets from the primary circulation element. It still does not mean the streets have disappeared or that they won't be built, it simply means that they are a lower class of road in terms of carrying a volume of traffic. Councilman Lowry: Is that dogleg on Orange - does it.by -pass the creek, Marshall Creek, in such a way there will not be a culvert required there. Gary Croft: There would be, yes, a culvert required at this location, the same as on Michigan, there would be a culvert required at this location - the same as Beaumont Avenue, there is one required here, one at 14th required here. They all currently dip through Marshall Creek with a small culvert - possibly with redesign it would be elevated somewhat. Councilman Lowry: But that dogleg has no affect on whether you need a culvert or not then. Gary Croft: The reason for the dogleg was that Marshall Creek exited right at this point - where it went under Cougar Way. Councilman Lowry: And there is a culvert there. Gary Croft: There is an existing culvert on Cougar Way. As to his comment about dedication of Marshall Creek right -of -way, that has Page 16 not been required by the City. There are various options. He has chosen to eat up land versus narrowing the channel to accommodate the flow of water, and that is his choice to use land versus con- struction. That is not an imposition of the City. Mayor Thompson: Are there any other questions. Okay, the Public Hearing is basically to determine that the proposal is in conformance with the needs of the City to promote orderly, efficient and economi- cal movement of traffic, and there is no adverse environmental impact created by this adoption, and it is proposed alignments, right -of -way and design standards of existing proposed streets and highways. Before we close the Public Hearing is there any other input. Any person who would like to submit input. The Public Hearing was closed at 9:30 P.M. The Council will exercise the option under the Ordinance to render a decision on the amendments to the Circulation within forty days, or no later than July 23, 1983. 15. HEARING ON APPEAL - 8:00 P.M. - Appeal of Ruling of the City of Beaumont License Control Officer filed by Mr. Floyd Hamner. The Hearing on Appeal was opened at 9:33 P.M. Edison P. McDaniels, Attorney at Law, 1566 No. D Street, San Bernardino, California, representing Mr. Floyd Hamner, the appellant: I am the attorney of record for Mr. Floyd Hamner, who is standing on my right and is the appellant in this matter. If I might be heard very briefly, first of all I don't think we are really concerned about the techni- cal matters. Let me explain to you what our problem is. Mr. Hamner is an elderly man and back in February he came down with a very serious ailment and he had to have an operation on an artery in his neck. Now Mr. Hamner owns a number of automobiles. They are very expensive automobiles, they are antiques as a matter of fact. The City Officer who went out to his property observed some vehicles on the property and then he just said that they were all inoperative, wrecked or dismantled, and they came within this Section 22660. The only problem with that is that Mr. Hamner had no vehicles that are wrecked, dis- mantled or that are inoperative. The City of Beaumont has failed, or refused, so far, to give us the list of vehicles which they determine are wrecked, or dismantled on his property. That is what we want. When I came down to the informal hearing with your Hearing Officer, I took a bunch of pictures to see if I could get him to determine for us which of these vehicles he thought were dismantled or inoperative, or were wrecked. Among those vehicles, the pictures that I took, were a 1966 Chrysler, a 1964 Willis Station Wagon, the back of a flexible house, or a trailer , a 1964 Datsun, a 1967 Chrysler, a 1966 Chrysler, a 1967 Chrysler, and there were some other automobiles. There were three vehicles on that.property which we admitted were not belonging to Mr. Hamner, and I advised the Hearing Officer that if he would send me a list of what he thought were the vehicles that were unlicensed, that were dismantled, then maybe we would give him written authority to do that. He concluded that all these vehicles, and I. will show you pictures if you want, these vehicles are all operative, and Mr. Hamner is standing here, he can respond to.you with all the pink slips, with the current registrations of the vehicles, that he has, and these are very valuable vehicles that he is restoring. In order for them to be he would have to be notified as to which vehicles you are talking about so that he can properly respond.. The failure to properly notify him, I think, makes this hearing very subject to be overturned in any Court of Law. Especially in such case as Minell vs Construction Services and Orange vs the.City of Independence, where the United States Supreme Court said that even a City has to give due process when it comes to a hearing, and the only thing that we want from this City of Beaumont is a list of vehicles that they claim are dismantled, or that are inoperative, or that are wrecked, so that we can properly respond. I think that is a very reasonable request. Mayor Thompson: What was the other - inoperative, dismantled or . . Mr. McDaniels: To use the words of Section 22660, it says that the property has to be either abandoned, wrecked, dismantled or inoperative vehicles. Even so, Section 22710 of Subdivision B of the California Page 17 Vehicle Code, which incidentally gives the City the right to do the same thing as the California Highway Patrol does, othern than 22660. According to the Attorney General that is limited to $200.00 or less. These vehicles that we are talking about have a resale value because of their antiquity of sometimes $35,000 - $40,000. Councilman May: May I ask you a question. Where did you get your evaluation of these automobiles. What book did you get that from. Mr. McDaniels: I don't think you are going to get that out of a. . There is an antique manuel that is sent around the country, and I was reading that thing, and I don't have it with me here tonight, but it is an antique car dealer's association of which he is a member, and they tell you what the value of these automobiles are. Councilman May: Would that be the Old Cars Magazine. Mr. Floyd Hamner: There is two or three different publications and places where you can write to get the value of cars. Most of them are valued through the different clubs. Councilman May: What I am getting at is your building the valuation of these pictured cars here quite highly. I am very familiar with antique automobiles, as I have been in it for many, many years, and I am in a collector business. Are these automobiles - were these pictures just taken of these automobiles just recently. Mr. McDaniels: Today. I took some previously also. I think we have a principle here which I do not want you to forget about, and that is the principle of right to due process to a hearing of specific charges on specific items, and until that is met then everything that we do here is very suspect. Mayor Thompson: Mr. Davis. Do you have the administrative hearing that was held March 23, 1983. (Tape is changed - discussion continues as follows: Mr. McDaniels: . . . . Mr. Hamner does not want to fight with the City about that. The only thing that he wants is to know what cars they are talking about so he can properly respond. Mayor Thompson: Then may we ask the Hearing Officer to come forward and come back to you in just a minute. James Witt, 505 East Sixth Street, License Control Officer, City of Beaumont: The pictures in question that he is talking about at the hearing date that was held . . . the hearing was held on March 24, 1983. Mr. McDaniels was present, also Mr. Hamner. After the hearing was set, my decision was mailed to the attorney of Mr. Hamner,.which is Mr. McDaniels, and described the vehicles as follows: See evidence photos No. 1 through 9, which was given to me by the lawyer for Mr. Hamner, Mr. McDaniels. I still have the copies that he gave me 1 -9, that are marked on the back which vehicles had to be stored within a building, or removed from the premises. I did not ever say that the vehicles were not worth some money. I stated that the City of Beaumont Ordinance shows that they have got to be stored within an enclosed building. If he puts them inside a building, fine. There is nothing wrong with that. But sitting in his backyard the way they were, and how many vehicles that do not run - which I went over to Mr. Hamner's house today and I have approximately seven vehicles pulled to me by Mr. Hamner today. They are a studebaker, a packard, a ford pick -up, a buick, a willys wagon, oldsmobile and another studebaker which do not run. And out of them there is 1, 2, 3, 4 that have not been registered in 1983. One is 1963, one is 1973, one is 1969, one is 1975 , and they have been sitting in the same spot for the last two years that I know of. So they have not been used, and they do not run. Mr. Hamner told me that today. Mayor Thompson: You said something about a 1954 Willys Station Wagon. James Witt: Yes sir. Mayor Thompson: That does not run. Page 18 James Witt: The 1954 Willys, he stated did not run. This is what the gentleman stated to me at about 1:00 this afternoon. Mayor Thompson: A 1966 Chrysler. I didn't hear you mention it on your list. James Witt: The Chrysler runs. It is.not on my list as being there today at all so it must have been removed from the premises. Mayor Thompson: Another 1966 Chrysler. No, I think that must be the same one. 1967 Chrysler. James Witt: It is not on the list. Mayor Thompson: A 1964 Datsun. James Witt: The Datsun is a pick -up? Mayor Thompson: No a 4 -door sedan. James Witt: The Datsun is no longer on the premises. When I went there this afternoon before the hearing. No, wait a minute. 1964 Datsun. Yes it is. It is registered and is being used, and is parked right behind his back door so I didn't even mark it today. Mayor Thompson: Okay. But it was on the original list. James Witt: Right. It was on the original list. Mayor Thompson: Okay, but it is operative. James Witt: Right, and it is registered. Mayor Thompson: And the Chrysler was on the original list. The two. James Witt: Yes. And they are removed. Mayor Thompson: And no longer there. James Witt: No longer there. Mayor Thompson: How about the collectable house car. James Witt: Right. It is a converted bus into a motor home. It is sitting on the premises, and he states it runs, I didn't hear it run. It obviously cannot run because the tires are so low they are almost flat. Mayor Thompson: It can run, but it cannot move. James Witt: That is what he stated. I didn't ask him to start it up to prove it to me. Also he states these can run - a Plymouth, Hudson and a Datsun truck, which all four of these I did not hear run, but they are still on the premises, and they are licensed in 1983. He has registered five of them since we first originally started this inves- tigation. So he has got them all registered now, but he states he is working on the rest of them, but he has no proof on an Oldsmobile, 1969, which was registered out of Minnesota which he couldn't show me today. A 1975 Studebaker, he couldn't show me - not a 1975, excuse me. The Studebaker expired in 1975 - no proof of registration. A Packard ex- pired in 1963. A Ford Pick -Up, expired in 1973 - no proof of regis- tration. He says he has them, but he didn't show them to me today. He might have them with him tonight though. Like I stated, seven of them do not run. Mr. Hamner told me that himself today. He states the other four do run, and , like I say, seven of them are parked there. Some of them have flat tires, some of them don't. Some of them are antiques, I will grant you that, but the law states they have to be within an enclosed structure, and there are numerous, numerous parts, of vehicle parts, plus tires, engines, transmissions - I mean there is all kinds of stuff - scrap iron laying around - old carpet that has rotted - you can see ants, cock roaches around it. And there are tree limbs piled up and trash. Alongside of the house, as I showed Mr. Hamner today, I said that is all dry rotted and it looks terrible there, and you are going to have all kinds bugs infested there because it is soaking wet from all the water we had in the last Page 19 weather - we had some bad, bad weather in Beaumont as we all know. And he has an old washing machine back there, I don't know how many years that has been there. It has been there for a year that I know of since I started this. Mayor Thompson: Okay. Basically, we are talking seven vehicles that do not run. James Witt: That do not run. That Mr. Hamner stated do not run, right. Seven that do not run and four that he stated that are registered but . Mayor Thompson: Now let's see. The original administrative hearing, what was the decision that you mailed to Mr. McDaniels and Mr. Hamner? James Witt: I sent him a letter on March 24, 1983 to Mr. Hamner and Mr. McDaniels. I put, "as described as follows, see evidence photos #1 79" which I got from Mr. McDaniels. Since that time some of them have been removed, some have.been registered, and I stated, "said vehicles or parts to be removed or vehicles to be stored within a enclosed building ", and that is what I put down, and that . . . he has a copy of the Ordinance which I mailed personally to him - no, excuse me - which he bought when he came to talk with me about Mr. Hamner and what the deal was on the hearing. Mayor Thompson: Okay. It was indicated by Mr. McDaniels that the bone of contention here is which vehicles shall be removed or enclosed. James Witt: All inoperable vehicles Mayor Thompson: Excuse me just a minute. Did I quote you right, or did I interpret your statement correctly? Mr. McDaniels: Basically, yes. Mayor Thompson: Can you actually tell him which vehicles. . . James Witt: I can as of right now, again, yes. Mayor Thompson: Okay. And as long as you can identify the vehicles. James Witt: Right. I am also going on Mr. Hamner's right Mayor Thompson: I think that is all you were asking. James Witt: Do you want me to finish what my reading was. Mayor Thompson: Yes, go ahead and finish that one. James Witt: Okay. It is hereby ordered that Mr. Hamner shall comply by April 11, 1983, or said vehicles which are wrecked, dismantled or inoperative will be removed by the City of Beaumont at the cost to Mr. Hamner. Mr. Hamner may appeal this prior to (in writing) April 11, 1983, to Beaumont City Council. Form 1982 -3 attached for the vehicles that he don't want any more, or he figures were junk and the City would pick them up through a contract we have through a local dismantleing, or junk yard, they would pick them up with no cost to him - which, of course, he never contacted them. And then Mr. McDaniels contacted to change the date - well he called up for, that in to say, to set up for City Council hearing. Would you like to know which vehicles Mr. Hamner stated are not running or inoperable, some of them have got the engines out of them, and some of them carbure- tors out. Mayor Thompson: Just a second. I want to get a statement from Mr. McDaniels. He was asking about something. Mr. McDaniels: Mr. Mayor. It is.our position that simply because, the car might have temporarily have a motor out of it, or might have a flat tire, that it is not dismantled, it is not inoperable, it is not abandoned within the meaning of the law. Mayor Thompson: Let me ask you a question. What is the time frame for temporary inoperability. What is your definition of the time frame? Page 20 Mr. McDaniels: I think as long as there is some work being done on it - I don't know, because the code doesn't say. The code doesn't specify that period of time. Mayor Thompson: I didn't know whether it did or not. Mr. McDaniels: It doesn't. And the other thing I was going to say that I will admit that he sent me the order that he said, but again it doesn't identify any vehicles. It simply says vehicles which are wrecked, dismantled or inoperative. That tells us nothing. That is what we are supposed to remove. We are here tonight to respond to a list of the City which shows the license plates - by the way this is the license plate of that big van that he was talking about, and it is currently registered in 1983. We have all sorts of registrations here for the other vehicles, but we can't apply them to anything because we don't know which the City says is wrecked, dismantled or inoperative, and until.we get that list we cannot respond. What we are asking for is individual cars listed by the City without a conclusionary statement on their part that it is inoperable or dis- mantled. Mayor Thompson: You heard the statement that Mr. McDaniels said about the inoperable vehicles. James Witt: I have the list here. Mayor Thompson: You have the seven listed. You are going to give it to him. City Manager: Mr. Mayor, could we ask the City Attorney a question. Mr. Dougherty, what, from your point of view of the law, advising the City here, constitutes an inoperable vehicle. City Attorney: Well, it is something that cannot be used - cannot be operated - that is all I can say. City Manager: Cannot, or is not. How long can a vehicle sit there and be considered as operable. City Attorney: There is no time specified. City Manager: Well we need to establish here - either this City has an Ordinance that works, or we forget what is being attempted. Now if the City Attorney is going to say that somebody can store five, ten, fifty, thirty, any number, it doesn't make any difference, out there on their lot, or their piece of acreage, or whatever, any number of days, just so long that in some point in time they will run. If that makes them operable then I guess we have no Ordinance. If that is what he is saying. I haven't heard him say that. City Attorney: Generally when time is not specified, the law reads a reasonable period of time. Now I.don't know what a reasonable period of time is. How long have these vehicles been sitting there. James Witt: I have been working on this since - the first time would be - I believe it was August of 1982, and he was notified. Now this was a long time. He was handcarried a letter by.Officer Fraser, of Beaumont PD - he handcarried it and he hand delivered it personally. City Attorney: Why don't you read off the list that according to your definition are inoperative. James Witt: I don't have the year of these vehicles, but I do have the license numbers which I took off today. City Attorney: You don't know the make. James Witt: I sure do. I have got the make and the license number but I don't have the year of the vehicle. The Studebaker. Last time registered 1970 - License Number M 53189. A Packard, 1963. Now all the vehicles I am listing are not running. JFL 796. A Ford Pick -Up. Hasn't been registered since 1973. 80742K. Not running. A Buick, GLV 426, registered 1983, not running. A Willys Wagon, GLM 963, registered 1983,.but he states it is not running. 4FM956, a Minnesota registered vehicle, an Oldsmobile, not registered since Page 21 1969. Never shown proof of registration that he owns it, but he states he does. Not running. Another Studebaker, CGJ 763. Last time regis- tered 1975, and it looks like the car has been sitting there since 1975. States not running. This is my own opinion, because this is supposed to be my job to go out there and do. When a vehicle sits and the grass is underneath it, the weeds are growing up through it, it has been sitting there for a few years. Cobwebs all over it, dirt - he has cleaned a lot of it up - but still he states it is not running. City Attorney: Do you have pictures on all these things. James Witt: Most of them. Some of them have been removed, but I have my pictures right here that Mr. McDaniels gave me that Mr. McDaniels took. Would the City Council like to see them, or do you have the same pictures. City Attorney: No, go ahead and finish your list. James Witt: Okay. There is a Plymouth, License No. GLA 998, it is registered 1983. He states it runs but I never heard it. There is a Hudson, NHK 290, registered 1983, states it runs, but I never heard it. Datsun truck, 05059W, registered 1983, states it runs, still didn't hear it. I didn't lift the hood or anything, of course. A Flexible bus. Flexible is the name of the bus, it is an old converted bus into a motor home, IXGV098. Registered 1983, I guess he just got the registration for it. States runs, I don't see how it could run because the tires are all flat on it, and inside he is using it for storage right now. And there are these other things like vehicle parts, tires that is not supposed to be in a residential zoning - they are all over the place, and in one part of the yard, behind 732 the grass is higher than the junk parts he has got there now. It has just grown up around them, right next to the alley behind some bushes. And I mean there is junk - he don't call it junk - that is just a defini- tion that I am using - he just falls up under improper zoning. He has got piles of scrap iron, old carpeting like I said, piles of tree limbs, all kinds of stuff. Councilman Shaw: Jim, does the vehicles that are licensed, do the serial numbers correspond to the license they are supposed to be affixed to. James Witt: I ran some a long time ago, and the majority came back as not being owned by Mr. Hamner at all. The person that lived at 732, which he rents the place to another gentleman, he was back there working on vehicles, which has ceased since he was issued a citation. Some of the cars belonged to him that he was working on, but he was running a business back there - but that has nothing to do with the City Council right now. That has been taken care of. Councilman Shaw: That was what I asked - about the serial numbers. James Witt: I do have some of them. I ran them through our computer system at our Police Department. The ones that I ran at that time, I believe I ran 12 or 13, and out of 12 or 13 only four came back at that time registered to Mr. Hamner. Councilman Lowry: I think the point I was asking you were mentioning that someone else owned them, and that he was working on them, or something. James Witt: At the first occasion going over there, there was another gentleman that rented Mr. Hamner's house - he owns two houses.there - he owns 732 and 738 which are in question. All the junk and vehicles are behind these houses. And there was a gentleman operating a repair garage out of there, so I issued a citation and the man quit working back there and started taking some of these cars off that was regis- tered to somebody in Banning and somebody in Loma Linda, which are no longer there - he took some of those vehicles out of there, but he left a lot of transmissions and motor parts, which I don't even know if they belong to Mr. Hamner. He said some of them do and some of them don't. Councilman Lowry: Is this an R zone. James Witt: R -1 Zone. Mayor Thompson: If I interpret your statement earlier that what you are requiring, basically, is which vehicles are considered inoperative and which in question should be either covered or removed. Am I correct. Mr. McDaniels: That is correct. Mr. Mayor, if I might respond because he has talked about a lot of things that were not given notice to my client. The Notice of Hearing which was dated January 10, 1983 is the one that we are responding to here. And the only thing it says was that in violation of Ordinance 545, said vehicle described as numerous vehicles and located at the rear residence of 732 Wellwood and 738 Wellwood. Now the only thing that I have ever been able to get out of the City of Beaumont is numerous vehicles. No license plate number. No van number. No make. No model - just numerous vehicles. Now he read off to you a number of things that were not supposedly owned by Mr. Hamner. He is not correct. We can't respond properly because we don't have a list from him. He mentioned a 1939 Packard coupe. This is the pink slip to it right here. Owned by Mr. Hamner. Now he may not have it registered.with the DMV, but that does not mean that he is not the owner of the vehicle. There is another problem that is here too. If he is the owner of the vehicle, is he compelled by the City of Beaumont to drive that thing rather than let it sit on his property or you will take.it away from him. I don't think that is the law. Here is another vehicle. Current registration, 1954 Willys Station Wagon. It is a temporary operating permit. It expires on August 9, 