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HomeMy Public PortalAbout1985NO COUNCIL MEETING DECEMBER 23, 1985 BEAUMONT CITY COUNCIL MINUTES OF DECEMBER 9, 1985 The Beaumont City Council met in a regular meet December 9, 1985, in the City Council Chambers, siding. The Invocation was given by Reverand John Hall, The Pledge of Allegiance to the Flag was led by On Roll Call the following Council Members were Waller, Russo and Mayor Mitchell. 1. RESOLUTION NO. 1985 -52 - A Memorial Tribute Hackman. ing at 7:35 P.M., on Monday, with Mayor Mitchell pre - Church of Religious Science. Councilman Partain. present: Partain, Shaw, to Corporal John R. Motion by Councilman Partain, second by Councilman Russo, to adopt Resolution No. 1985 -52. AYES: Councilmen Partain, Mitchell. NOES: None. ABSTAIN: None. ABSENT: None. Shaw, Waller, Russo and Mayor After adoption, the Resolution was presented to Mrs. John Hackman by Mayor Mitchell. 2. Presentation of Christmas Music by Beaumont Senior Center Harmonizers. The Beaumont Senior Center Harmonizers presented a selection of Christmas carols for the enjoyment of the Council and audience. 3. ORAL COMMUNICATION: a. Mr. Roger Berg, 1164 Euclid Avenue, addressed the Council request- ing Mayor Mitchell to submit his plan for the renovation of City Hall, which he had indicated he would submit at the time Mr. Berg submitted his plan at the July 8, 1985 meeting. b. Mr. Cole Jackson, 1280 Beaumont Avenue, addressed the Council on the topic "civic pride ", pointing out that civic pride is not a duty, but the responsibility of each citizen of the community. C. Mr. Robert Brundy, 773 Edgar Avenue, addressed the Council speaking in opposition to the proposed recall, and asking if the community and Council does not believe in giving anyone a chance. 4. Appointment of Commissioner to Fill Existing Vacancy on Planning Com- mission. (Continued from November 25, 1985). Motion by Councilman Russo, second by Councilman Partain, to appoint Mr. Larry Gordon to fill the existing vacancy on the Planning Commis- sion for the unexpired term, which term expires December 31, 1988. AYES: Councilmen Partain, Mitchell. NOES: None. ABSTAIN: None. ABSENT: None. Shaw, Waller, Russo and Mayor Let the record show, Councilman Waller originally voted no on the foregoing motion, changing his vote to yes in order to make it a unanimous appointment. Page 1 B, ,zmont City Council December 9, 1985 5. APPEAL of Planning Commission Decision. Set Time and Date of Hearing. Appellant: Vincent D. Schiro. Location: 625 Palm. (85 -GP -3, 85 -RZ- 5). Motion by Councilman Russo, second by Councilman Shaw, to set the time and date of hearing as January 13, 1986, at 7:30 P.M., or as soon thereafter as the matter may be heard. AYES: Councilmen Partain, Shaw, Waller, Russo and Mayor Mitchell. NOES: None. ABSTAIN: None. ABSENT: None. 6. Proposed General Plan Amendment and Zone Change from Rural Residential and R -A to Planned Unit Development (PUD) and Multi - family Residential (RMF) 12 du /ac. Applicant: Michael A. Lee. Location: South of First Street between Michigan and Pennsylvania Avenue. (85 -GP -2, 85- RZ -4). (Continued from November 25, 1985). Let the record show, although the Public Hearing has been closed, the following citizens were allowed to speak: Speaking in opposition to this project: Mr. Patrick Manifesta, Mrs. Nelda Smith, Mr. Roger Berg and Mr. Jack Moen. Speaking in favor of this project: Mr. Max Ingan (sp ?) Speaking neither in favor or opposition: Ms. Patti Burton, Member of the Planning Commission. a. Consideration of Adoption of Negative Declaration 85- ND -18. Motion by Councilman Russo, second by Councilman Partain, to reject Negative Declaration 85- ND -18. AYES: Councilmen Partain and Russo. NOES: Councilmen Shaw, Waller and Mayor Mitchell. ABSTAIN: None. ABSENT: None. MOTION FAILED. Motion by Councilman Russo, second by Councilman Partain, to continue this agenda item to the regular meeting of January 13, 1986. AYES: Councilmen Partain, Waller and Russo. NOES: Councilman Shaw and Mayor Mitchell. ABSTAIN: None. ABSENT: None. b. ORDINANCE NO. 621 - FIRST READING - Rezoning Certain Property from R -A, Residential Agriculture to PUD -RMF, Residential Multiple Family. Continued to January 13, 1986. The meeting was recessed at 8:45 P.M., reconvening at 8:55 P.M. 18. OUT OF SEQUENCE. Selection of Mayor Pro Tem. Mayor Mitchell indicated he had asked Mr. Partain, Mr. Russo and Mr. Shaw if they would serve as Mayor Pro Tem, and all had indicated they would not be willing to do so. At this point, he asked Council- man Waller if he would be willing to serve, and he indicated that he would accept a nomination. Page 2 B, imont City Council December 9, 1985 Nominations for Mayor Pro Tem were opened by Mayor Mitchell. Councilman Shaw nominated Councilman Waller to serve as Mayor Pro Tem. Councilman Waller nominated Councilman Partain, however, Councilman Partain asked that his name be withdrawn. There being no other nominations, the nominations were closed. VOTE TAKEN FOR COUNCILMAN WALLER: AYES: Councilmen Partain, Shaw, Russo and Mayor Mitchell. NOES: None. ABSTAIN: Councilman Waller. ABSENT: None. 7. RESOLUTION NO. 1985 -28 - Designating Speed Zones. (Continued from November 25, 1985). Motion by Councilman Partain, second by Councilman Shaw, to continue this agenda item to the regular meeting of January 13, 1986. AYES: Councilmen Partain, Shaw, Waller, Russo and Mayor Mitchell. NOES: None. ABSTAIN: None. ABSENT: None. 8. ORDINANCE NO. 621 - SECOND READING - Rezoning Certain Property from R -A to PUD, P -R -SF, P -R -MF, CG, C -HS and CN. Motion by Councilman Partain, second by Councilman Russo, to adopt Ordinance No. 622 at its second reading by reading of the title only. AYES: Councilmen Partain, Mitchell. NOES: None. ABSTAIN: None. ABSENT: None. Shaw, Waller, Russo and Mayor 9. ORDINANCE NO. 623 - SECOND READING - Pertaining to Title 17 of the Beaumont Municipal Code Amending Sections 17.20.210 -10, 17.10.310 -10, 17.35.010 -3, 17.35.025 -1 and 2. Motion by Councilman Russo, second by Councilman Partain, to adopt Ordinance No. 623 at its second reading by reading of the title only. AYES: Councilmen Partain, Shaw, Waller, Russo and Mayor Mitchell. NOES: None. ABSTAIN: None. ABSENT: None. 10. RESOLUTION NO. 1985 -53 - Intention to Order Abandonment and Vacation of a Portion of Third Street and Maple Avenue (85- PP -12, Joe Warren). Motion by Councilman Russo, second by Councilman Shaw, to adopt Resolution No. 1985 -53. AYES: Councilmen Partain, Shaw, Waller, Russo and Mayor Mitchell. NOES: None. ABSTAIN: None. ABSENT: None. Page 3 BE .mont City Council December 9, 1985 11. RESOLUTION NO. 1985 -54 - Intention to Order Abandonment of Maple Avenue from Seventh Street to Eighth Street. Motion by Councilman Russo, second by Councilman Waller, to adopt Resolution No. 1985 -54, which date of January 13, 1986 being set for hearing. AYES: Councilmen Partain, Shaw, Waller, Russo and Mayor Mitchell. NOES: None. ABSTAIN: None. ABSENT: None. 12. Request for Reimbursement of Cost Incurred Due to Sewer Blockage. Motion by Councilman Shaw, second by Councilman Partain, to award payment as requested. AYES: Councilmen Partain, Shaw, Waller, Russo and Mayor Mitchell. NOES: None. ABSTAIN: None. ABSENT: None. 13. RESOLUTION NO. 1985 -55 - To Provide Temporary Waiver of Plumbing Inspection Fee for Installation of Backflow Devices. Motion by Councilman Russo, second by Councilman Partain, to adopt Resolution No. 1985 -55. AYES: Councilmen Partain, Shaw, Waller, Russo and Mayor Mitchell. NOES: None. ABSTAIN: None. ABSENT: None. 14. Request from Councilman Partain for Discussion re: Holding Weekend Meeting to Set Both Short Range and Long Range Goals. Motion by Councilman Shaw, second by Councilman Russo, to hold a weekend meeting to set both short range and long range goals. AYES: Councilmen Partain, Shaw, Waller, Russo and Mayor Mitchell. NOES: None. ABSTAIN: None. ABSENT: None. Motion by Councilman Russo, second by Councilman Waller, to direct the City Manager to bring back to the Council, within the next 60 days, a recommendation for holding weekend meetings, or retreat meetings, with the City Council and the City Manager participating. AYES: Councilmen Partain, Shaw, Waller, Russo and Mayor Mitchell. NOES: None. ABSTAIN: None. ABSENT: None. 15. Request from Mayor Mitchell for Discussion of Construction of Scout House. Councilmen Russo and Partain were requested to serve as a committee to study the construction of the scout house, with a report back to the Council by the end of January, 1986. Page 4 Beaumont City Council December 9, 1985 16. Appointment of Mobile Home Rent Review Commission. Motion by Councilman Russo, second by Councilman Waller, to invite applications for interested parties for the Mobile Home Rent Review Commission, with the applications to be submitted no later than January 17, 1986 for presentation to the Council on January 27, 1986. AYES: Councilmen Partain, Shaw, Waller, Russo and Mayor Mitchell. NOES: None. ABSTAIN: None. ABSENT: None. 17. CONSENT CALENDAR: a. Approval of Minutes of Regular Council Meeting of November 25, 1985 and Adjourned Council Meeting of December 2, 1985. b. Approval of Payment of Warrants as audited per Warrant List of December 9, 1985, in the amount of $109,619.26, and Payroll of November 28, 1985, in the amount of $33,018.82. C. RESOLUTION NO. 1985 -56 - Authorizing City Officials to Order the Deposit and Withdrawal of Monies in the Local Agency Investment Fund. Motion by Councilman Russo, second by Councilman Shaw, to approve Consent Calendar Items "a" through "c ". AYES: Councilmen Partain, Shaw, Waller, Russo and Mayor Mitchell. NOES: None. ABSTAIN: None. ABSENT: None. ADD ITEMS: 19. Approving the Afternoon of December 24, 1985 as Holiday for City Employees. Motion by Councilman Waller, second by Councilman Shaw, to grant the afternoon of December 24, 1985 as a holiday for City employees, with pay, with the exception of the Police Department. AYES: Councilmen Partain, Shaw, Waller, Russo and Mayor Mitchell. NOES: None. ABSTAIN: None. ABSENT: None. 20. Setting Date for Next Regular Council Meeting. Motion by Councilman Russo, second by Councilman Partain, to set the date of the next regular Council Meeting for January 13, 1986, unless pending business would require a special meeting. AYES: Councilmen Partain, Shaw, Waller, Russo and Mayor Mitchell. NOES: None. ABSTAIN: None. ABSENT: None. There being no further business to come before the Council, the meeting was adjourned at 9:40 P.M. Re§-Rectfully submitted, ty City Clerk Page 5 BEAUMONT CITY COUNCIL MINUTES OF ADJOURNED MEETING OF DECEMBER 2, 1985 (Adjourned from November 25, 1985) The Beaumont City Council met in an adjourned meeting at 7:31 P.M., on Monday, December 2, 1985, in the City Council Chambers, with Mayor Russo presiding. A special invocation in memory of Corporal John hackman was given by City Manager Robert J. Bounds. On Roll Call the following Council Members were present: Partain, Shaw, Waller, Mitchell and Mayor Russo. 1. REORGANIZATION OF COUNCIL: a. Nominations for Mayor. The nominations for Mayor were opened by Mayor Russo. Motion by Councilman Mitchell, second by Councilman Shaw, that the nominations be made by ballot. AYES: Councilmen Shaw and Mitchell. NOES: Councilmen Partain, Waller and Mayor Russo. ABSTAIN: None. ABSENT: None. MOTION FAILED. Councilman Partain nominated Councilman Russo for Mayor. Councilman Mitchell nominated himself for Mayor. Councilman Waller nominated Councilman Partain for Mayor. There being no other nominations, the nominations were declared closed. The vote was by roll call vote with the nominees taken in alphabe- tical order. VOTE TAKEN FOR COUNCILMAN MITCHELL: AYES: Councilmen Shaw and Mitchell. NOES: Councilmen Partain, Waller and Mayor Russo. ABSTAIN: None. ABSENT: None. Nomination of Councilman Mitchell failed. Let the record show Councilman Partain withdrew his name from the nominations for Mayor. VOTE TAKEN FOR COUNCILMAN RUSSO. AYES: Councilmen Partain and Russo. NOES: Councilmen Shaw, Waller and Mitchell. ABSTAIN: None. ABSENT: None. Nomination of Councilman Russo failed. Since both nominations failed, Mayor Russo asked that Councilman Partain reconsider the withdrawal of his name. It was determined there should be another roll call vote for those Page 1 Beaumont City Council December 2, 1985 whose names have been placed in nomination. Councilman Partain indicated he would reconsider the withdrawal of his name and agreed to leave his name in nomination. Each nominee made a brief statement as to their desires regarding serving as Mayor. VOTE TAKEN FOR COUNCILMAN MITCHELL. AYES: Councilmen Shaw and Mitchell. NOES: Councilmen Partain, Waller and Mayor Russo. ABSTAIN: None. ABSENT: None. Nomination for Councilman Mitchell failed. VOTE TAKEN FOR COUNCILMAN PARTAIN. AYES: Councilmen Partain and Mayor Russo. NOES: Councilmen Shaw, Waller and Mitchell. ABSTAIN: None. ABSENT: None. Nomination for Councilman Partain failed. VOTE TAKEN FOR COUNCILMAN RUSSO. AYES: Councilmen Partain and Mayor Russo. NOES: Councilmen Shaw, Waller and Mitchell. ABSTAIN: None. ABSENT: None. Nomination for Councilman Russo failed. Councilman Mitchell called for another roll call. VOTE TAKEN FOR COUNCILMAN MITCHELL. AYES: Councilmen Shaw, Walier and Mitchell. NOES: Councilmen Partain and Mayor Russo. ABSTAIN: None. ABSENT: None. On a vote of three ayes, two noes, Councilman Mitchell was declared Mayor of the City of Beaumont. Mayor Mitchell conducted the balance of the meeting from this point in time. b. Nominations for Mayor Pro Tem. Mayor Mitchell nominated Councilman Partain to serve as Mayor Pro Tem. Councilman Partain declined the nomination making a brief statement giving his reasons for declining. Councilman Waller nominated Councilman Russo to serve as Mayor Pro Tem. Councilman Russo also declined the nomination giving his reasons in a brief statement. Councilman Shaw nominated Councilman Wailer to serve as Mayor Pro Tem. Councilman Waller nominated Councilman Shaw to serve as Mayor Pro Tem. Councilman Shaw declined the nomination. Page 2 B zmont City Council December 2, 1985 VOTE TAKEN FOR COUNCILMAN WALLER. AYES: Councilman Shaw and Mayor Mitchell. NOES: Councilmen Partain and Waller. ABSTAIN: None. ABSENT: Councilman Russo. Nomination of Councilman Waller failed. Mayor Mitchell then called for a second vote. Councilman Partain indicated he would not serve as Mayor Pro Tem. Councilman Shaw indicated he could not serve as Mayor Pro Tem. Councilman Waller indicated he would not serve as Mayor Pro Tem. The meeting was recessed at 8:04 P.M. to allow the City Manager to contact the City Attorney regarding the proper procedure to follow since no one has indicated a willingness to serve as Mayor Pro Tem. The meeting was reconvened at 8:10 P.M. The City Manager reported the City Attorney's conclusion on the issue of the Mayor Pro Tem, that if there is a deadlock and it appears it cannot be broken, a Mayor has been elected, and the issue of a Mayor Pro Tem can be held over until the next regular meeting and placed on the agenda at that time. No member of the Council objected to continuing the issue of electing a Mayor Pro Tem until the next regular meeting. Motion by Councilman Waller, second by Councilman Shaw, to adjourn the meeting. AYES: Councilmen Partain, Shaw, Waller and Mayor Mitchell. NOES: None. ABSTAIN: None. ABSENT: Councilman Russo. Meeting adjourned at 8:16 P.M. Respectfully submitted, :R. 4� ty City Clerk Page 3 BEAUMONT CITY COUNCIL MINUTES OF NOVEMBER 25, 1985 The Beaumont City Council met in a regular meeting at 7:40 P.M., on Monday, November 25, 1985, in the City Council Chambers, with Mayor Pro Tem Berg opening the meeting. The Invocation was given by Reverand George Krieger, First Christian Church. The Pledge of Allegiance to the Flag was led by Councilman Shaw. A plaque in appreciation for his service on the City Council was presented to Councilman Berg by Councilman Mitchell. 1. RESOLUTION NO. 1985 -49 - Reciting the Fact of the General Municipal Election Held in Said City on November 5, 1985, Declaring the Result Thereof, and Such Other Matters as are provided by Law. The Resolution was read in its entirety by the Deputy City Clerk, declaring that Fred Shaw, Jim Partain and Marshal Waller were elected as Members of the City Council, Irene Joyce Sweeney was elected as City Clerk, and Donald B. Houston was elected as City Treasurer for the City of Beaumont. Motion by Councilman Mitchell, second by Councilman Partain, to adopt Resolution No. 1985 -49. AYES: Councilmen Partain, Shaw, Berg and Mitchell. NOES: None. ABSTAIN: None. ABSENT: Mayor Russo. 2. Presentation of Certificates of Election and Installation of Newly Elected Officials. The Deputy City Clerk delivered to each newly elected Council Member a Certificate of Election and administered the Oath of Office pre- scribed by the State Constitution of the State of California. 3. On Roll Call the following Council Members were present: Partain, Shaw, Waller and Mitchell. Mayor Russo was excused due to illness. It was the determination of the City Attorney, that, in the absence of the current Mayor, and with no Mayor Pro Tem appointed at this time, it will be necessary for the Council to appoint a Mayor Pro Tem to conduct this meeting only pursuant to Robert's Rules of Order. Councilman Partain nominated Councilman Waller to serve as Mayor Pro Tem for this meeting only. Councilman Shaw nominated Councilman Mitchell to serve as Mayor Pro Tem for this meeting only. On roll call, Councilman Partain voted for Councilman Waller, and Councilmen Shaw and Waller voted for Councilman Mitchell. Having received the majority vote, Councilman Mitchell will chair the meeting for this meeting only. 4. Reorganization of Council: Motion by Councilman Partain, second by Councilman Waller, to post- pone the reorganization until the December 9, 1985 meeting due to the absence of Mayor Russo at this meeting. Motion by Councilman Mitchell, second by Councilman Shaw, to amend Councilman Partain's motion to continue the reorganization to Page 1 BF mont City Council November 25, 1985 Monday, December 2, rather than December 9. VOTE TAKEN ON AMENDMENT: AYES: Councilmen Shaw, Waller and Mayor Pro Tem Mitchell. NOES: Councilman Partain. ABSTAIN: None. ABSENT: Mayor Russo. AMENDMENT CARRIED. VOTE TAKEN ON MAIN MOTION: AYES: Councilmen Partain, Shaw, Waller and Mayor Pro Tem Mitchell. NOES: None. ABSTAIN: None. ABSENT: Mayor Russo. MAIN MOTION CARRIED AS AMENDED. 5. ORAL COMMUNICATION: a. Mr. Roger Berg addressed the Council concerning Council ethics. 6. Consideration of Applications Received to Fill Existing Vacancy on the Planning Commission. Motion by Councilman Shaw, second by Councilman Waller, to continue this agenda item to the regular meeting of December 9, 1985. AYES: Councilmen Partain, Shaw, Waller and Mayor Pro Tem Mitchell. NOES: None. ABSTAIN: None. ABSENT: Mayor Russo. PUBLIC HEARINGS - 8:00 P.M. 7. TENTATIVE PARCEL MAP 21137 - Location: 1141 Beaumont Avenue. Applicant: Bert Faulk. Proposed division of one parcel into three lots. The Public Hearing was opened at 8:20 P.M. There were no proponents or opponents wishing to speak regarding this tentative parcel map. The Public Hearing was closed at 8:21 P.M. Motion by Councilman Partain, second by Councilman Shaw, to approve Tentative Parcel Map 2ii37. AYES: Councilmen Partain, Shaw, Waller and Mayor Pro Tem Mitchell. NOES: None. ABSTAIN: None. ABSENT: Mayor Russo. 8• TENTATIVE PARCEL MAP 21274 - Location: 480 E. 13th Street. Appli- cant: Ralph E. Tapp. Proposed Division of one parcel into four lots. The Public Hearing was opened at 8:22 P.M. There were no proponents or opponents wishing to speak regarding this tentative parcel map. The Public Hearing was closed at 8:24 P.M. Motion by Councilman Shaw, second by Councilman Waller, to approve Tentative Parcel Map 21274. Page 2 Be -1mont City Council NL ,mber 25, 1985 AYES: Councilmen Partain, Shaw, Waller and Mayor Pro Tem Mitchell. NOES: None. ABSTAIN: None. ABSENT: Mayor Russo. 9. PROPOSED ZONE CHANGE - 362 Acres of Land. Applicant: John Vanderwoude, Tahiti and Friestedt Group. Change of Zone from R -A, Rural Agricultural to PUD, Planned Unit Development, RSF, Residential Single Family 5 du /ac, R -M -F, Residential Multiple Family 12 du /ac, CG, General Commercial, C -HS, Highway Services and CN, Neighborhood Commercial (85- RZ -6). The Public Hearing was opened at 8:25 P.M. Mr. John Friestedt addressed the Council as a proponent of this proposed zone change, and indicating he would be happy to answer any questions. There being no other proponents and no opponents wishing to speak, the Public Hearing was closed at 8:26 P.M. Consideration of Adoption of Negative Declaration 85- ND -21. Motion by Councilman Partain, second by Councilman Shaw, to adopt Negative Declaration 85- ND -21. AYES: Councilmen Partain, Shaw, Waller and Mayor Pro Tem Mitchell. NOES: None. ABSTAIN: None. ABSENT: Mayor Russo. ORDINANCE NO. 622 - FIRST READING - Rezoning Certain Property from R -A to PUD, P -R -SF, P -R -MF, CG, C -HS and CN. Motion by Councilman Partain, second by Councilman Waller, to pass Ordinance No. 622 at its first reading by reading of title only. AYES: Councilmen Partain, Mitchell. NOES: None. ABSTAIN: None. ABSENT: Mayor Russo. Shaw, Waller and Mayor Pro Tem 10. PROPOSED TEXTUAL AMENDMENT TO TITLE 17 (ZONING) of the Municipal Code Changing Lot Area per Dwelling Unit and Density in the RMF, Residential Multiple Family Zone and RHD, Residential High Densi- ty Zones. The Public Hearing was opened at 8:30 P.M. There were no proponents or opponents wishing to speak. The Public Hearing was closed at 8:31 P.M. Motion by Councilman Shaw, second by Councilman Partain, to adopt Negative Declaration 85- ND -22. AYES: Councilmen Partain, Mitchell. NOES: None. ABSTAIN: None. ABSENT: Mayor Russo. Shaw, Waller and Mayor Pro Tem ORDINANCE NO. 623 - FIRST READING - Pertaining to Title 17 of the Beaumont Municipal Code Amending Sections 17.20.210 -10, 17.20.310- 10, 17.35.010 -3, 17.35.025 -1 and 2. Page 3 B umont City Council November 25, 1985 Motion by Councilman Partain, second by Councilman Waller, to pass Ordinance No. 623 at its first reading by reading of title only. AYES: Councilmen Partain, Mitchell. NOES: None. ABSTAIN: None. ABSENT: Mayor Russo. Shaw, Waller and Mayor Pro Tem 11. PROPOSED GENERAL PLAN AMENDMENT AND ZONE CHANGE from Rural Resi- dential and R -A to High Density Residential and RHD, Residential High Density. Applicant: Michael A. Lee. Location: South of First Street between Michigan and Pennsylvania Avenue. (85 -GP -2, 85- RZ -4). (Continued from October 28, 1985). Mr. Pat Manifesta, 424 Grove Avenue, Banning, who is a property owner on Michigan in Beaumont, addressed the Council speaking in opposition to this general plan amendment and zone change. Let the record show it was noted the public hearing had been closed at the previous Council meeting, and the proponent for this appli- cation is not present to rebut any comments which Mr. Manifesta has made. Motion by Councilman Waller, second by Councilman Partain, to continue this agenda item to the regular meeting of December 9, 1985. AYES: Councilmen Partain, Mitchell. NOES: None. ABSTAIN: None. ABSENT: Mayor Russo. Shaw, Waller and Mayor Pro Tem 12. RESOLUTION NO. 1985 -28 - Designating Speed Zones. Motion by Councilman Shaw, second by Councilman Partain, to continue this agenda item to the regular meeting of December 9, 1985. AYES: Councilmen Partain, Shaw, Waller and Mayor Pro Tem Mitchell. NOES: None. ABSTAIN: None. ABSENT: Mayor Russo. 13. Status of Beaumont Stor -All (Nottingham Mini - Warehouse) Soils Report. It was the concensus of the Council to receive a status report from the City Manager at the regular meeting of December 23, 1985, or if no meeting is held on the 23rd, to receive this report at the first meeting in January. 14. RESOLUTION NO. 1985 -50 - A Resolution of Intention to Order Abandonment of a Portion of Third Street between California and Walnut and Setting Time and Date of Public Hearing. Motion by Councilman Partain, second by Councilman Shaw, to adopt Resolution No. 1985 -50, with the date of hearing changed to January 13, 1986, at 7:30 P.M. AYES: Councilmen Partain, Mitchell. NOES: None. ABSTAIN: None. ABSENT: Mayor Russo. Shaw, Waller and Mayor Pro Tem Page 4 B ,-_umont City Council November 25, 1985 15. Appeal Filed of Planning Commission Decision. Set Time and Date of Public Hearing. Filed by Vincent D. Schiro. 85 -GP -3, 85 -RZ -5. Location: 625 Palm. Motion by Councilman Partain, second by Councilman Shaw, to con- tinue consideration of this appeal until the regular meeting of December 9, 1985, pending a noticed reconsideration of the project by the Planning Commission. AYES: Councilmen Partain, Mitchell. NOES: None. ABSTAIN: None. ABSENT: Mayor Russo. Shaw, Waller and Mayor Pro Tem 16. Consideration of Award of Backhoe Bid. Motion by Councilman Shaw, second by Councilman Waller, to award the bid contract to Bengal Tractor, Inc. for the pur- chase of a iCB 3CX Sitemaster CM 2WD backhoe /front end loader, to be delivered to the City no later than December 24, 1985, in the amount of $34,001.82; with the purchase being made with $30,000 from the FY 85 -86 budget and $4,001.82 as an unallocated capital expenditure from the Street Department budget. AYES: Councilmen Partain, Mitchell. NOES: None. ABSTAIN: None. ABSENT: Mayor Russo. 17. CONSENT CALENDAR: Shaw, Waller and Mayor Pro Tem a. Approval of Minutes of Regular Council Meeting of November 23, 1985. b. Approval of Payment of Warrants as Audited per Warrant List of November 25, 1985, in the amount of $48,010.78 and Payroll of November 14, 1985, in the amount of $33,231.30. C. RESOLUTION NO. 1985 -51 - Designating the Finance Director as the Tax Administrator Pursuant to Beaumont Municipal Code Section 3.28.020(f) and Ordinance No. 387, Section 2g. d. Consideration of Adoption of Negative Declaration 85- ND -20. Motion by Councilman Partain, second by Councilman Shaw, to approve Consent Calendar Items No. "a" through "d ". AYES: Councilmen Partain, Mitchell. NOES: None. ABSTAIN: None. ABSENT: Mayor Russo. Shaw, Waller and Mayor Pro Tem There being no further business to come before the Council, the meeting was adjourned to 7:30 P.M., on Monday, December 2, 1985, in the City Council Chambers, 550 E. 6th Street. The meeting was adjourned at 9:35 P.M. Respectfully submitted, Page 5 ty City C1er BEAUMONT CITY COUNCIL MINUTES OF NOVEMBER 12, 1985 The Beaumont City Council met in a regular meeting at 7:32 P.M., on Tuesday, November 12, 1985, in the City Council Chambers, with Mayor Russo presiding. The Invocation was given by Associate Pastor Steve Harris, lst Southern Baptist Church. The Pledge of Allegiance to the Flag was led by Councilman Partain. On Roll Call the following Council Members were present: Partain, Shaw, Berg, Mitchell and Mayor Russo. 