1983, with the pink slip, Mr. Hamner. Well how do we know that - you haven't sent us anything. City Manager: Mr. Mayor, could we ask the attorney again to decide - you know - we could sit here all night and listen to these recitations and I think we ought to let the attorney tell us whether the hearing thus far held by Mr. Witt has been conducted pursuant to the Ordinance of this City, and if it hasn't let's let him go back and start over. If it has, then there is no sense of arguing this point forever. City Attorney: In other words refer it back for further hearing on this. There is no use in being here all night - whether I have a pink slip on a car that will never run again doesn't prove anything. I think you are going to have to . . . Mayor Thompson: What does the ordinance say so far as conducting a hearing on this. Does it say that the License Control Officer shall notify the person of the citation of the violation. James Witt: It says he shall be notified by registered mail of the violation, which Mr. Hamner was. That.was before Mr. McDaniels came on the scene. He was notified of the violation. Mayor Thompson: The normal sequence after that is that within a reasonable time a hearing date is set. City Manager: I think the point that Mr. McDaniels is making, and our attorney ought to comment on this, was he given a legitimate notice of a legitimate hearing. In other words does it take more than what Mr. Witt did, or does it not. And if it does take more he ought to go back for a hearing. If it doesn't, then there is no sense arguing the point. City Attorney: I think his complaint is that you are not telling which vehicles are the ones that are ready to be worked on, or are not operable. Now has he been given a list at any time of those vehicles that were unoperable. James Witt: At the time of the hearing we talked and Mr. McDaniels stated . . . City Manager: Well Mr. Dougherty that is what he is alleging, I am asking you to tell the Council and Mr. Witt is it mandatory for him to be given that. If it is then let's send it back. City Attorney: Well he says that he was given it, so I don't know. I wasn't there. If you gave him a.list of those that were confirmed as not operable, well you don't have to write down on a piece of paper every vehicle that he acknowledges are inoperable. Page 23 Mr. McDaniels: We were given no such list, Mr. Dougherty. Councilman May: What I would like to mention here - what we are properly getting at - the City is looking at, are unsightly automo- biles. That is what we are looking at. Unsightly. City Attorney: Well, I don't believe (unintelligible) or notify for unsightly. There is nothing about unsightly. You mean the condi- tions of the premises. I think it is confusing, so send it back for further administrative hearing and then . . . Mayor Thompson: I don't think there is any confusion so far as the City is concerned. I think from what I can gather from looking - from listening to what has been going on, that the Ordinance has been followed. City Attorney: In what respect has it not been followed. The Mayor says it has not been followed. Now tell me what provision has not been followed. City Manager: That is what the gentleman's attorney has been telling us all night here. City Attorney: Yeah, he said you didn't give them a list of cars. Mayor Thompson: But does it say that - does it say that . . . City Attorney: He says they discussed . . . City Attorney: Do you agree that he has to have that. That what this gentleman is saying. City Attorney: Does the Ordinance say he has to have a list of those vehicles. Does the Ordinance say he has to have a list of those vehicles that cannot be operated. James Witt: Just list numerous vehicles. That is all the Ordinance says I have to put down, and get the license numbers. City Attorney: And you say in the hearing it was confirmed which ones were not operable. James Witt: In our hearing it was (unintelligible) City Attorney: If the Ordinance says you don't have to give a list you don't have to. This is due process. We have had an administrative hearing, you have your hearing tonight, and you have talked over an hour. Due process has operated, unless you can point out Mr. McDaniels where we have to give the names, numbers, license numbers and regis- tration of every vehicle, we don't have to. Mr. McDaniels: Mr. Dougherty, it is inherent in any law and including your statute that in citing a person for something then you have to tell them what they are facing. Numerous vehicles is so vague as to be incapable of ascertaining what you are talking about. City Attorney: You were given a list tonight. Mr. McDaniels: No we were not given a list tonight. City Attorney: It is in the record. Mr. McDaniels: Do we not agree sir that due process means written notice and written . . . City Attorney: And a hearing. Mr. McDaniels: And a hearing of specifically what a person is charged with, in writing, with sufficient time to respond in writing. City Attorney: Well, I think it has all been met. I have said all I am going to say about this subject. We have had a full hearing, you have had your side. Mr. Witt told his side of this thing, What more can we do. There are only two things that can be done. You can make a determination tonight, or to send it back for further adminis- trative hearing, and I don't see any use in all that in view of what Page 24 has been discussed tonight. Councilman Lowry: Did you take your own copy of what he read to you tonight and put in the record. He asked if you would do that. Did you do so or not, or aren't you required to do so. Mr. McDaniels: No, we are responding. The burden of proof is on the City, not on this person. The burden of proof is on the City to prove that he has dismantled, inoperative or wrecked vehicles. Councilman Lowry: How about the requirement that he has to put them in a building. This hasn't even been spoken of. It is in the Ordinance. Mr. McDaniels: That portion of the Ordinance we think is totally unconstitutional because we think that is a total varigation of a person - that you are taking from him property without due process of law in contradiction of the Fifth Amendment of the United States Constitution, and you cannot do that. City Attorney: Mr. McDaniels. You first come and say you want to settle this thing, and now you say it is unconstitutional and you don't have due process. Mayor Thompson: Gentlemen: According to this administrative appeal you have cited certain areas in here that you feel that Mr. Hamner did not comply with the requirements of Ordinance 545. Now, pictorial evidence of which, in some instances, you have supplied, indicates there are vehicles of not say abandoned, but inoperable vehicles that have not been operable for an extended period of time. Mr. McDaniels: There are only three vehicles. Mayor Thompson: You say there are seven. Councilman Lowry: And not the same vehicles that you saw the last time. James Witt: Some of them are and some of them are not. Some have been removed. Councilman Lowry: And new ones brought in, in other words. James Witt: Yes sir. Mayor Thompson: Ordinance 545 indicates that a notice of a violation sent to the person, the alleged violator, and administrative hearing is held to determine if.this is a valid citation or notification of violation,.and it has evidently been determined that it is a legitimate notice of violation, those items in the Ordinance have been addressed. And you are saying that you can't tell which are in violation and which are not because of the lack of a list. Mr. McDaniels: We have maintained that from the beginning. Mayor Thompson: You are not basically appealing the basic decision are the bottom line decision that there has been a violation. You are not contending that there has not been a violation of Ordinance 545. Mr. McDaniels: I think I can put it very plainly if you - when we met there were three vehicles which we told him we do not own, and these three vehicles so far as we were concerned were not ours and they should be removed from the property. As to the other vehicles we wanted a list of which vehicles he thought were inoperative. He said we will not do that, I will just lump them all together. So we could not make the decision. And that is what - the only thing I am asking is for us to go back so we can meet again and see if we can iron it out, because most of the vehicles that we talked about the day I was there are operative. Councilman Shaw: Were the three controversial vehicles been removed. Mr. McDaniels: They weren't even there. There wasn't even a contro- versy about them. They belonged to someone else. I don't know whether Page 25 they are still there or not. As to those three vehicles they were not his. Councilman Lowry: Are you contending that in an R zone that any person can have as many vehicles sitting around in their yard as they feel like, and the City can't control that. If we can control how many dogs they have, how many animals, why can't we control how many cars they have sitting around that aren't being used and aren't registered. Mr. McDaniels: Sir, because the City of Beaumont has to follow the law the same as California and all of the United States, and you cannot simply take property from a person simply because you don't like how much property that person has. City Manager: I might point out to you Mr. McDaniels, there is no attempt to take property. The Ordinance merely specifies that in order for you to have that property you should store it in a certain way, and if you do not store it in that way, then you must remove it to another site. There is no attempt to take it away from you unless you choose not to do one of those two things. Councilman Shaw: Norm, is there any specific Ordinance that we have that stipulates the amount of vehicles that can be stored on a pre- mise without being classified outside of a residence as a repair yard or a junk yard, or etc. Mayor Thompson: You are appealing an administrative action. Mr. McDaniels: It is not the administrative action in this case, it is the manner in which it has been conducted that is wrong. Mayor Thompson: You have several options. You can uphold the appeal, the administrative appeal by Mr. Hamner through Mr. McDaniels; you can reject the appeal by Mr. Hamner, or you can reject the appeal with the stipulation that the License Control Officer list and inform Mr. Hamner of which vehicles should be either behind a six foot solid . fence or in a building. You can do any of those things. But we have been on this awhile and, to be honest with you, I.am not sure exactly what we have been talking about except that we have a difference of opinion on both sides. I think many of your items here may not have much merit. But, I am sure the requirements of Ordinance 545 have been followed, maybe not in the detail in which you prefer, but they have been followed from what I can gather - from the evidence that I have at hand, so is there any further questions. Any further input. Do you have any further questions Mr. McDaniels. Any Council person have a question or any input. The Hearing on Appeal was closed at 10:20 P.M. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont denies the administrative appeal filed by Mr. McDaniels for Mr. Floyd Hamner, and further directs the license control officer to conduct another hearing with specific detail on the violation. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Hammel. 7. Out of Sequence. RESOLUTION NO. 1983 -28 - Accepting the Interest in Real Property Conveyed by Sewer Easement. On Motion by Councilman Lowry, second by Councilman Shaw, the City Council of the City of Beaumont adopts Resolution No. 1983 -28. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Hammel Page 26 8. RESOLUTION NO. 1983 -29 - Requesting Support for State Funds to Provide Fingerprint Cards for California Children. On Motion by Councilman Shaw, second by Councilman May, the City Council of the City of Beaumont adopts Resolution No. 1983 -29. The Resolution was read in its entirety by the City Clerk. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Hammel 9. RESOLUTION NO. 1983 -30 - Requesting the League of California Cities to Support a Constitutional Amendment to Provide for a California Lottery with the Revenue to be Apportioned to California Cities. On Motion by Councilman May, second by Councilman Shaw, the City Council of the City of Beaumont adopts Resolution No. 1983 -30. AYES: Councilman May, Shaw and Mayor Thompson. NOES: Councilman Lowry. ABSTAIN: None. ABSENT: Councilman Hammel. 10. Apointment to Fill Vacancy on Senior Citizen Advisory Commission. On Motion by Councilman Shaw, second by Councilman Lowry, the City Council of the City of Beaumont appoints Mr. Ben Narem to fill the Vacancy on the Senior Citizen Advisory Commission left by the death of John Minjares, Sr. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Hammel 11. Appointment to Fill Vacancy on Planning Commission. This agenda item was continued until the regular meeting of June 27, 1983. 12. Concurrence in Adoption of Riverside County Disaster Preparedness Plan. On Motion by Councilman Lowry, second by Councilman Shaw, the City Council of the City of Beaumont concurs in the adoption of the Riverside County Disaster Preparedness Plan. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Hammel 16. Appeal by Mr. Robert Orr of City Engineer Decision. (Note: This is an informal appeal with no formal filing with the Clerk's Office, and is not a noticed Public Hearing. As a result the discussion will not be recorded in the minutes verbatim, as is the policy for Public Hearings. The discussion is a matter of record on the tape of the meeting and is available for review at any time.) Mr. Ron Irvine,1462 Clifton, Redlands, proposed tenant in Mr. Orr's building, addressed the Council concerning the required sewer hook- up fee for restaurants. A prepared statement from Mr. Orr was read to the Council by Mrs. Orr, listing Mr. Orr's appeal. The discussion of Mr. Orr's appeal included comments by the City Engineer, Gary Phelps, the City Building Inspector, Paul Turner, Mr. Orr and the Council. Page 27 After lengthy discussion, the appeal by Mr. Orr was continued until an adjourned meeting to be set for Thursday, June 16, 1983. 33. On Motion by Mayor Thompson, second by Councilman Lowry, the Public Hearing on the Fiscal Year 1983 -84 Budget is set for 2:00 P.M., June 23, 1983, in the City Council Chambers. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Hammel The meeting was adjourned until 7:30 P.M. on Thursday, June 16, 1983, at 11:28 P.M. Respectfully submitted, I R NE JO'Y,C SW NEY , City Cl -k Page 28 BEAUMONT CITY COUNCIL MINUTES OF ADJOURNED MEETING OF MAY 31, 1983 (Adjourned from May 23, 1983) 1. The Beaumont City Council met in an adjourned meeting at 3:00 P.M., on Tuesday, May 31, 1983, in the City Council Chambers with Mayor Thompson presiding. 2. On Roll Call the following Council Members were present: May, Shaw, Hammel, Lowry and Mayor Thompson. 3. HEARING - On the Matter of the Adoption of a Proposed Resolution of Necessity to Acquire Certain Property by Eminent Domain for the Construction of the Cherry Avenue Sewer Line Project. The hearing was opened at 3:05 P.M. by Mayor Thompson. The City Manager reported to the City Council giving them information concerning his contact with Ms. Brackman, who had indicated she would attend the hearing although she was not present at this time, and further stating the terms Ms. Brackman wanted in return for granting the easement. Larry Laws, Wastewater Treatment Plant Supervisor, addressed the Council stating the necessity of the Cherry Avenue Sewer Project to correct existing problems, and answered questions from the Council. Gary Phelps, City Engineer, addressed the Council stating the . necessity of acquiring this easement in order for the Cherry Avenue Sewer Project to proceed. Mayor Thompson asked if there was anyone else in the audience who wished to speak regarding this issue and received no response. There being no further input, and the opponents not being present, the hearing was closed at 3:25 P.M. 4. RESOLUTION NO. 1983 -26 - Determining the Necessity for the Acquiring by Eminent Domain of Real Property for the Construction and In- stallation of the Cherry Avenue Sewer Project. On Motion by Councilman Lowry, second by Councilman Shaw, the City Council of the City of Beaumont adopts Resolution No. 1983 -26. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 5. The meeting was adjourned to Executive Session for Personnel Discussion at 3:35 P.M. 6. The meeting was reconvened to Regular Session at 4:40 P.M. 7. Let the record show no action was taken in Executive Session. 8. The preliminary budget study and review was not held. There being no further business to come before the Council, the meeting was adjourned at 4:41 P.M. Respectfully submitted, �JzAl- Deputy City Clerk BEAUMONT CITY COUNCIL MINUTES OF MAY 23, 1983 The Beaumont City Council met in a regular meeting at 7:30 P.M., on Monday, May 23, 1983, in the City Council Chambers, with Mayor Thompson presiding. The Invocation was given by Reverand Roland Thorwaldsen, St. Stephens Episcopal Church. The Pledge of Allegiance to the Flag was led by City Manager Norman Davis. On Roll Call the following Council Members were present: May, Shaw, Hammel, Lowry and Mayor Thompson. 1. There being no additions, corrections or deletions, the Minutes of Regular Council Meeting of May 9, 1983 and Special Meeting of May 11, 1983 were approved as submitted. 2. There being no objections, the Minutes of Regular Planning Commission meeting of May 3, 1983 were accepted for filing. 3. On Motion by Councilman Shaw, second by Councilman Lowry, warrants as audited per Warrant List of May 23, 1983, in the amount of $72,086.30.and Payroll of May 5, 1983, in the amount of $24,105.55, were approved for payment as audited. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 4. Mayor Thompson presented City of Beaumont plaques to Jerry Seaburg and LeRoy "Red" Livingston in appreciation for the service they have rendered to the City by serving as members of the Planning Commission. 5. PROCLAMATION - Proclaiming Rossanna Trivinos, American Field Service student from Chile, an Honorary Citizen of the City of Beaumont. 6. PROCLAMATION - Proclaiming Daniel Clinet, American Field Service student from France, an Honorary Citizen of the City of Beaumont. 7. PROCLAMATION _ Proclaiming Mauricio Barcellos, Pacific Intercultural Exchange student from Brazil, an Honorary Citizen of the City of Beaumont. On Motion by Mayor Thompson, second by Councilman Hammel, the City Council of the City of Beaumont proclaims Rossanna Trivinos, Daniel Clinet and Mauricio Barcellos Honorary Citizens of the City of Beaumont. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 8. ORDINANCE NO. 547.1 - SECOND READING - Amending Ordinance No. 547 to repeal Certain Ordinances Related to Land Divisions in the City of Beaumont. On Motion by Councilman Lowry, second by Councilman Hammel, Ordinance No. 547.1 is adopted at its second reading by title only. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Page 1 9. ORDINANCE NO. 567 - SECOND READING - Regulating the Construction of Garden Walls, Retaining Walls and Front Yard Walls and Fences. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont adopts Ordinance No. 567 at its second reading by title only. AYES: Councilmen May, Shaw, Hammel, Lowry. NOES: Mayor Thompson. ABSTAIN: None. ABSENT: None. 10. ORDINANCE.NO. 569 - FIRST READING - Amending Ordinance 525, Section IV to Provide for the Extension of All Provisions of Ordinance 525 to July 1, 1985. (Pertaining to Building Moratorium). Motion by Councilman Lowry, to pass Ordinance No. 569 at its first reading by title only died for lack of a second. 11. ORDINANCE NO. 571 - SECOND READING - Repealing Ordinance 559, Which Approved and Adopted the Beaumont Community Improvement Plan and Project Area, As Amended. On Motion by Councilman Shaw, second by Councilman May, the City Council of the City of Beaumont adopts Ordinance No. 571 at its second reading by title only. The Ordinance was read by title only by the City Clerk. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 12. Agenda Item No. 12, Public Hearing noticed for 8:00, was taken out of sequence since it was not yet 8:00, and the City Council proceeded with the balance of the agenda. 13. RESOLUTION NO. 1983 -24 - Calling for the Support of the California Congressional Delegation for Funds for the Southern California Rapid Transit District's Metrorail Project. On Motion by Councilman Shaw, second by Councilman Lowry, the City Council of the City of Beaumont adopts Resolution No. 1983 -24. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: Councilman Hammel. ABSTAIN: None. ABSENT: None. 14. RESOLUTION NO. 1983 -25 - Authorizing Submittal of an Application for Older American Title III -B Funds for Period July 1, 1983 and Ending June 30, 1984. On Motion by Councilman Shaw, second by Councilman May, the City Council of the City of Beaumont adopts Resolution No. 1983 -25. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 15. Request from Riverside County for Month to Month Lease of City Building Used as County Court. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont approves an extension of the lease with the County of Riverside for the Court facilities located at 500 Grace Street at a monthly rental rate of $1,450.00 per month on a month to month basis through September 30, 1983, with all other conditions of the lease, as amended, remaining the same. Page 2 16. 17. 19. 12 AYES: Councilmen May, NOES: Councilman Shaw. ABSTAIN: None. ABSENT: None. Hammel, Lowry and Mayor Thompson. Consideration of Claim filed Against City by Jay David West. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont rejects the Claim filed by Jay David West and directs the City Clerk to send Notice of Rejection to the claimant. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Consideration of Claim filed Against City by Sandy Miller for Damages. On Motion by Councilman May, second by Councilman Shaw, the City Council of the City of Beaumont rejects the claim filed by Sandy Miller and directs the City Clerk to send Notice of Rejection to the claimant. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Request for Budget Adjustment for Advertising Expense for Clerk - Dispatcher Vacancy in Police Department. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont approves budget adjustment in Fund 00 -140 from Account No. 252 to Account No. 225, in the amount of $200.00, to cover advertising expense necessary for clerk - dispatcher. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. SUBMITTAL OF REPORTS FOR FILING: Report of Planning Commission actions at meeting of May 17, 1983; Financial Reports for period ending April 30, 1983; estimated General Fund ending Cash Balance at May 31, 1983; and Statement of Operations for Beaumont Community Improvement Agency for month ending April 30, 1983, were ordered filed. PUBLIC HEARING - 8:OO.P.M. - Application by Adelbert Lee Aldrich to Operate a Taxicab Service in the City of Beaumont. The Public Hearing was opened at 8:00 P.M. Mayor Thompson: Are taxicab operations in any way controlled by the Public Utilities Commission? Adelbert Lee Aldrich, Applicant, 41961 W. Ramsey, Banning, California: Of course not. Mayor Thompson: It is strictly a local thing - based on what? Mr. Aldrich: Each City is authorized to issue permits for operations within your own community. There is an application pending with a State agency for purposes of transporting - or providing limousine service to Ontario and also Palm Springs. There is some question as to the need for that permit, but my insurance company suggests that we go ahead and file for it and obtain it and have it on file should there actually be a need for it at a later time. Mayor Thompson: An application with the PUC. Mr. Aldrich: Yes. Page 3 Mayor Thompson: If you have a taxi service, and I call.you and tell you I have to go to Ontario airport - do you have to have a limousine? Mr. Aldrich: It is questionable at this point, and to avoid any further discussion on the situation we are going to go ahead and get a permit and have it available - and we are currently trans- porting people to both airports. Mayor Thompson: From where. Mr. Aldrich: From our Banning office. Local taxicabs pick them up, bring them in, and we have a station wagon and we are transporting them to the Ontario airport. Mayor Thompson: Are you doing any pick -ups in Beaumont? Mr. Aldrich: There have been some. I left specific direction for it not to occur. There were some regular customers that the driver choose to. service. There have been a couple.of occasions in which people have indicated they could not get service and they needed to get to work. I know of two of those that I took the calls myself. One-of those was handled free of charge, and the other one the driver did receive payment for it. Councilman Hammel: Is this the type of car you will operate? Mr. Aldrich: Yes sir, that car is in operation now, and No. 2 will be completed tomorrow - it goes to Los Angeles for installation of the meter and light, and the sign on the back - and the third car will be completed about 30 to 60 days. Councilman Hammel: I understand that you operate 24 hours a day? on a 24 hour basis. Mr. Aldrich: Yes sir. By the nature of our business, we are a auto repair and towing operation, and because we have the four large towing contracts that necessitates that we have people available 24 hours a day, seven days a week for dispatching. Along with that, hopefully, January of next year, we will be implementing a full scale answering service that will be a part of the dispatching operation that we currently have today, and that will be the final phase of our expansion - dealing with all of the elements that are basically the same. I might share a couple of things with you which I think are important. Councilman Lowry: Excuse me - the answering service - what does that cover. I don't quite understand what that would be. Mr. Aldrich: It is just kind of a tag -a -long operation. The answering service itself will be for doctors, attorneys, professional people who have a line connected to our answering service, and when they are out to lunch we will pick up the phone. After hours, we will answer the phone. What got me in this business, I found there is a definite need to transport people at late hours particularly, and because . . . there is a definite need - in the past up until our implementation of the taxi unit we used our tow truck bascially to.transport our people, and there got to be a tremendous cost factor involved in our day to day operation, and we-felt that there was a definite need for a total community wide service for transportation. As the Pass Area continues to grow, particularly when the Banning Airport becomes more active - as an example - perhaps a poor example, the Indian Bingo for instance - those types of things occurring in the Pass Area has generated a need of transportation throughout the Pass Area. The fact in past years you had two taxi services, one in Beaumont and one in Banning, and you had a regular customer in Beaumont that wanted to go to Banning - sometimes they would take them - and sometimes they would drop them.at the line, or whatever the case may be. As a businessman, whenever I have a customer to be transported I like to maintain control of that customer the time that.I have him, and if I take him to a motel and drop him off, and I have to be back the following morning to pick him up for him to Page 4 pick up his car that has been repaired - or if I have to take him to the airport - or if I have to get him on a bus - I would like to be able to have that flexibility of providing that service for him. In a number of situations there are credit cards involved which a person wants to charge that transportation, and to have a line or a barrier established where you cannot fulfill that responsibility it has a detrimental effect on my business overall as a whole. I think probably all of you know I do have a business license to operate in the City of Beaumont from the standpoint of our towing and auto repair operation, and a substantial part of my business is in the City of Beaumont. I also spend a lot of money in the City of Beaumont. Councilman Hammel: Isn't it true that the local taxicab closes down usually 11 or 12:00 at night. Mr. Aldrich: I am not positive of that, but I know there.have been some problems that people have communicated that there have been . times -both in Banning and Beaumont - that they would call for service and that service has not been available, and I don't know exactly what the hours are and I know it would be just my experience up to this point having personnel to man the taxi around the clock - 24 hours a day - seven days a week - is a tremendous task in itself, and I know that they must be faced with a very difficult situation of having personnel available to man it 24 hours a day. Councilman Hammel: I mean for the benefit of the public as a whole. A pick up in a restaurant after 12 o'clock or 1 o'clock, I think it adds to the safety if these people would leave their car at the location and travel with you. Mr. Aldrich: We are experiencing a tremendous demand between 10:00 at night and 3:00 in the morning on calls. I hate to admit, on one hand my tow trucks are not responding because people are not getting arrested, and I am losing money on the other end. The taxicab is running a substantially heavy traffic in that period of time, and is providing, I think, a needed service. Mayor Thompson: How long have you been operating a taxicab service. Mr. Aldrich: I believe my permit in Banning was approved around the middle part of . . . less than a year. Mayor Thompson: In that period of time has your company been in- volved in any kind of litigation involving safety problems with your vehicles. Mr. Aldrich: Not to my knowledge - no. Mayor Thompson: Does anyone else have questions. Councilman Hammel: How about the insurance. Mr. Aldrich: The vehicles are totally.insured, and I would hope that the City of Beaumont has already received the necessary insurance papers from my insurance company indicating that we are properly insured. We do carry a full $600,000 liability policy consistent with the tow truck operation, and we have an umbrella policy which takes us up to a million dollars in liability. Councilman Shaw: What are your prevailing rates - are they com- parable with the existing service now? Mr. Aldrich: What I am charging at the present time. $1.30 on a flag drop, and 200 for 1/6 of a mile so far as mileage is concerned, and 200 per minute wait time. There is a $1.00 charge for extra passengers. If you look at it in a different frame, it is $1.30 flag drop, and $1.20 a mile. Mayor Thompson: What is a flag drop. Page 5 Mr. Aldrich: You get in a cab, and you drop the flag, it costs you $1.30. Mayor Thompson: That is even before you pull from the curb. Councilman Shaw: So long as you are in there. Mayor Thompson: I think I have some other questions, I want to. check with the attorney first before I ask them - I want to leave it open to come back to you. Councilman Lowry: One other thing I noticed on the bottom I would like to bring up.- it sounds very interesting. Senior citizen rate. Subscription service at $40.00 per month for unlimited service within the City of Beaumont. This rate approved for 120 days only. Is that an added thought, or is that . . . Mr. Aldrich: We are working in Banning at the present time with the senior citizen group over there to develop a meaningful trans- portation system at a cost that they can afford, and this was my feeble approach to saying let us try something and see if it will work, and if I can stand the cost and if it will go over, let us use it and implement it. I have checked all over in finding out other communities are doing the same thing. Without going into a long dissertation - what has happened over the years, the taxicab business was a flourishing operation until the transportation systems that were developed in recent years to help solve that problem - the.taxicab operations were not flexible enough to bend enough to serve the needs of the community, and the net result is that the taxicab industry as a whole has been on a decline. And, all of sudden, in the last nine months there has been a turn in which private industry has began to address the needs of our senior citizens and their transportation, and reduce that cost accordingly. I might suggest to you that we found that there has been a number of senior citizens that have made requests to have - what I call - subscription service - you pay one fee per month in advance, and we provide that service. The scope of need has been so different between each person it has been very difficult to come up with a formula to determine a cost. If I can give you an example, we have go two people that live next door to each other. If our cab goes out and services them they can pick up the one person for the flag drop of $1.30, pick up the person next door for $1.00 only, and transport those two people. If you are trying to come up with a cost factor of.how you would divide that cost for senior citizen's rate, it gets very complex - very difficult. So I threw out the figure of $40.00 as a method of trying to get something - let us try it and see if it will work, and see if it is of some benefit. Councilman Lowry: Well, there is one other question. Say this was in the City of Beaumont only, and they wanted to go to Pass Hospital and cross into Banning. . . Mr. Aldrich: I put that in there because it applies only to the City of Beaumont. The concept of my entire operation is the entire Pass Area. I am talking about Banning, Beaumont, Cherry Valley, and I intend to service those areas at this rate. Councilman Lowry: In other words, at this rate, $40.00 a month for senior citizens you would take them to any of these . . . Mr. Aldrich: That is right. Mayor Thompson: Are there any other questions. Councilman Shaw: At the bottom here you state senior citizens subscription rate of $40.00 per month unlimited - this rate approved for 120 days only. Now after 120 days what would be the fee. Mr. Aldrich: If I am successful in the venture and it is profitable for both the people and for ourselves to continue that, I will be back and ask for it to be a fixed rate, and implement it from that point on. I don't know what the reaction is going to be - I have Page 6 gotten pro and con. We do have, in Banning, eight or ten accounts that are on a subscription rate. Each one of them has been estab- lished individually because some of them want to-go every day, and some of the people want to go once a week. I have a gentleman who likes to go to have his blood pressure taken once a week, and he was paying $10.00 round trip fee to go. And he said will you do that for me once a week for a month, and we cut it 50% of what he is currently paying. As a test bit of service, we also have a couple of customers that work at Duetsch Corporation that we haul to and from every day, and their rate is different than our senior citizens, but it is substantially less than the retail rate. Councilman Shaw: In other words, this is to be determined depending upon the usage of the cab. Mr. Aldrich: If it appears to be satisfactory, and there is some use for it - than let us go for it. Maybe I can even do it for less in some cases. It does no good for that taxi to be sitting in front of my place of business, If it is.not on the street - it is not running providing some level of service - than it is defeating its purpose. Mayor Thompson: Does anyone else have any questions. I want to reserve my other questions for later. I want to talk with Harry first, and I will come back to you. Are there any other proponents. Okay, anyone opposed -.in opposition to this application. Please come up forward and give your name and address on the mike, and we will go from there. Mr. Landy Foster, present owner and operator of Beaumont Taxi: I have prepared a little statement that is answer to the questions that was asked of Mr. Aldrich over a month ago, and before I state that I will clarify - he has been in business in Banning a little less than three months. I respectfully request that you deny this application for a taxicab license within the City of Beaumont. Mr. Aldrich has stated that he wanted to connect Beaumont, Banning, Palm Springs and Ontario by giving service from the Pass Area to these cities, so Beaumont would not be isolated as it is now. This is untrue, I have taken people west as far as Lompoc, north to Las Vegas, south to San Diego and east to most of the desert cities, and many points in between, and will continue to do so. It has been and is now a necessary part of our income. A couple of years ago I was trying to take only emergency calls between midnight and 7 A.M., but it never worked out at all, partly because of the pressure put on us by the Dial -A -Ride doing exactly as taxicabs at reduced sub- sidized rates.which forced us financially to a full 24 hour call basis, We have always taken phones to the bedside. The only time we have not been able to answer calls on the phone is when the phone has been out of service in the last twenty -two and one -half years. Mr. Aldrich stated that he would like to bring this service in the City of Beaumont up to a 20 minute average report time on call. The average at the present time is from 10 to 15 minutes. Most of the people are on the phone a second time wondering where the cab is if.we are not there in ten minutes. We have given excellent service. According to Beaumont City Law, Ordinance 293, Section I,.automobile for hire defined. An automobile for hire includes every automobile or motor propelled vehicle by means of which passengers are transported for hire upon the public street in the City of Beaumont, and not over a regular defined route. Irres- pective of whether the operation extends beyond the boundary of the City of Beaumont or not. Automobile for hire shall include taxicabs and ambulances. This makes four vehicles for hire at present, five vehicles for hire at present. Four Dial -A -Rides and one taxicab all doing the same job in the City of Beaumont. At present there is one vehicle for hire for each 1500 people in the City of Beaumont, as defined by that Ordinance No. 293. Banning has two vehicles for hire with a population of 14,000 people. This makes one vehicle for each 7,000 people. This shows there is no reason to put another cab on the streets of the City of Beaumont. I did not bring this up for comparison, but just for a fact. Mr. Aldrich has testified his colors are white with blue stripe on his application. The color scheme is in direct conflict with Beaumont Taxi and Beaumont Page 7 Dial -A -Ride. White has been specified as the color of the Beaumont Taxi for twenty -two and one -half years, and this same Council approved it again last year when you caused me to apply for a franchise. Ordinance No. 293, Section 8, Denial of Application: Grounds. The following reason shall be sufficient for denial of said application for a permit. Section 8(c). That the color scheme, name, monogram or insignia to be used upon such automobile for hire is in conflict with or imitates any color scheme, name, monogram or insignia used by any other person, firm or.corporation in such a manner as to be misleading or tends to deceive and defraud the public. Section 8(f). If the City Council determines that there is a sufficient number of automobiles for hire of the classi- fication applied for in the City of Beaumont to adequately serve the public, or that the granting of the additional permit would unduly congest traffic, interfer with the pre -use of the streets by the public or the public interests, convenience or necessity do not require the issuance of such permit. The color scheme in con- flict with Beaumont.Taxi and Beaumont Dial -A -Ride, and having an adequate number of vehicles on the streets of Beaumont are both reasons for denial of this application. Therefore, it would boggle the mind to try to equate any reason for you to accept this applica- tion. Before I close I want to mention this. I have ran.the cab in the City of Beaumont for over twenty years and have given the citizens of Beaumont loyal service without having to answer to one registered complaint. At least eighteen years of this time I was without the help of the Dial -A -Ride, and it has taken 70% of my business. I would like the City Council to tell me why we need another cab. Mayor Thompson: Irish. Are you speaking in opposition? Irish Mitchell, 402 East 6th Street, speaking in opposition: Upon request, I have.made a cursory survey of the feasibility of an addi- tional taxi service. I respectfully submit that this pending application is not supported by any study either public or private that will support the need for additional service at this time. Any additional for hire transportation at the present time would be detrimental to the quality of service now being rendered. The present demand and available revenue is hardly enough to support the present operator at this time. The present operator has served this community for more than twenty years, and there is no record of any recorded complaint. In deference to the general public, I request this Council to determine both the need and desire through an in- depth study for this requested new franchise. Thank you for your consideration of the rights of our present operator, and the needs of the community. Councilman Lowry: Your first sentence. Upon request. Will you mention who requested please. Mr. Mitchell: I was requested by the present operator, and it was discussed by three or four other people at various times, citizens of this area. I discussed this also with various ones at the AARP organization. I discussed it in two or three of the present bars that we have asking if there had been any particular demand that were not by the taxi service, and I had negative reports in most cases relative to any complaints or desire for additional service. Mayor Thompson: Is there any other person who wishes to speak as an opponent. Any other person in the audience tonight who wishes to speak in opposition to the application. Before we.return to questioning the applicant, I have some questions I have to ask the attorney, so if you will bear with me for just a minute. Mayor Thompson: (Continuing after discussion with Attorney) You heard the opponent indicating that there doesn't seem to be a need because he is perfectly able to meet the demand for the City of Beaumont based on figures of one vehicle for 1500. Do you have anything on there that demonstrates a need? Page 8 Mr. Aldrich: My simple response to that is that there is a sub- stantial number of people that will use the service if it is available to be used. By that I mean it is rather strange that we are getting all types of phone calls, particularly at night time, when none is available. I believe that need is there. The other is that what happens when the one existing cab is in for repairs, is transporting to Palm Springs, to Ontario, to Las Vegas, or wherever he mentioned that he goes - who handles your service during that period of time. I think the fact that we are going to have three vehicles available, and the fact that we are 24 hours per day, there is a definite need for the people who want to use the system. And I think - I see the same thing that I tried to explain to you before. He fights the Dial -A -Ride. I am not fighting the Dial -A- Ride. The Dial -A -Ride is something that is going to be there forever. But there are a number of people in both communities that have the finances that want to have their own personal service, in a well - equipped, clean and competitive taxi service. I believe that I can provide that service. Mayor Thompson: I indicated previously that I had a couple of other questions. Are taxicabs per.se - the safety criteria for a taxicab - are the same as any private vehicle or anything like this. Or are they more stringent. Mr. Aldrich: They are, in fact, more stringent from the standpoint that cities traditionally in the past have placed a greater emphasis on the safety of those vehicles. In recent years - recent months - that has begin.to change because there is no legislation that requires that vehicle to be of any safer condition than.a vehicle that is being driven on a public street. But cities have taken it upon themselves to exercise an inspection process in which would make sure that vehicle is, in fact, kept up to the maximum safety condition. Mayor Thompson: What you are saying is - that if the State licenses a vehicle as a commercial vehicle, then the inspection by the various licensing agencies in sufficient. Mr. Aldrich: Let me give you an example -- my tow trucks have to be inspected once a year by the California Highway Patrol, and they put their little sticker in the window. There is no requirement_ that a taxicab be inspected by the California Highway Patrol. However, when I applied for the City of Banning they took my vehicle down - put it on the rack - took the wheels off of it - looked at the brakes - looked inside the engine - checked the shocks - checked the tires - a little different. Mayor Thompson: You said something a minute ago. If anybody else has another question, jump in here because I don't want to . . . the reason I am asking this other question - you made the statement that you will service the Pass Area, which includes the County. Does the County require a permit to operate a taxi service in the County. Mr. Aldrich: No it does not. Mayor Thompson: I think the next question will be very obvious. Your address is in the County, is it not? Mr. Aldrich: Yes it is. Mayor Thompson: I have no more questions at this time. Councilman Lowry: I did have a question of Mr. Foster. I wanted to ask if he is licensed in Banning. Mayor Thompson: I will get to that in just a minute. I was looking - re- reading this ordinance here - 293 - a permit application is $25.00. What is the business license fee on something like this, Norm, do you remember. City Manager: No. There would be a precise fee depending on what classification that fell in as determined by the business license officer, I don't know what it is off -hand. The fact that he would Page 9 be an out -of -town operation coming into the City would be a little more expensive than if he had a business address inside the City. This is normal with all of our business licenses. Mr. Aldrich: I am currently paying $70.00 for the tow truck. City Manager: The minimum is higher than $50.00. I don't know what it is - $64.00 or something like that, but each class has its own license structure and, frankly, I don't know what class this would fall under off -hand. Mayor Thompson: Under Section 8 it was previously mentioned - it has to do with denial grounds. I don't know that denial is what we are going to do, but Section (e) - are you familiar with that Mr. Aldrich? Section 8, Subsection (e). Mr. Aldrich: Of the ordinance itself. I am familiar with it yes. Mayor Thompson: Do you have anything to submit in conjunction with Sub - paragraph (e) of Section 8. Mr. Aldrich: Well, first of all it doesn't apply to the existing taxicab you have in the community. Mayor Thompson: Well it says the applicant. Section 8, Subsection (e). Mr. Aldrich: Yes. That is the street number and the exact location of . . . Mayor Thompson: No. You are looking at that. I am looking at the ordinance - 293. Mr. Aldrich: I have no . . .