1. ORAL COMMUNICATION: There were no requests to speak to the Council under oral communication. 2. RESOLUTION NO. 1985 -28 - Pursuant to Chapter 10.4 of the Municipal Code of Beaumont to Designate Speed Zones. (Continued from September 10, 1985). This agenda item was continued to the regular meeting of November 25, 1985. 3. Consideration of Award of Bid for 16 Passenger Bus. Motion by Councilman Mitchell, second by Councilman Shaw, to reject the bid of Paramount Equipment Sales as not being a responsible bid, and award the bid to National Coach for a transit van in the amount of $39,854.38. AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. I40ES : None. ABSTAIN: None. ABSENT: None. 4. Request from Baldi Bros. Construction to Amend Requirement to Extend Third Street. Mr. Emanuel Baldi addressed the Council on behalf of Daldi Bros. Con- struction enumerating the reasons for not wishing to construct Third Street from California to Walnut. 1) It would not be to the benefit of the project to construct Third Street; 2) it would only be a half street with the remaining half remaining a dirt street; 3) an exist- ing residence would only be two feet away from the right -of -way if the street is extended; 4) the entire piece of property could be developed into an industrial area all the way to the railroad tracks if the street were not extended, and be a very valuable asset to the City; 5) extending Third Street would not serve the community any better than it does now. He then outlined his proposed alternate plan to constructing Third Street, basically that developing the parking lot as it is designed would almost take the place of the street, giving access for the fire department, police department, and whatever else is needed. The driveway will be installed at the end of the existing Third Street going west and would come out on the other side, so would almost take the place of the street except you would have to go through the parking lot, which would be kept open for this purpose all of the time. Ron Larson, Beaumont Director of Community Development, outlined the reasons for his recommendation not to grant the request, mainly that Third Street should be extended to service the residents to the west of the development and to improve circulation in the area. Page 1 �aumont City Council November 12, 1985 There was continued discussion at the Council level, with Mr. Baldi and Mr. Larson answering questions from the Council. Motion by Councilman Mitchell, second by Councilman Berg, to grant the request of Baldi Bros. Construction to amend the requirement to extend Third Street subject to the City meeting all legal require- ments for abandonment of Third Street. AYES: Councilmen Partain, NOES: Russo. NOES: None. ABSTAIN: None. ABSENT: None. 5. CONSENT CALENDAR: Shaw, Berg, Mitchell and Mayor a. Approval of Minutes of Regular Council Meeting of October 28, 1985. b. Acceptance of Minutes of Regular Planning Commission Meeting of October 15, 1985. C. Approval of Payment of Warrants as audited per Warrant List of November 12, 1985, and Payroll of October 31, 1985. d. RESOLUTION NO. 1985 -47 - Appointment of Paul Turner as Deputy Building Official as Provided in Section 202.(b) of the Uniform Building Code. e. Report of Action by Planning Commission at Meeting of November 6, 1985. Motion by Councilman Berg, second by Councilman Shaw, to approve Consent Calendar Items No. "a" through "e ". AYES: Councilmen Partain, NOES: None. ABSTAIN: None. ABSENT: Councilman Mitchell. Shaw, Berg and Mayor Russo. Let the record show Councilman Mitchell was excused at 8:14 just prior to the vote being taken on the Consent Calendar. 6. The meeting was adjourned to Closed Session at 8:15 P.M. pursuant to Government Code Section 54957 to consider personnel matters. The meeting was reconvened to Regular Session at 8:32 P.M. Let the record show the discussion in Closed Session pertained to the performance of the City Manager in accordance with the original conversation with him when he was hired last May. No action was taken in Closed Session. Motion by Councilman Berg, second by Councilman Mitchell, to increase the City Manager's salary to the amount of $43,000 per year, effec- tive immediately, by adoption of Resolution No. 1985 -48. AYES: Councilmen Partain, Russo. NOES: None. ABSTAIN: None. ABSENT: None. Shaw, Berg, Mitchell and Mayor There being no further business to come before the Council, the meeting was adjourned at 8:35 P.M. Respectfully submitted, D uty City Clerk Page 2 BEAUMONT CITY COUNCIL MINUTES OF OCTOBER 28, 1985 The Beaumont City Council met in a regular meeting at 7:30 P.M., on Monday, October 28, 1985, in the City Council Chambers, with Mayor Russo presiding. The Invocation was given by Reverand May Young, Trinity Pentacostal. The Pledge of Allegiance to the Flag was led by Councilman Berg. On Roll Call the following Council Members were present: Partain, Shaw, Berg, Mitchell and Mayor Russo. 1. ORAL COMMUNICATION: No one requested to address the Council under Oral Communication. 2. ORDINANCE NO. 620 - SECOND READING - Prezoning Certain Property From County R -3 to City RHD (85- RZ -3). Location: Southeast Corner of Xenia and Eighth Street and Southwest Corner of Allegheny and Eighth Street. (Annexation 85- ANX- 2 -38). Motion by Councilman Mitchell, second by Councilman Berg, to adopt Ordinance 620 at its second reading. AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. 3. Discussion of Palm Avenue as "Special Design Street ". (Continued from August 26, 1985). Motion by Councilman Shaw, second by Councilman Mitchell, to remove this item from the agenda and allow it to proceed through the normal process of Planning Commission review and recommendation to Council. AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. Item No. 4 is a Public Hearing noticed for 8:00 P.M. Since it is not yet 8:00 P.M., the Council will hold Item No. 4 and move on to con- sideration of Item No. 5. 5. Report Concerning Purchase of New Photocopy Equipment. Motion by Councilman Partain, second by Councilman Shaw, to auth- orize the City Manager to execute the necessary documents with Gateway Western Bank to lease /purchase a Canon NP7550 for thirteen (13) months at $1,204.61 per month; the payments to be $2,500.00 from the City Manager's equipment budget and the remaining pay- ments from the General Government Equipment Rental budget which expenditure has not been allocated for Fiscal Year 1985 -86. AYES: C Councilmen Partain, S Page 1 M rip Beak. «ont City Council October 28, 1985 Report Concerning Planning Commissioner Applications. Motion by Councilman Shaw, second by Councilman Berg, to extend the time for receiving applications, with each Council Member contacting members of the community they feel would serve in this capacity, with the names of those who have indicated a willingness to serve being submitted to the Council on or before Monday, November 18 so they may be included in the agenda pack- ets for Council consideration at the regular meeting of November 25. AYES: Councilmen Partain, Russo. NOES: None. ABSTAIN: None. ABSENT: None. CONSENT CALENDAR Shaw, Berg, Mitchell and Mayor a. Approval of Minutes of Regular Council Meeting of October 14, 1985. b. Acceptance of Minutes of Regular Planning Commission Meeting of October 1, 1985. C. Approval of Payment of Warrants as audited per Warrant List of October 28, 1985, in the amount of $61,605.58 and Payroll of October 17, 1985, in the amount of $34,011.80. d. Amendment of Agreement with Riverside County Fire Department to include New Fire Truck. e. Report of Action by Planning Commission at Meeting of October 15, 1985. Motion by Councilman Berg, second by Councilman Partain, to adopt Consent Calendar Items No. "a" through "e ". AYES: Councilmen Partain, Russo. NOES: None. ABSTAIN: None. ABSENT: None. Shaw, Berg, Mitchell and Mayor The meeting was recessed at 7:50 P.M. and reconvened at 8:00 P.M. 4. PUBLIC HEARING - 8:00 P.M. - Proposed General Plan Amendment and Zone Change from Rural Residential and R -A to High Density Residential and RHD, Residential High Density. Applicant: Michael A. Lee. Location: South of First Street between Michigan and Pennsylvania Avenue. (85 -GP -2, 85- RZ -4). The Public Hearing was opened at 8:01 P.M. Mr. Edmund Lee, 537 Golden Prados, Diamond Bar, a partner in this project, addressed the Council as a proponent of this project. There were no other proponents wishing to speak. There were no opponents in the audience wishing to speak to this issue. There being no other proponents and no opponents wishing to speak, the public hearing was closed at 8:03 P.M. Councilmen Berg, Partain and Shaw indicated they felt the Council needed more time to study this proposed development before action is taken. It was the concensus of the Council to hold consideration of adoption of Negative Declaration 85- ND -18, General Plan Amendment 85 -GB -2 and Ordinance No. 621 for further study, with the agenda items bung returned to the Council at the regular meeting of November 25, 1985. Page 2 Beaumont City Council October 28, 1985 Councilman Shaw requested that an additional item be added to the agenda for Council consideration. It was the concensus of the Council to allow this addition to the agenda. 8. City Participation in Purchase of Mat Jack Air Bag for the Fire Department. Councilman Shaw described this piece of equipment, and recommended the City assist the Fire Department in the purchase. They have held an auction and are within approximately $400.00 of the purchase price. Motion by Councilman Shaw, second by Councilman Berg, for the City to pay $400.00 of the cost of this equipment. At this point in time Councilman Mitchell requested that a vote be taken on Agenda Item No. 4. Councilman Shaw withdrew his motion, and Councilman Berg withdrew his second on Agenda Item No. 8 until such time as a vote can be taken on Agenda Item No. 4. 4. PUBLIC HEARING - 8:00 P.M. - Proposed General Plan Amendment and Zone Change from Rural Residential and R -A to High Density Residential and RHD, Residential High Density. Applicant: Michael A. Lee. Location: South of First Street between Michigan and Pennsylvania Avenue. (85 -GP -2, 85- RZ -4). Motion by Councilman Berg, second by Councilman Mitchell, to hold this agenda item until the regular meeting of November 25, 1985. AYES: Councilmen Partain, Russo. NOES: None. ABSTAIN: None. ABSENT: None. Shaw, Berg, Mitchell and Mayor 8. City Participation in Purchase of Mat Jack Air Bag for the Fire Department. Motion by Councilman Shaw, second by Councilman Berg, that the City provide an amount not to exceed $500.00 for the purchase of a Mat Jack for the Fire Department, with the funds to be allocated from the Fire Department Equipment Fund. AYES: Councilmen Partain, Russo. NOES: None. ABSTAIN: None. ABSENT: None. Shaw, Berg, Mitchell and Mayor There being no further business to come before the Council, the meeting was adjourned at 8:25 P.M. Res ectfully submitted, Z. L � De ty City Clerk Page 3 BEAUMONT CITY COUNCIL MINUTES OF OCTOBER 14, 1985 The Beaumont City Council met in a regular meeting at 7:30 P.M., Monday, October 14, 1985, in the City Council Chambers, with Mayor Russo presiding. The Invocation was given by Councilman Partain. The Pledge of Allegiance was led by Councilman Berg. On Roll Call the following Council Members were present: Partain, Shaw, Berg, Mitchell and Mayor Russo. 1. ORAL COMMUNICATION: a. Mr. Harold Blackaby, 662 Maple, addressed the Council concerning public notices. A recent public notice that was published in the newspaper, and also mailed to interested property owners, referred to a four -plex building at 625 Palm, however, the agenda for the Planning Commission refers to a six -plex building. He does not feel this can be a legal public notice. Ron Larson explained there are two separate projects. One is a four -plex on Palm Avenue, the other is a six -plex on Chestnut. Both projects are for the same applicant, which may be confusing. Mr. Blackaby then began commenting regarding the development it- self, and it was suggested this should be addressed at the Planning Commission meeting tomorrow night. 2. ORDINANCE NO. 619 - SECOND READING - Rezoning Certain Property from County M -M, Manufacturing - Medium and R -A, Residential Agriculture to City M -L, Light Manufacturing and PUD, P -R -MF, Planned Unit De- velopment, Residential Multi - Family (85- RZ -2). Motion by Councilman Berg, second by Councilman Mitchell, to adopt Ordinance No. 619 at its second reading by reading of the title only. AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. 3. RESOLUTION NO. 1985 -46 - Consenting and Authorizing Submittal of Annexation Application of Uninhabited Territory (Beaumont 85- ANX -2- 38). Motion by Councilman Shaw, second by Councilman Mitchell, to adopt Resolution No. 1985 -46, consenting and authorizing submittal of annexation application of uninhabited territory (Beaumont 85- ANX -2- 38) including Mr. Chuck Menley's property as originally proposed. AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. 4. Consideration of Assignment of Sewer Service Agreement from Munici- Corp of California to Mitsuteru Nakashima and Mikiye Nakashima. Motion by Councilman Mitchell, second by Councilman Partain, to authorize the Mayor to execute a letter acknowledging the City's consent for assignment of the delineated right, title and interest in the Sewer Service Agreement. Page 1 Bea )nt City Council October 14, 1985 AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. The time not yet being 8:00 P.M., the time noticed for the public hearings, the Council considered Items No. 9, 10, 11 and 12 out of sequence. 9. CONSENT CALENDAR: a. Approval of Minutes of Adjourned Council Meeting of September 18, 1985, Regular Council Meeting of September 23, 1985 and Adjourned Council Meeting of October 3, 1985. b. Acceptance of Minutes of Planning Commission Meeting of September 17, 1985. C. Approval of Payment of Warrants as Audited per Warrant List of October 14, 1985, and Payrolls of September 19, 1985 and Octo- ber 3, 1985. d. RESOLUTION NO. 1985 -45 - Authorizing the Signing and Execution of an Amendment to the Memorandum of Understanding Between the City of Beaumont and the Beaumont Confederation of Police of the California Organization of Police and Sheriffs and an Amendment to the Memorandum of Understanding Between the City of Beaumont and Police Sergeants as Individuals. e. Authorization for Deputy Chief of Police Funston to Travel Out of the Area for Training Course. f. Negative Declaration 85- ND -14. Applicant: James Hayes Yamaha Sales. Location: 680 Beaumont Avenue. g. Negative Declaration 85- ND -19. Applicant: Joe Warren: Loca- tion: Southwest Corner of Third Street and Maple Avenue. h. Authorize Staff to Call for Bids on Loader /Backhoe. i. Report of Planning Commission Action at Meeting of October 1, 1985. Motion by Councilman Mitchell, second by Councilman Berg, to approve Consent Calendar Items (a) through (i). AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. 10. Recess to Closed Session at 7:45 P.M.: a. Pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been in- itiated formally and to which the City is a party. The title of the litigation is Mitchell vs City of Beaumont. b. Pursuant to Government Code Section 54957 to consider personnel matters. Reconvene to Regular Session at 8:04 P.M. Let the record show no definitive action was taken in Closed Session. Page 2 Bea ant City Council October 14, 1985 5. HEARING to Show Cause Why Building Situated at 790 Michigan Avenue, Beaumont, California Should Not Be Condemned as a Public Nuisance. The Hearing was opened at 8:04 P.M. Mr. Paul Turner, the City Building Inspector, reported to the Council the condition of the property located at 790 Michigan, and recommended condemnation. There were no opponents speaking to this issue. The City Attorney indicated the property owner, Mr. Neal T. Baker, had been given proper notice, and the attorney's office had spoken with Mr. Baker and he had indicated that he is anticipating the condemnation. The Hearing was closed at 8:07 P.M. Motion by Councilman Mitchell, second by Councilman Partain, that the abatement be exercised in accordance with law through the City's attorney. AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. 6. APPEAL of Planning Commission Decision. Denial of Application for General Plan Amendment and Zone Change. Applicant: Ronald Hemsley and John Mariani. Location: Northeast Corner of Cougar Way and Sunnyslope Avenue. The Hearing was opened at 8:08 P.M. The proponent, Mr. Ronald Hemsley, spoke in favor of this General Plan Amendment and Zone Change, reading from a prepared statement which is a matter of record on the tape of this meeting. Opponents speaking against approval of this General Plan Amendment and Zone Change were: Mr. Russ R. Russell, Mr. Larry Gordon and Mrs. Jan Cummings. Opponents Greg Conte, Patsy Reeley, Rupert Towell, and Helen Holt all concurred with the statements made by Mr. Russell. Patty Burton, Beaumont Planning Commissioner, addressed the Council, taking exception to certain statements made by Mr. Hemsley regarding the hearing before the Planning Commission. The Hearing was closed at 8:21 P.M. Motion by Councilman Berg, second by Councilman Shaw, to deny the appeal filed by Mr. Ronald Hemsley. AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. 7. TENTATIVE PARCEL MAP 18383. Applicant: Thad and Shirley Schoerberl. Location: 1298 Pennsylvania Avenue. The Hearing was opened at 8:25 P.M. Let the record show the applicants were not present. Mr. Larry Gordon, speaking neither as a proponent or opponent, asked a question concerning the improvements of Cherry Avenue. Mr. Ron Larson, Director of Communit Development, briefly described the types of improvements which woul�21,�required when the property is developed. — There were no proponents or opponents speaking to this issue. Page 3 Beaumont City Council October 14, 1985 The Hearing was closed at 8:32 P.M. Motion by Councilman Mitchell, second by Councilman Partain, to adopt Tentative Parcel Map 18383. AYES: Councilmen Partain, NOES: Russo. NOES: None. ABSTAIN: None. ABSENT: None. Shaw, Berg, Mitchell and Mayor 8. PRE - ANNEXATION ZONE CHANGE AND GENERAL PLAN Harry Mitchell /Irish Mitchell /Sandborn /Webb Southeast Corner of Xenia and Eighth Street Allegheny and Eighth Street. Change of Zon, family Residential to City RHD, Residential 2 -38 and 85- RZ -3). The Hearing was opened at 8:32 P.M. AMENDMENT. Applicants: Engineering. Location: and Southwest Corner of from County R -3, Multi - High Density. (85 -ANX- Mr. Harry Mitchell, representing the applicants, spoke in favor of this Zone Change and General Plan Amendment. His only concern was the inclusion of Mr. Chuck Menley's property possibly causing a de- lay of the annexation, and was assured this would not delay the processing of the annexation application. Mr. Landy Foster, 13044 Palo Alto, spoke in opposition to this Zone Change and General Plan Amendment. Speaking neither in favor of or against the Zone Change and General Plan Amendment, Mr. Cabrera and Mr. Goodman, who are residents on Eighth Street, addressed the Council asking that the alleyway which now exists coming from Eighth Street to the acreage being addressed, be used as a service entrance and not for public ingress and egress for the development. Mr. Goodman also wanted to know if there would be a street coming from Xenia or Allegheny to serve these properties. Ron Larson clarified that these properties would not affect the existing alleyway. The Hearing was closed at 8:45 P.M. Consideration of Adoption of Negative Declaration 85- ND -13. Motion by Councilman Partain, second by Councilman Berg, to adopt Negative Declaration 85- ND -13. AYES: Councilmen Partain, NOES: None. ABSTAIN: Councilman Mitchell. ABSENT: None. Shaw, Berg and Mayor Russo. ORDINANCE NO. 620 - FIRST READING - Rezoning Certain Property from County R -3 Multi - Family Residential to City RHD, Residential High Density (85- RZ -3). Motion by Councilman Partain, second by Councilman Berg, to pass Ordinance No. 620 at its first reading by reading of title only. AYES: Councilmen Partain, NOES: None. ABSTAIN: Councilman Mitchell. ABSENT: None. Shaw, Berg and Mayor Russo. 11. Consideration of Proposed Settlement in case of Mitchell vs City of Beaumont. Motion by Councilman Berg, second by Councilman Shaw, to settle the case of Mitchell vs City of Beaumont in the amount of $7,500 with a full and final release of all claims against the City. Page 4 12. Beaumont City Council October 14, 1985 AYES: Councilmen Partain, Shaw, Berg and Mayor Russo. NOES: None. ABSTAIN: Councilman Mitchell. ABSENT: None. Consideration of Proposed Settlement in Regards to the Former City Manager, Norman J. Davis. Motion by Councilman Mitchell, second by Councilman Shaw, to settle with Mr. Norman J. Davis for the sum of $28,000.00 all of the claims for severance pay and remuneration set forth in the section on se- verance pay in his employment contract, representing a savings of approximately $10,000.00. AYES: Councilmen Partain, Russo. NOES: None. ABSTAIN: None. ABSENT: None. Shaw, Berg, Mitchell and Mayor There being no further business to come before the Council, the meeting was adjourned at 8:52 P.M. Respectfully submitted, Page 5 BEAUMONT CITY COUNCIL MINUTES OF ADJOURNED MEETING OF OCTOBER 3, 1985 (Adjourned from September 23, 1985) The Beaumont City Council met in an adjourned meeting at 7:09 P.M., on Thursday, October 3, 1985, in the City Manager's Conference Room, with Mayor Russo presiding. 1. Appointment of Clerk Pro Tem. On Motion by Councilman Partain, with the concurrence of the Council, Councilman Shaw was appointed to serve as Clerk Pro Tem for this meeting. 2. On Roll Call the following Council Members were present: Partain, Shaw, Berg and Mayor Russo. Councilman Mitchell was absent. Motion by Councilman Berg, second by Councilman Shaw, that a closed session be added to the agenda to discuss personnel matters. AYES: Partain, Shaw, Berg and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: Councilman Mitchell. 6. Recess to Closed Session at 7:13 P.M. to consider personnel matters pursuant to Government Section 54957. Reconvene to Regular Session at 7:53 P.M. Let the record show no definitive action was taken in closed session. 3. Consideration of Adoption of Final Budget - Fiscal Year 1985 -86. Motion by Councilman Shaw, second by Councilman Partain, to trans- fer $25,000 from the City Hall building fund to the General Fund for the equipment for the new fire truck. AYES: Partain, Shaw, Berg and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: Councilman Mitchell. Motion by Councilman Partain, second by Councilman Berg, to adopt the Final Budget for Fiscal Year 1985 -86 after the transfer of $25,000 from the City Hall building fund to the General Fund. AYES: Partain, Shaw, Berg and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: Councilman Mitchell. Let the record show the final budget for fiscal year 1985 -86 for the General Fund is $2,486,737. The final budget for all funds is $5,733,029. 4. Request from City Manager for Consideration in Seeking Funding for Railroad Crossing. The City Manager discussed possible funding for an overpass over the Southern Pacific railroad tracks on Beaumont Avenue with the City Council. Page 1 Beaumont City Council October 3, 1985 Motion by Councilman Berg, second by Councilman Partain, to authorize the City Manager to place an order with Instant Free- way Corporation for a "flyover" bridge subject to the approval of CalTrans and all other regulatory agencies. AYES: Partain, Shaw, Berg and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: Councilman Mitchell. It was agreed that the City will assist Instant Freeway Corpora- tion in seeking demonstration project funds from State and Federal agencies to fund this project. 5. Consideration of Claim for damages Filed by Ms.Susan Reichling Resulting from Automobile Accident Involving City Bus. Motion by Councilman Partain, second by Councilman Berg, to pay the claim of $561,68 filed by Ms. Susan Reichling resulting from an automobile accident involving a City bus. AYES: Partain, Shaw, Berg and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: Councilman Mitchell. There being no further business to come before the Council, the meeting was adjourned at 8:25 P.M. Respectfully submitted, Fred Shaw, Clerk Pro Tem Page 2 BEAUMONT CITY COUNCIL MINUTES OF SEPTEMBER 23, 1985 The Beaumont City Council met in a regular meeting at 7:30 P. M., on Mon- day, September 23, 1985, in the City Council Chambers, with Mayor Russo pre- siding. The Invocation was given by Councilman Berg. The Pledge of Allegiance to the Flag was led by Councilman Shaw. On Roll Call the following Council Members were present: Partain, Shaw, Berg and Mayor Russo. Councilman Mitchell was absent. 1. Presentation by Riverside County Fire Department, Emergency Services Division, Pertaining to Project QUAKE S.A.F.E. Jeri L. Hartman, Operations Officer for Emergency Service Division, presented information concerning the strong possibility of an earth- quake in the Pass area over the magnitude of eight on the Richter Scale, and the fact the Pass area is not prepared. At the conclusion of her presentation, she requested Beaumont's participation in the QUAKE S.A.F.E. program. 2. ORAL COMMUNICATION: There were no members of the audience requesting to speak under oral communication. 3. PUBLIC HEARING - 8:00 P.M. - Proposed Pre - Annexation Change of Zone from County M -M and R -A to M -L, Light Manufacturing and PUD, P -R -MF, Residential Multiple Family. Location: South of I -10 Freeway and West of Highland Springs Road. Applicant: Loma Linda University and Dorn Properties. The Public Hearing was opened at 8:00 P.M. Kathy Gifford, representing Psomas- Harrison, agent for Loma Linda Properties and Mr. Dorn, addressed the Council as a proponent for this pre- annexation change of zone, stating she was available for any questions. Let the record show there were no other proponents wishing to speak, and there were no opponents wishing to speak. The Public Hearing was closed at 8:02 P.M. Consideration of Adoption of Negative Declaration 85- ND -12. Motion by Councilman Berg, second by Councilman Shaw, to adopt Nega- tive Declaration 85- ND -12. AYES: Councilmen Partain, NOES: None. ABSTAIN: None. ABSENT: Councilman Mitchell. Shaw, Berg and Mayor Russo. ORDINANCE NO. 619 - FIRST READING - Rezoning Certain Property From County M -M, Manufacturing - Medium and R -A, Residential Agriculture to City M -L, Light Manufacturing and PUD, P -R -MF, Planned Unit Development, Residential Multi - Family (85- RZ -2). Motion by Councilman Berg, second by Councilman Shaw, to pass Ordi- nance 619 at its first reading. The Ordinance was read in its entirety by the Deputy City Clerk -1- 4. 5. 0 Beaumont City Council September 23, 1985 r (Let the record show Mayor Russo was excused at 8:10, resuming his chair at 8:11 P.M.) Mayor Pro Tem Berg called for the vote. AYES: Councilmen Partain, Shaw and Mayor Pro Tem Berg. NOES: None. ABSTAIN: None. ABSENT: Councilman Mitchell and Mayor Russo. RESOLUTION NO. 1985 -41 - Consenting and Authorizing Submittal of Annexation Application of Uninhabited Territory (Beaumont 85- ANX -1- 37) . Motion by Councilman Berg, second by Councilman Partain, to adopt Resolution No. 1985 -41. AYES: Councilmen Partain, NOES: None. ABSTAIN: None. ABSENT: Councilman Mitchell. Shaw, Berg and Mayor Russo. RESOLUTION NO. 1985 -36 - Requiring Installation of Backflow Device. (Continued from August 26, 1985). Motion by Councilman Berg, second by Councilman Partain, to adopt Resolution No. 1985 -36. AYES: Councilmen Partain, NOES: None. ABSTAIN: None. ABSENT: Councilman Mitchell. Shaw, Berg and Mayor Russo. RESOLUTION NO. 1985 -42 - Designating a Loading Zone on Orange Avenue East of City Hall Building. Motion by Councilman Shaw, second by Councilman Partain, to adopt Resolution No. 1985 -42. AYES: Councilmen Partain, NOES: None. ABSTAIN: None. ABSENT: Councilman Mitchell. Shaw, Berg and Mayor Russo. RESOLUTION NO. 1985 -43 - Making Applicable the Provisions of Code of Civil Procedure Section 1094.6 Providing for Judicial Review of Administrative Decisions. Motion by Councilman Berg, second by Councilman Partain, to adopt Resolution No. 1985 -43. AYES: Councilmen Partain, NOES: None. ABSTAIN: None. ABSENT: Councilman Mitchell. Shaw, Berg and Mayor Russo. 7. Acceptance of Resignation of Gene Thompson from Planning Commission. Motion by Councilman Partain, second by Councilman Shaw, to accept the resignation of Gene Thompson from the Planning Commission. AYES: Councilmen Partain, NOES: None. ABSTAIN: None. ABSENT: Councilman Mitchell. Shaw, Berg and Mayor Russo. The City Clerk was directed to post notice of vacancy on the Planning Commission and invite applications from interested citizens to fill the vacancy, with the closing date for receiving applications being set for October 23, 1985, with selection of the new Planning Commis- sioner being placed on the agenda of October 28, 1985. -2- Beaumont City Council September 23, 1985 8. CONSENT CALENDAR: a. Approval of Minutes of Adjourned Council Meeting of September 5, 1985 and Regular Council Meeting of September 10, 1985. b. Acceptance of Minutes of Planning Commission Meeting of September 3, 1985. d. Consideration of Adoption of Negative Declaration 85- ND -15. Location: Fifth Street between Egan and Wellwood Avenues. Applicant: Josef Zerr, Hemet Valley Monuments. e. Consideration of Adoption of Negative Declaration 85- ND -16. Location: Northwest corner of "B" Street and Minnesota Avenue. Applicant: Manuel S. Bethencourt. f. Report of Planning Commission Action at Meeting of September 17, 1985. At the request of Councilman Shaw, Consent Calendar Item "c" was removed from the consent calendar and will be considered separately. Motion by Councilman Berg, second by Councilman Partain, to approve Consent Calendar Items "a" through "f ", with the exception of Item "c ", which will be considered separately. AYES: Councilmen Partain, NOES: None. ABSTAIN: None. ABSENT: Councilman Mitchell. Shaw, Berg and Mayor Russo. 9. Recess to Closed Session Pursuant to Government Code Section 54957.6 to meet with its Designated Representatives Regarding Labor Relations Matters at 8:30 P.M. Reconvene to Regular Session at 9:52 P.M. Let the record show no definitive action was taken in closed session. 10. RESOLUTION NO. 1985 -44 - Authorizing the Signing and Execution of the Memorandum of Understanding Between the City of Beaumont and the General Employees Unit Represented by the Public Employees Association of Riverside County, Inc. Motion by Councilman Berg, second by Councilman Partain, to adopt Resolution No. 1985 -44 AYES: Councilmen Partain, NOES: None. ABSTAIN: None. ABSENT: Councilman Mitchell. Shaw, Berg and Mayor Russo. 11. Consideration of Adoption of Final Budget - Fiscal Year 1985 -86. The City Manager advised the Council he was not prepared to adopt the Final Budget tonight and requested an adjourned meeting the first week in October. The date of October 3 at 7:00 P.M. was set for this adjourned meeting. 12. Approval of Payment of Warrants as Audited per Warrant List of September 23, 1985, Payroll of September 5, 1985, in the amount of $31,572.54 and Supplemental Payroll of September 20, 1985, in the amount of $7,356.24. Motion by Councilman Berg, second by Partain, to approve the payment of warrants with the exception of Warrant No. 3148. AYES: C Councilmen Partain, S -3- Beaumont City Council September 23, 1985 There being no further business to come before the Council, the meeting was adjourned to 7:00 P.M., on Thursday, October 3, 1985, in the City Council Chambers. Meeting Adjourned at 9:59 P.M. Resp�tfully submitted, -40& Lltl ty City Cler -4- BEAUMONT CITY COUNCIL MINUTES OF ADJOURNED MEETING OF SEPTEMBER 18, 1985 (Adjourned from September 10, 1985) The Beaumont City Council met in an adjourned meeting at 6:40 P.M., on Wednesday, September 18, 1985, in the City Council Chambers, with Mayor Russo presiding. On motion by Councilman Partain, with concurrence of the Council, Fred Shaw was appointed to serve as Clerk Pro Tem for this meeting. On Roll Call the following Council Members were present: Partain, Shaw, Berg and Mayor Russo. Councilman Mitchell was absent. 1. Continuation of Review of Proposed Budget, Fiscal Year 1985 -86. The City Manager gave a verbal report concerning the updated pro- posed budget, and indicating there were still corrections to be made to fine tune the budget. The Council and the City Manager then reviewed the updated budget department by department, discussing the various increases and decreases within these budgets. The Council requested additional information concerning the following: a. Keeping Room 9 open during the lunch hour. b. Additional Christmas decorations, specifically putting lights in one or more of the trees in front of City Hall. C. When the fans for the outside doors will be installed. d. What location is proposed for the new passenger shelter. e. Upgrading of ballpark in Stewart Park, and also restrooms, using Conservation Corp. grant. 2. The meeting was recessed to closed session at 8:40 P.M., pursuant to Government Code Section 54956.6 to meet with its designated re- presentative regarding labor relations matters. The meeting was reconvened to regular session at 9:30 P.M. Let the record show: a. Councilman Mitchell arrived at 9:15 P.M. b. No definitive action was taken in closed session. 3. Review of Sign Ordinance. Let the record show it was the concensus of the Council that the review of the sign ordinance will be taken off the agenda for September 23, and will be brought back to the Council at a future date yet to be determined by the City Manager. After review by the City Manager and City Attorney, the report and proposed amended Ordinance will be presented to the Planning Commission for review prior to submittal to the City Council. There being no further business to come before the Council, the meeting was adjourned at 9:34 P.M. Respectfully submitted, Fred Shaw, Clerk Pro Tem BEAUMONT CITY COUNCIL MINUTES OF SEPTEMBER 10, 1985 The Beaumont City Council met in a regular meeting at 7:40 P. M., on Tues- day, September 10, 1985, in the City Council Chambers, with Mayor Russo pre- siding. The Invocation was given by Pastor Bob Whited, Cherry Valley Brethren. The Pledge of Allegiance to the Flag was led by Councilman Berg. On Roll Call the following Council Members were present: Partain, Shaw, Berg, Mitchell and Mayor Russo. 1. ORAL COMMUNICATION: a. Mr. Raymond Berg, 665 Illinois, addressed the Council concerning the fact the Animal Control Officer had come to their house and inquired where their dog was. His wife informed the officer the dog was in the back yard. In response to his wife's questions, the officer indicated there had been no complaint, he just wanted to find out where the dog was. He feels this is a waste of time, money and use of the animal control officer when there has been no complaint. He requested the City Council to direct the City Manager to look into the matter as he felt this was an abuse of City funds and vehicle usage. The Council requested the City Manager to follow up on this complaint. 2. ORDINANCE NO. 616 - FIRST READING - Amending Chapter 16.40 of the Municipal Code of Beaumont, to Add Section 16.40.110 Pertaining to Soils Reports for Subdivision Maps. (Continued from August 26, 1985). Motion by Councilman Berg, second by Councilman Shaw, that Ordin- ance No. 616 not be adopted, with the number 616 being designated as a non - adopted ordinance. AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. 3. ORDINANCE NO. 618 - SECOND READING - Amending Beaumont Municipal Code Title 17 (Zoning) To Provide Ten (10) Day Notice for Public Hearings. Motion by Councilman Berg, second by Councilman Partain, to adopt Ordinance No. 618 at its second reading by reading of title only. AYES: Councilmen Partain, Shaw, Berg and Mayor Russo. NOES: Councilman Mitchell. ABSTAIN: None. ABSENT: None. The Ordinance was read by title only by the Deputy City Clerk. 4. RESOLUTION NO. 1985 -28 - Pursuant to Chapter 10.04 of the Municipal Code of Beaumont to Designate Speed Zones. Page 1 5. C:0 7. M Beaumont City Council September 10, 1985 Motion by Councilman Shaw, second by Councilman Berg, to continue consideration of Resolution No. 1985 -28 to the regular meeting of November 12, 1985. AYES: Councilmen Partain, Russo. NOES: None. ABSTAIN: None. ABSENT: None. Shaw, Berg, Mitchell and Mayor RESOLUTION NO. 1985 -40 - Curb Marking Between Beaumont Avenue and Magnolia Avenue on Sixth Street. Motion by Councilman Berg, second by Councilman Partain to adopt Resolution No. 1985 -40 to cut the bus loading zone to 60 feet to accommodate one bus, with the 60 feet starting from the D & S driveway and extend 60 feet to the west; that we create a bus waiting area on the west side of Magnolia Avenue on Sixth Street in front of City Hall to be a 60 foot waiting area; that the buses be allowed to park in the green zone if space is available; and to direct staff to work with the owner of the bus depot to see if an alternate location can be found to better serve the public. AYES: Councilmen Partain, NOES: Councilman Mitchell. ABSTAIN: None. ABSENT: None. Shaw, Berg and Mayor Russo. Let the record show Councilman Mitchell excused himself from the meeting at 8:38 P.M. Consideration of Agreement for Self Insurance Claims Administrator. (Continued from August 26, 1985). Motion by Councilman Shaw, second by Councilman Berg, to authorize the City to enter into an agreement with Corroon and Black Manage- ment, Inc. to serve as the City's claims administrator for self - insurance. AYES: Councilmen Partain, NOES: None. ABSTAIN: None. ABSENT: Councilman Mitchell. Shaw, Berg and Mayor Russo. Discussion of Possible Lease Purchase Renovation of City Hall Versus Construction of New City Hall. (Continued from August 12, 1985). The City Manager was directed to look at purchase renovation of the existing City future space needs of the administrative of building a police department building lot. The City Manager was also directed agreement with the school district conce department. the options of a lease - Hall to accommodate the offices and the option on the Orange Street to review the contract rning the existing police Let the record show Councilman Mitchell returned to his chair at 9:05 P.M. CONSENT CALENDAR: a. Approval of Minutes of Adjourned Council Meeting of August 21 and Regular Council Meeting of August 26, 1985. b. Acceptance of Minutes of Regular Planning Commission meeting of August 6, 1985. C. Approval of Payment of Warrants as audited per Warrant List of September 10, 1985, in the amount of $77,903.47; and Pay- roll of August 22, 1985, in the amount of $36,616.25. Page 2 , 3eaumont City Council September 10, 1985 d. RESOLUTION NO. 1985 -39 - Proclaiming Fire Prevention Week. e. Authorization for City Manager to Execute Title III -B Suppor- tive Services Agreement with Office on Aging for FY 1985 -86. f. Authorization for City Manager to Execute Title V Senior Employment Program Agreement with Office on Aging for FY 1985 -86. g. Report of Planning Commission Action at Meeting of September 3, 1985. Motion by Councilman Berg, second by Councilman Shaw, to approve Consent Calendar Items "a" through "g ". AYES: Councilmen Partain, Shaw, Berg and Mayor Russo. NOES: Councilman Mitchell. ABSTAIN: None. ABSENT: None. 9. The Council recessed to Closed Session at 9:07 P.M. pursuant to Government Code Section 54956.6 to meet with its designated re- presentative regarding labor relations matters. The meeting was reconvened to regular session at 10:33 P.M. Let the record show no definitive action was taken in closed session. 10. RESOLUTION NO. 1985 -37 - Authorizing the Signing and Execution of the Memorandum of Understanding Between the City of Beaumont and the Beaumont Confederation of Police of the California Organization of Police and Sheriffs. Motion by Councilman Berg, second by Councilman Partain, to adopt Resolution No. 1985 -37. AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. 11. RESOLUTION NO. 1985 -38 - Authorizing the Signing and Execution of the Memoranda of Understanding Between the City of Beaumont and Management and Administrative Personnel as Individuals. Motion by Councilman Berg, second by Councilman Shaw, to adopt Resolution No. 1985 -38. AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. Let the record show the General Employees have not completed negotiations and one management individual has not completed negotiations. The meeting was adjourned to 6:30 P.M., on Wednesday, September 18, 1985, in the City Council Chambers, for continuation of budget review for Fiscal Year 1985 -86. There being no further business to come before the Council, the meeting was adjourned at 10:39 P.M. Resj;�Qctfully submitted, < i i [/ 5 ty City Clerk Paa& 3 BEAUMONT CITY COUNCIL MINUTES OF ADJOURNED MEETING OF SEPTEMBER 5, 1985 (Adjourned from August 26, 1985) The Beaumont City Council met in an adjourned meeting at 6:14 P.M., on Thursday, September 5, 1985, in the City Council Chambers, with Mayor Russo presiding. 1. Appoint Member of City Council as Clerk Pro Tem. Motion by Councilman Partain, second by Mayor Russo, to appoint Councilman Shaw to serve as Clerk Pro Tem for this meeting. AYES: Councilmen Partain, Shaw and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: Councilmen Mitchell and Berg. 2. On Roll Call the following Council Members were present: Partain, Shaw and Mayor Russo. Councilman Mitchell was excused. Let the record show Councilman Berg arrived at 6:17 P.M. 3. Recess to Closed Session at 6:15 P.M. for: a. Pursuant to Government Code Section 54956.9(a) to confer with its attorneys regarding pending litigation which has been initiated formally and to which the City is a party. The title of the litigation are as follows: 1. Beaumont - Cherry Valley Water District vs City. 2. Carnahan vs City. 3. Castellini vs City. 4. Citizens Against Pass Area Prison vs City. 5. Davis vs City. 6. Hershey vs City. 7. Howlett vs City. 8. Martinelli vs City. 9. Mitchell vs City. 10. Sibole vs City. 11. West vs City. 12. Hobbs vs City. b. Pursuant to Government Code Section 54957.6 to meet with its designated representative regarding labor relations matters. The meeting was reconvened to regular session at 9:52 P.M. Let the record show there was discussion with the City's attorneys regarding all of the above - entitled cases, and a report was re- ceived from the City Manager pertaining to negotiations with employees. Let the record further show no definitive action was taken in closed session. Respectfully submitted, '4�_ /J�46�� Fre Sha ;- Clerk Pro Tem BEAUMONT CITY COUNCIL MINUTES OF AUGUST 26, 1985 The Beaumont City Council met in a regular meeting at 7:35 P. M., on Mon- day, August 26, 1985, in the City Council Chambers, with Mayor Russo pre- siding. The Invocation was given by City Manager Robert J. Bounds. The Pledge of Allegiance to the Flag was led by Councilman Berg. On Roll Call the following Council Members were present: Partain, Shaw, Berg, Mitchell and Mayor Russo. 1. 2. 3. 4. ORAL COMMUNICATION: a. Mr. Richard A. Testerman, Beaumont, addressed the Council stating his concerns regarding the Westinghouse facility. Mayor Russo advised Mr. Testerman that his questions should be directed to the State Department of Health. ORDINANCE NO. 616 - FIRST READING - Amending Chapter 16.40 of the Municipal Code of Beaumont, To Add Section 16.40.110 Pertaining to Soils Reports for Subdivision Maps. Motion by Councilman Mitchell, second by Councilman Shaw, to set this agenda item over until the regular meeting of September 10, 1985. AYES: Councilmen Partain, Russo. NOES: None. ABSTAIN: None. ABSENT: None. Shaw, Berg, Mitchell and Mayor ORDINANCE NO. 618 - FIRST READING - Amending Beaumont Municipal Code Title 17 (Zoning), To Provide Ten (10) Day Notice for Public Hearings. Motion by Councilman Mitchell, second by Councilman Berg, to pass Ordinance No. 618 at its first reading by title only. AYES: Councilmen Partain, Russo. NOES: None. ABSTAIN: None. ABSENT: None. Shaw, Berg, Mitchell and Mayor Consideration of Agreement to Allow Occupancy of Building Prior to Completion of Public Improvements. Motion by Councilman Berg to disapprove this agreement until such time as staff can determine an adequate set of plans have been submitted, and at that time, if the applicant wishes to delay the implementing of the installation of the curb, gutter and matching paving improvements, it be reconsidered at that time. DIED FOR LACK OF A SECOND. Motion by Councilman Berg, second by Councilman Partain, to approve the agreement to allow occupancy of the building, with the agreement amended to reflect that a performance bond in the amount of $4,000 is attached to insure completion of above improvements, with the improvements completed by December 31, 1985. AYES: Councilmen Partain, Berg and Mayor Russo. NOES: Councilmen Shaw and Mitchell. ABSTAIN: None. ABSENT: None. Page 1 Beaumont City Council August 26, 1985 5. Consideration of Agreement for Self Insurance Claims Administrator. The Council requested the following questions be answered prior to considering this agreement: a. What claims have been paid out over the last two or three years through a management company under self - insurance. b. What kind of claims have been paid. C. What kind of claims does it cover. It was a concensus of the Council to continue this agenda item until the regular meeting of September 10, 1985, with a report from staff concerning the questions raised, as well as a report from the City Attorney. 6. Consideration of Options Available for Purchase of Bulk Fuel. Motion by Councilman Mitchell, second by Councilman Shaw, to suspend formal bidding requirements and authorize staff to purchase fuel at the lowest cost possible. AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. 7. Report Concerning Curb Marking between Beaumont Avenue and Magnolia Avenue on 6th Street. (Continued from August 12, 1985). This agenda item was continued to the regular meeting of September 10, 1985. 8. Discussion of Palm Avenue as "Special Design Street" As Adopted in the General Plan. (Continued from June 24, 1985). This agenda item was continued to the regular meeting of October 28, 1985. 9. Request from Mr. Cole Jackson for Discussion of Sign Ordinance. (Continued from June 24, 1985). This agenda item was continued until the regular meeting of September 23, 1985. 10. CONSENT CALENDAR: At the request of members of the City Council, Consent Calendar Items 10.b and 10.e were removed from the Consent Calendar and will be considered separately. a. Approval of Minutes of Regular Council Meeting of August 12, 1985. C. Request for Authorization to Go To Bid for New Transit Vehicle. d. RESOLUTION NO. 1985 -35 - Approving the Application for Funds Under the California Senior Center Bond Act of 1984 for Renovation and Expansion of Beaumont Senior Center. f. Negative Declaration 85- ND -11. Applicant: Joseph and Albert Seeburger. Location: 150 Beaumont Avenue near First Street. Motion by Councilman Berg, second by Councilman Shaw, to approve the Consent Calendar excluding Items "b" and "e ". AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. Page 2 Beaumont City Council August 26, 1985 11. Approval of Payment of Warrants as Audited per Warrant List of August 26, 1985, in the amount of $119,189.55; and Payroll of August 8, 1985, in the amount of $33,669.66. Motion by Councilman Berg, second by Councilman Shaw, to approve payment of warrant list as audited per Warrant List of August 26, 1985, in the amount of $119,189.55 and payroll of August 8, 1985, in the amount of $33,669.66. AYES: Councilmen Partain, Shaw, Berg and Mayor Russo. NOES: Councilman Mitchell. ABSTAIN: None. ABSENT: None. 12. RESOLUTION NO. 1985 -36 - Requiring the Installation of a Backflow Device Prior to Payment of Claims for Damage Resulting from Sewer Blockage. This agenda item was continued to the regular meeting of September 23, 1985, with a report from staff regarding the legalities of this requirement 13. Reimbursement to Mrs. Peggy Jennings for Expense Incurred Resulting from Sewer Blockage. Motion by Councilman Berg, second by Councilman Partain, to approve the claim of Mrs. Peggy Jennings in the amount of $65.00, negating the action of the City Council of August 12, 1985. AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. There being no further business to come before the Council, the meeting was adjourned to 6:00 P.M., on Thursday, September 5, 1985, in the City Council Chambers, for a meeting with legal counsel to discuss all pending litigation against the City, with the City Attorney and all other attorneys on retain- er at this time being present. This discussion will be held in closed session. The meeting was adjourned at 9:00 P.M. Respectfully submitted, De Page 3 y City Cler BEAUMONT CITY COUNCIL MINUTES OF ADJOURNED MEETING OF AUGUST 21, 1985 (Adjourned from August 12, 1985) The Beaumont City Council met in an adjourned meeting at 6:11 P.M., on Wednesday, August 21, 1985, in the City Council Chambers, with Mayor Russo presiding. On Roll Call the following Council Members were present: Partain, Shaw, Berg and Mayor Russo. Let the record show Councilman Mitchell arrived at 6:26 P.M. 1. 2. 3. 4. Continuation of Budget Review - Fiscal Year 1985 -86. An updated report was presented by the City Manager reflecting in- creases in both the proposed General Fund Revenue and the proposed Restricted Fund Revenue, and including the changes previously made by the City Council at their meeting of July 23. This report was accepted by the City Council with no changes being made. The City Manager will prepare a new proposed budget with all changes, deletions and additions incorporated, to be presented at the regu- lar Council meeting of September 10, 1985. As a result of the discussion of the proposed budget, the City Manager was requested to prepare an inventory of all City owned property. The meeting was recessed to closed session at 7:10 P.M. as follows: a. Pursuant to Government Code Section 54956.9(a) regarding pending litigation which has been initiated formally and to which the City is a party. The title of the litigation is Castellini vs City of Beaumont. b. Pursuant to Government Code Section 54956.9(b)(1) regarding exposure to litigation. c. Pursuant to Government Code Section 54957.6 to meet with its designated representative regarding labor relations matters. The meeting was reconvened to regular session at 10:14 P.M. Let the record show that reports were received regarding pending liti- gation, and regarding exposure to litigation, and discussions were held and reports were received relative to labor relation matters, and no definitive actions were taken. Assignment of Code Enforcement to Police Department. Motion by Councilman Berg, second by Councilman Mitchell, that Code Enforcement and Animal Control be assigned to the Police Department. AYES: Councilmen Partain, Russo. NOES: None. ABSTAIN: None. ABSENT: None. Shaw, Berg, Mitchell and Mayor Defunding of City Engineer /Public Works Director Position. Motion by Councilman Berg, second by Councilman Mitchell, that the position of City Engineer and Public Works Director be defunded, and that the City Manager create the Department of Community Deve- lopment, which will encompass Planning, Building, Public Works and Engineering. Page 1 Beaumont City Council August 21, 1985 AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. 5. Direction to City Manager Regarding Position of Deputy Chief of Police. Motion by Councilman Mitchell, second by Councilman Shaw, to give the City Manager full authority to meet with both Sergeant Funston and Mr. Olivares to make a final determination of which of the two he feels would be best to place as Interim Deputy Chief. AYES: Councilmen Shaw and Mitchell. NOES: Councilmen Partain, Berg and Mayor Russo. ABSTAIN: None. ABSENT: None. MOTION FAILED. Motion by Councilman Mitchell, second by Councilman Shaw, that the City Manager, under the City Manager's Ordinance, be given the authority, in his discretion, to interview both Mr. Funston and Mr. Olivares to determine which of the two should be put in as a temporary Interim Deputy Chief, and to simultaneously make a back- ground check on them to run concurrently with the appointment. Let the record show that during the discussion of this motion, Councilman Mitchell was excused at 10:27, returning to his chair at 10:28. Following the discussion of the motion, Councilman Shaw withdrew his second. MOTION DIED FOR LACK OF A SECOND. There being no further business to come before the Council, the meeting was adjourned at 10:32 P.M. Respectfully submitted, Page 2 BEAUMONT CITY COUNCIL MINUTES OF AUGUST 12, 1985 The Beaumont City Council met in a regular meeting at 7:35 P.M., on Mon- day, August 12, 1985, in the City Council Chambers with Mayor Russo pre- siding. 