(speaking away from the microphone - Unintelligible). Mayor Thompson: You don't have anything to submit on that, do you. Mr. Aldrich: No, I wasn't aware that. . . Mayor Thompson: The application doesn't say anything about that. Not that I am saying that there is anything, but that section of the ordinance does bring that to mind. Mr. Aldrich: Twenty -Five years in law enforcement, and no arrest record. I have one citation and that was a traffic accident I had here last year in the City of Beaumont. Mayor Thompson: Go ahead and make your comment, and then I will ask this other question. Mr. Aldrich: I guess I am really disappointed when I heard him say that I had in some way infringed on his insignia. In looking at my car and looking at his car, and his requirement, for the life of me I can't see how it occurred. If it has occurred he has my personal apology for it. It certainly was not meant to. My basic goal in painting those cars and my whole business was to be destinctive in its own, and that logo of mine stand out anywhere and I don't believe it would ever be mistaken for somebody elses. Councilman May: I feel that your interest in Beaumont taxi business is late, late night business. Is that what you are really after. Mr. Aldrich: That is where a lot of the business is at the present time. This gentleman has been in town a long time, and he is going to maintain his business - his share of it. There are going to be a lot of new people that are going to ride our cabs because of the type of service that we are going to provide. And I think we both can exist - he may have to work a little harder than he worked before because, yes, we are going to work the community, and we are going to try to build a decent business out of.it. You can make out of it what you want from the standpoint of surviving. Page 10 Kelm 21. Mayor Thompson: Is there anything else. Landy, the question that was asked at the Council table. Are you licensed in Banning. Mr. Foster: No. Only at the hospital. Councilman Lowry. Therefore, his vehicle is not checked under Banning's requirements. Mayor Thompson: No. Are you gentlemen ready to vote on some- thing tonight. Landy, could you explain - when I asked you about the Banning permit. Could you explain what that permit to the hospital is. I am not familiar with it. Mr. Foster: I applied for and got a regular Banning permit just to get to the hospital. But later on I never did use it only for the hospital. Later on, Beaumont City took in the medical center and that area, and the lady that ran the Banning cab wanted that badly. So she got her City Manager and I got Mr. Sparks and we met. It was agreed that I would pay one -half of the fee I had been paying - I had been paying $96.00 for the right to go to the hospital. And she would pay half of it to get to the medical center. Mayor Thompson: It was a cooperative thing. The two cities . . . Mr. Foster: Yes, it was worked out between the two cities. Mayor Thompson: Okay. Thank you. I didn't realize what was going on. In discussing these various comments from both sides, there is a concensus that we would like to adjourn the public hearing until our next regular Council meeting to review some of the testimony after it is typed, and to follow up on Section 8 - with various sub - sections of Section 8 to see how they apply to some of the testimony that has been given here tonight. So rather than close the Public Hearing at this time, we will adjourn the Public Hearing until . . . a more descriptive term would be to continue the hearing until June 13, 1983 at 8:00 P.M., which is the regular Council meeting. City Attorney: May I make a suggestion. I don't any of you gentlemen at all. I recognize that the City can't run a monopoly - just let one person in because they like the looks of the person. On the other hand, in a Public Hearing there ought to be some evidence produced. The applicant ought to come forward - he says that people call up Beaumont Taxicab - they don't answer the phone - or they.are out of town - or are not available. I think some positive evidence ought to be - an in -depth study. There is no one in the City who can undertake that. On the other hand, Beaumont Taxi ought to show - I picked up 550 passengers between the.hours of so and so, and that every call we have supplied the service. There ought to be some evidence - evidence of necessity from the applicant and showing of no necessity on the part of the opposition. We ought to have some positive proof, otherwise, we just have a lot of talk here. . . (Tape is changed. Discussion continues as follows.) Mayor Thompson: So we are going to continue this hearing until June 13, 1983, at 8:00 P.M. ORAL COMMUNICATION: There were no requests for oral communication. Decision by the City Council on the Question of Requesting Arbi- tration of Payment of Uniform Allowance to Police Clerk - Dispatchers. Page 11 22. On Motion by Councilman Lowry, second by Councilman Shaw, the City Council of the City of Beaumont directs that the findings of the Grievance Board be rejected, and the matter of the Police Clerk - Dispatcher uniform allowance grievance be submitted to binding arbitration through the American Arbitration Association, with the City paying one -half of the $200.00 minimum fee, and the Employee's Association paying the remaining one -half of the fee. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Presentation of Floral Piece at Memorial Day ceremonies. On Motion by Councilman Shaw, second by Councilman May, the City Council of the City of Beaumont directs that a floral piece be furnished by the City of Beaumont for Memorial Day services on Memorial Day, within a reasonable cost range. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. There being no further business to come before the Council, the meeting was adjourned to 3:00 P.M., on Tuesday, May 31, 1983, in the City Council Chambers, at 9:05 P.M. Page 12 Respectfully submitted, C CLERK BEAUMONT CITY COUNCIL MINUTES OF SPECIAL MEETING OF MAY 19, 1983 1. The Beaumont City Council met in a special meeting at 7:05 P.M., on Thursday, May 19, 1983, in the City Manager's Conference Room, with Mayor Thompson presiding. 2. On Roll Call the following Council Members were present: May, Shaw, Hammel, Lowry and Mayor Thompson. 3. The meeting was then adjourned to a study session for the purpose of review and discussion of the proposed 198$- 841budget draft presenta- tion. 4. The study session was adjourned to an executive session for personnel discussion at 10:20 P.M. The meeting was reconvened to regular session at 11:15 P.M. 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 11:16 P.M. Respectfully submitted, BEAUMONT CITY COUNCIL MINUTES OF SPECIAL MEETING OF MAY 11, 1983 1. The Beaumont City Council met in a special meeting at 3:00 P.M., on Wednesday, May 11, 1983, in the City Manager's Conference Room, with Mayor Thompson presiding. 2. On Roll Call the following Council Members were Present: Shaw, Hammel, Lowry and Mayor Thompson. Council Member May was excused. 3. RESOLUTION NO. 1983 -23 - Amending Resolution No. 1983 -21 to Re -Set the Date of Hearing on a Proposed.Resolution of Necessity to Acquire Certain Property for the Cherry Avenue Sewer Line. On Motion by Mayor Thompson, second by Councilman Shaw, the City Council of the City of Beaumont adopts Resolution No. 1983 -23 re- setting the date of hearing on a proposed Resolution of Necessity for Tuesday, May 31, 1983, at 3:00 P.M., in the City Council Chambers, 550 East Sixth Street, Beaumont, California. AYES: Councilmen Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman May. There being no further business to come before the Council, the meeting was adjourned at 3:10 P.M. Resp fitfully submitted, uty City Clerk BEAUMONT CITY COUNCIL MINUTES OF MAY 9, 1983 The Beaumont City Council met in a regular meeting at 7:30 P.M., on Monday, May 9, 1983, in the City Council Chambers, with Mayor Thompson presiding. The Invocation was given by Pastor Dean Belleau, Seventh -Day Adventist Church. The Pledge of Allegiance to the Flag was led by City Manager Norman Davis. On Roll Call the following Council Members were present: May, Shaw, Hammel, Lowry and Mayor Thompson. 1. There being no additions, corrections or deletions, the Minutes of Regular Council Meeting of April 25, 1983 were approved as submitted. 2. There being no objections, the Minutes of Regular Planning Commission meeting of April 19, 1983 were accepted for filing. 3. On Motion by Councilman Shaw, second by Councilman May, warrants as audited per Warrant List of May 9, 1983, in the amount of $36,350.98 and Payroll of April 21, 1983, in the amount of $25,775.38, were approved for payment as audited. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 4. Reconsideration of Previous Action on Request to Purchase. Trees for 6th Street Median. Motion by Mayor Thompson to reconsider the motion to purchase three deodor trees pending research pertaining to possible telecommunication and gas lines which run under the 6th Street median site, died for lack of a second as the research revealed no problem existed. 5. PROCLAMATION - Relative to Child Abuse Awareness Week. On Motion by Councilman Shaw, second by Councilman May, the City Council of the City of Beaumont proclaims the week of May 16 through May 21, 1983 as Child Abuse Awareness Week. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 6. ORDINANCE NO. 547.1 - FIRST READING - Amending Ordinance No. 547 to Repeal Certain Ordinances Related to Land Divisions in the City of Beaumont. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont passes Ordinance No. 547.1 at its first reading by title only. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 7. ORDINANCE NO. 567 - FIRST READING - Regulating the Construction of Garden Walls, Retaining Walls and Front Yard Walls and Fences. On Motion by Councilman Hammel, second by Councilman May, the City Council of the City of Beaumont passes Ordinance No. 567 at its Page 1 first reading by title only, with amendment to garden wall speci- fications, marked Exhibit "A ", reflecting that 3" be added to the bottom of the footing below grade, making a total required of 12 ". AYES: Councilmen May, Shaw, Hammel and Lowry. NOES: Mayor Thompson. ABSTAIN: None. ABSENT: None. Agenda Items No. 8 and 9 were taken out of sequence in order to open the public hearing noticed for 8:00 P.M. 10. PUBLIC HEARING - 8:00 P.M, - Tentative Tract Map No. 19149. Location: South Side of Brookside Avenue approximately 660 feet west of Noble Street. The Public Hearing was opened at 8:00 P.M. Mr. Steve Pleasant, CM Engineering, representing the applicant DEVCORP, stated they concurred with.City Staff and the City Engineer on the Conditions of Approval; and further stating the project as shown on the map is essentially the same as was presented on the specific plan proposal. Councilman Hammel: Mr. Pleasant, where is CM Engineering located. Mr. Pleasant: San Bernardino. 225 East Airport Drive. Councilman Lowry: You say you agree with all the conditions of the Planning.Commission. Item 12 - all lots created by this subdivision shall have a minimum area of 4000 square feet net. I find here that there are a number of lots that I can see the dimensions on, and there are some along the right hand side that I don't know what the dimensions are - but there are fifteen lots that don't comply, they only have 3,825 square feet in them. Mr. Pleasant: This is a tentative map. We will have to comply with that requirement. They are short by a hundred feet or so, but those are round numbers. They have also another condition on there re- quiring 3600 square foot usable area . . . Councilman Lowry: That is if there is an easement on there which will increase the lot area total available for yard purposes, but not for building on. Mr. Pleasant: We have been working with staff on the design and I don't feel we will have any problem with that. Councilman Lowry: What bothers me a little bit is that we have.a future street which is going to be 88 feet wide, and then we have "B" Street, and these lots are 85 foot deep and they front on both streets - a through lot. Mr. Pleasant: Well, what happens in a situation where you have a major highway - we do not allow access. There would be non - vehicular access with a landscaped area with a masonry type wall . Councilman Lowry: Masonry wall on the perimeter, I see. Mr. Pleasant: Otherwise - standard practice to allow access . . . Councilman Lowry: These are some of the lots that don't comply in area size also and evidently there can't be a major easement in that area, but you say you are going to rework it to comply with the conditions. Councilman Shaw: On these lot lines - what sort of siding or roof are you going to put on. What is the recommendation of the fire department? Any sort of fireproofing, because they are so close to one another my concern is heat convection in the event that one of them gets on fire. What measures are going to be taken? Page 2 Mr. Pleasant: Those are our concerns also. The main feature of the house is to provide a single family type of dwelling in the higher density type of situation, and what we have done is to offset - allow the unit to be right adjacent to the property line and allow the ten foot side yard area, that would be used by that property owner, and the unit that is sitting on the lot line would not have any windows along that side at all . . . But we would meet all the fire requirements. The fire department did comment on it, We will meet the fire flows and the one hour fire wall, or what ever they require. They will be reviewing our plans. That is part of your conditions. Councilman Shaw: That would be on the side where they don't have the ten foot areas? Mr. Pleasant: Right. Whatever the standard building code also requires. Then the type of roofing is your asphalt shingle type - not the shake. Councilman May: Is that sort of a fiberglass? Mr. Pleasant: Yes. Gary Croft: There will be at least ten feet between the structures. They are not closer than ten feet. Councilman Lowry: My question was, I read somewhere or heard some- where there was going to be a three foot easement required along the zero lot lines to allow maintenance on that wall and so forth. Mr. Pleasant: The way it works out is a little confusing, but you actually have a lot line centered between - so there is five foot on each side of the lot line. In other words, I own one house and you own the other house, and our lot line is five foot away from our wall. And that is permitted by codes now. What makes this unique is that on my side where I had a blank wall I will have an easement to you that you would be allowed to use my five feet, but I would also be able to go over and maintain my wall, it would be my property, but it would allow you access to it. What you are trying to avoid on this is that you don't have a no man's land. Typically you have a five foot sideyard on each side of the building, and it is just a weed area, but here it actually becomes a useful area, and with the lots being that small you end up getting more usable area that way. The density allowed on our specific plan is eight units per acre. We actually come in with a little above five, which is pretty low density considering what is per- mitted in the R -3 zone. Instead of having attached multiple family units, we have attempted to spread them out a little bit to give them light and air, and have a single family type environment. Councilman Shaw: And what will be the hydrant pressure in that area. Do you have any idea. Mr. Pleasant: The minimum required is 500 gallons per minute, but I am sure . . . Councilman Shaw: Is that a two hour rating? Mr. Pleasant: I am sure it will be at least that. We are going to have to bring water into the site. Mayor Thompson: I have a question here on the conditions of appro- val, No. 19. It.states here a fee of $150.00 per lot, in addition to the basic services facility fee.for signalization on Beaumont Avenue. Whereabouts on Beaumont Avenue? Mr. Pleasant: It has been indicated their preference is 14th Street. Mayor Thompson: It didn't say on here. I just wanted to know. Page 3 Councilman Lowry: There is another condition, No. 13. Streetlights shall be provided through the development. I would like to know what the maximum spacing will be called for on the lights. And the second sentence - a street lighting improvement maintenance district shall be created for the area. A landscaping and street lighting improvement maintenance district, I think, is the proper wording, isn't it? Is that the proper term according to the 1972 Act . . . Gary Croft: There are two different options for paying for the off -site improvements in terms of the on -going maintenance costs. One would be the street lighting district, which is basically reserved for strictly streetlights, or landscape maintenance district which can include other street functions - off -site im- provements as well as the . . . including lights. So, in terms of the spacing, the recommendation would be based on an Edison standard - Edison Company standard for streetlight spacing. Councilman Lowry: Do you know what that is? Gary Croft: I believe it is every 200 feet, and at intersections. Councilman Lowry: Have you any objection to adding the word land- scaping and street lighting improvement maintenance district? Mr. Pleasant: That was amended at the Planning Commission. City Manager: Yes, that is what I thought and I was surprised it wasn't in here. I think it should be because this is a more precise type of district and the other can create some problems, because we have certainly found out that we are collecting nothing - not a penny under our old street lighting maintenance district in this City. All the funds are coming in within eleven cents, and we are paying for the lights out of those. There is no longer a street lighting district that grows with the City. Mayor Thompson: It says here, No. 21 construction of all dwelling units shall conform substantially to Exhibit "B" on file in the Planning Department. What is Exhibit "B "? Gary Croft: Exhibit "B" in to be submitted prior to the recording of the final map. Basically it will be a layout showing the dwelling. They have submitted a tentative one, and in their letter they submitted with that it indicated the problem of submitting a final because of the changes in the energy requirements which would possibly take effect in about a month and one -half. They are holding off in submitting those depending on how the final outcome of those energy regulations occur because that will affect the design. It affects the window areas of the dwelling. Mayor Thompson: In other words, what we are really talking about is elevations. Gary Croft: Yes, the elevation view, and the plan view. As you see on the map, in the corner - on the lower left -hand corner - there is a tentative spacing and footprint of a typical unit as they would appear. What Exhibit "B" is, in effect, is a more detailed layout, including elevations. I do have some sample elevations similar to what they propose to put in, however, because of the energy regulations these are not the final ones. Mayor Thompson: What governmental agency was it - was it the County - that got involved on this particular thing when they came in with the final elevations and they weren't acceptable, or something like that. What am I remembering. Gary Croft: I am trying to recall. Mayor Thompson: We.have another look at this on the final approval. This is the tentative. Gary Croft: Yes. This is the tentative. Basically it amounts to Page 4 the "have to meet ".conditions as you recommend and approve them. Then, once they have met the conditions, or are in the process of meeting those, they submit those either to the City Engineer or the Planning Department depending on the type of requirement. We certify that they have been completed, and then submit them to you for final approval, and having the map recorded. Mayor Thompson: Maybe what I am trying to say is that on No. 25 it says - Exhibit "B" shall be approved by the Planning Department prior to recordation of the final map. We don't see the final elevations? Gary Croft: Yes. They will be submitted as part of.the final package. The staff does not record the map. You have to give the okay to record it. At the time that request is made of you, that will be part of the package that you will see. Mayor Thompson: I just didn't want to have a hassle here, because we may not agree. But all the package comes together for final approval before recordation? Gary Croft: Yes. Mayor Thompson: In other words we are then accepting the tentative conditions subject to final approval of the final map. Gary Croft: That is correct. Mayor Thompson: One.other question. On the tentative conditions, No. 20 -c. Say we have this thing all approved, final, recorded, everything, and the developer builds a house and decides to sell the tract - everything. The purchaser, then, has to abide by the approved plans for the development of that piece of property. Gary Croft: He would have to sell it as a unit, and he would be under the same conditions. Mayor Thompson: He would then have to follow the same approved plan. Is there anyone else - is there anyone in the audience who wishes to speak on any other facet of this discussion. Anyone else out there who would like to cover a portion of the subject that has not been covered? There being no opponents, or further input from the audience, the Public Hearing was declared closed at 8:25 P.M. On Motion by Mayor Thompson, second by Councilman Shaw, the City Council of the City of Beaumont accepts Tentative Tract Map No. 19149 as submitted, except that Condition No. 13 be changed to read "a district under the 1972 Landscape and Maintenance District Act shall be created "; and Condition No. 19, signalization shall be at Beaumont Avenue and 14th.Street; and further adopts a negative declaration on the Environmental Impact for Tract No. 19149. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 11. PUBLIC HEARING - Change of Zone No. 1008. Location: Highway 60, San Timoteo Canyon Road (Annexation No. 29 /Danner). The City Manager explained the law specifies that within four months following the adoption of an interim zone change that you must hold a hearing and adopt a permanent change of zone, and that is what the Council is doing tonight to apply to this property that has made a request for annexation to come into the City. The Public Hearing was declared open at 8:30 P.M. Questions from the Council were answered by Gary Croft, Chief Planner. Mr. Lymon Burhop, 1162 Pennsylvania: What is the proposed zone Page 5 EM RP change applied to this property? Mayor Thompson: Planned Residential Development and Open Space Reserve. Lymon Burhop: Where does this include a sewer plant or anything of this type on the development. Mayor Thompson: That would be on the Specific Plan. All it is - is proposed. Lymon Burhop: I was wondering if there was any sewer plant pro- posed in this type of zoning, and I think the property owners in San Timoteo - their group - would appreciate any notice on that. Mayor Thompson: All we are doing now is approving a zone change for a planned residential development and open space reserve. What happens later will be determined by a specific plan. Lymon Burhop: I just hope this is not opening a door for just a blanket sewer plant put out there without future study or approval by the people down on San Timoteo Road. Mayor Thompson: Nothing can develop on there without being part of a specific plan. Lymon Burhop: I am not speaking for myself personally, but being in the group at the Riverside hearings and talks, I feel they would want to be aware of any sewer plant site being put out there. City Manager: Beaumont sewer water goes down past them now. Lymon Burhop: They are also worried about odor. The same problem we had at the Yucaipa plant location. Mayor Thompson: This public hearing is a zone change for 480 acres. The location has been indicated as to where it is. The surrounding zoning in the area is W -2 and R -1. Existing land use is vacant. The surrounding land use is vacant, and the utilization of the area if this zone is approved would be planned residential development and open space reserve. In.making the zone change there appears to be no negative -- the environmental assessment of this parti- cular zone change is negative. Councilman Hammel: If I understand you right, we are voting on the zone change? Mayor Thompson: The zone change only. Are there any other questions or other input? There being no further input from the audience the public hearing was declared closed at 8:40 P.M. On Motion by Councilman Lowry, second.by Mayor Thompson, the City Council of the City.of Beaumont approves Zone Change No. 1008, and adopts a Negative Declaration for this zone change. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: Councilman Hammel. ABSTAIN: None. ABSENT: None. ORDINANCE NO. 569 - FIRST READING - Repealing Ordinance 536 and Amending Ordinance 525, Section IV to Provide for the Extension of all Provisions of Ordinance 525 to July 1, 1985. This ordinance was continued until the next regularly scheduled Council meeting on May 23, 1983. ORDINANCE NO. 571 - FIRST READING - Repealing Ordinance 559, which approved and adopted the Beaumont Community Improvement Plan and Project Area, as amended. Page 6 12. 13. 14. 15. On Motion by Councilman Shaw, second by Councilman May, the City Council of the City of Beaumont passes Ordinance No. 571 at its first reading by title only. The ordinance was read by title only by the City Clerk. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. RESOLUTION NO. 1983 -21 - Setting a Hearing on a Proposed Resolution of Necessity to Acquire Certain Property for the Cherry Avenue Sewer Line. On Motion by Councilman Shaw, second by Councilman Hammel, the City Council of the City of Beaumont adopts Resolution No. 1983 -21 AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Request for Certification of Population Estimate. On Motion by Councilman Shaw, second by Councilman Lowry, the City Council of the City of Beaumont endorses the State Department of Finance population estimate, and authorizes the City Manager to submit a request for certification to the Department of Finance, Population Research Unit, of 7,561 people as the population of the City of Beaumont as of January 1, 1983. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Set Date for Hearing on Appeal Filed by Floyd Hamner of Ruling by License Control Officer. On Motion by Councilman Shaw, second by Councilman May, the City Council of the City of Beaumont sets the date of June 13, 1983, at 8:OO P.M., in the City Council Chambers, for hearing on appeal filed by Floyd Hamner of Ruling of License Control Officer. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Recommendation Regarding Acceptance of Completion of Work - Wastewater Treatment Plant Expansion. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont accepts the work performed by DVY Construction on Project C -06- 1397 - 110 -01 as recommended by the City Engineer; directs that the Notice of Completion be recorded with the County Recorder; and authorizes final payment as recommended and relative to requirements of the specifications. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 16. Request for Budget Adjustment to Cover Dial -A -Ride Fuel Increase. On Motion by Councilman Shaw, second by Councilman May, the City Council of the City of Beaumont authorizes budget adjustment in Fund 40 -700, Transit, from Accounts 40- 700 -230, 239, 225 and 253 to Account 40- 700 -250 to cover Dial -A -Ride fuel increase. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Page 7 17. SUBMITTAL OF REPORTS FOR FILING: Report of Planning Commission Actions at Meeting of May 3, 1983 and General Fund Financial Report for month ending April 30, 1983 were ordered filed. 18. ORAL COMMUNICATION: There were no requests for oral communication. ADD ITEM 21. RESOLUTION NO. 1983 -22 - Directing That No Item May Be Added to the Printed Agenda Unless by a Concensus of a Majority of the City Council. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont directs that no item may be added to the printed agenda at any meeting unless it has been disclosed at the study session by the City Manager, Mayor or Councilman, and the concensus of the majority of the City Council decides to either add it to the agenda of that meeting, reject it, or hold it over for future study. AYES: Councilmen May, Shaw, Hammel, Lowry. NOES: Mayor Thompson. ABSTAIN: None. ABSENT: None. 19. The City Council adjourned to Executive Session for Personnel Dis- cussion at 9:15 P.M. 20. The City Council reconvened to Regular Session at 9:45 P.M. Let the record show that the discussion involved personnel matters with legal overtones, and there was no definitive action taken in the Executive Session. The attorneys will continue to process the case under discussion, and since it is under litigation there is no further comment that can be made at this time. There being no further business to come before the Council, on Motion by Councilman Lowry, second by Councilman Hammel, the meeting was adjourned at 9:46 P.M. Respectfully submitted, IR NE J C EENEY, CITY C RK Page 8 BEAUMONT CITY COUNCIL MINUTES OF APRIL 25, 1983 The Beaumont City Council met in a regular meeting at 7:35 P.M., on Monday, April 25, 1983, in the City Council Chambers, with Mayor Thompson presiding. The Invocation was given by Reverand Bob Whited, Cherry Valley Brethren Church. The Pledge of Allegiance to the Flag was led by Mayor Thompson. On Roll Call the following Council Members were present: May, Shaw, Hammel, Lowry and Mayor Thompson. Prior to proceeding with the agenda, Mayor Thompson made the following motion: On Motion by Mayor Thompson, second by Councilman Shaw, the City Council of the City of Beaumont revokes the unilateral action whereby the title of Chief of Police has been assumed by the City Manager, since these multiple duties could possibly restrict the objectivity required when fulfilling the other mandated duties as administrative head of the City. AYES: Councilmen May, Shaw and Mayor Thompson. NOES: Councilmen Hammel and Lowry. ABSTAIN: None. ABSENT: None. 1. There being no additions, corrections or deletions, the Minutes of Regular Council Meeting of April 11,1983 and Adjourned Council Meeting of April 12, 1983 were approved as submitted. 2. There being no objections, the Minutes of Regular Planning Commission meeting of March 29 and Special Meeting of April 12, 1983 were accepted for filing as presented. 3. On Motion by Councilman Shaw, second by Councilman Hammel, warrants as audited per Warrant List of April 25, 1983, in the amount of $52,429.92, and Payroll of April 7, 1983, in the amount of $25,319.34, were approved for payment as audited. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 4. RESOLUTION NO. 1983 -19 - Opposing Binding Interest Arbitration. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont adopts Resolution No. 1983 -19. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: Councilman Hammel. ABSTAIN: None. ABSENT: None. 5. RESOLUTION NO. 1983 -20 - Requiring Candidates for City Offices to Pay the Cost of Candidates Statements. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont adopts Resolution No. 1983 -20. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. -1- 6. Request for Reimbursement Due to Sewer Back -Up. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont denies the request of Loda and Edith Rogers for reimbursement of costs due to sewer back -up. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 7. Request from Bavarian Squares for Reduced Facility Fee for Pavilion. On Motion by Councilman Hammel, second by Councilman Lowry, the City Council of the City of Beaumont directs that the Bavarian Squares be charged a reduced fee of $15.00 per night for use of the pavilion. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 8. Request from Mr. A. L. Aldrich to Operate Taxicab Service in City of Beaumont. No action was taken on this request. Mr. Aldrich was advised to submit an application through normal procedures as stated in the Ordinance referring to taxicabs (Ordinance 293). 9. This agenda item was moved to the end of the agenda to be considered following the Executive Session. 10. Request for Budget Adjustment to Cover Projected Utility Costs in Parks. On Motion by Mayor Thompson, second by Councilman Shaw the City Council of the City of Beaumont authorizes budget transfers to cover projected utility costs as outlined in Request for Budget Adjustment dated April 19, 1983. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 11. Submittal of Reports for Filing: a. Information Report - HUD Audit, Riverside County Community Development Block Grant Program. b. Report of Planning Commission Actions at Meeting of April 19, 1983. C. Statement of Operations for Beaumont Community Improvement Agency for Period Ending March 31, 1983. d. Financial Report for Period Ending March 31, 1983. e. Current Revenue and Expenditure Report. The City Manager presented the Council with background information on the HUD Audit Report and on the Current Revenue and Expenditure Report. There being no objections, all reports were ordered filed. 12. ORAL COMMUNICATION: a. Mr. Larry Gordon, 1284 Pennsylvania, Relative to Removing Ordinance No. 559 from City Ordinances. Mr. Larry Gordon addressed the Council requesting that some action be taken to remove Ordinance No. 559 as a City Ordinance, and was informed there had been other matters more pressing, although it has not been forgotten, nothing has been done at this time, but will hope to get it on the -2- next Council Agenda. b. Mr. Irish Mitchell, 402 E. 6th Street, relative to Police matters. Mr. Mitchell addressed the Council stating he was going to run for City Council in November and further stating the platform on which he planned to run. 13. On Motion by Councilman Hammel, second by Councilman Lowry, the City Council adjourned to Executive Session regarding Personnel at 8:35 P.M. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 14. On Motion by Councilman Hammel, second by Councilman Lowry, the City Council reconvened to Regular Session at 10:20 P.M. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 9. Request for Creation of Temporary Police Position. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council creates one temporary position as Deputy Chief of Police with the duties to be determined by the City Manager AYES: Councilmen May, NOES: Mayor Thompson. ABSTAIN: None. ABSENT: None. Shaw, Hammel and Lowry. Motion by Councilman May to rescind the previous motion revoking the title of Chief of Police assumed by the City Manager died for lack of a second. ADD ITEM 15. Request to Purchase Trees for 6th Street Median. On Motion by Mayor Thompson, second by Councilman Lowry, the City Council authorizes the purchase of three deodor pine trees, 18 -20 feet in 60" boxes, at a cost of $340.00 each, with the funds to be taken from the 6th Street Median landscaping project. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: Councilman Hammel. ABSTAIN: None. ABSENT: None. There being no further business to come before the Council, on Motion by Councilman Shaw, second by Councilman Lowry, the meeting was adjourned at 10:29 P.M. Respectfully submitted, I3 NE JOYQE SW NEY, CITY CLFtK MCI! BEAUMONT CITY COUNCIL MINUTES OF APRIL 11, 1983 The Beaumont City Council met in a regular meeting at 7:31 P.M., on Monday, April 11, 1983, in the City Council Chambers, with Mayor Thompson presiding. The Invocation was given by Ray Velez, Beaumont Police Department. The Pledge of Allegiance to the Flag was led by Councilman May. On Roll Call the following Council Members were present: May, Shaw, Hammel, Lowry and Mayor Thompson. 1. There being no additions, corrections or deletions, the Minutes of Regular Council Meeting of March 28, 1983 and Special Council Meeting of April 6, 1983 were approved as submitted. 2. There being no objections, the Minutes of Regular Planning Commission meeting of March 15, 1983 were accepted for filing. 3. On Motion by Councilman Shaw, second by Councilman Lowry, warrants as audited per Warrant List of April 11, 1983, in the amount of $51,999,49; and Payroll of March 24, 1983, in the amount of $25,683.55, were approved for payment as audited. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 4. PROCLAMATION - Relative to Victims Rights Week. On Motion by Councilman Shaw, second by Councilman May, the City Council of the City of Beaumont officially acknowledges April 17 -23, 1983, as "Victims Rights Week ". AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 5. ORDINANCE NO. 560 - SECOND READING - To Implement the Permit Streamlining Act (AB -884). On Motion by Mayor Thompson, second by Councilman Lowry, the City Council of the City of Beaumont adopts Ordinance No. 560 at its second reading, by title only, subject to the following corrections: On Page 6, Item No. 2. The title shall be changed to read 30 day time limit rather than 15 day time limit. The first sentence of this paragraph will be deleted in its entirety. The date shown in the second sentence shall be changed to read January 1, 1983 rather than January 1, 1980. The Ordinance was read by title only by the City Clerk. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Page 1 0 7. Q EM RESOLUTION NO. 1983 -17 - Requesting the Legislature and the Governor to Support AB 1867 Relating to Joint and Several Liability. The resolution was read in its entirety by the City Clerk. On Motion by Councilman Lowry, second by Councilman Shaw, the City Council of the City of Beaumont adopts Resolution No. 1983 -17. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. RESOLUTION NO. 1983 -18 - Reciting the Fact of the Special Municipal Election Held in Said City on April 5, 1983, Declaring the Results Thereof and Such Other Matters as are Provided by Law. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont adopts Resolution No. 1983 -18. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. (Out of Sequence) Consideration of Request from Pass Area Slo -Pitch Softball Association for Use of Ball Field at Stewart Park. On Motion by Councilman Lowry, second.by Councilman Shaw, the City Council of the City of Beaumont approves the application of the Pass Area Slo -Pitch Softball Association for use of the ball field at Stewart Park for a facility use fee of payment of 100% of the electrical utility bill from April l to July 1, 1983, and from July 1, 1983 to December 31, 1983, payment of 100% of the electrical utility bill plus $50.00 per month; with the City to pro -rate the electrical utility bill during June when the Cherry Festival is held. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. PUBLIC HEARING - 8:00 P.M. - Revenue Sharing Proposed Use Hearing. The Public Hearing was opened at 8:02 P.M. The City Manager read the public notice which was published in the newspaper. The Mayor invited anyone in the audience who wished to speak to come forward. Mr. George Connors asked how much would be received, and was informed that at this time, the City did not know whether we would receive anything at all, and if so.how much that would be, since the Congress and the President would have to adopt a new bill authorizing this program to continue. The audience was informed this public hearing is being held so that if the program is continued, the City will have met its legal re- quirement of a Revenue Sharing Proposed Use Hearing in order to .receive the money. Pat Renna asked if the money was designated for the Police Department at this time, could the money then be changed to something else later, or would it definitely have to be used for the original designation, and was informed that once it has been designated for Page 2 10. 11. a certain purpose in the budget, it is very difficult to change it within the budgetary process. The City Manager added that if,_as a result of this hearing, the decision was made to use the revenue sharing funds for the Police Department, and then, at a later date, used the money for something else, at the point in time when we were audited - which is every three years - if we had used the money for something other.than that which was decided in this public hearing, we would never get another federal dollar again. You can only spend it for that which you hold the hearing for and make the final determination on. Mrs. Renna stated for the record that she feels the money should be used for the Police Department. Mr. L. E. MacCreary, 1330 Avalon, addressed the Council, stating that if any money is received from revenue sharing, it go to the Police Department. Mr. Irish Mitchell, 402 E. 6th Street, addressed the Council stating the federal revenue sharing money, if received, be allocated to the Police Department for the express purpose of wages of officers of record. Mr. C. E. Manning, 1160 Pennsylvania, addressed the Council, stating the only way to go would be to give the money to the Police Depart- ment again this year. The Mayor asked if there was anyone else who wished to speak to this issue. There being no further public input, on Motion by Councilman Shaw, second by Councilman Lowry, the Public Hearing was declared closed at 8:20 P.M. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Recommendation Regarding Purchase of 1978 Plymouth Station Wagon for Transportation Department. On Motion by Councilman Shaw, second by Councilman May, the City Council of the City of Beaumont approves the purchase of the 1978 Plymouth Station Wagon by the Transportation Department. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. ORAL COMMUNICATION: a. Mr. Paul Clack, PERC representative, Relating to Proposed Layoff. Mr. Clack spoke at length to the Council concerning the action taken recently regarding layoffs -of certain City personnel, and stating further the City was in violation of Government Code and the current MOU by not having a meet and confer session with the employee groups prior to taking the action. He concluded his statement with the request that the Council postpone any action in Executive Session tonight until such time as the City Manager had met in the meet and confer session which is scheduled for Tuesday, April 12. b. Mr. Irish Mitchell addressed the Council stating he had a series of documents with him which called attention to a possible financial problem by July of 1983 which he had compiled in 1981. Page 3 C. Mr. Jim Schulties, 1176 Euclid, addressed the Council stating he has been a citizen since 1960, and at that time the City had a Fire Department, a garbage department and a police department. We have now lost the fire department and the garbage department, and looks as if we may lose the Police Department, and wanted to know where the management comes in when we lose everything. Mayor Thompson then.asked Ronney Wong, Finance Director, to give the citizens the revenue projection he has at the present time. Mr. Wong then presented his revenue projection, both at the beginning of the year, and the current situation with the State's retention of subventions which were projected as being received at the beginning of the fiscal year. Mr. Wong then answered questions from the audience. Other members of the audience addressing the Council stating their position regarding the financial problems within the City of Beaumont were: Mr. Jim Schulties, 1176 Euclid. Mr. Jim Melvin, 1425 Cherry Avenue Officer John Hackman. Sergeant Ray Justice, speaking as a businessman in the City. Mrs. Pat Renna 12. On Motion by Mayor Thompson,.second by Councilman Lowry, the City Council adjourned to Executive Session for personnel discussion at 9:20 P.M. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 13. The Council reconvened to regular session at 10:50 P.M. Let the record show the discussion in Executive Session discussed personnel consideration, and no action was taken in Executive Session. There being no further business to come before the Council, on motion by Mayor Thompson, second by Councilman Lowry, the meeting was adjourned to Tuesday, April 12, 1983, at 7:00 P.M., in the City Council Chambers, at 10:54 P.M. Respectfully submitted, 'l TPyRNE JOYCE SWEENEY, CITY CLERK Page 4 BEAUMONT CITY COUNCIL MINUTES OF ADJOURNED MEETING OF APRIL 12, 1983 (Adjourned from April 11, 1983) The Beaumont City Council met in an adjourned meeting at 7:00 P.M., on Tuesday, April 12, 1983, in the City Council Chambers, with Mayor Thompson presiding. On Roll Call the following Council Members were present: May, Shaw, Hammel, Lowry and Mayor Thompson. Prior to proceeding with the agenda, Mayor Thompson announced that Commander Jim Schulties, of the Beaumont Police Department Reserves, had a presenta- tion to make. Commander Schulties presented a check in the amount of $3,000 to Reserve Coordinator Lenny Howlett, which was the result of a project whereby Dennis Davenport, of Lloyds Bank, allowed the reserves to tear down a building next to the bank. Commander Schulties also asked that Dennis Trosper, of Beaumont Concrete, and Bud James be recognized for the assistance and time given the reserves on both this project and the firing range project, and Mike Baldi, of Baldi Bros. Construction, for the use of their equipment and drivers plus his own time in operating a skiploader all day. 3. Consideration Regarding Cherry Avenue Sewer Easement. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont accepts Recommendation No. 1 contained in the Willdan letter, which is to seek Court approval for a not -to- exceed amount of $750.00 for the sewer right -of -way on Cherry Avenue AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: Councilman Hammel. ABSTAIN: None. ABSENT: None. 4. On Motion by Mayor Thompson,.second by Councilman Lowry, the City Council adjourned to Executive Session regarding personnel at 7:15 P.M. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 5. On Motion by Mayor Thompson, second by Councilman Hammel, the City Council reconvened to regular session at 9:18 P.M. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Let the record show no definitive action was taken in Executive Session, however, a consensus was reached, and based on the dis- cussion the following action will now be taken in regular session. On Motion by Mayor Thompson, second by Councilman Hammel, the City Council of the City of Beaumont rescinds the action of the -City Council on April 6, 1983, which approved a reduction in the City staff, effective immediately; and further, in order to effect a change in management direction, funding for the position of Chief of Police will be eliminated. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Page 1 On Motion by Mayor Thompson, second by Councilman Hammel, the City Council of the City of Beaumont directs that the furlough days previously discussed for the City employees be implemented by meet and confer with the City Manager to create a.schedule of the least inconvenience to the City and the persons involved. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. There being no further business to come before the Council, on Motion by Councilman Lowry, second by Mayor Thompson, the meeting was adjourned at 9:30 P.M. Respectfully submitted, IRENE JOYCE SWEENEY, CITY CLVRK Page 2 BEAUMONT CITY COUNCIL MINUTES OF SPECIAL MEETING OF APRIL 6, 1983 The Beaumont City Council met in a Special Meeting at 7:06 P.M., on Wednesday, April 6, 1983, in the City Manager's Conference Room, with Mayor Thompson presiding. On Roll Call the following Council Members were present: May, Shaw, Hammel, Lowry and Mayor Thompson. 1. Consideration of Financial Report. The Finance Director, Ronney Wong, presented his report to the Council, explaining the first two pages were for the current fiscal year and pertained to General Fund only, with no restricted funds included. The general projection for the balance of fiscal year 1982 -83 shows a deficient in the amount of $107,603. Questions from the Council concerning this portion of the report were answered by the Finance Director and the City Manager. The financial projection for fiscal year 1983 -84 was also pre- sented by the City Manager and Finance Director, with a projected deficient of $471,151. A general discussion of the report followed, with members of the Council, the City Manager and the Finance Director participating. 2. On Motion by Councilman Shaw, second by Councilman Lowry, the Council adjourned to Executive Session for Personnel discussions at 7:45 P.M. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 3. On Motion by Mayor Thompson, second by Councilman Lowry, the Council reconvened to regular session at 10:15 P.M. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Let the record show there was extensive discussion but no definitive action taken in Executive Session. As a result of discussion in Executive Session the following action was taken in regular session. On Motion by Councilman Shaw, second by Councilman Lowry, the City Council of the City of Beaumont accepts the modified report in regard to personnel, effective immediately, for expenditure reduc- tion as a method of alleviating the proposed deficient, with an additional meeting to be held for further review following the April 11 meeting. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. On Motion by Councilman Lowry, second by Councilman May, the meeting was adjourned at 10:21 P.M. Resp-eqtfully submitted, y City Clerk BEAUMONT CITY COUNCIL AND BEAUMONT COMMUNITY IMPROVEMENT AGENCY MINUTES OF MARCH 28, 1983 The Beaumont City Council and Beaumont Community Improvement Agency met in a regular meeting at 7:30 P.M., on Monday, March 28, 1983, in the City Council Chambers, with Mayor /Chairman Thompson presiding. The Invocation was given by Reverand George Kreiger, 1st Christian Church. The Pledge of Allegiance to the Flag was led by Councilman Shaw. On Roll Call the following Council /Agency Members were present: May, Shaw, Hammel, Lowry and Mayor /Chairman Thompson. 1. There being no additions, corrections or deletions, the Minutes of Regular Council Meeting of March 14, 1983 and Special Council Meeting of March 16, 1983, were approved as submitted. 