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 Members were present: Partain, Shaw, Mitchell and Mayor Russo. Councilman Berg was excused. 1. ORAL COMMUNICATION: a. Letter from Mr. W. C. "Bill" Ruehle, was submitted for the record. b. Mr. Robert A. Gellis, 250 E. 8th Street, addressed the Council concerning the fact he felt religion should not be discussed at City Council meetings, and the Council should deal only with City business. C. Carolyn Toenjes, Palm Springs, addressed the Council thanking the City of Beaumont for the proclamation proclaiming August 6 to August 9, 1985 as Peace Memorial Days. d. Dollie Irwin, 420 N. Morongo, Banning, addressed the Council regarding the Westinghouse operation, bringing additional infor- mation concerning Westinghouse and the need for an EIR. The three points she brought up concerned the First Street Lift Station, the Pacific Texas Pipeline and the Southern Pacific Pipeline. Her letter with the details regarding these points is a matter of record. 2. Consideration of Claim Filed by Mrs. Betty Lowe for Damages Incurred Resulting from Sewer Blockage. Motion by Councilman Mitchell, second by Councilman Shaw, to honor the claim as written, with the specific understanding that a back - flow device will be installed on the property simultaneously with the payment of the bill. Motion by Councilman Partain, second by Mayor Russo, to amend Councilman Mitchell's motion to indicate a not to exceed amount of $2,471.00, with the claim being paid when written estimates or actual receipts are presented to the City. VOTE TAKEN ON AMENDMENT TO MOTION: AYES: Councilmen Partain, Shaw, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: Councilman Berg. AMENDMENT TO MOTION CARRIED. VOTE TAKEN ON MAIN MOTION: AYES: Councilmen Partain, Shaw, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: Councilman Berg. MOTION CARRIED AS AMENDED. Page 1 Deaumont City Council August 12, 1985 3. Consideration of Claim Filed by Mrs. Peggy Jennings for Damages Incurred Resulting from Sewer Blockage. Motion by Councilman Shaw, second by Councilman Partain, to pay the claim of Mrs. Peggy Jennings in the amount of $65.00, with the stipu- lation that a backflow device will be installed on the property simultaneously with the payment of the bill. AYES: Councilmen Partain, Shaw, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: Councilman Berg. 4. Appeal Filed by Irene Testerman, Richard Testerman and Connie Keel for Removal of Red Curbs on 6th Street between Beaumont and Magnolia. Motion by Councilman Mitchell, second by Councilman Shaw, that the City Manager be directed to do another analyzation of the feasibility as to how it was before, how it is now, to get a general determina- tion. AYES: Councilmen Partain, Shaw, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: Councilman Berg. 5. HEARING to Show Cause Why Building Situated at 525 Xenia Avenue, Beaumont, California Should Not Be Condemned as a Public Nuisance. The Hearing was opened at 8:12 P.M. by Mayor Russo, who then requested the City Attorney to make his opening statements. George Ryskamp, City Attorney: Okay, gentlemen, we are all quite familiar with this particular piece of property. As you will recall, approximately one year ago the matter came up again before the City Council, and at that time it was directed to the City Manager that there be an engineering study made by a structural engineer to deter- mine whether or not the report made by the City Engineer at that time that the building was in fact unsafe, be completed and presented to this Council. In November that report was presented to you, and you have a copy of that report in your packet. At that time, Mr. Barling was present to represent the property owner, and he indicated to us that he would meet with us in an attempt to resolve the problems raised in the engineering report, but he did indicate that he would have to do within the two weeks following that meeting as he was going in for surgery. He was unable to do so, and upon his return to active practice some time in January, has not in the last seven months been able to do so, even though we have at least twice sent letters requesting that. For that reason we have now placed the matter on the agenda, given proper notice for this hearing, to determine what is to be done about the property, and what the status and condition of the property is, in particular the buildings on the property. The two primary issues that are before you are, first, has there been an occupancy permit granted on this property, and if there has not, then that would indicate that the building is being occupied illegally, contrary to the codes and ordinances of this City. The second question, perhaps definitely of equal importance, and in many ways, of greater importance, is does the building meet the requirements of the Uniform Building Code, so that it is a safe building for occupancy, or is it in fact a dangerous building, and one that is not safe for the indivi- duals using it. We would, this evening, like to have two individuals from the City give testimony to those two issues, because those really are the issues that we see before you at this time, and we will, when the opportunity arises, call Mr. Paul Turner, who is the current building inspector, and Mr. Knapp, who is the structural engineer who was retained by the City to review the building and the plans and make a determination for US. Page 2 Beaumont City Council August 12, 1985 Perhaps it would be in order at this time - Mr. Barling, would you, in deference, would you like to make a statement at this time, or would you prefer that we have the testimony from Mr. Turner and Mr. Knapp? Mr. Barling: I think we should start with the testimony, but thank you for the opportunity. Mr. Ryskamp; Whatever we can do to assist you in that direction, we wanted to be more than fair. In that case, Mr. Turner. Would you identify yourself. Speak into the mike. Paul Turner: Building Inspector for the City of Beaumont. Mr. Ryskamp: How long have you been employed, Mr. Turner, as the Building Inspector. Mr. Turner: I think about 2 -1/2 years, 2 years. 2 years, I think. Mr. Ryskamp: Were you the individual involved with the inspection done on the project that, for lack of a better term, I am going to refer to as the Xenia Mini - Warehouse. Did you do the building in- spection on that. Mr. Turner: The building of the building? Mr. Ryskamp: The inspection of the building at the time it was being built. Mr. Turner: No sir. Mr. Ryskamp: You were not employed by the City then. Mr. Turner: No sir. Mr. Ryskamp: Have you inspected the building. Have you inspected the building since that time. Since your employment. Mr. Turner: Yes. Mr. Ryskamp: On what occasion did you inspect the building. Mr. Turner: Oh, several occasions when this thing broke out a year and a half ago. The City Manager, myself and the Engineer. . . Mr. Ryskamp: By the engineer, the City Engineer? Mr. Turner: The City Engineer, went down and inspected it. Mr. Ryskamp: What were your observations at that time. Mr. Turner: Well, it wasn't built according to code. Mr. Ryskamp: Can you give us some specifics in that regard. Mr. Turner: Yes. Number one, you cannot have a block wall with an opening for doors without a poured lintel over the top with four bars of rebar in it. Mr. Ryskamp: How did you determine it did not have four bars of rebar. Mr. Turner: Look up and see. There is no cement. There are blocks across there, and the cells were filled. That is one thing. Number two, Mr. Nottingham, Jack's dad, brought a jackhammer out there and jackhammered holes in the floor, when I challenged the statement that there was steel 12 inches on center both ways. He was going to prove it to me. He jackhammered out the holes and we found no steel crossways across the building, and we found steel to be from 24 up to 32 inches apart running lengthways. Page 3 3aumont City Council August 12, 1985 Mr. Ryskamp: How large an area did they jackhammer. Mr. Turner: Just enough to see the bars. Mr. Ryskamp: How long - you indicated entirely across the building. Mr. Turner: No, from here to the wall, not quite that far. Pure attic holes through there. One place on one side of the building and one place on the other. Mr. Ryskamp: Two different areas in the building were inspected. Mr. Turner: I told him - you pick the spot. I don't care. You show me the steel. Mr. Ryskamp: Have you reviewed the City's file concerning the buildings on this site. Mr. Turner: Yeah. Mr. Ryskamp: Were Building Permits issued. Mr. Turner: Yes. Mr. Ryskamp: More than one, or one. Mr. Turner: There was more than one. Mr. Ryskamp: Do you know how many there are. Mr. Turner: No. It has been some time since I have looked at the file. Mr. Ryskamp: Were there final inspections on any of those building permits. Mr. Turner: To be absolutely certain I would have to check, but I would have to say no. Mr. Ryskamp: Has there been a Certificate of Occupancy issued by the City. Mr. Turner: No Mr. Ryskamp: Did you, in your review, were you able to determine why a Certificate of Occupancy has not been issued. Mr. Turner: Well, number one, it didn't pass the code. In several ways. It had been red tagged. It was built without the proper inspec- tions, according to the cards. It was built after the red tag was put on. Mr. Ryskamp: Do you know who placed the red tag. Mr. Turner: No I don't. I think maybe it was Ron Cathcart, I don't know. Mr. Ryskamp: Has there been any request for a Certificate of Occupancy. Mr. Turner: Yes. Mr. Ryskamp: And that has been denied. Mr. Turner: By me. Mr. Ryskamp: Gentlemen, for your information, and I believe they are in your packets, there are - in fact they are not in your packets, they are Exhibits 13 - part of exhibit 13 prepared by Mr. Barling. There have in fact been two building permits on this. We verified this in reviewing the City files. 1787 and 2043. As a Building Inspector -- prior to becoming a Building Inspector, could you de- scribe your training and work experience. Page 4 Beaumont City Council August 12, 1985 Mr. Turner: Well, I have been a general contractor since 1942. Mr. Ryskamp: What types of projects have you built. Mr. Turner: All the way from bungalows to apartment buildings - ten story apartment houses. Mr. Ryskamp: You then have in fact worked with the type of con- struction - you have in fact worked personally with the type of materials and the nature of construction that was involved with this project. Mr. Turner: Yes. Mr. Ryskamp: In your opinion, at this time, is this project safe. Mr. Turner: I wouldn't want to be under it if it shook. Mr. Ryskamp: By "shook ", you mean in an earthquake. Mr. Turner: An earthquake. Because, to me, it does not make sense to bear a six inch floor on top of a four inch floor. That does not make sense. Mr. Ryskamp: You are not a structural engineer, however. Mr. Turner: No I am not. Mr. Ryskamp: You are making that judgment based upon years of practical experience rather than any formal training. Mr. Turner: Yes. And the Building Code does specifically say, on a bearing wall it has to have a footing underneath it. Mr. Ryskamp: And there is no footing. Mr. Turner: If you can find one I'll eat it. I don't know of any. There is a good footing around the outside, yes. There is down the middle, but the cross members, where the weight of that six inch wall is, there are no footings. Mr. Ryskamp: Thank you. Mr. Barling, Mr. Turner will be available for any questions you wish to make later. Mr. Knapp. Len Knapp: My name is Len Knapp, structural consultant. Mr. Ryskamp: Mr. Knapp, could you begin by reviewing for us your qualifications professionally. Mr. Knapp: Okay, I am a graduate of Cal Poly, San Luis Obispo, in the architectural engineering program. I spent three years working for the firm of R. J. Moon Structural Engineers, who were involved in extensive school work, state facilities throughout California. Sub- sequent to that I started my own practice in San Bernardino, and we have been doing extensive work, including rehabilitation to your own City Hall here. Throughout this area, throughout the Palm Springs area, Los Angeles and so that chalks up to about ten years of exper- ience subsequent to school. Mr. Ryskamp: You were retained by the City Council approximately one year ago to prepare a report on the structure that is the subject of this hearing were you not. Mr. Knapp: That is correct. Mr. Ryskamp: Could you describe for us the preparation that went into that report. Mr. Knapp: I worked in conjunction with Mr. Gary Phelps, the City Engineer. We coordinated an inspection tour of the facility. During that time we spent about an hour going through the facility. We had access to the upper and lower floors of all buildings. We walked, we looked at the slabs. We looked at the deformation in the slabs. We Page 5 Beaumont City Council August 12, 1985 observed the holes that had been jackhammered for observation of re- bar. We took careful note of all those steel stud rehabilitation walls that were placed five feet on center down below to support the slab in a direction that the slab was not originally designed to go. These walls were - we carefully noted how they indeed were implemented into the design, how they were attached, if indeed they were attached. All details related to the rehabilitation of that second floor con- crete slab. Mr. Ryskamp: You have reviewed for us your review of the actual site. What other preparation did you. . . Mr. Knapp: Okay, we also reviewed all previous documentation of structure and structural rehabilitation that were on file with the City. This included analysis by the structural engineer, Mr. Ed Foerstel. Also included a rehabilitation analysis as done by Mr. Roy Palmer. We reviewed all the drawings that were involved with this, made a determination for the City as far as how effective that rehab- ilitation indeed was in dealing with bringing this building, which was improperly constructed, back into code conformance. Back into the realm of safety. We made - prepared a letter describing what we thought were discrepancies, deficiencies and recommendations on how those discrepancies and deficiencies could be corrected. Mr. Ryskamp: Did the building, as built, from your review, conform to the original plans. Mr. Knapp: No. The building as we reviewed it, essentially was in a highly unstable condition from the standpoint of, if indeed that second floor slab was loaded with storage as the building was originally supposedly designed to accommodate, you would have the failure of that structural second floor slab. It would be down on the ground. There would be a great deal of damage. The installation of the rehabilitating steel stud walls below, in my opinion, was totally inadequate. Totally done in a totally irresponsible fashion, and was not properly docu- mented in the original rehabilitation plans in the first place. So you have a succession of indiscrete, of poorly implemented phases of rehab- ilitation, plans and then construction. Mr. Ryskamp: The construction, then, does not conform at this time either to the original plans or what you have referred to as rehabili- tative plans. Mr. Knapp: In essence, no. Mr. Ryskamp: And does the structure, as it exists now, conform to the requirements of the Uniform Building Code. Mr. Knapp: In my opinion, no. Mr. Ryskamp: On what do you base that opinion. Mr. Knapp: All right. Several items. Number one, the structural slab on the second floor level is competent if it is supported, totally supported by those steel stud walls on the lower level that are placed five feet on center. In other words, they separate one storage bay from another as you go down the line. Those steel studs have the capability of carrying that second floor slab if they are properly installed. Gentlemen, I assure you that they are not properly installed. Mr. Ryskamp: In what way are they not properly installed. Mr. Knapp: The slab itself, on the second floor, due to its poor installation, slumps, slopes, waves and the steel stud walls are just tossed up as though there was a perfect flat surface. Well, it is not. You have gaps of as much of as a half inch, three eighths of an inch between the top of the steel plate on the steel stud wall and the bottom of the concrete slab, now that is easy to observe, anywhere you go in the facility you will see that. Second of all. . . Page 6 Beaumont City Council August 12, 1985 Mr. Ryskamp: Why is that significant? Mr. Knapp: The steel stud wall cannot pick up load if there is air in between the bottom of the concrete slab and the top of the steel stud wall. Air does not take compression. A post is not effective unless you are sitting on top of it. Mr. Ryskamp: And it has to run all the way along that. . . Mr. Knapp: For uniform bearing, otherwise, what you end up doing is taking the load that should go to maybe two or three studs, and con- centrate it on one stud. That stud then gets three times the load that it might be able to handle and possibly fail. In other words, I could liken it to a wood stud wall, if you have a large beam coming in and dropped it on one stud, the stud is not designed to carry the accumulation of load from the roof. It is designed to take a uniform load. Mr. Ryskamp: Mr. Turner has indicated to us in his opinion, which is based not on formal training, but rather on years of practical exper- ience in the construction field, that there - first, that there are no footings that he has been able to observe, and secondly, that there should be to accomplish the load bearing that you have described. Mr. Knapp: That is, indeed, true, but that is just another point on a long list of deficiences and problems. I do agree. The footing is lacking, the three and one -half or four inch slab that sits on the ground - slab on grade - is totally inadequate to support that wall, has not really adequately been structurally designed or analyzed to carry that load on the steel stud wall, and, finally, does not conform to any definition of a load bearing wall footing, under the 76, 73 UBC, whatever, keep on going back, it does not conform. All right, so, in addition, the one final item I would add to this, the steel studs themselves are only effective, and can only be fully loaded, which in- deed they are being fully loaded by the floor slab above, they are only effective, and only are structurally competent, if the sides of the steel studs are braced by some rigid wall finish, like gyp board, or plywood, or some other rigid material. Otherwise, the steel studs can twist, buckle and fail. Now, what we have out there at present, is a thin sheeting of plywood on one side, haphazardly applied to the studs, with the other side of the studs totally open. Again, this is not a structurally competent wall. From top to bottom, footing included. Mr. Ryskamp: Any further observations concerning the construction? Mr. Knapp: Well, I would say this, for that type of construction, for that particular mode of construction, namely, concrete slab and concrete block walls, I have never in my ten years of experience out in the field seen anything so shoddily put together, or so haphazardly constructed. Mr. Ryskamp: In your opinion, is the building safe for occupancy. Mr. Knapp: Not whatsoever, and I wouldn't even wait for an earthquake. If anybody trys to load that second floor slab, like I said, with stored goods, there is a great probability for failure. Mr. Ryskamp: Is the second floor slab, at the time inspected, was not being used for the storage of goods. Mr. Knapp: That is correct, Mr. Phelps instructed me that it had been somehow worked out with the owner that they would not be using that second floor level. I reassured him at the time that it was extremely dangerous to be loading that slab. Mr. Ryskamp: Without a load, is it safe. Mr. Knapp: Without the load, the slab was sagging by itself. Just its own weight. Let alone the additional weight of stored goods up there. The code says that any floor system that is designed to carry light storage, such as this you store facility would have to be designated- Page 7 Beaumont City Council August 12, 1985 as, has to be able to carry 125 pounds per square foot of live load, that doesn't mean the weight of the slab, that means the items that are being placed on top of the slab, furniture or whatever, and that is a requirement by code with no reductions. That floor system, un- less you have the intermediate supporting steel stud rehabilitation walls, properly implemented, is not capable of doing that. Mr. Ryskamp: Can the building be rehabilitated. Mr. Knapp: Yes, yes it can. It is simply a matter of making those rehabilitation steel stud walls competent, the way the manufacturer suggests that the steel studs be installed, the way that the code suggests that footings be implemented. Yes indeed it can be made competent. We made recommendations towards that end, whether they were followed or not, and apparently they have not been. Mr. Ryskamp: Are those the recommendations in your report to this. . Mr. Knapp: That is correct. Mr. Ryskamp: I have nothing further for you at this time. Thank you. Gentlemen, our recommendation, as I have already stated, and I will make a clear statement of it at the end in detail, but it is that action must be taken, because this building is occupied illegally, there is not a Certificate of Occupancy, there has not been a final inspection, and that there be an order of abatement of the nuisance, condemnation of the building, and that it either be repaired to conform, or that it be razed and removed. I will, at the end of our discussion, in a final statement, make some recommendations as to a time table on that in an attempt to provide opportunities for the owner to conform. Emanuel Barling, Jr., Attorney for Property Owner: Briefly, everything you said at the start of this evening is correct, except I am still not back to the full time practice of law. Mr. Ryskamp: We are sorry to hear that. Mr. Barling: I would like to inquire of the Council whether they had the opportunity to look at a letter addressed on August 5 that hope- fully was left for you to read. I sent also a copy to Mr. Ryskamp so he would have the opportunity - did you receive your copy. Mr. Ryskamp: Yes, unfortunately, the Council's copy did not arrive until this morning. Mr. Barling: Well, the mail to Riverside is a little quicker than out here. Mr. Ryskamp: We had our copy, however, and I was able to get it. It arrived late Friday afternoon, and I was able to get it to Mr. Mitchell and Mr. Bounds. Mr. Barling: Well, before I address the contents of it, I would like to make a brief comment, and I would like to ask Mr. Foerstel, who is a structural engineer, to address the issues raised by Mr. Turner and Mr. Knapp while they are fresh in his mind. But, one thing I would like to point out is the first time any of us saw Mr. Knapp's report was here a year ago, which I believe was October 5, give or take a few days, maybe a little earlier, I don't remember the date. It had never been presented to either Mr. Nottingham, Sr., who was the con- tractor, or Mr. Nottingham, Jr. So the first time that any of us viewed it was after this meeting. No recommendations contained in that letter were ever made directly to either Mr. Nottingham, Sr. or Jr., and what Mr. Knapp is saying here is the first time any of us have ever heard this, other than having the opportunity to read his letter. I might also point out that, although there was a prior gentlemen, I have forgotten his name, a civil engineer, I will have to look it up, who worked with Mr. Foerstel on the project. Mr. Knapp has not contacted any one of my clients, nor had any discussions with them, nor were they party to any inspection of the warehouse, nor do we believe that any inspection of the warehouse ever occurred that Page 8 bsaumont City Council August 12, 1985 went an hour and a half, nor was it done with any type of cooperation or knowledge of my clients, so what ever was done, was done - I don't want to use the word "sneaky ", but it was - they slipped in, they saw what they wanted to see, they made their opinions, and they left. But it certainly wasn't any kind of guided tour which could have given them the access necessary to form some of the opinions that have been formed. Some of which I have outlined in my letter, but rather than you hear a boring attorney talk, lets give you the structural engineer, Mr. Foerstel. Ed Foerstel, structural enqineer that designed building being talked about: For some reason during the course of construction, the building did not have the required reinforcing in the second floor slab. Now that left us with a problem - here we have got a building - the second floor slab is inadequate without doing something, so we approached several methods of repairing - or resolving the problem, and everytime we tried something, for some reason or another, the slab would't span because there wasn't enough steel left in it, or the columns wouldn't take the additional load from the beams, or something like that. Any- how, we finally decided that the best way for us to resolve the structural capability of the second floor slab, would be to make all of these interior partitions load bearing partitions, distributing the load over, you might say, a continuous situation on the first floor, the maximum of five feet apart. We checked the second floor slab with the rebar, and our fartherest- the fartherest spacing we could find on the magnaflux determined that, yeah, the second floor slab could span the distance between the bearing partition on the first floor of five feet, so then we decided to make the metal studs as load bearing parti- tions rather than the non - bearing partitions that were designed for the building. Now you have to remember that all of these things were done, you might say, after