2. There being no objections, Minutes of Regular Planning Commission Meeting of March 1, 1983 were accepted for filing. 3. On Motion by Councilman Shaw, second by Councilman Lowry, warrants as audited per Warrant List of March 28, 1983, in the amount of $101,516.37 and Payroll of March 10, 1983, in the amount of $26,904.72, were approved for payment as audited. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 4. ORDINANCE NO. 547 - SECOND READING - Regulating the Division of Land. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont adopts Ordinance No. 547 at its second reading by title only. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 5. ORDINANCE NO. 560 - FIRST READING - To Implement the Permit Streamlining Act (AB -884). On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont passes Ordinance No. 560 for its first reading by title only. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 6. RESOLUTION NO. 1983 -16 - Pertaining to Resolution No. 1980 -35, Section 2 and Excluding the Application of Street Improvement Standards in Parts of the City. On Motion by Councilman Hammel, second by Councilman May, the City Council of the City of Beaumont adopts Resolution No. 1983 -16. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Page 1 7. Request for Authorization to Dispose of Present Copier and Acquire New Copier. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont accepts the City Manager's recommen- dation to authorize the purchasing agent to advertise for bids to be reported to the Council on June 13 with the expectation of purchase on July l; and selling the present copier to Recreation and Parks at that time. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 8. Report on Bid for Maintenance Yard Buildings. On Motion by Councilman May, second by Councilman Hammel, the City Council of the City of Beaumont awards the contract for the relo- cation and the construction of the metal storage buildings, per specifications, to Cherry Valley Sheet Metal. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 9. Consideration of Claim for Damages from Sewer Back -Up. On Motion by Mayor Thompson, second by Councilman Shaw, the City Council of the City of Beaumont honors the request of Mr. Schroeder, Pioneer Trailer Park, for reimbursement of $150.00 for damages incurred from a sewer back -up, with the proviso that unless a back - flow device is installed in their lateral line, any future damages will be rejected. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 10. Consideration of Amendment to Claim filed by Suzanne Elizabeth Castellini Against the City of Beaumont. On Motion by Mayor Thompson, second by Councilman Hammel, the City Council of the City of Beaumont rejects the amendment to claim filed by Suzanne Elizabeth Castellini, and directs the City Clerk to mail Notice of Rejection to the claimant. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 11. Submittal of Reports for Filing. Financial Report for period ending February 28, 1983, Statement of Operations for Improvement Agency for period ending February 28, 1983 and report of Planning Commission actions at meeting of March 15, 1982 were accepted and ordered filed. 12. ORAL COMMUNICATION: a. Mr. Russell Rodriguez, representing the Pass Boxing Club, addressed the Council, requesting the Boxing Club be allowed to use Room 12 on a fee - exempt basis. On Motion by Councilman Shaw, second by Mayor Thompson, the City Council of the City of Beaumont grants the Pass Boxing Club fee- exempt use of Room 12. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Page 2 There being no further business to come before the Council, on motion by Councilman Lowry, second by Mayor Thompson, the meeting was ad- journed at 8:38 P.M. Respectfully submitted, I ENE JqtC9 SWEENEY, CITY CLERK Page 3 BEAUMONT CITY COUNCIL MINUTES OF SPECIAL MEETING OF MARCH 16, 1983 1. The Beaumont City Council met in a Special Meeting at 7:03 P.M., in the City Manager's Conference Room, with Mayor Pro Tem Hammel pre- siding for the opening of the meeting and Mayor Thompson presiding upon his arrival at 7:31 P.M. 2. On Roll Call the following Council Members were present: Shaw, Hammel and Lowry. Let the record show.Council Member May arrived at 7:19 P.M. and Mayor Thompson arrived at 7:31 P.M. Mayor Pro Tem Hammel informed the members of the audience that no public input would be invited. 3. Review of City Street Standards. A general discussion of the current street standards, and the intent of the Council at the time Resolution No. 1980 -35 was adopted, was held with all members of the Council, the City Manager and the City Engineer participating. On Motion by Councilman Lowry, second by Councilman May, the City Council directs the City Manager and the City Engineer prepare a resolution for the next Council meeting that will clarify the Council's intent with respect to Resolution No. 1980 -35. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. The City Manager suggested a study session be held with members of the City Council and City Staff attending to discuss any problems, such as this street standard interpretation problem, that may exist. Councilman May suggested this type of meeting be held every quarter. There being no further business to come before the Council, the meeting was adjourned at 8:32 P.M. Respectfully submit`t'ed, WWII W*y4%_Dalffyf11JV0DROW BEAUMONT CITY COUNCIL AND BEAUMONT COMMUNITY IMPROVEMENT AGENCY MINUTES OF MARCH 14, 1983 The Beaumont City Council and Beaumont Community Improvement Agency met in a regular meeting at 7:30 P.M. , on Monday, March 14, 1983, in the City Council Chambers, with Mayor /Chairman Thompson presiding. The Invocation was given by Reverand Del Boatman. The Pledge of Allegiance to the Flag was led by Councilman Shaw. On Roll Call the following Council /Agency Members were present: May, Shaw, Hammel, Lowry and Mayor /Chairman Thompson. Mr. Russell Rodriguez presented a plaque to Councilman Fred Shaw on behalf of the Pass Boxing Club in appreciation for his continued support, contri- butions and sponsorship given to the youth of Cabazon, Banning, Beaumont and Cherry Valley. 1. There being no additions, corrections or deletions, the Minutes of Regular Council Meeting of February 28, 1983, Special Meeting of March 3, 1983 and Special Meeting of March 10, 1983 were approved as submitted. 2. There being no objections, the Minutes of Planning Commission Meeting of February 15, 1983 were accepted as presented. 3. On Motion by Councilman Shaw, second by Councilman May, warrants as audited per Warrant List of March 14, 1983, in the amount of $52,642.52 and Payroll of February 24, 1983, in the amount of $25,959.81, were approved for payment as audited. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 4. PROCLAMATION Proclaiming the Month of April, 1983 as March of Dimes Birth Defects Prevention Month. On Motion by Councilman Hammel, second by Councilman Shaw, the City Council of the City of Beaumont proclaims the month of April, 1983 as March of Dimes Birth Defects Prevention Month. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 5. ORDINANCE NO. 547 - FIRST READING - Regulating the Division of Land. Motion by Councilman Lowry, second by Councilman Hammel, to pass Ordinance No. 547 for its first reading. AYES: Councilmen Hammel and Lowry. NOES: Councilmen Shaw, May and Mayor Thompson. ABSTAIN: None. ABSENT: None. MOTION FAILED On Motion by Councilman May, second by Councilman Shaw, the City Council of the City of Beaumont passes Ordinance No. 547 for its first reading by title only, with the fee schedule amended as follows: Page 1 Subdivision Filing Fee shall be changed from $1,040.00 to $750.00. Condominium Filing Fee shall be changed from $1,040.00 to $750.00. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 6. ORDINANCE NO. 570 - SECOND READING - Amending Certain Ordinances of the City of Beaumont Necessary for the Codification of the Ordin- ances of the City of Beaumont into a Municipal Code of the City of Beaumont. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont adopts Ordinance No. 570 at its second reading by title only. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 7. RESOLUTION NO. 1983 -12 - Requesting a Grade Separation Crossing at Beaumont Avenue (Highway 79) and the Southern Pacific Railroad Crossing. On Motion by Councilman Shaw, second by Councilman Lowry, the City Council of the City of Beaumont adopts Resolution No. 1983 -12. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 8. RESOLUTION NO. 1983 -13 - Supporting Senate Constitutional Amendment SCA -2. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont adopts Resolution No. 1983 -13. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 9. RESOLUTION NO. 1983 -14 - Requesting the California Department of Transporation to Develop the Westerly Interchange Ramps at Pennsylvania Avenue and Interstate 10 in Beaumont. On Motion by Councilman Hammel, second by Councilman Lowry, the City Council of the City of Beaumont adopts Resolution No. 1983 -14. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 10. Appointment of Ralph E. Tapp to Fill Vacancy on Senior Citizen Advisory Commission. On Motion by Councilman Shaw, second by Councilman May, the City Council of the City of Beaumont appoints Mr. Ralph E. Tapp to fill the existing vacancy on the Senior Citizen Advisory Commission. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Page 2 11. Request from Bob Orr and Rudy Zerr for Review of Street Standards. After hearing presentations by Mr. Bob Orr and Mr. Rudy Zerr, regarding their requests for a review of the current street standards, this agenda item was taken under advisement and will be brought back before the Council at a Special Meeting to be set as soon as possible. 12. Request for Authorization to Declare Vehicle Surplus and Sell in Accordance with Ordinance No. 527, Section 13. On Motion by Councilman May, second by Councilman Hammel, the City Council of the City of Beaumont denies the request to declare the 1973 Chevrolet Bel -Aire surplus, and directs that it be held in reserve. AYES: Councilmen May, NOES: Mayor Thompson. ABSTAIN: None. ABSENT: None. Shaw, Hammel and Lowry. 13. Consideration of Request from League of California Cities for City Manager to Serve on the Small Cities Committee, and Authorization for City Manager to Attend First Meeting on April 6, 1983. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont grants the request from League of California Cities for the City Manager to serve on the Small Cities Committee, and further authorizes the City Manager to attend the first meeting on April 6, 1983. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 14. Consideration of Request from David Valdivia for the Beaumont Coyote Softball Team Use of Rangel Ball Park by Paying 100% of the Electric Utility Bill for Such Use. On Motion by Councilman Lowry, second by Councilman Shaw, the City Council of the City of Beaumont grants the request of David Valdivia for the Beaumont Coyote Softball Team Use of Rangel Ball Park by paying 100% of the electric utility bill for such use. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 15. Consideration of Request from People First Organization for Fee - Exempt Use of Room 5 at Beaumont Civic Center. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont denies the request of the People First Organization for fee- exempt use of Room 5 at Beaumont Civic Center, with the fee schedule currently in force to apply for such use. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 16. Consideration of Claim Filed Against City of Beaumont by CG Engineering. On Motion by Mayor Thompson, second by Councilman Lowry, the City Council of the City of Beaumont rejects the claim filed against the City of Beaumont by CG Engineering, and directs the City Clerk to mail Notice of Rejection to claimant. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: None. Shaw, Hammel, Lowry and Mayor Thompson. Page 3 17. Consideration of Report Concerning Contracting for Police Department Clerk - Dispatcher Services. Motion by Councilman Lowry to accept City Manager recommendation was withdrawn. On Motion by Mayor Thompson, second by Councilman Shaw, the City Council of the City of Beaumont denies the request to contract for Police Department Clerk - Dispatcher services. AYES: Councilmen May, Shaw, Hammel and Mayor Thompson. NOES: Councilman Lowry. ABSTAIN: None. ABSENT: None. 18. Consideration of Report Concerning Firefighting Services for the City of Beaumont. Motion by Councilman Shaw to continue firefighting services with the County of Riverside died for lack of a second. On Motion by Councilman Shaw, second by Councilman Lowry, the City Council of the City of Beaumont files this request for further study. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 19. The report of Planning Commission action at meeting of March 1, 1983 was ordered filed. 20. ORAL COMMUNICATION: a. Ms. Ann Connors re: Equal Distribution of Tax Funds. Ms. Connors, 813 Elm, addressed the Council, reading from her letter previously submitted to the Council, dated March 7, 1983, which letter is a matter of record. After reading her letter, Ms. Connors went into more detail re- garding the Redevelopment Agency Opponents request for equal distribution of tax funds, stating the $2,700.00 should be either split between the Chamber of Commerce and the opponent group, or an equal sum be given to the opponent group, or the withdrawal altogether of the appropriation for the Chamber of Commerce. After hearing Ms. Connors presentation, and receiving answers to his questions, the Mayor announced that he could not see any way the Council could honor any of her three possibilities; that he did not think he could get a motion, and if he got a motion, he doubted he could get a second, and if he did happen to get a second, felt sure the motion would not carry. b. Mr. Irish Mitchell re: Complaint against Questionable actions of Council at Special Meeting of March 3, 1983. Mr. Mitchell presented to the Council his reasons why he thought the intent of the Ordinance was not to issue funds from the Bed Tax Funds for a purpose such as this. C. Mr. Larry Gordon, 1284 Pennsylvania, addressed the Council asking several questions pertaining to the coming election which were answered by the City Manager and Deputy City Clerk. d. Mr. Paul Turner, Building Inspector for the City of Beaumont, addressed the Council, calling their attention to many instances within the City where fences encroach on the public right -of -way. He informed them that, at the present time, there is no rule or regulation to deal with this problem, and recommended that the Council set a policy that no fence can be installed without a permit so the City can control the placement of these fences. He further recommended the City should send a notice to each in- staller of chain link fences putting them on notice that no fence Page 4 can be installed without a permit. 21. RESOLUTION NO. 1983 -15 - Opposing the Imposition of Sanctions by the Administrator of the Environmental Protection Agency Upon the South Coast Air Basin. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont adopts Resolution No. 1983 -15. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: None. ABSTAIN: Councilman Hammel. ABSENT: None. 22. Appointment of City Clerk. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont appoints Irene Joyce Sweeney to fill the unexpired term of the City Clerk. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Larry Benson, Battalion Chief, addressed the Council stating they were to give a presentation tonight regarding new fire equipment, but due to the lateness of the hour it apparently would be better to move this presentation to a future Council meeting. It was determined this presentation should be set at the beginning of the agenda at the next Council meeting to be held on March 28. There being no further business to come before the Council, the meeting was adjourned at 11:30 P.M. Respectfully submitted, DEPUTY CITY CLERY Page 5 BEAUMONT CITY COUNCIL MINUTES OF SPECIAL MEETING OF MARCH 10, 1983 1. The Beaumont City Council met in a Special Meeting at 3:30 P.M., in the City Manager's Conference Room, with Mayor Thompson presiding. 2. The Pledge of Allegiance to the Flag was dispensed with since there is no flag in the conference room. 3. On Roll Call the following Council Members were present: May, Shaw, Hammel, Lowry and Mayor Thompson. 4. On Motion by Councilman Lowry, second by Councilman May, the City Council adjourned to Executive Session to discuss personnel matters at 3:35 P.M. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 5. On Motion by Councilman Lowry, second by Councilman May, the City Council reconvened to regular session at 4:20 P.M. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Let the record show no action was taken in Executive Session. As a result of discussion in Executive Session, the following motion was adopted in regular session. On Motion by Councilman May, second by Councilman Hammel, the City Council of the City of Beaumont instructs the City Manager to explore alternatives to contract City Attorney, with the City Manager to report to Council in an expeditious manner. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. There being no further business to come before the Council the meeting was adjourned at 4:33 P.M. Respectfully submitted, THE CITY OF BEAUMONT BEAUMONT CITY COUNCIL MINUTES OF SPECIAL MEETING OF MARCH 3, 1983 1. The Beaumont City Council met in a Special Meeting at 2:38 P.M., in the City Council Chambers, with Mayor Thompson presiding. 2. The Pledge of Allegiance to the Flag was led by Councilman May. 3. On Roll Call the following Council Members were present: May, Hammel and Mayor Thompson. Councilmen Shaw and Lowry were ex- cused. 4. Consideration of Request from Chamber of Commerce for Funds. On Motion by Councilman Hammel, second by Councilman May, the City Council of the City of Beaumont approves the request of the Chamber of Commerce for funds not to exceed $2,700.00, with the funds to be expended from Budget Category 01 -145 -252, Bed Tax. AYES: Councilmen May, Hammel and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilmen Shaw and Lowry. There being no further business to come before the Council, the meeting was adjourned at 3:10 P.M. Respectfully submitted, BEAUMONT CITY COUNCIL AND BEAUMONT COMMUNITY IMPROVEMENT AGENCY MINUTES OF FEBRUARY 28, 1983 The Beaumont City Council and Beaumont Community Improvement Agency met in a regular meeting at 7:30 P.M., on Monday, February 28, 1983 in the City Council Chambers, with Mayor /Chairman Thompson presiding. The Invocation was given by Councilman Lowry. The Pledge of Allegiance to the Flag was led by Councilman May. On Roll Call the following Council /Agency Members were present: May, Hammel, Lowry and Mayor /Chairman Thompson. Council /Agency Member Shaw was excused. 1. There being no additions, corrections or deletions, the Minutes of Regular Council Meeting of February 14, 1983 were approved as submitted. 2. There being no objections, the Minutes of Planning Commission Meeting of February 1, 1983 were accepted as presented. 3. On Motion by Councilman Hammel, second by Councilman Lowry, warrants as audited per Warrant List of February 28, 1983, in the amount of $146,905.54 and Payroll of February 10, 1983, in the amount of $25,695.78, were approved for payment as audited. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Hammel, Lowry and Mayor Thompson. 4. Presentation of Plaque to Former Planning Commissioner "Red" Livingston. This agenda item was continued until March 14, 1983. 5. Request from T.O.P.S. Organization to Address Council Concerning Fees for Use of Room 6. On Motion by Councilman Hammel, second by Councilman May, the City Council of the City of Beaumont reduces the $10.00 facilities use fee to $7.50 for the T.O.P.S. Organization only, for their use of Room 6. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Hammel, Lowry and Mayor Thompson. BEAUMONT COMMUNITY IMPROVEMENT AGENCY 6. Consideration of Cooperative Agreement Between County of Riverside, Riverside County Flood Control and Water Conservation District, and the City of Beaumont and Beaumont Community Improvement Agency. On Motion by Agency Member Lowry, second by Agency Member Hammel, the Beaumont Community Improvement Agency accepts the Cooperative Agree- ment between the County of Riverside, Riverside County Flood Control and Water Conservation District and the City of Beaumont and Beaumont Community Improvement Agency. AYES: Agency Members May, NOES: None. ABSTAIN: None. ABSENT: Agency Member Shaw. Hammel, Lowry and Chairman Thompson. Page 1 CITY COUNCIL 7. Consideration of City Engineer Report on Project 8303 (Michigan Avenue from 11th to 12th and Pennsylvania Avenue from I -10 to 6th) and Project 8304 (6th Street Median) and Request for Authorization to Proceed. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont authorizes the City Engineer to proceed on Projects No. 8303 and No. 8304, as outlined in his report dated February 24, 1983, with the following exception: The Michigan Avenue portion of Project No. 8303 will be rehabilitated and overlaid the same as Maple Avenue between 12th and 13th, which will delete the necessity of the preliminary survey, base plan and drafting for this portion of the project. AYES: Councilmen May, Hammel, Lowry. NOES: Mayor Thompson. ABSTAIN: None. ABSENT: Councilman Shaw. 8. ORDINANCE NO. 547 - FIRST READING - Regulating the Division of Land. (Continued from February 14, 1983). This Agenda Item was continued until the regular meeting of March 14, 1983. 9. ORDINANCE NO. 563 - SECOND READING - Repealing Certain Ordinances Necessary for the Codification of the Ordinances of the City of Beaumont. On Motion by Councilman Hammel, second by Councilman May, the City Council of the City of Beaumont adopts Ordinance No. 563 at its second reading, by title only. The ordinance was read by title only by the City Clerk. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Hammel, Lowry and Mayor Thompson. 10. ORDINANCE NO. 567 - FIRST READING - Regulating the Construction of Garden Walls and Retaining Walls. (Continued from February 14, 1983). Motion by Councilman Hammel, to pass Ordinance No. 567 at its first reading died for lack of a second. 11. ORDINANCE NO. 569 - FIRST READING - Repealing Ordinance 536 and Amending Ordinance 525, Section IV to Provide for the Extension of All Provisions of Ordinance 525 to July 1, 1985. Motion by Councilman Lowry, second by Councilman May, to pass Ordin- ance No. 569 at its first reading, by title only. The ordinance was read by title only by the City Clerk. AYES: Councilmen May and Lowry. NOES: Councilman Hammel and Mayor Thompson. ABSTAIN: None. ABSENT: Councilman Shaw. MOTION FAILED. 12. ORDINANCE NO. 570 - FIRST READING - Amending Certain Ordinances of the City of Beaumont Necessary for the Codification of the Ordinances of the City of Beaumont. On Motion by Mayor Thompson, second by Councilman Lowry, the City Council of the City of Beaumont passes Ordinance No. 570 at its first reading, by title only. Page 2 The ordinance was read by title only by the City Clerk. AYES: Councilmen May, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. 13. RESOLUTION NO. 1983 -09 - Urging the Governor and the State Legislature Not to Make any Changes in the Present Formula for State Subventions to Cities. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont adopts Resolution No. 1983 -09. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Hammel, Lowry and Mayor Thompson. 14. RESOLUTION NO. 1983 -10.- Requesting the Federal Government to Take Certain Actions Relative to Proposed New Federalism Legislation. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont adopts Resolution No. 1983 -10. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Hammel, Lowry and Mayor Thompson. 15. RESOLUTION NO. 1983 -11 - Amending Sewer Charges Pursuant to Ordinance 416, by Amending Section 516, Paragraph (a) to Provide that Units Outside the City of Beaumont shall Pay a Sewer Surcharge Rather than a Double Rate. On Motion by Mayor Thompson, second by Councilman May, the City Council of the City of Beaumont adopts Resolution No. 1983 -11. AYES: Councilmen May, Lowry and Mayor Thompson. NOES: None. ABSTAIN: Councilman Hammel. ABSENT: Councilman Shaw. 16. Review of Plot Plan No. 1010. Applicant: Richard Whitman. Location: Southwest Corner of 6th Street and Euclid Avenue. (Continued from February 14, 1983). On Motion by Mayor Thompson, second by Councilman Hammel, the City Council rejects the request for review of Plot Plan No. 1010 due to the non - appearance of the applicant, Richard Whitman, and further stipulates the original conditions of approval be in full force. AYES: Councilmen May, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. 