the building was completely finished. The construction was all done, the second floor slab, the roof and everything else. So, we just approached it with what can we do to make this building structural- ly sound. That is when we decided to make the studs load bearing and distribute them over the first floor slab, a four inch slab, so the design approach to that - my first approach was, let's see how much bearing pressure we are going to get on the soil by making these bearing through the four inch slab, and if there seems to be a nominal amount, we will stop there. If it doesn't, we will take a look at the four inch slab like they design a highway slab, but I felt that the soil pressures and the loading on the four inch slab were adequate without going into a more restrictive design procedure. So, basically, that is the background so far as I am concerned, and so far as I am concerned, everything that we have done, theoretically, is sound and structurally adequate. Any questions. Mr. Ryskamp: If I might, you have indicated that what you have done is theoretically sound. Have you yourself inspected the studs, the bear- ing walls that have been added. Mr. Foerstel: I did look at them, yes, and they were sheathed on one side - I just made a cursory inspection - they were load bearing metal studs, and they were sheathed on one side, and checking them out, with the experience I have had with metal studs, they seemed to be adequate. The metal studs were adequate to support the load. Mr. Ryskamp: Mr. Knapp has observed gaps that would indicate that the load distribution which you theoretically desired, is not occurring because the studs bearing do not reach from the second floor slab to the four inch slab below uniformly as you have indicated was the theoretical concept. Mr. Foerstel: That may be. I didn't make that much of an inspection, but it couldn't be, like he said, there might be some places where there is a half an inch, I would bet my last buck, that most of it, if there is a gap, would be less than an eighth of an inch. Mr. Ryskamp: You have indicated that there was a determination made Page 9 -aaumont City Council August 12, 1985 as to this distribution upon the four inch slab and passing through to the soil. Were there soil tests? Mr. Foerstel: No. Mr. Ryskamp: Then how did you determine the soil underneath the four inch slab was able, theoretically, to handle the load of the distri- bution with the bearing wall. Mr. Foerstel: Well, the soil bearing pressures were right around 1,000 pounds a square foot, which is minimum values in the building departments without a soils report, and I think your soils out here are a lot better than that. Mr. Ryskamp: You think - you don't have any knowledge of what the soil was like underneath that slab. Mr. Foerstel: Well, I know that the soils out here are comparable to compact clay sands, which are good to 1500 to 2000 pounds per square foot. Mr. Ryskamp: Normally, what type of a footing would you place under a bearing wall that would be carrying the load that that wall would be carrying if the slab is fully loaded on the second floor. Mr. Foerstel: The way these were, about a 12 by 12. Mr. Ryskamp: That would be the normal footing. Mr. Foerstel: Yes. Mr. Ryskamp: Why then, theoretically, is the four inch slab suffici- ent. Mr. Foerstel: Well, it was sufficient because that was what was there, and as we checked it out with the load on it, it looked satisfactory. It appeared to be satisfactory. In other words, the soil bearing values were less than 1000 pounds a square foot, or about 1000 pounds a square foot. Councilman Mitchell: Mr. Foerstel, I have only one or two questions. Did you notice any sagging in that structural deck. Mr. Foerstel: Yes. Councilman Mitchell: What would be the cause of that. Mr. Foerstel: Inadequate reinforcing. Councilman Mitchell: Inadequate reinforcing. Mr. Foerstel: Yes. Councilman Mitchell: Your plans called for twelve inch, did they not. Mr. Foerstel: My original plans called for either about six inch spacing. Councilman Mitchell: Around six inch. Mr. Foerstel: Yes. Councilman Mitchell: But now we have eleven and a half to as high as thirty -two inch. Mr. Foerstel: Thats right. Councilman Mitchell: Now that is still prevalent, and - I looked at the studs with Mr. Turner, and the plate on the top gaps like that in many places. There are places where there is a crack where one part of the concrete is down like that - where it is cracked off in two or three places. Would you say, in your opinion, that that is a safe structure the way it sits today. Page 10 _�aumont City Council August 12, 1985 Mr. Foerstel: I think the structure probably needs some repair, like drypacking between the top of the channel and the top of the studs, and the bottom of the slab. But not much more than that. Mr. Ryskamp: Mr. Mitchell, a question for you. You have indicated that you and Mr. Turner toured the building. With whom. Councilman Mitchell: We were by ourselves. Mr. Ryskamp: How did you gain access to the various. . . Councilman Mitchell: Mr. Ryskamp: By whom. Councilman Mitchell: We were given entry. The manager. Mr. Ryskamp: So the manager allowed you to enter wherever you in- quired to see to view the structure. Councilman Mitchell: That is correct. We only entered into two places just to get an idea of what the studs were. Mr. Ryskamp: If I might interrupt the flow here to direct that same question to Mr. Knapp. How did you enter the building. Mr. Knapp: Gary Phelps, the City Engineer, and myself drove to the site, parked in their parking lot, walked over to the facilities, the two story facilities, and we were able to enter, climb up the stairs, go to the second level, frankly business must have been lousy, because probably two thirds of the stalls were unlocked and left open. Mr. Ryskamp: On the second level. Mr. Knapp: On the second and first levels. In other words, we had probably sixty -six, seventy percent access at that time. Mr. Ryskamp: Were you not then accompanied by a representative of the owner. Mr. Knapp: Of the owner - no we were not. Mr. Ryskamp: Was the manager of the facility aware that you were pre- sent. Mr. Knapp: The manager was not. Councilman Mitchell: We weren't trying to sneak in. I wanted to - I had read all of your reports. I read all of these reports. I had been acquainted with this job since 1979, and I know all of the various things that have gone on, and I know the efforts that have been made by the Nottinghams to do corrections, and I know the delinquents, where they did not do what they said they were going to do, and this is where the problem lies. And we were wrong also in not enforcing the law more stringently, there is no question there. Now the problem that we have, and I wanted to just get your opinion. If you were a building inspector, you have been around them for years, would you have given an occupancy permit on that building the way you first saw it. Mr. Foerstel: The way I first saw it, absolutely not. Councilman Mitchell: But still it was occupied, and they occupied it without an occupancy permit. And they operated under a red tag stop order. Under UBC, that is a misdemeanor. So we have many, many pro- blems here, but the biggest problem we have is a point of liability. Wherein lies the liability. Is it with the City, or is it with Nottingham, or joint liability for negligence on both parties. Mr. Ryskamp: Can we reserve the discussion and input from the Council Members as much as possible at this time - the questions. And then you will have the opportunity to discuss the matter. Councilman Mitchell: All right. I was only trying to ask him if he Page 11 -vaumont City Council August 12, 1985 would pass a building that way, which he said no. Mr. Ryskamp: Okay. Thank you for the question. Counclman Mitchell: I will drop my questions. Mr. Ryskamp: Any further questions. Mr. Foerstel: I want to clarify that. The way I saw it, when the rebar was not in the slab, the way it was originally designed, I think I would pass it the way I see it now, with a few very minor, like, I never made an inspection of the building - I didn't - I made a cursory inspection, walking through, and it looked like everything was done so that things should work, structurally be sound, and I would pass it in that respect the way it is now. Mr. Ryskamp: You have indicated that in redesigning for the rehab- ilitation that there is a four inch slab. My indication on the plans is that that was a three and one half inch slab, which is it. Mr. Foerstel: When we say a four inch slab, we are talking about a nominal four inch slab, which is usually formed with two by four screes, which are three and a half inches in depth. Mr. Ryskamp: Okay. Does that make any difference in your calculations. Mr. Foerstel: Not particularly. Mr. Ryskamp: And you indicated that the load - the bearing load would be less than 1000. . . Mr. Foerstel: It is really a little over a 1000. Mr. Ryskamp: A little over. Mr. Foerstel: I could live with it. Unidentified speaker: This may be it here. Mr. Ryskamp: 1,150. Mr. Foerstel: Is that what it was. Unidentified speaker. (Unintelligible, not speaking into mike.) Mr. Ryskamp: That is not getting on the record. Why don't we hold it and I will ask the questions. Councilman Partain: May I ask a question. I have one question about the partitions. There are four inch walls or 3 -5/8 by 20 guage studs, is that correct. And then, with the bearing wall, did you require something on both sides, either drywall or some type of sheeting on both sides of that. Mr. Foerstel: No, I required one side sheathed to get the load. Mr. Ryskamp: Does that then provide sufficient support, or does it leave the opportunity of buckling. . . Mr. Foerstel: Yes it does. No. one side is all right. You don't get as good a value, but you get enough. Mr. Ryskamp: Okay. Any other questions gentlemen. Anything additional Mr. Barling. Mr. Barling: One, I would like to address a comment of yours, Mr. Mitchell, and that is that at the time that the red tag was placed, Mr. Nottingham believed, and I think reasonably so, that an inspection had been completed and approved. That is why he went ahead and poured that. One of the difficulties in all small towns, in fact, it is a problem in Los Angeles too, is the building permit does not hang on the job. Quite often they are tagged, but we all know as the walls go up those small tags disappear. So Mr. Nottingham believed that the Page 12 aumont City Council August 12, 1985 property had been inspected, went ahead and poured that portion of the work, and then found out later that it had not been signed off in the City, which is one of our points of contention as we go along. The second one is to confirm what Mr. Foerstel said, at the time that he and Mr. Palmer met about taking corrective actions, the building was not full, nor was it exposed to any danger. Said action was taken before the building began to fill, and as, I believe Mr. Knapp noted, even a year ago was only two thirds vacant, however, the upper floor has been tested in the last year, and there hasn't been any real change. On behalf of Mr. Nottingham. . . Mr. Ryskamp: Mr. Barling, why don't we just interject - is, in fact - it is not clear to me - is the second floor being used at this time. Is there storage going on. . . Mr. Barling: Yes there is, and has been for over a year. And I believe, I thought at the time Mr. Knapp describes his visit, that it would have been at least a third to half full by then, and has been full since. . . Mr. Ryskamp: His indication to me this evening was that was the case. I just was verifying. Mr. Barling: Yes, it is full, and coming back to the early portion of this, that is one of the problems, Mr. Mitchell, is that at times things went on, while everybody acted in good faith and curative measures, basically nothing was done by the City, and, yes, from time to time Mr. Nottingham may not have done what the City wanted, but from time to time the City did not meet its promises either. I personally partici- pated in a number of what I would call very frustrating meetings with your predecessors. And without detailing it, I know some have been recalled, some Mr. Namaar is not here, Mr. Davis is not here, and I have no need to go into the depth of that, but some is outlined in this letter which I would like you to read. And it is also interesting, if you will take a look at the first exhibit, which, on December 31, 1980, a letter by Mr. McNabb, this was after the rehab work had been done, and, basically, Mr. McNabb went out and looked at those studs, offered no corrections whatsoever. Additional studs had to be ordered, I am sure everyone realizes not everyone stocks steel studs in exactly the size that you would like, so when they came in they were also completed and installed, and if you read the end of that first para- graph, he talks like the plans have been approved. Now throughout these letters they refer to, among other things, x -rays, and one of the things the x -rays showed is that 80% of this steel was in place, and that some of it was not. X -rays have been treated by Peabody Testing, which is magnaflux, and they basically have written two separate letters, and as you are looking through some of the letters you will see one that I find particularly irksome from Mx. Davis, in what would have been July, and I will have to look at the exhibits right now, it is - oh- it is about Exhibit 7 in that area, well anyway, to make a long story short, it is after that, what occurred was that Mr. Davis started writing letters, particularly one July 18, No. 10, where he starts talking about x -rays, of what he describes as the walls, okay. And at this point he had lost track of what the real issue was, and that was where the steel was, and where the problem was, and that is something I wanted to point out to the Council. In the last four years the issues have become so muddied and so muddled, that everyone has forgotten what the real problem is, and the problem is, is there sufficient load bearing studs, and are they in the right positions on the walls. Mr. Palmer agreed to this, who incidentally was a civil engineer. Mr. Knapp I have not heard offer any qualifications as a structural engineer, and I don't believe you are licensed are you, as a structural engineer, are you Mr. Knapp. Mr. Knapp: (Mr. Knapp's reply is not intelligible on the tape as he is not speaking into a mike). Mr. Barling: Well I hold a general contractor's license too, but it doesn't matter here. But you are not a structural engineer, are you. Mr. Knapp: I am not licensed as a structural. Page 13 Mr. Barling: Yes, background is not ing, isn't it. Mr. Knapp: engineering. _zaumont City Council August 12, 1985 that is correct. And from your education, your structural engineering, it is architectural engineer- . it is considered structural Mr. Barling: I believe you also stood before the Council and described yourself as an engineering consultant, because it would be against the law for you to describe yourself as a structural engineer, wouldn't it. Mr. Knapp: (Unintelligible). Mr. Barling: It certainly would be. You don't hold a license. Mr. Knapp: I describe myself as a structural consultant. Mr. Barling: Consultant, correct. Mr. Knapp: (Unintelligible). Mr. Barling: And that is one of the points too, that I would like to make. Mr. Palmer was a civil engineer. Mr. Knapp's qualifications are suspect. He is a structural consultant. He comes here with a wide variety of experience, but not technically the right experience. What the City needed originally, and didn't get, was a structural engineer. And everytime Mr. Foerstel and I have met with Mr. Palmer or anyone else, they have not had the type of knowledge necessary to deal with a structural problem. Yes we have a problem, we are the first ones to admit it, we came in here, we have tried everything, put studs in, no one has denied this problem, but the fact is when we tried to get a response from the other side, what we have got is something less than a totally professional response. And I would like to say on behalf of Mr. Nottingham, if there are studs which have a space between them that are not properly attached, we will make sure they are attached. I have personally gone through that entire building. I noticed a couple of them. I did not go through every steel stud and look at every single one, but the ones that stuck out and I saw a quarter to half an inch space, I say one or two with an inch space, but I did not see that many. I can't sit here and say I saw ten or fifteen, but I did not see a lot of them. But whatever is there, we will voluntarily correct, and if there are any that are not fastened to the plywood that is running as a sheet along it they will be attached, and anything along that line to make sure that building is correct, my clients have been prepared to do for five years. And I would like to point out that structure was completed approximately six years the end of this year. Five and one -half years that has had a third load, and the last over a year it has had a 100% load on that top floor and there has been no damage, no sinking - yes there have been some waves, that is how we are able to identify the 20% of the floor that is incorrect, by the waves in the floor, and we admit it, but the rest of that floor is perfectly fine. So a great deal of the remedial conduct by my clients to support walls are in areas where the steel is perfectly fine. And yes, we agree that this has to be straightened out, but we do not be- lieve that a building that has stood for the last six years should be condemned because basically, it has proved by the test of time that it is standing. It is there, and the problems that you look at in that concrete are in those 20% areas, and the few areas where normal cracking occurs where you have the type of heat that you experience in the City of Beaumont on a concrete structure. Now, I am not going to sit here and go through my entire letter and every exhibit with you, but I would hope that each one of you will take the opportunity of reading it, mainly because I spent a lot of time doing it, and I hate to do all of this if you don't sit down and read it. But the fact is, all the exhibits incorporate the letters from the various building inspectors. And you take a look at the efforts put out by my clients, they are not clients - they are not parties who are avoiding the problem. You can see how early the letters, you can see the solution, you can see and listen to Mr. Foerstel, who has made many, many trips out here to meet with Mr. Palmer and others to look at the problem, and to find corrective measures. If my clients can do more to correct this, they are willing Page 14 i,�aumont City Council August 12, 1985 to do more, and they will do more. But they feel the structure right now is safe, but are willing to do whatever else it takes to satisfy this Council. My clients have acted in good faith to avoid any lia- bility either to the City for approving a building occupancy permit, or to Mr. Foerstel, who is a structural engineer. On that note, I have just one question of Mr. Turner. You basically looked at the building permits, is that correct, as they sat in the office. Mr. Turner: Yes. Mr. Barling: They had signatures of a number of different people, right. Mr. Turner: Yes. Mr. Barling: So it is very hard to really trace back what was done during the construction time. Mr. Turner: I am very much a johnny- come - lately so far as that. There was three, I think. . . Mr. Barling: Four, possibly. Mr. Turner: Three or four different inspectors named on that one building. Mr. Barling: And that is my last point, gentlemen, at the same time you should have some emphathy for my client, who went through four separate building inspectors. Some quit in mid - stream. Some left. Sometimes the inspections were done by someone in his absence, when someone was on vacation. And those of you who build buildings can probably understand how frustratingly difficult it is to complete a building when you have four different building inspectors. Perhaps if you had someone like Mr. Turner, who had that longevity and that experience in the beginning, this would not have occurred, and I think that is one of the difficulties of this City occurred - because from 79 until about 82 you went through a growth cycle, as a lot of smaller cities do, and this unfortunately slipped through the cracks, both for the Nottinghams, who suffered because of that inconsistency, and the City, who now must address remedial efforts. Thank you for listening to me. Mr. Ryskamp: Gentlemen, at this time, I would like to have Mr. Knapp address a couple of points that have been made. First, gentlemen, do you have any questions. Mr. Knapp has presented to you his professional background and competence to deal with these matters. Do you have any questions relative to that at this time. Councilman Mitchell: The question I have, I am not questioning whether or not you are a structural engineer. You are acquainted with inspec- tion records as in inspection reports. Mr. Knapp: That is correct. Councilman Mitchell: I happen to have the inspection record on the two story buildings, under Permit No. 1787. Footings and forms. Evi- dently that was the exterior. 479 - Ron Cathcart. Steel is evidently in the footings - 479 - Ron Cathcart. box up to four feet, 579 Ron Cathcart. Now that is the last record of inspection that is shown on the inspection sheet. Now I will have to ask the contractor the other question. Then, on Item No. 4, which is grout blocks, four feet. It says, Item 4, second poured without inspection. Stop work order issued 8/22/79. Now, as a rule, that stops all construction, is that correct. Then, it also states, cement deck poured without in- spection. There is where the problem came, there was no inspection, because if the inspection had been made before pouring of the struc- tural deck, it would never have passed inspection, so they could not have poured. Now, under those conditions, as already admitted by Mr. Foerstel that the building was not properly done, but they con- tinued to work after that and continued until it came time for occupancy, then they were given occupancy, have you ever seen that happen before. Page 15 ;aumont City Council August 12, 1985 Mr. Knapp: No I have not. Councilman Mitchell: I have a question relative to the remedial measures that have been taken. Mr. Foerstel has indicated that they are adequate perhaps with some modification so that the studs do in fact reach the second story slab. Could you indicate to us your calculations of those loads that this slab and the soil underneath, that is the first floor slab and the soil underneath would bear, and whether or not that is adequate for the loads that are being placed on it at this time with 100% occupancy, or would, theoretically, depending upon what is there, be placed. Mr. Knapp: Okay. First of all, regarding the slab being used as a footing. The probability is indeed that if we are lucky we have a three and a half inch concrete slab poured on grade. We are all on agreement on that. The big question is, whether that is competent as a footing. Now there are a lot of issues that haven't really been addressed here, like punching shear as far as any localized settling, we don't have any verification that any proper preparation was done below those slab areas because it was never anticipated to be used as a footing during the original construction. All right, if that be the case if indeed the owner is looking to use, and the structural engineer is looking to justify this slab as a footing, first of all, get a soils report. A soils report should be provided that documents and verfies that indeed soil pressure of 1300 pounds per square foot can be utilized. Also that documents that this type of a foundation system can be utilized. The slab itself should be checked for punching shears. The structural strength of the slab should be checked. A lot of things. Anytime you deviate from the standard 12" footing for a single story bearing wall you have to document, you have to verify it to utilize it, you can't just avoid the code and say well it is okay, I ran a few numbers. You have to be complete in those numbers. You have to check it in all aspects. You also have to check it in its bearing capabilities. One other item, I would like to drop back. . . Mr. Ryskamp: Is it possible, then, that that slab could. . . Mr. Knapp: Locally fill. Mr. Ryskamp: . . . handle the load that it, now you have indicated 1300, we have heard a little over a thousand. Mr. Knapp: Well, even by Mr. Foerstel's calculations, I believe it was well over 1100, you have the number there. Mr. Ryskamp: 1150, is that the number. Yes, this would appear to have come from Mr. Foerstel. Yes, he came up with 1150. Mr. Knapp: Okay, 1150, and that is based on four inches. Now every inch counts at that point so far as distributing that loadon the soil, so if you have three and a half inches instead of four inches, that means less area to distribute that load on, therefore, higher soil pressure, therefore, more concentration of loading, of shear and so forth on that slab, more problems that can occur. In other words, you don't have a light loading like you would for a jaccuzzi or some sort of a little partition wall. We are talking about serious loads, over a thousand pounds per foot on that steel stud wall. And it needs to be dealt with, it needs to be looked at carefully. All right, the other aspect is on those steel studs, as I recall in Mr. Foerstel's analysis, yes, those steel studs are capable of taking the load, however, the one thing that I would ask is that he document that the manufacturer of those steel studs still provides the full loading that those studs are receiving at present, if they are uniformly loaded. That the steel stud manufacturer will certify that those studs are good if only braced on one side, and how that bracing should occur, what the attachment should be. Is it just a screw every 24 inches loosely holding the plywood on. In other words, lets get the specifics. No product is warranted - no product is warrantied or certifiable unless it is properly installed. Every manufacturer. . . Mr. Ryskamp: Do you have knowledge as to what the installation re- Page 16 �aumont City Council August 12, 1985 quirements are of those studs. Mr. Knapp: To the best of my knowledge, to get full value out of that steel stud, it has to be properly