17. Review of Plot Plan No. 1035. Applicant: Bowie Motors. Location: Northeast Corner of Chestnut Avenue and 6th Street. Plot Plan No. 1035 was ordered filed. 18. Request for Authorization to Re- Advertise for Bids on Maintenance Yard Buildings. On Motion by Councilman May, second by Councilman Lowry, the City Council of the City of Beaumont authorizes the City Manager to re- advertise for bids for the buildings to be located at the sewer - street maintenance yard, and directs the purchasing agent to delete requirements for bid bonding, etc. AYES: Councilmen May, Lowry and Mayor Thompson. NOES: Councilman Hammel. ABSTAIN: None. ABSENT: Councilman Shaw. Page 3 19. Request for Authorization to File Application for NPDES Permit with the Regional Water Quality Control Board for New Wastewater Treatment Plant site. On Motion by Mayor Thompson, second by Councilman May, the City Council of the City of Beaumont authorizes the employment of Willdan Associates at a fee of $650.00 to process an application for the City in the 500,000 to 1,000,000 gallon per day category, with the Regional Water Quality Control Board for a new wastewater treatment plant site, with funds to be taken from Budget Category 10- 405 -252. AYES: Councilmen May, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. 20. Request for Budget Adjustment to Cover Service Agreement for IBM Typewriter. 21. Request for Budget Adjustment to Establish New Account for Repairs and Maintenance. 22. Request for Budget Adjustment for Fuel Cost for Parks Related Equipment. 23. Request for Budget Adjustment for Mid -Year Realignment of Line Items. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont approves Agenda Items No. 20, 21, 22, and 23, budget adjustments as requested and recommended. AYES: Councilmen May, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. 24. Submittal of Reports for Filing: a. Financial Report for Period Ending January 31, 1983. b. Statement of Operations for Improvement Agency for Period ending January 31, 1983. C. Planning Commission Actions at Meeting of February 15, 1983. All reports as listed in Agenda Item No. 24 were accepted for filing. 25. ORAL COMMUNICATION: a. Ross Heale, Inland Disposal, Inc. requested the Council to reconsider his request for a fee increase for trash pick -up, as listed in Agenda Item No. 24 on February 14, 1983. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont grants the rate increase of 1.134% as requested by Inland Disposal, Inc., per contract requirements, effective on the May 1, 1983 billing. AYES: Councilmen May, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. b. Mr. Larry Gordon, 1284 Pennsylvania, addressed the Council asking clarification of Resolution No. 1983 -11, and his question was answered by the City Manager and the Mayor. There being no further business to come before the Council, the meeting was adjourned at 9:52 P.M. Respectfully submitted, CITY CLE Page 4 BEAUMONT CITY COUNCIL AND BEAUMONT COMMUNITY IMPROVEMENT AGENCY MINUTES OF FEBRUARY 14, 1983 1. The Beaumont City Council and Beaumont Community Improvement Agency met in a regular meeting at 7:30 P.M., on Monday, February 14, 1983, in the City Council Chambers, with Mayor /Chairman Thompson presiding. 2. The Invocation was given by Councilman Lowry. 3. The Pledge of Allegiance to the Flag was led by Councilman Hammel. 4. On Roll Call the following Council /Agency Members were present: May, Hammel, Lowry and Mayor /Chairman Thompson. Council /Agency Member Shaw was excused. 5. There being no additions, deletions or corrections, the Minutes of Regular Council Meeting of January 24, 1983 and Adjourned Council Meeting of February 7, 1983 were approved as submitted. 6. Acceptance of Planning Commission Minutes. Motion by Councilman Lowry, second by Councilman Hammel, to transfer jurisdiction of Plot Plan No. 1035, Applicant: Bowie Motors, to the City Council for consideration, with the remainder of the minutes of Planning Commission meeting of January 18, 1983 to be accepted as presented. AYES: Councilmen May, Hammel and Lowry. NOES: Mayor Thompson. ABSTAIN: None. ABSENT: Councilman Shaw. 7. On Motion by Councilman Hammel, second by Councilman Lowry, warrants as audited per Warrant List of February 14, 1983, in the amount of $113,725.55 and Payroll of January 27, 1983 in the amount of $26,182.57, were approved for payment as audited. ME ADD ITEM 36. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Hammel, Lowry and Mayor Thompson. Presentation of Plaque to Former Planning Commissioner "Red" Livingston. This agenda item was continued until February 28, 1983 due to Mr. Livingston being unable to attend this meeting. Appointment to Fill Vacancy on Planning Commission. On Motion by Councilman Hammel, second by Councilman Lowry, the City Council of the City of Beaumont appoints Mr. Ralph Tapp to fill the vacancy on the Beaumont Planning Commission for a four year term. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Hammel, Lowry and Mayor Thompson. 9. Request from T.O.P.S. organization to Address Council Concerning Report on Agreement of Use of Community Room 6. Mrs. Mamie Hitchcock, representing the T.O.P.S. organization, was recognized by the chair and reported to the.Council that since the meeting with the City Manager in November everything had gone very well in their use of Community Room No. 6, and they wished to thank Page 1 the City Council and the City Manager for helping them get it straightened out. BEAUMONT COMMUNITY IMPROVEMENT AGENCY 10. Consideration of Cooperative Agreement with County of Riverside. Motion by Agency Member Lowry, second by Chairman Thompson, to accept the Cooperative Agreement between the County of Riverside, Riverside County Flood Control and.Water Conservation District and the Beaumont Community Improvement Agency and City of Beaumont. AYES: Agency Member Lowry. NOES: Chairman Thompson. ABSTAIN: Agency Members May and Hammel. ABSENT: Agency Member Shaw. MOTION FAILED. CITY COUNCIL 11. ORDINANCE NO. 547 - FIRST READING - Regulating the Division of Land. On Motion by Councilman Lowry, second.by Councilman Hammel, the City Council of the City of Beaumont approves the fee schedule as sub- mitted by Planning Department staff to be included in Ordinance No. 547 as Article XVII. AYES: Councilmen May, Hammel and Lowry. NOES: Mayor Thompson. ABSTAIN: None. ABSENT: Councilman Shaw. Motion by Councilman Lowry to pass Ordinance No. 547 for its first reading, as amended by Council, died for lack of a second. It was directed that Ordinance No. 547 be brought back for its first reading at the meeting of February 28, 1983. 12. ORDINANCE NO. 563 - FIRST READING - Repealing Certain Ordinances of the City of Beaumont Necessary for the Codification of the Ordinances of the City of Beaumont into a Municipal Code of the City of Beaumont. On Motion by Councilman Hammel, second by Councilman May, the City Council of the City of Beaumont passes Ordinance No. 563 for its first reading by title only. AYES: Councilmen May, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. The Ordinance was read by title only by the City Clerk. 13. ORDINANCE NO. 564 - SECOND READING - In Regard to Right of Entry for Inspection, Necessary for the Codification of the Ordinances of the City of Beaumont. 14. ORDINANCE NO. 565 - SECOND READING - Pertaining to General Penalty Language, Necessary for the Codification of the Ordinances of the City of Beaumont. 15. ORDINANCE NO. 566 - SECOND READING - Pertaining to General Provisions Including Definitions, Necessary for the Codification of the Ordin- ances of the City of Beaumont. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont adopts Ordinances No. 564, 565 and 566 at their second reading by title only. AYES: Councilmen May, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. The ordinances were read by title only by the Mayor. Page 2 16. 17. 1" 19. 20. 21. ORDINANCE NO. 567 - FIRST READING - Regulating the Construction of Garden Walls. On Motion by Councilman Lowry, second by Councilman Hammel, this ordinance will be held over until the meeting of February 28, 1983. AYES: Councilmen May, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. RESOLUTION NO. 1983 -05 - Concerning Amendments to the Municipal Organization Act (MORGA) Allowing the Detachment of Municipal Terri- tory. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont adopts Resolution No. 1983 -05. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Hammel, Lowry and Mayor Thompson. RESOLUTION NO. 1983 -06 - Authorizing the Department of General Services of the State of California to Purchase Certain Items. On Motion by Councilman Hammel, second by Councilman May, the City Council of the City of Beaumont adopts Resolution No. 1983 -06. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Hammel, Lowry and Mayor Thompson. Review of Plot Plan No. 1010. Applicant: Richard Whitman. Location: Southwest Corner of 6th Street and Euclid Avenue. The applicant, Richard Whitman, not being present, this agenda item was continued until the regular meeting of February 28, 1983. Consideration of Contract for Cherry Avenue Right -of -Way Acquisition. On Motion by Councilman May, second by Councilman Lowry, the City Council of the City of Beaumont accepts the contract with Willdan Associates for Cherry Avenue Right -of -Way Acquisition. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Hammel, Lowry and Mayor Thompson. Consideration of Contract for Professional Engineering Services - Cherry Avenue Sewer Project. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont accepts the contract with Willdan Associates for professional engineering services on the Cherry Avenue Sewer Project, subject to the following changes in the con- tract: Item No. 2: METHOD OF PAYMENT. The following statement shall be added at the end of line 5. . . ...each payment to have 10% withheld until final approval when the total shall become due and payable. Item No. 11: TERMINATION OF AGREEMENT. Second paragraph "For Convenience ", line 6, the words "shall be pro -rated on the percentage of the job which has been completed" shall be inserted in place of "shall be based upon accepted professional practice ". AYES: Councilmen May, Hammel, Lowry NOES: Mayor Thompson. ABSTAIN: None. ABSENT: Councilman Shaw. Page 3 22. 23. KEAN 25. Consideration of Claim filed Against City by Suzanne Castellini. On Motion by Mayor Thompson, second by Councilman Hammel, the City Council of the City of Beaumont rejects the claim filed against the City of Beaumont by Suzanne Castellini, refers to counsel, and directs the City Clerk to send a Notice of Rejection. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Hammel, Lowry and Mayor Thompson. Consideration of Claim filed Against City by Matich Corporation. On Motion by Mayor Thompson, second by Councilman May, the City Council of the City of Beaumont rejects the claim filed against the City of Beaumont by Matich Corporation, refers to counsel, and directs the City Clerk to send Notice of Rejection. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Hammel, Lowry and Mayor Thompson. Notice of Rubbish Service Rate Increase Requested by Inland Disposal, Inc. On Motion by Mayor Thompson, second by Councilman Hammel, the City Council of the City of Beaumont rejects the imposition of a 1.134% rubbish service rate increase for the service users of the City of Beaumont in the 1983 calendar year for the reason that Inland Disposal, Inc. had collected fees of 15% and 13.5% plus a 17� monthly dump fee in years 2 and 3 respectively of the Refuse Collection Agreement between the City of Beaumont and Inland Dis- posal, Inc., whereas the contract called for an increase of 10% in each of years 2 and 3. AYES: Councilmen May, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Acceptance of Final Report - Sewer Master Plan. On Motion by Mayor Thompson, second by Councilman May, the City Council of the City of Beaumont accepts the final report on the Sewer Master Plan. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Hammel, Lowry and Mayor Thompson. 26. City Manager Report on Schedule of Fees for Use of Civic Center Facilities. On Motion by Councilman Hammel, second by Councilman Lowry, the City Council of the City of Beaumont accepts the recommendation of the City Manager regarding the fee schedule for use of City facilities. Motion by Mayor Thompson, second by Councilman May, to amend Councilman Hammel's motion to exclude Room 12 at this time from the fee schedule. VOTE TAKEN ON AMENDMENT TO MOTION: AYES: Councilman May and Mayor Thompson. NOES: Councilmen Hammel and Lowry. ABSTAIN: None. ABSENT: Councilman Shaw. MOTION TO AMEND FAILED. VOTE TAKEN ON ORIGINAL MOTION. Page 4 AYES: Councilmen May, Hammel and Lowry. NOES: Mayor Thompson. ABSTAIN: None. ABSENT: Councilman Shaw. 27. Request for Budget Adjustment to Install Fire Hydrant at 7th and Michigan. On Motion by Councilman Lowry, second.by Councilman May, the City Council of the City of Beaumont approves the request for budget adjustment in the amount of $636.78 from Account No. 01 -145 -252 to Account.No. 01- 145 -301 to install a fire hydrant at 7th and Michigan Avenue. AYES: Councilmen May, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. 28. City Manager report on code requirement re: ballot arguments was accepted and filed. 29. Report of Planning Commission Actions at meeting of February 1, 1983 was accepted and filed. ADD Minute Order regarding Planning Department Exhibit Distribution. ITEM 37. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council directs the Planning Department to require an applicant that provides an exhibit with his application that sufficient copies will be provided for each member of the Council at the expense of the applicant. AYES: Councilmen May, Hammel, Lowry. NOES: Mayor Thompson. ABSTAIN: None. ABSENT: Councilman Shaw. 30. ORAL COMMUNICATION: 31. a. Written Communication from Mr. Irish Mitchell re: Sewer Fund Availability. The chair recognized Mr. Mitchell who then presented his questions concerning sewer fund money, and other matters pertaining to future planning for the sewer facilities. RESOLUTION NO. 1983 -07 - Consenting and Authorizing Submittal of Annexation Application of Uninhabited Territory (Beaumont Annexa- tion No. 29 - Danner). On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont adopts Resolution No. 1983 -07. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Hammel, Lowry and Mayor Thompson. 32. URGENCY ORDINANCE NO. 568 - Amending Ordinance 490 to Provide Pre - Zoning to Property Requesting Annexation to the City of Beaumont. (Annexation No. 29). Motion by Councilman Lowry, second by Councilman May, to adopt Urgency Ordinance No. 568 by title only. AYES: Councilmen May, Lowry and Mayor Thompson. NOES: Councilman Hammel. ABSTAIN: None. ABSENT: Councilman Shaw. MOTION FAILED DUE TO LACK OF 4/5 MAJORITY. Motion by Mayor Thompson, second by Councilman Lowry, to bring back the question on Urgency Ordinance No. 568 for reconsideration of Page 5 the vote. AYES: Councilmen May, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont adopts Urgency Ordinance No. 568 by title only. AYES: Councilmen May, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. The ordinance was read by title only by the City Clerk. 33. Statement of Negative Declaration for Annexation No. 29, Pursuant to Provisions of CEQA. 34. 35. On Motion by Mayor Thompson, second by Councilman Lowry, the City Council of the City of Beaumont adopts a negative declaration regarding Annexation No. 29. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Hammel, Lowry and Mayor Thompson. Consideration of Request from Nick Tavaglione Construction for Support of Senior Citizens Housing. On Motion by Councilman May, second by Councilman Lowry, the City Council of the City of Beaumont supports the request from Nick Tavaglione Construction for completion of Phase II of Cherrywood Senior Citizens Project. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Hammel, Lowry and Mayor Thompson. Consideration of Request from Casciola and Hamada, Representing Noble Creek Apartments, for Support of Senior Citizen Housing. On Motion by Mayor Thompson, second by Councilman May, the City Council of the City of Beaumont acknowledges the need for Senior Citizen Housing within the City as applied for by Cisciola and Hamada in regards to Noble Creek Apartments, and look in favor on such a development. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Hammel, Lowry and Mayor Thompson. There being no further business to come before the Council, the meeting was adjourned at 11 :15 P.M. Respectfully submitted, CITY CLE I Page 6 BEAUMONT CITY COUNCIL MINUTES OF ADJOURNED MEETING OF FEBRUARY 7, 1983 (Adjourned from January 24, 1983) 1. The Beaumont City Council met in an adjourned meeting at 7:00 P.M., on Monday, February 7, 1983, in the City Council Chambers, with Mayor Thompson presiding. 2. The Pledge of Allegiance to the Flag was dispensed with since this is an adjourned meeting. 3. On Roll Call the following Council Members were present: May, Hammel, Lowry and Mayor Thompson. Council Member Shaw was excused. 4. ORDINANCE NO. 547 - Regulating the Division of Land. (Continued from January 24, 1983). The Council Members discussed various suggested changes in the draft ordinance which had been submitted to them for review. Motion by Councilman Lowry, second by Councilman Hammel, to pass Ordinance No. 547 for its first reading, was withdrawn. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont approves Sections 1 through 3 of the Planning Commission version of Ordinance No. 547, as amended. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Hammel, Lowry and Mayor Thompson. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont approves Sections 4, 5, 6, 7 and 8 of the Planning Commission version of Ordinance No. 547, as amended. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Hammel, Lowry and Mayor Thompson. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont approves Sections 9, 10 and 11 of the Planning Commission version of Ordinance No. 547, as amended. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Hammel, Lowry and Mayor Thompson. It was directed that a fee schedule report be prepared for consid- eration by the City Council, with this fee schedule and the final copy of the Ordinance, as amended, be returned to the Council for a first reading on February 14, 1983. There being no further business to come before the Council, the meeting was adjourned at 9:25 P.M. Respectfully submitted, A CITY CLERK BEAUMONT CITY COUNCIL AND BEAUMONT COMMUNITY IMPROVEMENT AGENCY MINUTES OF JANUARY 24, 1983 1. The Beaumont City Council and Beaumont Community Improvement Agency met in a regular meeting at 7:30 P.M., on Monday, January 24, 1983, in the City Council Chambers, with Mayor /Chairman Thompson presiding. 2. The Invocation was given by Councilman Lowry. 3. The Pledge of Allegiance to the Flag was led by Councilman May. 4. On Roll Call the following Council /Agency Members were present: May, Hammel, Lowry and Mayor /Chairman Thompson. Council /Agency Member Shaw was excused. 5. There being no additions, deletions or corrections, the Minutes of Regular Council Meeting of January 10, 1983 and Special Council Meeting of January 18, 1983 were approved as submitted. 6. There being no objections, the Minutes of Regular Planning Commission meeting of January 4, 1983 were accepted as submitted. 7. On Motion by Councilman Hammel, seconded by Councilman Lowry, warrants as audited per Warrant List of January 24, 1983, in the amount of $86,741.56 and Payroll of January 13, 1983, in the amount of $25,353.47, were approved for payment as audited. AYES: Councilmen May, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. ADD ITEM 31. Cherry Festival Association. On Motion by Councilman May, second by Councilman Hammel, the City Council of the City of Beaumont grants and directs the following to and for the Cherry Festival /Association. a) Use of the 9th Street Park for the carnival as in the past. b) Directs that horses and other livestock be kept off of private property and blacktop. c) City streets may be utilized for the parade route. d) The trophy award ceremonies may be held on the front lawn of City Hall. e) The entire Stewart Park area may be utilized for Cherry Festival activities. AYES: Councilmen May, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. 8. RESOLUTION NO. BCI 83 -1 - Declaring the Policy of the Agency in the Matter of Property Acquisition by Eminent Domain Proceedings. On Motion by Agency Member Lowry, second by Agency Member May, the Beaumont Community Improvement Agency adopts Resolution No. BCI 83 -1. AYES: Agency Members May, Lowry and Chairman Thompson. NOES: None. ABSTAIN: Agency Member Hammel. ABSENT: Agency Member Shaw. Page 1 9. Recommendation on Acceptance of Agreement with the Beaumont Unified School District. On Motion by Agency Member Lowry, second by Agency Member May, the Beaumont Community Improvement Agency accepts the Agreement as pre- sented with the Beaumont Unified School District. AYES: Agency Member May, Lowry and Chairman Thompson. NOES: None. ABSTAIN: Agency Member Hammel. ABSENT: Agency Member Shaw. 10. Agreement to Extend the Statute of Limitations to May 1, 1983 for the Purpose of Negotiating with the Beaumont - Cherry Valley Recreation and Parks District. 11. On Motion by Agency Member Lowry, second by Agency Member Hammel, the Beaumont Community Improvement Agency agrees to extend the Statute of Limitations for the purpose of negotiating with the Beaumont - Cherry Valley Recreation and Parks District and includes the following statement as part of this motion: The Statute of Limitations established by Health and Safety Code 33500 is hereby waived up to and including May 1, 1983 with respect to action commenced by the Beaumont- Cherry Valley Recreation and Parks District only. AYES: Agency Members May, NOES: None. ABSTAIN: None. ABSENT: Agency Member Shaw. Hammel, Lowry and Chairman Thompson. Review of Audit Report for City of Beaumont and Financial Statements for Fiscal Year Ended June 30, 1982, with Recommendations for Allo- cation of Fund Balances. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont accepts the audit report for year ended June 30, 1982, and orders it filed with the following adjust- ments to the budget: 1. Increase 1- 900 -999 by $41,723 with $34,038 earmarked as contingent liability for CG Engineering. 2. Allocate $69,880 excess needs funds for Transit purposes, Article 4 monies, to 1- 310 -505, 6th Street Median. 3. Allocate $24,857 of Traffic Safety Funds as follows: $10,000 to 1 -310 -505, 6th Street Median and $14,857 to 1- 310 -506, Pennsylvania Avenue, 6th Street to Freeway. 4. Allocate $55,000, Gas Tax Funds, as follows: $40,000 to 1 -310 -506, Pennsylvania Avenue, 6th Street to Free- way and $15,000 to Contingent Liability Reserve for CG Engineering claim on Pennsylvania Avenue. 5. Allocate $39,920 Article 8 Transportation Funds, Street purposes only, to 1 -310 -505, 6th Street Median. 6. Allocate $66,798, Sewer Bond Debt Service Funds to Fund 30 -410, Sewer Construction Fund. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Hammel, Lowry and Mayor Thompson. 12. ORDINANCE NO. 563 - FIRST READING - Repealing Certain Ordinances of the City of Beaumont Necessary for the Codification of the Ordinances of the City of Beaumont into a Municipal Code of the City of Beaumont. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont passes Ordinance No. 563 for Page 2 its first reading by title only. AYES: Councilmen May, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. 13. ORDINANCE NO. 564 - FIRST READING - Enacting this Ordinance in Regard to Right of Entry for Inspection, Necessary for the Codification of the Ordinances of the City of Beaumont into a Municipal Code of the City of Beaumont. On Motion by Councilman Hammel, second by Councilman Lowry, the City Council of the City of Beaumont passes Ordinance No. 564 for its first reading by title only. AYES: Councilmen May, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. 