braced on both sides. Mr. Ryskamp: What would constitute proper bracing. Mr. Knapp: Attachment via screws from some sort of a rigid board, whether that be gyp board, or whether it be plywood, or whatever - whatever - but a rigid wall material. So, I think, we were talking about miscellaneous little loads coming down that wall, that would be one issue, but we are talking about very heavy loads coming down that wall, and I think when we are taking this design and we are stretching everything to the ultimate, that everything needs to be installed as per specification, as per the manufacturer's specifications, every- thing should be bearing. If you are going to utilize the design to the full limit, then it should be installed to the full limit. Mr. Ryskamp: Then, in your opinion, if in fact all of the studs were load bearing, and it were properly sheathed on both sides, would that support the second floor slab with all of the load. What else. . . Mr. Knapp: Okay, let me add one other item to your list there. If the owner can get a soils lab to approve that 1300 pound per square foot bearing on that three and a half inch concrete slab that we have there, now you have the magic combination. Then, yes. Mr. Ryskamp: to verify. If not, then we would just have to require a foundation. . . Mr. Knapp: Absolutely. Absolutely. And this was the interpretation that I got when I called ICBO. And I will also bring up one other point, one of my other qualifications that I didn't mention before, and I probably should have. For two years, I did structural plan checks for the City of Ontario as a special consultant, so I am quite adept and quite used to doing structural plan checks. This is nothing new. Mr. Ryskamp: Gentlemen, any additional questions. Mr. Barling, would you like to. . . Mr. Barling: Yes, I have a brief one. Mr. Mitchell asked you a question about you hadn't seen a job go forward after that stage, after red tag, or be completed with these types of problems. I would like you to read this letter, which you probably have never read before. Mr. Ryskamp: What letter are we referring to. Mr. Barling: Exhibit A and exhibit 8, one you will be hearing a lot from me about. Mr. Ryskamp: The McNabb letter of December 31, oh yes. Mr. Barling: Have you ever seen a letter like this issued by a City. Mr. Knapp: I would say that someone is speaking out of their place, perhaps. Mr. Barling: Oh, it may be out of their place, but it certainly re- presents the City. You want to read this particularly about the Certificate of Occupancy will be issued as soon as the placement of the studs has been verified. Would you have a comment about that for the City Council. Mr. Knapp: Yes I do. The placement of studs does not mean that they necessarily just have to be there. They have to be properly installed. Mr. Barling: Oh, we agree that they have to be properly installed, and if there are any that are not, we will make sure that they are, and so let's assume for purposes - if they are not, they will be. Mr. Knapp: All right. I think if we can assume that if the steel Page 17 aumont City Council August 12, 1985 studs were properly installed, the only thing that I see, it is un- fortunate Mr. McNabb does not address the issue of the footing, however, he is saying if the steel wall is properly installed, but I think we also have to look at intent here too. Mr. Barling: Well, I just asked for you to read for what it says, not expound what your own viewpoints are, but what your feelings were about the letter. You said you had never seen anything occur like that. I wondered if you had ever seen any situation where the Building Inspector had informed the contractor that basically that everything was approved subject to the approval of the location of the studs, and installation, which is basically what has happened. Mr. Knapp: Something as specific as this, no, however, I have seen many cases where people who were in a position of not dealing that authority took it on themselves to make statements that they are not capable of supporting. Mr. Ryskamp: I think we are now out of Mr. Knapp's area. Mr. Barling: My last question for you is. Did you ever look up the studs for the use of building - steel studs - and any load bearing catalog to determine their strength. Mr. Knapp: Yes I did, and indeed they were adequate. I have not argument with that, if they are installed properly. That is the only question that I have. Mr. Barling: Thank you. Thank you for your sincerity. Mr. Turner I saw you shake your head a little while ago when Mr. Knapp was des- cribing his feelings about the three and a half inch concrete slab. Did you disagree with his comments - or agree with them about the walls and whether the three and half inch slab was sufficient to defray the weight. Mr. Turner: Well, the only thing - I have been in this business all my life and we never, ever done anything three and a half. Nobody rips downa Mr. Barling: So basically you are agreeing with Mr. Foerstel. Mr. Foerstel would you like to explain again that area. I realize it is a relatively technical area, and I would like you to go through again the concrete slab. Mr. Foerstel: When we knew we had a problem, and we talked with the City several times, made many trips out here, and tried to come up with something that would satisfy everybody, at that time the City said fine. Why don't you check it out and come up with your solution to the problem. Give it to us, we will take it to our engineer, who was Mr. Palmer, and get his comments. And that is what we did, and Mr. Palmer concurred, and that is when we decided to go with those studs. Now, if Mr. Palmer hadn't concurred, we would have said, hey, we have a problem, we are going to have to try another approach. But this was all done with the City of Beaumont, everybody talking about it and looking at it, and everybody, frankly, agreeing with the final solution and its - you know - its in some respects. So far as I am concerned it is no problem. I am not worrying about those studs supporting that second floor slab if they are properly installed, and the ones I looked at were, you know, some were adequate, some were not, but the majority of them were okay. And I think with a little work they can all be okay. Any questions. Councilman Mitchell: We do have arguments see, and people are tra- veling back and forth, the public, without an occupancy permit and it does impose a problem. I would like to ask your counsel a question if I may. Councilman Partain: I have one question, if I may, before he steps down. Back to the studs again. You say, with a little bit of modi- fication, or some more work on the structural studs, they would be all right. You mean to drypack the tops of it to bring it up level. Page 18 Beaumont City Council August 12, 1985 Mr. Foerstel: Yes. Whatever is necessary. Like I say, I took a look at them and I didn't see any half inch gaps, but I didn't walk around the whole building. I saw some, there might have been an eighth of an inch gap. Councilman Partain: How about the screw on centers. Did you happen to. . . Mr. Foerstel: I really didn't notice, I noticed they were, I believe they were shot as I recall. I don't remember now, but I think they were shot top and bottom. Councilman Partain: And that was it. Mr. Foerstel: I think that is it, yeah. This is adequate. Councilman Partain: This is adequate on a bearing wall. Mr. Foerstel: On a bearing wall, sure, as long as they are not steel walls. None of those are lateral bearing walls. Strictly vertical. Mr. Ryskamp: Okay, any other questions for Mr. Foerstel. Mr. Mitchell, you now have a question for Mr. Barling. Councilman Mitchell: We have a building in town with occupancy, with the public going in and out, where we have not issued an occupancy permit, with full knowledge, and your client is using the building with full knowledge without an occupancy permit. And that is the point of our concern. I will let it drop there. Mr. Barling: That is correct. I have two comments for you. Number one is my client has been issued a building - not a building, but a business license every year since early 1980 on this building, whether you realize it or not. Every single year he has paid his City business taxes and he has received a license. The second one is, if you read the letter that I keep going back to, my client believed in January in 1980 that everything was done that was asked to be done by Mr. Palmer, everything was done that was agreed to be done between Mr. Palmer and Mr. Foerstel - Mr. McNabb agreed. I personally met with Mr. McNabb. I walked out of an office just down the hall with Mr. McNabb, and everything was fine, and when the final couple of studs came in they were going to be installed and he giving an occupancy permit. And I was startled to find out later that it wasn't given. So, since that period of time my client, and myself, until last year when I received the letter that started this, believed it was a fait accompli. Now, that is the problem is my client's reason to believe that they were in the right from early 1980. The question is or they or aren't they. I think that is less important than it is making the building correct. Councilman Mitchell: The big problem that I have in mind, and I am sure that it has crossed yours, we have a spread from December 31, 1980 until July of 83, with no occupancy permit, and no correspondence of record. I don't see a letter from the City, I don't see a letter from Mr. Nottingham. Mr. Barling: Actually I thought I had a letter somewhere about July of August of 1980, I met with Ross Namaar, Mr. McNabb. . . Councilman Mitchell: This was December of 1980. Mr. Barling: You are talking about afterwards. Councilman Mitchell: But after December, 180 up until. . . Mr. Barling: Or 81, I am talking about. I thought there was another communication in 81. Frankly, I thought the situation was so far gone I can't even file my notes or - you know I take notes of every meeting, much as I did earlier here, and I thought this was so far in the past, I can't even locate my own. But in the summer of 81 I Page 19 :aumont City Council August 12, 1985 sat down and talked with Mr. Namaar and Mr. McNabb and Mr. McNabb said he had gone out and inspected the studs again and the building occu- pancy permit would follow. He left somewhere in that period of time afterwards, and someone else acted, I think, for a brief period of time before Mr. Turner was the Building Inspector, then it never got done. Councilman Mitchell: Mr. Roland Russell. Mr. Barling: Thats right, Mr. Roland Russell. Right. So, there have been, you know, so many meetings on it. I participated in no less than a half a dozen meetings myself. I and Mr. Foerstel. How many times have you been out to meet with Mr. Palmer and others, a half a dozen or more. Mr. Foerstel: Yes. Many, many times. Mr. Barling: Many, many times, so, at certain point in 1980 I thought the building occupancy permit had been granted. Councilman Mitchell: Who was the contractor that put the steel studs in. Mr. Barling: Mr. Nottingham, Sr. did. Councilman Mitchell: Why didn't they call for an inspection on them. Mr. Barling: He did. Mr. McNabb went out and inspected them. Councilman Mitchell: No, no. Mr. McNabb was gone at the time the steel studs went in. Mr. Barling: In early 1980. Councilman Mitchell: When? Mr. Barling: I believe - or 1981. Councilman Mitchell: In 1981 Mr. McNabb was gone. Mr. McNabb left about three days after he wrote this letter. Mr. Barling: I thought that he had inspected it, and I would have to ask - Mr. Nottingham? Do you know who the people were that inspected it. Mr. Nottingham: (Speaking off the mike.) Yes Mr. McNabb inspected it except for 28 studs that we were short Mr. Barling: And do you know who inspected those. Mr. Nottingham: After that? Mr. Barling: Yeah. Who came out after the. . . Mr. Nottingham: Roland Russell. Mr. Barling: Roland Russell? Mr. Ryskamp: Can we have - Mr. Nottingham, why don't you come forward and make your statement. Mr. Barling: This is Jack Nottingham, Sr., the contractor on the job. Would you repeat what you just said, and the total number of studs that were missing. Mr. Nottingham: Mr. McNabb. We ordered the studs and we were 28 short and we installed them, and then the end of December Mr. McNabb came out and inspected them. And then he issued that letter, and I think a few days later he left the City. He issued this letter telling us to fin- ish up the studs, and do the improvements on the street, and put the fire hydrant in, and then he would issue a Certificate of Occupancy. Mr. Ryskamp: Why was there not an effort to obtain a Certificate of Occupancy prior to entering. If Mr. McNabb was that close to issuing Page 20 ,eaumont City Council August 12, 1985 it. Mr. Nottingham: Well, Mr. McNabb left the City, and Mr. Roland Russell came out and inspected the rest of the studs, and I asked him about the occupancy at that time, but we wasn't finished with the street, and this being in the middle of winter when you get rain, you know, to put paving in, and we got the curb and gutter in, and we got the water line in, then we got rain, and we couldn't pave until, I don't know some time in the spring. Mr. Ryskamp: When was the building first occupied. Mr. Nottingham: Well there is three different buildings. The first building. . . Mr. Ryskamp: Let's talk about the two story buildings. Mr. Nottingham: The other two story building was, well the bottom floor was occupied - I don't remember - a long time ago. When the doors were on and the partitions were in. Mr. Ryskamp: Prior to completion of the public improvements. Mr. Nottingham: Yes. Mr. Ryskamp: In that winter then, while you were waiting for the weather to be such that you could put in the paving and public improve- ments, the building was occupied prior to those improvements. Mr. Nottingham: Parts of it, parts of it, yes. Mr. Barling: You are talking about building one now, not the two story, you are talking about the building that was totally approved, where the manager is. Or are you talking about the two story, are you confused. One of them was completely approved, that is the building, the long building on the north edge. Mr. Ryskamp: There was no Certificate of Occupancy, however, issued on either building, there was. . . Mr. Barling: That is true, but that one was approved, that is the building he is talking about. Mr. Nottingham: On the number one building, the building with the office attached to it. That building was. . . Mr. Ryskamp: Okay. The two story building, when was it first occupied. Mr. Nottingham: I don't remember. Mr. Barling: Well it was only a third full a year ago, and I think they didn't rent anything until possibly two years ago, so it went a good year or two without anyone upstairs. Mr. Ryskamp: No I am talking - the building - the first one, not the second. Mr. Barling: The first floor. Mr. Ryskamp: The first floor of the two story building, when was it first occupied. Mr. Nottingham: I don't remember. Mr. Barling: It has been in the last three years. Your right, although there is no occupancy permit, the one building was approved above the four foot level, and that one was completed. So the two story building was the only one in question, but as everyone has pointed out, the occupancy factor had been so small until the last year that we are not even sure it was occupied for two or three years even though it was completed. There just wasn't anything to rent at that time. Page 21 aumont City Council August 12, 1985 Mr. Ryskamp: Are there any other questions of Mr. Nottingham. Councilman Mitchell: Mr. Nottingham, I believe that you did have some space leased in 1980. Mr. Nottingham: Uh, it is possible, I don't remember. There was another building inspector between McNabb and Russell, and he checked the studs, he also checked the studs. Councilman Mitchell: Well, Mr. Nottingham, George Evans, 1052 Dorthy Anna Lane, rented space No. 45 on 10/26/79. Mr. Barling: That is the main building, yes, that is not the two story building. Councilman Mitchell: No, no, the little building was the last one built, and that one had a final on it in - it had a final inspection 6/20/80. Final inspection - that is the one where your office building is. That was the last one you built. That was the one you started building and they gave you a double penalty for building without a permit. Mr. Nottingham: Well, we had permits. Councilman Mitchell: They doubled your penalty on it, for some reason, I don't know what the reason was. Mr. Barling: There was a couple of foot extra space that was built over, and there were plans pushed through to cover the additional part that was built beyond the original plans. Councilman Mitchell: I observed that. Now, Mr. Nottingham, I am not trying to be difficult. I am just trying to get into my mind what had happened. You had an inspection card at the job site, did you not. Mr. Nottingham: Yes. Councilman Mitchell: What happened to the inspection cards. Mr. Nottingham: They disappeared. Councilman Mitchell: Did you report that they disappeared. Mr. Nottingham: Yes, I told Cathcart that they wasn't there when he made the inspection over the lintels. Councilman Mitchell: When did he make the inspection on the lintels. Mr. Nottingham: Just before he went on vacation to Spain for two weeks. Councilman Mitchell: You mean just before he left. Mr. Nottingham: No, just before he went on vacation. He went on vaca- tion, he went to Spain for two weeks. Councilman Mitchell: Is that the lintels - the headers over the doors. Mr. Nottingham: Yes. I remember that very distinctly because when he came out to make the inspection, he said what holds those blocks up over the doorway, and I said that is a lintel, and he said what is a lintel. So, I told him, that a lintel was where you use three layers of block, two of them are the webbs knocked out, and they get two bars of rebar - two number fours - at the bottom - and two number fours at the top, and then it is solid ground, and that is what holds it up, that is a lintel. I explained that to him. He didn't know what a lintel was. Councilman Mitchell: Okay, I don't really have any more questions on this. The only point that I had, you are a building contractor, and was there any particular reason you didn't settle this thing of the stop order, and just continued to operate. Page 22 aumont City Council August 12, 1985 Mr. Nottingham: I didn't - we didn't stop - when the stop order was put on it we didn't do anything until they gave us permission to go ahead. Councilman Mitchell: Well, according to Mr. Cathcart's letters, that carry on to the 4th of October, he refers back and says you are still continuing, and we haven't lifted the stop order. Mr. Barling: Let me answer that because that is totally untrue. Because when that stop order came that was my first trip out here. The work that was done that was in question occurred between the be- ginning of August and the 22nd of August while Mr. Cathcart was gone. And that stop order came - Mr. Nottingham called me - extremely angry. I met with Mr. Cathcart, nothing was done to that property between August and October 5, which was what started one of our big problems with Mr. Cathcart. If you will read my letter I set forth very clearly what the problems are. The bottom line is Mr. Cathcart asked Mr. Nottingham for money to sign the inspection after it was done. It is as simple as that. When Mr. Nottingham would not give him money, the problems started. Councilman Mitchell: Why wasn't that reported to the authorities. Mr. Barling: Come on, it is so prominent in small towns, and common in this town from time to time, Mr. Mitchell, please, I would like to say that in my experience in small towns, and the number of building inspectors that I have seen change in this town, there is enough going on between Mr. Davis and others to just choke a horse. And I have seen enough in this City, and I don't want to get into Mr. Davis' dealings or Mr. Namaar's, but they are not very attractive. And to say here that Mr. Cathcart didn't do something I have seen others do, or that didn't happen to us is not fair either, because we were victims of it also. Councilman Mitchell: Thank you for revealing what I have advocated for a long, long time. Mr. Barling: Well, it is true. I mean I have sat with these people in a room, and if I reported every public official that has offered - not offered, that made some demands for money from one of my clients in the last fifteen years, we would have the number of public officials in Southern California that we do, including some governors unfortun- ately, and I will stand on that, it is on the tape. Councilman Mitchell: I have no more questions. Mr. Barling: Gentlemen, thank you very much. I sincerely appreciate the effort. Unfortunately, the last time I was here I was in poor health, and I think I snapped quite a bit unfortunately, fortunately, both Mr. Ryskamp and you are the only ones who were here, and I am quite happy all of you missed it, and I appreciate all of your courtesy. Mayor Russo: Mr. Ryskamp, did you have closing statements and recom- mendations. Mr. Ryskamp: All right, gentlemen, you have heard the statements. As I have listened to this presentation, my concern throughout this as is as much as the studs - some of them don't quite reach, and we haven't quite conformed, and the wall probably handles it with just the plywood. That has been the approach that has been taken on this building from the beginning. We definitely occupied without a Certificate of Occu- pancy. That has been conceded. That Certificate in my experience, should have been pushed for, there should have been a request clearly made to the new officials who came in, and an explanation as to why it was not being given, if it was not in fact given. We see nothing in the record. We do in fact see the letter which is Exhibit 8, that would indicate that there had been certain plans approved, but that the placement of the steel studs had not yet been verified, nor the required public improvements. I don't see that that letter alone indicates that the project, as it exists today, was approved. The Page 23 :aumont City Council August 12, 1985 project, as it exists today, from the testimony that was given, is not safe. I think this Council's duty is to insure the safety of the individuals using that building, and in so doing guarantee that there will not be liability to the City, for the variety of actions that Mr. Barling, as well as others, have indicated have gone on. We need to comply with the Uniform Building Code, and meet the re- quirements. My recommendation to you would be that relative to the issue of having occupied without a Certificate of Occupancy, that our office be authorized to take the appropriate actions, contacting the District Attorney to handle the question of occupying without a final permit, without a Certificate of Occupancy. As to the issue of the building, I would recommend that you give us an order this evening that would order the repair or demolition of the building within a prescribed time, and would allow for presentation for plans, verification in accordance with Mr. Knapp's requirements, and that the building, in fact, be shown to be safe. It is my opinion, I am not an engineer, but as I have listened to everybody concerned, it seems clear that at this time, the building, as has been repaired, does not meet the theoretical concept of Mr. Foerstel had in mind, as he so testified, as has Mr. Knapp. It has to. We need to be certain that the soils will carry the load, and we need then to be certain that the load is being evenly distributed. And if that is not the case, then we need footings. So my recommendation at this time, suggestions as to details, very concerned about occupancy of this building. I would recommend that within sixty days occupancy cease in sixty days allowing time, or that the problems all be corrected during that time if it can be done without removing the occupants. In the event that the sixty days has been completed to insure that there is not entry in the building, that there be proper fencing. That rehabilitation plans be submitted no later than sixty days, and if possible sooner, indicating the soil can carry the load, and then indicating the steps that will be taken to conform to the plan that Mr. Foerstel has proposed. I don't get the impression listening to that plan in of itself, is incorrect, if in fact the soil will handle those loads, and we do have studs that will carry the load from the slab uniformly distributed. I further recommend that you authorize Mr. Knapp to review those plans to be certain that they do conform, that they will accomplish the desired resolve in making the building safe, and that the entire re- habilitation be completed within 210 days, or that demolition be ordered, if it is not. I think underlying all of this is the need to make the building safe for the use to which it is intended, and I recognize, I have sensed, while I think we have had some sloppy work along the way, I sense there is a desire on the part of the property owner to make the building safe. We have become much more aware of his efforts this evening, and that should be considered, but we do need to make the building safe. Mr. Barling: Thank you Mr. Ryskamp. Gentlemen, I agree with a great many things Mr. Ryskamp says, particularly this building should be safe. I would like to say very clearly, as I have said in the past, that if there is any question about one metal stud not being properly attached either sideways, or on the top or the bottom, it will be corrected, and it will be corrected forthwith, not in 210 days, but they will embark upon it immediately, because no one wants that building to be unsafe. We believe it is a small number, less than 10 %, and we are going to make certain that they are correct. So as far as screws through the side of the board, attaching them this way, and whether it requires putting a quarter, eighth or half inch block or metal across the top and fastening again this way, it will done. But at the same time I would like to stress that that is a very small number, if any at all. As far as the soils report and the footing goes, Mr. Turner also disagrees with Mr. Knapp. Mr. Foerstel disagrees with him about the way the slab was done. It was a very common way of doing it. We are willing to get a soils report if you would like. My clients are willing to bend over backwards to please you, and by please Page 24 Beaumont City Council August 12, 1985 you I mean to provide you with adequate data to feel secure in your vote, and if you would like a soils report, we will get a soils engineer out and have him dig some core samplings next to the building, because I know, from my own experiences out here, and I am sure that most of you know, and I am sure most of you know, this ground is com- pacted more than you can do it in the City of Los Angeles or the County, so I expect that ground to be able to hold a lot more load than everybody has speculated here right now. In regard to the other comments, particularly the one about the District Attorney, I don't think this is a criminal situation. I think what is criminal is that it has gone as long as it has without being resolved, and perhaps this particular building will be the impetus for putting in a new policy where all of you will be secure that it doesn't occur again. My clients don't want to be in this position again, and by hindsight they wish they would have taken a completely avenue. Again, they knew the building inspectors, they knew most of the parties involved, they sat down and they talked to them, as you can see my clients put out a lot of effort. Mr. Maganuco, who would normally be a witness, is out of the country. If he were here he would testify that he made a dozen trips out here. So everybody has tried since day one to make this right. And they are still willing to try to make it right. Councilman Shaw: You make a statement about trying to please us, it is not a question of trying to please us, it is a question of safe occupancy that I am concerned about. Mr. Barling: Well that is what I am talking about pleasing you, by pleasing you, I mean provide you with adequate data that this building is safe, and that it has been safe, and that it will be safe in the future. Mr. Knapp agrees that if the studs that have been recommended by Mr. Palmer and by Mr. Foerstel were installed properly that would ease his mind, except for his feelings about the concrete footings. Now, the only thing we can do is get a soils report, and we are happy, we will do it, fine, I want no questions in your mind. If a soils report will ease your mind, it will ease our minds if it comes in the positive way that we believe it will, fine, we will all be very happy to find out that we are correct, let's do it. We will make sure that every wall is corrected. We think it is a small amount, if it is more, than fine, whatever it is we will make sure that every wall in that building is correct. And that is what we want to do. My clients are doing it for themselves because they want a safe building. And that is the most important single thing here today. That building has provided City taxes, it has provided a good solid use for the citizens of Beaumont. It is still standing after five and a half years, what has been described as a major abatement problem is really a major misunderstanding problem between civil engineers and structural engineers. Now, while I disagreed with Mr. Knapp's position and, frankly, his experience, because I feel very strongly one of the problems is the lack of a structural engineer on the City's side. The City Engineer, a civil engineer, and a structural consultant are not the same as a structural engineer. And all this has been frust- rated in our various conversations. I can't say that about Mr. Knapp because I have not had a direct conversation with him, and neither has Mr. Foerstel. It may turn out that Mr. Knapp understands this backwards and forwards and everybody can communicate in a logical way and it might be resolved. I do think that is a problem. If we agreed to any type of curative or remedial measures right now, they have to be ones that everyone understands, and they get done within a space of time and that ends it, because what has happened in the last six years is I have agreed on at least three separate occasions to remedial methods, some with Mr. Foerstel present, in fact I think he was present at all of them, and with building inspectors, City Managers, and here we are today, so every agreement that we reach from 1979 into the early 80's fell apart. So if we make another agreement today in terms of what should be done to check this building, I would like to believe, and I would like to hope that this is what gets carried out. And that if I have to appear here before you again when we have done this work, that you agree that that is what you want, and that is sufficient. And, so my suggestion is the building may or may not be fine now, we would like to see this matter put over to some reasonable period of time, we would like to voluntarily comply by Page 25 Beaumont City Council August 12, 1985 making sure every steel stud is completed in place, properly attached sideways and at the ceiling and floor, and we will get a soils report and we will submit it. Hopefully that will convince everybody the building is correct. Mr. Knapp: Just one little response so far as any question you might have so far as design criteria, this is the Mill Core, which is a steel stud book, and I think it is clearly illustrated here that the design loads are based on, you might want to read this. Mr. Barling: Oh, I understand it, I understand it that area quite well. Mr. Knapp: Well, perhaps. . . Mr. Barling: I also have a license too, as I said to you. Mr. Knapp: Well, then why were you questioning the criteria. Mr. Barling: What he is trying to say is that a load facing stud requires lateral support as well as ceiling support. Mr. Knapp: On both sides. Mr. Barling: You are saying on both sides, okay on both sides. Okay. Do you want to agree with that, I don't agree with it. Mr. Foerstel: I don't agree with it either. (Note: There is a conversation off the mike which is not intelligible on the tape, apparently between Mr. Barling and Mr. Foerstel regarding the necessity of lateral support on both sides being required, with in- put from Mr. Knapp). Mr. Barling: Well we will be happy to provide that, we have also con- sidered in our brief conversations the possibility of running a T bar across of some type. But the point is that my clients are willing to do that. They are willing to do what makes this building safe. They would have done this four or five years ago had it come up. Mr. Ryskamp: Gentlemen, at this point I would like to revise our re- commendation to you and recommend that we do continue the matter until the - well fourteen days isn't going to be enough to provide the soils rpeort, I would suggest the first meeting in September, which is the second Monday evening of September. That should give us sufficient time. . . Mr. Barling: Do you know the date. City Clerk: The second Monday is a holiday. Isn't that admissions day. The second Monday is a holiday. Mr. Ryskamp: So it would be the 10th. City Clerk: Meeting on Tuesday. Mr. Ryskamp: So it would be the 10th. Mr. Barling: You are going to meet on the 10th. Mr. Ryskamp: Yes, Tuesday, the 10th. We have a meeting before that, but two weeks isn't sufficient to get a soils report that we are talking about. Mr. Barling: Oh, I agree. Mr. Ryskamp: I think for your benefit, normally we wouldn't negotiate this on the public record, but I think for your benefit we ought to establish what is required of you to complete the task and make the building safe, issue the occupancy permit, and drop the matter without going on record. So I would recommend that we do continue it until Page 26 Beaumont City Council August 12, 1985 September 10th, gentlemen. That during that time we be provided with a soils report. Gentlemen, assist me, I am not an engineer, which would show the ability to handle the 1300 pounds per square foot. . Mr. Knapp: (Speaking away from the mike - not intelligible). Mr. Barling: Let's start listing some. Mr. Ryskamp: Yeah, let's. . . Okay. Mr. Knapp: Number one, a soils report. Mr. Ryskamp: A soils report. Mr. Knapp: Specifying 1300 plus. Mr. Ryskamp: 1300 plus pounds per square foot and that the footing shall be composed of the existing 3 -1/2 inch concrete slab which is unreinforced. In the event that the soils report does not in- dicate, and that should be by - that report should be prepared by a firm that is acceptable to the City. Mr. Foerstel: It will be an approved firm. Councilman Mitchell: Would you object to Byerley, for soils. Mr. Barling: Triad is one of the big ones who do freeway and other work in Los Angeles. Is Triad acceptable. Jack has done a lot of business for me in the past and they will come out quickly for me. Mr. Barling: And if not, then what we will do is Mr. Foerstel will communicate with you Mr. Knapp and find someone who would be accep- table. Councilman Mitchell: I would like to make one observation. The seed that was planted that grew this poison ivy was the failure to comply with the plans, and to cheat a little bit on the steel. Had that not been done we would not have had a problem. Mr. Barling: Assuming it was done intentionally and not. . . We also don't know whether the rebar was properly tied. Sometimes it is not properly tied by someone and when you pour it starts sliding. Councilman Mitchell: That is blamed on the general contractor. Mr. Ryskamp: In the event the soils report indicates that that soil will not - that the soil footing combination will not handle the load, we are then looking at pouring footings under those bearing walls are we not. Mr. Foerstel: I think we ought to wait to see what happens. There might be other ways to attack the problem. Mr. Ryskamp: Okay, we will see that. The second - you expect to have that by September 1. Is that too quick. You mentioned September 1, that is why I. . . Mr. Foerstel: That is only two weeks. Mr. Barling: The meeting is September 10. Mr. Ryskamp: Let's continue the matter for submission of the soils report September 10. In the event that the soils report is. . . Mr. Barling: I think that is going to have to be open for discussion at the meeting. Mr. Ryskamp: Correct. In the event that it does come through indi- cating that, as it exists, it will handle it, then we would be looking at doing the studs, taking them all the way up, all of them bearing, Page 27 .oeaumont City Council August 12, 1985 subject to inspection at that point by Mr. Turner before any covering is then put on, and to the manufacturer's specifications, which would require sheathing on both sides - take the studs all the way up with screws and whatever is necessary to comply to manufacturer's specs, to Mr. Knapp's approval that Mr. Turner's inspection, step by step, that we are all the way up before we cover if we cover, and to Mr. Knapp's approval of the manner in which we support those studs. Mr. Barling: I would probably like to be present at the time they inspect. Would you object to my being present. Mr. Ryskamp: I have no objection to that matter, perhaps. . . did you have something Paul. Mr. Turner: Yes, I just wanted to ask the engineer, Mr. Foerstel, a question. I am very much against drypacking. Very much against it when it is just a sliver. What would be wrong, you fellows are engineers and all of that, what would be wrong with shim over the top of each stud rather than. . . Mr. Foerstel: What type of shim. Mr. Turner: Wood shim. Mr. Foerstel: You are doing the same thing. Mr. Turner: But when you drypack it. . . Mr. Foerstel: No, we will drypack it. We will drypack with some type of material, we can drypack in an eighth of an inch. Mr. Turner: Well, that is what I am asking, you can put hardwood shims in and it will last you a hundred years. Mr. Ryskamp: Subject to. . . . Mayor Russo: Okay, gentlemen, let's stop here for a moment. Let's get back to where we were so the Council can decide what we are going to do. I appreciate your suggestions. Mr. Ryskamp: We are putting this together as a recommendation, gentlemen, I recognize this is not the normal way, but this is not the normal pro- blem that would confront it. The completion then of the bearing walls would have to be done as to composition and structure in accordance with the approval of Mr. Knapp. As to the execution of that, with Mr. Turner's inspection and definitely we would hope that you would be present for that inspection. I definitely see no problems with that. It may also be that perhaps that Mr. Mitchell would want to be present as well. Mr. Barling: I would welcome any member of the City Council. If they would like to be - anyone - we will make sure there is a note in your boxes so you will know when it is being done if you would like to attend. Mr. Ryskamp: Gentlemen, in that way, then that would be my recommenda- tion at this point. I think we would be dealing with the problem without the necessity of placing a condemnation action on the record against the Nottinghams. Mayor Russo: Does that complete your statement. Nothing further. Mr. Ryskamp: Nothing further. Mr. Barling: No, nothing further. Councilman Mitchell: I would like to make one comment. I believe that we have proven again that when you are seeking, you are better off to seek mercy sometimes than to seek justice. Mayor Russo: If that concludes the testimony then, we will close the public hearing at 9:55 P.M. Page 28 aumont City Council August 12, 1985 Motion by Councilman Mitchell, second by Councilman Shaw, to accept the recommendation of the City Attorney as it has been constructed in discussion, which is as follows: 1. Consideration of this matter will be continued to the regular meeting of September 10, 1985 pending receipt of a soils report prepared by a mutually acceptable firm. 2. This soils report shall specify 1300 plus pounds per square foot, and the footing shall be com- posed of the existing 3 -1/2" concrete slab, which is unreinforced. 3. If the soils report indicates the above mentioned specifications, the studs will then be taken all the way up with screws or whatever is necessary to comply to manufacturer's specifications, subject to Mr. Turner's step by step inspection, and sub- ject to Mr. Knapp's approval as to the manner which the studs are supported. 4. It is agreed that Mr. Barling will be present for the inspection, and any members of the City Council who may wish to observe. AYES: Councilmen Partain, Shaw, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: Councilman Berg. 6. Consideration of Agreement between City of Beaumont and Beaumont - Cherry Valley Water District re: Annexation of City Property to Water District and Exchange of Property. Motion by Councilman Shaw, second by Councilman Partain, to approve the agreement with the Beaumont - Cherry Valley Water District, with an additional paragraph to authorize a leaseback of the scout house property for eighteen months, or until the scouts have been relocated to a new site, for the sum of $1.00. AYES: Councilmen Partain, NOES: None. ABSTAIN: None. ABSENT: Councilman Berg. 12. OUT OF SEQUENCE. Shaw, Mitchell and Mayor Russo. ORDINANCE NO. 617 - SECOND READING. Amending Beaumont Municipal Code Title 17 (Zoning) Pertaining to Display of Merchandise in the General Commercial (C -G) Zone. Motion by Councilman Mitchell, second by Councilman Partain, to adopt Ordinance No. 617 at its second reading by title only. The Ordinance was read by title only by the City Clerk. AYES: Councilmen Partain, Shaw, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: Councilman Berg. 7. Consideration of Acceptance of Agreement with City Attorney. Motion by Councilman Shaw, second by Councilman Mitchell, to accept the agreement with the City Attorney. AYES: Councilmen Partain, Shaw, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: Councilman Berg. Page 29 ;aumont City Council August 12, 1985 8. Ccnsideration of Acceptance of Agreement with Best, Best & Krieger as Bond Counsel for WWTP Financing. Motion by Councilman Mitchell, second by Councilman Shaw, to auth- orize the City Manager to negotiate with dollars and /or percentages for the bonds and with dollars per hours maximum, and a maximum fee for non - profit corporation, with the City Manager having full authority to fulfill the needs of getting the bond counsel and the other work from Best, Best and Krieger for the best benefit of the City. AYES: Councilmen Partain, NOES: None. ABSTAIN: None. ABSENT: Councilman Berg. Shaw, Mitchell and Mayor Russo. 9. Request for Authorization for City Attorney to Attend League of California Cities Annual Conference. Motion by Councilman Shaw, second by Councilman Mitchell, to auth- orize the City Attorney to attend the League of California Cities Annual Conference in San Francisco. AYES: Councilmen Partain, NOES: None. ABSTAIN: None. ABSENT: Councilman Berg. Shaw, Mitchell and Mayor Russo. 10. Request for Authorization for Finance Director to Attend League of California Cities Annual Conference. Motion by Councilman Mitchell, second by Councilman Shaw, to auth- orize the Finance Director to attend the League of California Cities Annual Conference in San Francisco. AYES: Councilmen Partain, NOES: None. ABSTAIN: None. ABSENT: Councilman Berg. Shaw, Mitchell and Mayor Russo. 11. Designation of Voting Delegate for League of California Cities Annual Conference. Motion by Councilman Mitchell, second by Councilman Partain, to designate Mayor Russo as the voting member for the City of Beaumont. Motion by Councilman Partain, second by Councilman Shaw, to amend Councilman Mitchell's motion to designate Councilman Mitchell as the alternate voting member for the City of Beaumont. VOTE TAKEN ON AMENDMENT: AYES: Councilmen Partain, NOES: None. ABSTAIN: None. ABSENT: Councilman Berg. VOTE TAKEN ON MAIN MOTION: AYES: Councilmen Partain, NOES: None. ABSTAIN: None. ABSENT: Councilman Berg. MOTION CARRIED AS AMENDED. Shaw, Mitchell and Mayor Russo. Shaw, Mitchell and Mayor Russo. 13. ORDINANCE NO. 618 - FIRST READING - Amending Title 17, Section 17.70. 005, to Provide Ten (10) Day Notice for Hearings. Motion by Councilman Mitchell, second by Councilman Partain, to pass Ordinance No. 618 at its first reading. The ordinance was read in its entirety by the City Clerk. Page 30 Beaumont City Council August 12, 1985 AYES: Councilmen Partain, Shaw, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: Councilman Berg. 14. Discussion of Possible Lease Purchase Renovation of City Hall versus Construction of New City Hall. (Continued from July 22, 1985) This agenda item was continued to the regular meeting of September 10, 1985. 15. CONSENT CALENDAR: a. Approval of Minutes of Regular Council Meeting of July 22, 1985 and Adjourned Meeting of July 23, 1985. b. Acceptance of Minutes of Regular Planning Commission Meeting of July 2, 1985. d. RESOLUTION NO. 1985 -33 - Adopting the Sewerage and Sanitation Fees Report and Directing that Said Report be Certified to the County Auditor for Collection on the Tax Rolls. e. RESOLUTION NO. 1985 -34 - In Support of Legislation Exempting State and Local Governments from Provisions of the Fair Labor Standards Act of 1938 Relating to Overtime. f. Authorization for Finance Director to Execute and Submit Article 4 and Article 8 Claims. g. Authorization to Declare City Property Surplus and Schedule Public Auction. h. Adoption of Investment Policy. i. Report of Planning Commission Action at Meeting at August 6, 1985. At the request of Councilman Mitchell Consent Calendar Item No. c was removed from the consent calendar and will be considered separately. Motion by Councilman Partain, second by Councilman Shaw, to approve Consent Calendar Items "a" through "i ", with Item No. "c" removed. AYES: Councilmen Partain, Shaw, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: Councilman Berg. 16. Approval of Payment of Warrants as Audited per Warrant List of August 12, 1985, in the amount of $184,848.54 and Payroll of July 25, 1985, in the amount of $33,312.12. Motion by Councilman Shaw, second by Councilman Partain, to approve warrant list and payroll as submitted. AYES: Councilmen Partain, Shaw and Mayor Russo. , NOES: Councilman Mitchell. ABSTAIN: None. ABSENT: Councilman Berg. There being no further business to come before the Council, the meeting was adjourned to 6:00 P.M., on Wednesday, August 21, 1985, in the City Council Chambers, for continuation of budget review for fiscal year 85 -86. Meeting adjourned at 10:53 P.M. Respectfull Page 31 BEAUMONT CITY COUNCIL MINUTES OF ADJOURNED MEETING OF JULY 23, 1985 (Adjourned from July 22, 1985) The Beaumont City Council met in an adjourned meeting at 6:16 P.M., on Tuesday, July 23, 1985, in the City Council Chambers, with Mayor Russo presiding. On Roll Call the following Council Members were present: Partain, Shaw, and Mayor Russo. Councilman Berg was excused. Let the record show Councilman Mitchell arrived at 7:48 P.M. 1. Continuation of Review of Proposed Budget - Fiscal Year 1985 -86. The City Manager presented his updated budget report for review by the Council. a. Proposed Revenues. With the changes made by the City Manager in his new report, the projected General Fund deficit as of June 30, 1986 is now $32,839. Under sewer services, the projected shortfall will be $12,519. b. Proposed Restricted Funds. It was proposed by Mayor Russo that when a full Council is seated, they consider giving direction that a portion of the street main- tenance expenditures come from the 2107 Gas Tax Fund. Using the City Manager's updated report as a basis, the City Council reviewed the expenditures portion of the budget as follows: C. City Council - Account 1050. No Changes. d. City Manager - Account 1100. No Changes. e. City Clerk - Account 1150. No Changes. f. Finance - Account 1200. No Changes. g. City Attorney - Account 1300. No Changes. h. Planning - Account 1350. No Changes. i. Personnel /Purchasing - Account 1400. No Changes. j. General Government - Account 1450. Recommendation by City Manager to increase umbrella insurance coverage to ten million accepted by concensus. Mayor Russo proposed that $20,000 be budgeted for termite work in City Hall, said funds to be taken from the Building Fund balance of $265,727, with a concensus of the Council. k. Police - Account 2050. No Changes. 1. Fire - Account 2100. No Changes. M. Building Inspector - Account 2150. No Changes. n. Code Enforcement /Animal Control - Account 2200. Consideration of this department budget was held, to be brought back to the Council for further discussion. Page 1 Beaumont City Council July 23, 1985 o. Engineering - Account 3050. No Changes. p. Public Works - Account 3100. Based on the City Manager's recommendation, the one ton flat bed truck was left in the budget. q. Street Maintenance - Account 4050. No Changes. r. Sewer Service - Account 4050. 6020, Land Improvements. Will remain in the budget. 6040, Equipment. Add $13,000 for backhoe. 6060, Vehicles. Half Ton Pickup deleted (11,500). One ton flat bed truck added (15,000). Salaries and benefits. Delete Sewer Maintenance Leadman (15,734). Add Operator I position (18,103). S. Sanitation - Account 4500. No Changes. t. Sewer Construction - Account 4100. The Council requested staff recommendations on sewer hook -up fees taking into consideration: 1) An increased fee straight across the board for all residences, apartments, single family, etc. 2) Status quo fee, leaving it where it is. 3) Graduated schedule showing some kind of consideration for multiple family dwellings. 4) Review commercial rates. Councilman Mitchell suggested consideration of $1.00 /sq.ft. not less than $1,000 and not to exceed $1,500. U. Vehicle Maintenance - Account 5050. 4060, Contractual Services. Increase for fuel station and electric gate maintenance (2,500). V. Parks - Account 6050. No Changes. W. Senior Center - Account 6100. No Changes. X. Transit - Account 7000. No Changes. y. Medical Self - Insurance - Account 0042 -XXXX. 4080, Insurance. Deleted based on City Manager's recommendation. Z. Reserve for Contingencies. Left in budget at this time. Return to Council for further dis- cussion. 2. The meeting was recessed to closed session to meet with designated representative regarding labor relations matters pursuant to Govern- ment Code Section 54957.6 at 8:45 P.M. The meeting was reconvened to regular session at 9:55 P.M. Page 2 Beaumont City Council July 23, 1985 Let the record show the Council discussed labor relations matters and personnel matters, and no definitive action was taken. There being no further business to come before the Council, the meeting was adjourned at 9:56 P.M. Re!��tfully submitted, uty City Clerk Page 3 BEAUMONT CITY COUNCIL MINUTES OF JULY 22, 1985 The Beaumont City Council met in a July 22, 1985, in the City Council The Invocation was given by Pastor The Pledge of Allegiance to the F1 On Roll Call the following Council Berg, Mitchell and Mayor Russo. 1. ORAL COMMUNICATION: regular meeting at 7:39 P.M., on Monday, Chambers with Mayor Russo presiding. Don Sullivan, Church of Christ. ag was led by Councilman Partain. Members were present: Partain, Shaw, a. Members of the audience speaking to the issue of Councilman Berg's statement concerning homosexuals were as follows: In Opposition to Mr. Berg: a. Mr. Gregory Pettis, representing the Desert Business Association of the Desert. b. Mr. Ron Christenson, Treasurer of the National Association of Business Councils. C. A letter from Reverand Ron R. Gee, Pastor, Metropolitan Community Church of the Desert was read into the record by Mayor Russo. In support of Mr. Berg: a. Ms. Geri King, 949 Chestnut, Beaumont. b. Mr. Mark Field, 40462 Dutton, Cherry Valley. C. Mr. John Krodel, 10851 Bellflower, Cherry Valley. d. Mr. Ivan LoVette, 1012 Beaumont Avenue, Beaumont. e. Pastor Tony Murga, 10001 Bellflower Avenue, Cherry Valley. f. Dr. Walter Price, 1280 Orange Avenue, Beaumont. Mr. Charles Hobbie, KGUD Radio, also addressed the Council re- garding this issue, but spoke neither in opposition or support of Mr. Berg. b. Ms. Irene Testerman, Beaumont, addressed the Council concerning the red no parking /bus parking zone which has been painted in front of the building she owns on 6th Street, stating she could not lease the building as long as there was no parking in front of the building. She further stated it had not solved the bus parking problem since they are still using the green zone. She then asked the Council to reconsider and have the no parking zone removed. The City Manager was asked to respond to Ms. Testerman's complaint with a report to the Council concerning the justification, or some indication of the exact problem. C. Ms. Dollie Irwin, Banning, addressed the Council asking if the City of Beaumont was sending a representative to the California/ Texas Pipeline hearings tomorrow night. The City Manager indica- ted he had not been notified of this hearing. Ms. Irwin then read the letter which the Desert Pass Action group would be sending to the Department of Interior concerning this pipeline. Page 1 Beaumont City Council July 22, 1985 d. Fern Bodhaine, Cherry Valley, addressed the Council concerning a proposed General Plan Amendment and Zone Change at the corner of Sunnyslope and Cougar Way, which would allow 80 units on two and one -half acres. Under the current zoning only five lots to the acre would be allowed. It was noted this matter is coming before the Planning Commission on August 6 and that would be the appropriate place for Ms. Bodhaine and her neighbors to present their case. e. Mr. Dale Schnippel, Beaumont, addressed the Council concerning the refusal of the Inland Mediation Board to become the fifth member of the Rent Review Commission. He suggested that a list of mediators from the County Superior Court be obtained. The City Manager advised that he and Ronney Wong had met with Mr. Zahner this afternoon concerning this matter, and it will be placed on the August 12 Council agenda. 