14. ORDINANCE NO. 565 - FIRST READING - Enacting this Ordinance Pertaining to General Penalty Language, Necessary for the Codification of the Ordinances of the City of Beaumont into a Municipal Code of the City of Beaumont. On Motion by Councilman May, second by Councilman Hammel, the City Council of the City of Beaumont passes Ordinance No. 565 for its first reading by title only. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Hammel, Lowry and Mayor Thompson. 15. ORDINANCE NO. 566 - FIRST READING - Enacting this Ordinance Pertaining to General Provisions Including Definitions, Necessary for the Codification of the Ordinances of the City of Beaumont into a Municipal Code of the City of Beaumont. On Motion by Councilman Hammel, second by Councilman Lowry, the City Council of the City of Beaumont passes Ordinance No. 566 for its first reading by title only. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Hammel, Lowry and Mayor Thompson. 16. RESOLUTION NO. 1983 -02 - Establishing Voting Precincts and Polling Places, Appointing Precinct Board Members and Fixing Compensation for the Special Municipal Election of Said City on Tuesday, April 5, 1983, Heretofore Called by Resolution No. 1982 -66 of the City Council. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont adopts Resolution No. 1983 -02. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Hammel, Lowry and Mayor Thompson. 17. RESOLUTION NO. 1983 -03 - Pertaining to Ordinance 369, Prescribing Intersection Stop Signs at 6th Street and Pennsylvania Avenue to Expedite Traffic Flow and Traffic Safety. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont adopts Resolution No. 1983 -03. AYES: C Councilmen May, H Page 3 18. RESOLUTION NO. 1983 -04 - In Support of an Adequate Education and School Facility Financing Initiative by the Governor and Citizens of California. On Motion by Councilman Hammel, second by Mayor Thompson, the City Council of the City of Beaumont adopts Resolution No. 1983 -04. AYES: Councilmen May, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. 19. Review of Plot Plan 1010. Applicant: Richard L. Whitman. Location: Southwest Corner of 6th Street and Euclid Avenue. This agenda item was continued to February 14, 1983 at the request of the applicant. 20. Consideration of Renewal of Lease Agreement with Beaumont Recreation and Parks District. (Continued from January 10, 1983). On Motion by Councilman May, second by Councilman Hammel, the City Council of the City of Beaumont terminates any consideration of a renewal of the lease agreement with Beaumont - Cherry Valley Recreation and Parks District, and operation of the park system within the City Limits reverts to the City of Beaumont. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Hammel, Lowry and Mayor Thompson. 21. Request to Advertise for Bids on Sewer- Street Maintenance Yard Buildings. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont authorizes the Purchasing Officer to advertise for bids per plans and specifications as recommended by City Manager in letter of January 19, with engineered calculations to be presented, and the building to be checked to the satisfaction of the City Engineer for requirements of code in this area. AYES: Councilmen May, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. 22. Selection of Consultant to Secure Right -of -Way Easements on Cherry Avenue for Sewer Project. (Continued from January 10, 1983). 23. Selection of Consulting Engineer for Cherry Avenue Sewer Project. On Motion by Councilman Hammel, second by Councilman May, the City Council of the City of Beaumont instructs the City Manager to pre- pare a contract with Willdan Associates for the complete package of right -of -way acquisition and engineering on the Cherry Avenue Sewer Project, for a cost of $13,450 as submitted in their proposals, to be returned to the Council on February 14, 1983. AYES: Councilmen May, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. 24. Report of Demand for Arbitration in the matter of CG Engineering vs City of Beaumont was accepted and ordered filed. 25. Notice of Appointment of Canvassing Board for Special Election, and Notice of Election to be published, were accepted and ordered filed. 26. Financial Report for Period Ending December 31, 1982 was accepted and ordered filed. 27. Beaumont Community Improvement Agency Statement of Operations for Month Ending December 31, 1982 was accepted and ordered filed. Page 4 28. Report of Planning Commission Actions at Meeting of January 4, 1983 was accepted and ordered filed. 29. Report of Planning Commission Actions at Meeting of January 18, 1983 was accepted and ordered filed. 30. ORAL COMMUNICATION: a. Ms. Ann Connors addressed the Council reading from a prepared statement which concerned a protest on behalf of the Redevelopment Agency opponents of the argument for prepared by the City for inclusion with voters sample ballots for the election of April 5, 1983. Ms. Connors complete statement was filed and is a part of the record. b. Mr. Harold Blackaby, 662 Maple Avenue, addressed the Council asking for clarification of the law stating that election matters are entrusted to the City Clerk, and the City Attorney informed him that all cities use firms who are specialists, such as Martin and Chapman, to assist in elections. ADD ITEM 32. Resignation of City Clerk. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont accepts the resignation of City Clerk, Edna J. Burkett with regret, to be effective March 1, 1983. AYES: Councilmen May, Hammel, Lowry. NOES: Mayor Thompson. ABSTAIN: None. ABSENT: Councilman Shaw There being no further business to come before the Council, the meeting was adjourned to 7:00 P.M. on February 7, 1983, in the City Council Chambers, for the purpose of reviewing Ordinance No. 547, at 10:40 P.M. Respectfully submitted, F4,1-4i % - CITY CLERK Page 5 BEAUMONT CITY COUNCIL MINUTES OF SPECIAL MEETING OF JANUARY 18, 1983 1. The Beaumont City Council met in a special meeting at 3:30 P.M., on Tuesday, January 18, 1983, in the City Council Chambers, with Mayor Thompson presiding. 2. The Pledge of Allegiance to the Flag was led by Councilman May. 3. On Roll Call the following Council Members were present: May, Hammel, Lowry and Mayor Thompson. Councilman Shaw was excused. 4. Discussion of Dust Problem on Cherry Avenue. Mr. Gilbert Klingsborn, 977 Cherry Avenue, Apartment #2A, addressed the Council as the representative for the group attending this special meeting, giving a history of the problems which have been encountered due to the excessive dirt blowing from the agricultural lands known as the Deutsch property when the east wind is blowing, and calling attemtion to the fact that on January 11, even though there was a very high wind blowing, they were discing the fields. There followed general discussion of the problem with comments from the City Manager and members of the City Council as to the pros and cons of various solutions to the problem. On Motion by Mayor Thompson, the City Council adjourned at 4:00 P.M. to an Executive Session for the purpose of discussing the City's legal aspects of solving the problem. The Council reconvened to regular session at 4:25 P.M. Let the record show no decision was made or action taken in the Executive Session. Mr. Lewis Millage addressed the Council suggesting the planting of trees as a windbreak to help solve the problem. Mayor Thompson pointed out that citizens that have been damaged could file a class action suit to attempt to recover damages, however, the City could not take any legal action and have it sustained; adding that it would have to be on an individual basis or a homeowners group basis to take legal action. The City would continue their ongoing dialogue with Mr. Dysart to keep him appraised of the situation and to attempt to mitigate the problem. On Motion by Councilman Hammel, second by Councilman May, the meeting was adjourned at 4:35 P.M. Respectfully submitted, Deputy City Clerk 1. 2. 3. 4. 5. 6. BEAUMONT CITY COUNCIL AND BEAUMONT COMMUNITY IMPROVEMENT AGENCY MINUTES OF JANUARY 10, 1983 The Beaumont City Council and Beaumont Community Improvement Agency met in a regular meeting at 7:30 P.M., on Monday, January 10, 1983, in the City Council Chambers, with Mayor /Chairman Thompson presiding. The Invocation was given by Bishop Lee Sauer, the Church of Jesus Christ of Latter Day Saints. The Pledge of Allegiance to the Flag was led by Councilman May. On Roll Call the following Council /Agency Members were present: May, Hammel, Lowry and Mayor /Chairman Thompson. Council /Agency Member Shaw was excused. There being no additions, deletions or corrections, the Minutes of Adjourned Meeting of November 10, 1982 and Regular Meeting of December 27, 1982 were approved as submitted. Acceptance of Planning Commission Minutes. On Motion by Councilman Lowry, second by Councilman May, the Minutes of Regular Planning Commission meeting of December 21, 1982 are accepted as submitted, except that Plot Plan No. 1010 be transferred to the City Council for public discussion on January 24, 1983. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Hammel, Lowry and Mayor Thompson. 7. On Motion by Councilman Hammel, second by Councilman Lowry, warrants as audited per warrant list of January 10, 1983, in the amount of $81,532.51 and Payroll of December 30, 1982, in the amount of $26,914.53, were approved for payment as audited. AYES: Councilmen May, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Review of Plot Plan No. 1031. Applicant: Phil Weber. Location: 1025 N. Beaumont Avenue. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont approves Plot Plan No. 1031 with the Conditions of Approval as submitted, with the exception that 3 -B and 3 -D will be deleted; and the owner of the property shall provide the City with a lien against the property to insure the alley is paved at the owner's expense at such time as the alley is improved. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Hammel, Lowry and Mayor Thompson. 9. PUBLIC HEARING - 8:00 P.M. - Conditional Use Permit No. 1005. Applicant: Albert and Betty Seeburger. Location: 985 N. Beaumont Avenue. (Continued from December 27, 1982). Mayor Thompson stated the public hearing was closed at the meeting of December 27, 1982, with only the decision continued to this meeting. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont grants Conditional Use Permit No. 1005 subject to the following conditions of approval: Page 1 Beaumont City Council January 23, 1983 1. All conditions of the Planning Commission must be complied with subject to the following changes: a. The low spot in the alley which is holding water shall be filled with crushed rock. b. 3 -B shall be changed to include the provision that a development lien shall be executed to insure future paving of the alley. C. Off -site improvements shall be reviewed as to the requirement of installment, and they must be made if the use is to be maintained or the use ceases at that point. d. The occupancy permit shall be issued without the off -site improvements on 10th Street with the stipulation that from the time of occupancy the owner shall have six months within which the off - site improvements shall not have to be made, and at the end of six months the applicant shall either make the off -site improvements immediately and complete them within ninety days or the Conditional Use Permit shall be null and void. e. 3 -H shall be complied with as in original require- ments. f. Item No. 10 shall be deleted. AYES: Councilmen May, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. 10. PUBLIC HEARING - Master Sewer Plan and Environmental Impact Report on Master Sewer Plan. The Public Hearing was opened at 8:21 P.M. Mr. Vincent Frasca, Willdan Associates, consultants on the Master Sewer Plan, addressed the Council stating the Master Sewer Plan has been completed and is in the process of final printing, and that the Final Draft of the Environmental Impact.Report has been submitted to the Council tonight for their approval. Mr. Ernest Egger of Willdan Associates then addressed the Council summarizing the contents of the EIR which has been submitted to them. Mr. Frasca displayed a map outlining the study area of the sewer master plan, and gave a summary of what the sewer master plan study consisted of. Mayor Thompson asked if there was anyone in the audience who would like to speak to this Environmental Impact Report. Questions from the audience were answered by Mr. Frasca, the City Manager and Mayor Thompson. There being no further questions from the audience or the Council, the Mayor declared the Public Hearing closed at 9 :00 P.M. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont approves the Master Sewer Plan and Final EIR on the Master Sewer Plan as presented by Willdan Associates. AYES: Councilmen May, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Page 2 11. ORDINANCE NO. 547 - FIRST READING - Regulating the Division of Land. (Continued from December 13, 1982). This Agenda Item was continued until an Adjourned Meeting to be scheduled on February 7, 1983, at 7:00 P.M., for discussion of this item only. 12. RESOLUTION NO. 1983 -01 - Ordering the Canvass of the Special Municipal Election to be Held on Tuesday, April 5, 1983, to be made by the City Clerk. On Motion by Mayor Thompson, second by Councilman Hammel, the City Council of the City of Beaumont adopts Resolution No. 1983 -01. 13. 14. 15. 16. 17. AYES: Councilmen May, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Request from Cherry Festival Association for Fee - Exempt Permits to Conduct the 1983 Cherry Festival Events. On Motion by Mayor Thompson, second by Councilman May, the City Council of the City of Beaumont grants fee - exempt permits to the Cherry Festival Association to conduct the 1983 Cherry Festival events for those events and participants within the City of Beaumont. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Hammel, Lowry and Mayor Thompson. Location and Improvement Plan for Street -Sewer Maintenance Yard - City Manager Report. (Continued from December 13, 1982). On Motion by Councilman Hammel, second by Councilman Lowry, the City Council of the City of Beaumont accepts the recommendation of the City Manager to employ Don Christante to draw the plans for the Improvement of the Street -Sewer Maintenance Yard, for a fee of $400.00. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Hammel, Lowry and Mayor Thompson. Authorization for Mayor to Sign Notice of Completion on Gym Shear Wall. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont accepts the work by Grimes Construc- tion as complete and satisfactory and orders the filing of the Notice of Completion on the project; additionally, the City Manager is directed to make the gymnasium available to the public until such time as a new lease is agreed upon between the City and Beaumont - Cherry Valley Recreation and Parks District. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Hammel, Lowry and Mayor Thompson. Consideration of Renewal of Lease Agreement with Beaumont Recreation and Parks District. (Continued from November 22, 1982). This agenda item was continued until the regular meeting of January 24, 1983, or a possible special meeting prior to January 24, 1983. Consideration of Renewal of Lease Agreement with County of Riverside for Courtroom Facilities. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont approves a six month lease extension to the County of Riverside for Courtroom facilities at 500 Grace Page 3 19. 20. 21. 22. Street, at a rental rate of $960.74 per month (33 cents per sq.ft.) AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Hammel, Lowry and Mayor Thompson. Selection of Consultant to Secure Right - -of -Way Easements on Cherry Avenue for Sewer Project. Motion by Councilman Lowry, second by Councilman May, to award to Willdan Associates was withdrawn. Motion by Councilman Lowry to award to John Egan and Associates in the amount of $2,480.00 died for lack of a second. Motion by Councilman Lowry, second by Councilman May, to award to Willdan Associates for a fee not to exceed $5,000.00. AYES: Councilmen May and Lowry. NOES: Councilman Hammel and Mayor Thompson. ABSTAIN: None. ABSENT: Councilman Shaw. MOTION FAILED. Consideration of Placement of Four -Way Stop at 6th Street and Pennsylvania Avenue. On Motion by Councilman May, second by Councilman Lowry, the City Council of the City of Beaumont approves.the implementation of a boulevard stop at 6th Street and Pennsylvania Avenue. AYES: Councilmen May, Hammel and Lowry. NOES: Mayor Thompson. ABSTAIN: None. ABSENT: Councilman Shaw. Consideration of Claim for Damages Caused by Sewer Back -Up Submitted by Mrs. Karen Floth, 1287 California Avenue. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont approves reimbursement to Mrs. Karen Floth for damages to personal items due to a sewer back -up, and directs that she be paid $113.99. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Hammel, Lowry and Mayor Thompson. Councilman Hammel left the room at 10:24 and returned at 10:28. Request from Beaumont Volunteer Fire Department Concerning City Acceptance of a New Heavy Rescue Squad. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont accepts the Heavy Rescue Squad from the Volunteer Fire Department to be included as part of the City fleet. AYES: Councilmen May, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilmen Shaw and Hammel. Consideration of Recommendation Regarding Reappointment of Planning Commissioners. On Motion by Councilman Lowry, second by Mayor Thompson, the City Council of the City of Beaumont reappoints Emeline Schuelke and Roger Berg to the Planning Commission for full four year terms. Page 4 23. 24. 25. am AYES: Councilmen May, Lowry and Mayor Thompson NOES: Councilman Hammel. ABSTAIN: None. ABSENT: Councilman Shaw. Consideration of Request to Purchase Line Striping Machine. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont approves the purchase of one Binks Airless Model 98 -346 Streetwalker, with Model 13 -87 Hand Spray Kit and Model 13 -88 Dual Gun Kit, at a price of $3,635.80, including tax, and further authorize the transfer of $3,635.80 from Budget Item 01- 325 -252, contractual services in Street Maintenance to O1- 325 -300, Equipment. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Hammel, Lowry and Mayor Thompson. Public Meeting for Citizens Comment re: Use of 9th Year Program Community Development Block Grant 1983 -84 Entitlement Funds. On Motion by Mayor Thompson, second by Councilman Hammel, the City Council of the City of Beaumont approves the submission of an application to Community Development for the use of 9th Program Year Entitlement Funds for the purchase of a pumper .fire truck. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Hammel, Lowry and Mayor Thompson. Request for Approval of Use of Donated Senior Citizen Funds for the Purchase of a Microwave Oven. On Motion by Councilman Hammel, second by Councilman Lowry, the City Council of the City of Beaumont approves the use of donated Senior Citizen Funds for the purchase of a microwave oven, with the funds to be placed in Budget No. 01 -610 -254. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Hammel, Lowry and Mayor Thompson. Consideration of Request for City Manager to Attend the 1983 City Managers Department Meeting. On Motion by Councilman May, second by Councilman Lowry, the City Council of the City of Beaumont grants approval for the City Manager to attend the 1983 City Managers Department Meeting. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Hammel, Lowry and Mayor Thompson. 27. Request for Budget Adjustment in Vehicle Maintenance Department Budget. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont approves budget transfer in'the amount of $1,000.00 from Account No. 01- 505 -233 to Account No. 01- 505 -231 in the Vehicle Maintenance Department budget. AYES: Councilmen May, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Page 5 28. Request for Budget Adjustment to Purchase Diffusers for Street Lights. On Motion by Councilman Lowry, second.by Councilman Hammel, the City Council of the City of Beaumont approves budget transfer from Account 09- 335 -221, Utilities, to Account No. 09- 335 -302, Equipment, in the amount of $2,000.00 for purchase of diffusers for street lights. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Hammel, Lowry and Mayor Thompson. 29. On Motion by Councilman Lowry, second by Councilman Hammel, State 30. Controller Report of Examination of Transportation Fund #08 for Fiscal Years Ended June 30, 1981 and 1982, and Audit Report of Transit Enterprise Fund for Fiscal Year Ended June 30, 1982, were ordered filed. 31. 32. 33. 34. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Hammel, Lowry and Mayor Thompson. Review of Audit Report for City of Beaumont and Financial Statements for Fiscal Year Ended June 30, 1982 was continued until January 24, 1983. The report of Planning Commission Actions at Meeting of January 4, 1983 was continued until regular Meeting of January 24, 1983. Authorization to Retain Special Counsel, Martin Mayer, for Additional Consultation. On Motion by Councilman Hammel, second by Councilman May, the City Council of the City of Beaumont authorizes the City Manager to retain special counsel, Martin Mayer, for the City of Beaumont for the next six months at $500.00 per month fee, ending June 30, 1983. AYES: Councilmen May, NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. ORAL COMMUNICATION: Hammel, Lowry and Mayor Thompson. There was no oral communication. On Motion by Councilman Lowry, second by Councilman May, the meeting was adjourned at 11:10 P.M. AYES: Councilmen May and Hammel. NOES: Mayor Thompson. ABSTAIN: None. ABSENT: Councilmen Shaw and Lowry. Respectfully submitted, e Deputy City Clerk Page 6 14. RESOLUTION NO. 1983 -45 - Setting Forth an Appropriations Limit for 1983 -84 Consistent with Article XIII B of the California Constitution and Giving Notice of Availability of Information Supporting Said Determination. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council of the City of Beaumont adopts Resolution No. 1983 -45. AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 15. Committee Report and Recommendation Concerning Street Light Turn Off. On Motion by Councilman Lowry, second by Councilman May, the City Council of the City of Beaumont adopts the amended list of 134 street lights which Southern California Edison will be requested to turn off. AYES: Councilmen May, Shaw, Hammel and Lowry. NOES: Mayor Thompson. ABSTAIN: None. ABSENT: None. 16. Request for Budget Adjustment for California Avenue Sewer Project. 17. Request for Budget Adjustment for Cherry Avenue Sewer Project. On Motion by Councilman Shaw, second by Councilman Lowry, the City Council of the City of Beaumont approves budget adjustment in the amount of $54,000 from Account 30- 004 -007 and $37,000 from Account 30 -410 -608, total $91,000 to Account 30 -410 -609, for the Cherry Avenue Sewer Construction; and further approves budget adjustment in the amount of $13,OOO.from Account 30- 004 -007 to Account 30 -410- 615 for the California Avenue Sewer Project. AYES: Councilmen May, Shaw, Lowry and Mayor Thompson. NOES: Councilman Hammel. ABSTAIN: None. ABSENT: None. 18. Report of Planning Commission Action at Meeting of August 2, 1983 was ordered filed. 19. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council adjourned to an Executive Session for Personnel Discussion at 9:30 P.M. AYES: Councilmen May, Shaw, Hammel; Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 20. On Motion by Councilman Lowry, second by Councilman Hammel, the City Council reconvened to regular session at 9:52 P.M. AYES: Councilmen Shaw, NOES: None. ABSTAIN: None. ABSENT: Councilman May Hammel, Lowry and Mayor Thompson. 21. Let the record show there was no definitive action taken in Executive Session. There was discussion of legal representation for the City on two matters, further discussion concerning the general employee negotiation point presented by PERC, and further discussion pertain- ing to the replacement of City Attorney H. M. Dougherty. On Motion by Mayor Thompson, second by Councilman Shaw, the City Council of the City of Beaumont requests the law firm of Burkhart and Ryskamp to provide a contract proposal, based on the City Manager's recommendation, to be returned to the City Council at their next meeting on August 22, 1983. Page 4