3. Submittal of Request for Proposals for Contract Administraton Relative to Construction of San Timoteo Wastewater Treatment Plant #2 for Council Review, and Request for Authorization to Issue Same. (Councilman Mitchell was excused at 8:20, returning to his chair at 8:28). Changes to the Request for Proposal were made as follows: a. Page 3, Paragraph II: The dollar amount shown as budgeted for engineering services to be deleted, with the total estimated construction costs for the sewer plant to be inserted. b. Page 3, Paragraph I-A: In line 7, the word "designated" to be replaced with the word "estimated ". C. Page 3, Line 2: "District" should be changed to read "City ". d. Page 4, Paragraph III: Add the following statement: "The scope of this contract would be until construction had been completed ". e. Page 4, Paragraph V.A: Change the wording to read, "A Letter of Intent with proposed services to be offered by the engineer should be submitted to the City of Beaumont by 3:00 P.M., August 30, 1985, to the City Engineer, P. O. Box 158, Beaumont, California, 92223." Motion by Councilman Berg, second by Councilman Partain, to authorize that Request for Proposal for Contract Administration of San Timoteo Wastewater Treatment Plant be issued as amended. AYES: Councilmen Partain, Shaw, Berg and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: Councilman Mitchell. 4. Appeal Filed by Gladys Bell, d /b /a Beaumont Swap Meet, of Planning Commission Decision Regarding Conditional Use Permit 80- CUP -6. Ms. Gladys Bell addressed the Council enumerating her reasons for her appeal. There was lengthy discussion among the Council Members and the City Attorney, with input from the Planning Director and Planning Commis- sioner Cole Jackson. Motion by Councilman Mitchell that the permit existing at the present time on the swap meet be set in suspense until proper legal procedure with a plot plan be produced showing the parking spaces, going through everything everyone else had to do, having their filing with the State Board of Equalization, and following it, to eliminate any further sales of switchblade knives, mattresses, marijuana that they have already been cited for, and I think we should stop it right away, have Page 2 Beaumont City Council July 22, 1985 a complete understanding, and those are actual facts and citations that we have had. The Board of Equalization has not been notified, and the Health Department has not been notified. Councilman Mitchell then stated this was not his motion, he was just giving his reasons for the motion. Motion by Councilman Mitchell, second by Councilman Shaw, that this Conditional Use Permit be set aside pending the time that the man make proper showing of his ability to operate, and to have a plot plan that is compatible to the property itself, with a proper hearing before the Planning Commission. AYES: Councilmen Shaw and Mitchell. NOES: Councilmen Partain, Berg and Mayor Russo. ABSTAIN: None. ABSENT: None. MOTION FAILED. Motion by Councilman Berg, second by Councilman Partain, to deny the appeal. AYES: Councilmen Partain, Berg and Mayor Russo. NOES: Councilmen Shaw and Mitchell. ABSTAIN: None. ABSENT: None. MOTION CARRIED. The City Attorney asked that, considering the difficulties with the error in Title 17 as to the 21 days, that some direction be given to make that Ordinance conform with both State law and previous practice. The City Manager was directed to bring an amendment back to the Council. A five minute recess was called by Mayor Russo. The meeting was reconvened at 9:44 P.M. with Councilman Mitchell absent. 5. ORDINANCE NO. 617 - FIRST READING - Amending Beaumont Municipal Code Title 17 (Zoning) Pertaining to Display of Merchandise in the General Commercial (C -G) Zone. The Ordinance was read in its entirety by the City Clerk. Motion by Councilman Berg, second by Councilman Partain, to pass Ordinance No. 617 at its first reading. AYES: Councilmen Partain, Shaw, Berg and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: Councilman Mitchell. Let the record show Councilman Mitchell returned to his chair at 9:52 P.M. 6. Request from Mayor Russo for Status Report and Further Consideration of Application of Title 17 Relative to Alleged Encroachments by Beaumont Yamaha Kawasaki. Motion by Councilman Mitchell that everything be held status quo between 6th and 7th Street on Beaumont Avenue relative to displays of merchandise pending the time this new ordinance is set. DIED FOR LACK OF A SECOND. Motion by Councilman Berg, to direct the staff problem back to the City Manager for handling as he deems fit. MOTION WITHDRAWN BY COUNCILMAN BERG. Page 3 7. E:F 0 Beaumont City Council July 22, 1985 Motion by Councilman Mitchell, second by Councilman Shaw, to suspend all enforcement of all City Ordinances relative to display of mer- chandise on Beaumont Avenue from lst Street to 14th Street and on 6th Street from Highland Springs to the freeway on the other side of Egan for six weeks from adoption of Ordinance No. 617. AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. Discussion on Possible Lease Purchase Renovation of City Hall versus Construction of New City Hall. This agenda item was continued until the next regularly scheduled meeting. CONSENT CALENDAR: Consent Calendar Item 8.d was withdrawn from the consent calendar for discussion at the request of Mr. Lyman Burhop. a. Approval of Minutes of Regular Council Meeting of July 8, 1985, and Adjourned Council Meeting of July 9, 1985. b. Approval of Payment of Warrants as Audited per Warrant List of July 22, 1985 and Payroll of July 11, 1985. C. Negative Declaration 85 -ND -8. Applicant: Dennis Ingrao. Location: Northeast Corner of Beaumont Avenue and 3rd Street. Motion by Councilman Berg, second by Councilman Partain, to approve Consent Calendar Items a., b., and c. AYES: Councilmen Partain, Russo. NOES: None. ABSTAIN: None. ABSENT: None. Shaw, Berg, Mitchell and Mayor RESOLUTION NO. 1985 -33 - Approving Agreement with D & S Towing for Storage of Vehicles. The City Manager advised the Council the agreement was not made in the form of a resolution, therefore, it will not be identified as Resolution No. 1985 -33. Motion by Councilman Berg, second by Councilman Mitchell, to approve the agreement with D & S Towing for storage of vehicles. AYES: Councilmen Partain, Russo. NOES: None. ABSTAIN: None. ABSENT: None. Shaw, Berg, Mitchell and Mayor There being no further business to come before the Council, the meeting was adjourned to 6:00 P.M., on Tuesday, July 13, 1985, in the City Council Chambers, for continuation of budget review. The meeting was adjourned at 11:12 P.M. Page 4 ctfully submitted, ,17 CLERK BEAUMONT CITY COUNCIL MINUTES OF ADJOURNED MEETING OF JULY 9, 1985 (Adjourned from July 8, 1985) The Beaumont City Council met in an adjourned meeting at 6:20 P.M, on Tuesday, July 9, 1985, in the City Council Chambers, with Mayor Russo presiding. On roll call the following Council Members were present: Partain, Shaw, Berg, Mitchell and Mayor Russo. 1. Continuation of Budget Review - Fiscal Year 1985 -86. The Council continued their review of the proposed Fiscal Year Budget 1985 -86, commencing with the Building Inspection Department. a. Building Inspection - Account 2150. 6040- Equipment. Two way communication radio was deleted (1,675). b. Business License /Animal Control - Account 2200. The title for this department was changed to "Code Enforcement/ Animal Control" as recommended by the City Manager. No further determinations were made concerning this budget. The department will be reviewed further by the City Council. Let the record show Councilman Mitchell was excused at 7:05 P.M., returning to his chair at 7:30 P.M. C. Engineering - Account 3050. Salaries and benefits. The Grants Account Clerk was deleted from this budget (13,686). d. Public Works - Account 3100. Salaries and Benefits. The Grants Account Clerk was deleted from this budget (6,843). 6060- Vehicles. The One Ton Flatbed Truck was left in the budget at this time. The City Manager was directed to reveri- fy the $15,000 figure. e. Street Maintenance - Account 3250. 4086- Freeway Lighting Maintenance. Added in the amount of $2,000. f. Street Lighting - Account 3350. No questions at this time. g. Sewer Service - Account 4050. Salaries and benefits. The Sewer Maintenance Leadman position was changed to a Wastewater Treatment Plant Operator I in the amount of $15,000. 6040- Equipment. Added Boom Lift (1,500) and Hand Power Rodder (1,100). Salaries and benefits. The Grants Account Clerk was deleted from this budget (5,346 plus benefits). Further justification concerning the backhoe was requested from the City Manager, including the projected number of hours per year the equipment would be utilized; what we have done that Paae 1 BEAUMONT CITY COUNCIL MINUTES OF JULY 8, 1985 The Beaumont City Council met in a regular meeting at 7:35 P.M., on Monday, July 8, 1985, in the City Council Chambers with Mayor Russo presiding. The invocation was given by Councilman Partain. The Pledge of Allegiance to the Flag was led by Councilman Shaw. On Roll Call the following Council Members were present: Partain, Shaw, Berg, Mitchell and Mayor Russo. Mayor Russo stated that in study session Councilman Mitchell requested that an item be added to the agenda. He further stated it has been Council policy not to place items on the agenda without having the infor- mation before the Council in the original agenda packet. The issue now before them is to add another item to the agenda per Mr. Mitchell's request. The issue is relative to a Planning Commission meeting last Tuesday evening, and circumstances surrounding that meeting. ADD ITEM: 7. Motion by Councilman Partain, second by Councilman Berg, to not allow the issue to be brought before the Council at this time, and allow Mr. Mitchell to go through the normal channels to place it as an agenda item at the next meeting. AYES: Councilmen Partain, Berg and Mayor Russo. NOES: Councilmen Shaw and Mitchell. ABSTAIN: None. ABSENT: None. MOTION CARRIED. 1. ORAL COMMUNICATION: a. Ms. Carolyn Toenjes, 1863 Park Drive, Palm Springs, addressed the Council asking if any of the members of the Council who were on the Council at the time they approved a Negative De- claration for Westinghouse had reviewed the list of radioactive materials that would be in the facility, and had seen the license application. Mayor Russo responded that he was on the Council at that time. That he did review the list of elements that would be at the facility, and also reviewed the license application. No other members of the Council responded. b. Ms. Dollie Irwin, 420 N. Morongo, Banning, addressed the Council reading a portion of a newspaper article regarding Westinghouse. (Neither the newspaper of publication or the date was identified). Ms. Irwin then asked the following specific question: How the EPA would be involved in an answer that was a City form drawn up by a City. What the EPA would have to do with it one way or the other, and who were the City officials that informed Jack Bastin that he could answer that question that way. The City Manger was directed to review the question with staff and give an answer to Ms. Irwin. Page 1 2. 3. 4. Beaumont City Council July 8, 1985 A five minute recess was called by Mayor Russo at 7:48 P.M. The meeting was reconvened at 7:52 P.M. Let the record show Councilman Mitchell returned to his chair at 7:54 P.M. Consideration of Revised Contract for J. F. Davidson Associates. Motion by Councilman Shaw, second by Councilman Berg to authorize $5,000 for FmHA revisions to Plans and Specifications, and $3,500 for the application to FmHA, for a total additional services cost of $8,500 to the original J. F. Davidson contract. AYES: Councilmen Partain, Russo. NOES: None. ABSTAIN: None. ABSENT: None. Shaw, Berg, Mitchell and Mayor Consideration of Claim for Damages Incurred Due to Sewer Blockage filed by Jett Pharmacy, 707 Beaumont Avenue. Motion by Councilman Mitchell, second by Councilman Shaw, to pay the claim filed by Jett Pharmacy in the amount of $75.00. AYES: Councilmen Partain, Russo. NOES: None. ABSTAIN: None. ABSENT: None. Shaw, Berg, Mitchell and Mayor Authorization to Issue Requests for Proposals for Contract Adminis- tration - Construction of San Timoteo Wastewater Treatment Plant #2. Motion by Councilman Berg, second by Councilman Partain, directing staff to draw up the Request for Proposals for Contract Administra- tion relative to construction of San Timoteo Wastewater Treatment Plant #2, with said proposals to be brought back to the Council at the next regular Council meeting. AYES: Councilmen Partain, Russo. NOES: None. ABSTAIN: None. ABSENT: None. Shaw, Berg, Mitchell and Mayor 5. Request from Councilman Berg for Discussion on Possible Lease Purchase Renovation of City Hall versus Construction of New City Hall. Councilman Berg requested all Council Members to bring their plans and ideas concerning either renovation of the present City Hall or construction of a new City Hall building to the next regular Council Meeting. Motion by Councilman Mitchell, second by Councilman Shaw, to spend $5,000 or less to install air conditioning that will accommodate the City Manager and his secretary's office. AYES: Councilmen Shaw and Mitchell. NOES: Councilmen Partain, Berg and Mayor Russo. ABSTAIN: None. ABSENT: None. MOTION FAILED. Councilman Berg requested reconsideration of the foregoing motion at the budget meeting scheduled for Tuesday, July 9, 1985. Agenda Item No. 5 was continued to the next regular meeting of July 22, 1985. Page 2 W Beaumont City Council July 8, 1985 CONSENT CALENDAR: Councilman Mitchell requested that Agenda Item No. 6.c, Approval of payment of Warrants and Payroll, be removed from the Consent Calendar and considered separately. At the request of the City Manager, the title of Agenda Item No. 6.d was amended to read as follows: Authorizing Mayor to Execute Supple- mental Agreement for Use of 11th Year Community Development Block Grant Funds. a. Approval of Minutes of Adjourned Council Meeting of June 17, 1985, Regular Council Meeting of June 24, 1985 and Adjourned Council Meeting of July 1, 1985. b. Acceptance of Minutes of Regular Planning Commission Meeting of June 4, 1985. d. Authorizing Mayor to Execute Supplemental Agreement for Use of 11th Year Community Development Block Grant Funds. e. Request from Councilman Berg for Permission to be Absent from the State for Ninety Days. Motion by Councilman Berg, second by Councilman Partain, to approve Consent Calendar Items No. "a" through "e" as amended. AYES: Councilmen Partain, Russo. NOES: None. ABSTAIN: None. ABSENT: None. Shaw, Berg, Mitchell and Mayor Approval of Payment of Warrants as audited per Warrant List of July 8, 1985, in the amount of $107,457.32; and Payroll of June 27, 1985, in the amount of $37,279.65. Motion by Councilman Berg, second by Councilman Partain, to approve payment of warrants as audited per Warrant List of July 8, 1985, in the amount of $107,457.32; and Payroll of June 27, 1985, in the amount of $37,279.65. AYES: Councilmen Partain, NOES: Councilman Mitchell. ABSTAIN: None. ABSENT: None. Shaw, Berg and Mayor Russo. There being no further business to come before the Council, the meeting was adjourned to 6:00 P.M., on Tuesday, July 9, 1985, for continuation of budget review, fiscal year 1985 -86. The meeting was adjourned at 8:28 P.M. Respectfully submitted, CIT CLEiW Page 3 BEAUMONT CITY COUNCIL MINUTES OF ADJOURNED MEETING OF JULY 1, 1985 (Adjourned from June 24, 1985) The Beaumont City Council met in an adjourned meeting at 5:38 P.M., on Monday, July 1, 1985, in the City Council Chambers, with Mayor Russo presiding. On roll call the following Council Members were present: Partain, Shaw, Berg and Mayor Russo. Let the record show Councilman Mitchell arrived at 5:42 P.M. Councilman Partain requested that Items 2, 3 and 4 be taken out of sequence and considered prior to Item No. 1. It was the concensus of the Council these items would be taken out of sequence. 2. Equipment for Fire Truck. Motion by Councilman Berg, second by Councilman Partain, to authorize the expenditure of $25,000 with funds coming from the General Fund for equipment for the new fire truck as recommended. AYES: Councilmen Partain, Shaw, Berg and Mayor Russo. NOES: Councilman Mitchell. ABSTAIN: None. ABSENT: None. 3. Nine Hour Transit Service. Motion by Councilman Shaw, second by Councilman Partain, to adopt a Minute Order authorizing the filing of a budget adjustment with RCTC and to implement a nine hour transit day. AYES: Councilmen Partain, Russo. NOES: None. ABSTAIN: None. ABSENT: None. Shaw, Berg, Mitchell and Mayor 4. The meeting was adjourned to closed session to meet with its designa- ted representatives regarding labor relations matters pursuant to Government Code Section 54957.6, at 6:32 P.M. The meeting was reconvened to regular session at 9:46 P.M. Let the record show no definitive action was taken in closed session. Negotiations were discussed and direction was given to the City Manager and negotiating teams to proceed with negotiations. 1. Continuation of Budget Review - Fiscal Year 1985 -86. This agenda item was continued to an adjourned meeting to be set for Tuesday, July 9, 1985, at 6:00 P.M. There being no further business to come before the Council, the meeting was adjourned at 9:50 P.M. Res fully submitted, BEAUMONT CITY COUNCIL MINUTES OF JUNE 24, 1985 The Beaumont City Council met in a regular meeting at 7:37 P.M., on Monday, June 24, 1985, in the City Council Chambers, with Mayor Russo presiding. The Invocation was given by Councilman Berg. The Pledge of Allegiance to the Flag was led by Councilman Shaw. On Roll Call the following Council Members were present: Partain, Shaw, Berg, Mitchell and Mayor Russo. 1. ORAL COMMUNICATION: There were no requests to be heard 2. Consideration of Claim for Damages filed by Jett Pharmacy, 707 Beaumo Motion by Councilman Mitchell that get a positive determination as to line and where in his lateral they DIED FOR LACK OF A SECOND. under Oral Communication. Incurred Due to Sewer Blockage at Avenue. this agenda item be set over to the distance to the City sewer found this blockage. This agenda item was referred to staff to further review exactly where the main line is located, with a report back to Council. 3. Request from Futura Valley Farms and Loma Linda Properties to Address Council Regarding Proposed Annexation to City of Beaumont. A presentation was given by Ms. Susan Fox, of Eisner, Smith and Asso- ciates, representing Mr. John Stocker, describing the development they propose for the area which they are requesting to be annexed. Ms. Katherine Gifford, of Psomas /Harrison & Associates, representing Loma Linda Properties and Mr. Lawrence J. Dorn, addressed the Council concerning their property and its proposed development. 4. Motion by Councilman Berg, second by Councilman Shaw, to direct the City Manager to proceed with Loma Linda Properties; and further direct the City Manager to discuss possible annexation with Mr. Hovnanian which would allow the City to extend the sphere of influ- ence and process the application for Futura Valley Farms. AYES: Councilmen Partain, Russo. NOES: None. ABSTAIN: None. ABSENT: None. Shaw, Berg, Mitchell and Mayor Request from Beaumont Taxi for Increase in Rates. Motion by Councilman Mitchell, second by Councilman Partain, to grant the request of Beaumont Taxi for an increase in rates. AYES: Councilmen Partain, Russo. NOES: None. ABSTAIN: None. ABSENT: None. Shaw, Berg, Mitchell and Mayor 5. Request from Mr. Cole Jackson for Discussion of Sign Ordinance. Motion by Councilman Berg, second by Councilman Partain, to direct the City Manager to convene a committee to review our City sign ordinances and sign codes, with the committee to be comprised of a representative of the building department and two members of the Beaumont business community selected by the Chamber of Commerce. pa ap 1 0 7. Beaumont City Council June 24, 1985 The City Manager shall report back to the City Council on or before August 26 with recommendations pertaining to the revision of the sign ordinance such that the revised ordinance is enforceable, con- stitutional and one that provides realistic guidelines for a community of our size and atmosphere. The proposed revisions shall include guidelines for permanent signs, and for signs of a temporary nature not limited to, but including, real estate for sale signs, temporary business banners, special purpose signs and campaign signs. AYES: Councilmen Partain, Berg and Mayor Russo. NOES: Councilman Mitchell. ABSTAIN: Councilman Shaw. ABSENT: None. Notification to Council of Proposed Rate Increase by Southland Cable - Vision. Motion by Councilman Mitchell, second by Councilman Shaw, to grant the rate increase by Southland CableVision. Motion withdrawn by Councilman Mitchell and second withdrawn by Councilman Shaw. No action was taken on this agenda item. Report from City Manager Relative to Appointment of Three Member Board of Directors for Non - Profit Corporation - Financing of Wastewater Treatment Plant #2. Motion by Councilman Berg, second by Councilman Mitchell, that the City Council appoint three members to serve as the Board of Directors of the non - profit corporation, and that the three members be Mr. Hap Haskell, Mr. Ken Smith and Mr. Daniel Zahner. AYES: Councilmen Partain, Russo. NOES: None. ABSTAIN: None. ABSENT: None. Shaw, Berg, Mitchell and Mayor Status Report from City Attorney Regarding Ordinance Requiring Silent Alarms. Motion by Councilman Mitchell, second by Councilman Shaw, to refer this matter to the City Manager for his review and recommendation. AYES: Councilmen Partain, NOES: Mayor Russo. ABSTAIN: None. ABSENT: None. Shaw, Berg and rMitchell. 9. Status Report from City Attorney Regarding Pending Abatements in the City. The City Attorney advised there were three pending abatements in varying stages. 561 Maple has already been declared a nuisance. They were given time to remove the residence, or repair, but they have not complied with either removal or repair. A final notice has been prepared giving them thirty days to demolish and remove or repair. 790 Michigan, belonging to Mr. Baker. Nothing has been done on it. The first notice of three has been initiated. If that notice is not responded to, the matter will be brought to the Council in the form of a second notice. The Xenia Mini - Warehouse has been a long- standing problem. The City had given additional time to their attorney, Mr. Barling. Since he has not responded, notices will be sent out to bring this matter in the form of a public hearing before the City Council either the 22nd of July or the first meeting in August. Page 2 10. 11. Beaumont City Council June 24, 1985 Discussion of Palm Avenue as a "Special Design Street" as Adopted in the General Plan. Motion by Councilman Mitchell, second by Councilman Partain, to grant Mr. Ariza'a request to put in a circular drive subject to meeting the criteria of street and sidewalk ordinances. A five minute recess was called by Mayor Russo at 9:40, reconvening to regular session at 9:45. The motion by Councilman Mitchell and second by Councilman Partain were withdrawn. Motion by Councilman Mitchell, second by Councilman Partain, that the construction of a circular driveway at 850 Palm Drive be granted based upon the general plans presented to Council by the applicant, being subject only to City inspection, all applicable fees shall be required. AYES: Councilmen Partain, NOES: Russo. NOES: None. ABSTAIN: None. ABSENT: None. Shaw, Berg, Mitchell and Mayor The Council directed staff to conduct a review of Palm Avenue in- cluding the right -of -way, a sidewalk plan and some standard encroach- ment permit processes that should be followed, with a report back to Council the second meeting in August. Consideration of Revised Contract for J. F. Davidson Associates. (Wastewater Treatment Plant #2). (Continued from June 10, 1985). This agenda item was continued to July 8, 1985. 12. RESOLUTION NO. 1985 -26 - To Extend the One Time Only Percentage Adjustment for Employee Salary Increase until Negotiations are Completed and 1985 -86 Budget Adopted. E19V Motion by Councilman Shaw, second by Councilman Berg, to adopt Reso- lution No. 1985 -26. AYES: Councilmen Partain, Russo. NOES: None. ABSTAIN: None. ABSENT: None. Shaw, Berg, Mitchell and Mayor RESOLUTION NO. 1985 -27 - To Outlaw Use of Video Lottery Machines in California. Motion by Councilman Shaw, second by Councilman Berg, to adopt Reso- lution No. 1985 -27. AYES: Councilmen Partain, NOES: None. ABSTAIN: Councilman Mitchell. ABSENT: None. 14. CONSENT CALENDAR: Shaw, Berg and Mayor Russo. a. Approval of Minutes of Regular Council Meeting of June 10, 1985. d. RESOLUTION NO. 1985 -29 - Fixing Amount of Fee to be Paid by Pro- perty Owners Upon Subdivision of Land and Apportionment of Unpaid Assessments in Assessment Districts. e. Adoption of Application Form for Use in Reapportionment of Assessments. Page 3 15. 16. f. RESOLUTION NO. 1985 -30 the County of Riverside of Said City to be Held Election of November 5, Elections Code and Sett ments. Beaumont City Council June 24, 1985 - Requesting the Board of Supervisors of to Consolidate a General Municipal Election on November 5, 1985, with the "Consolidated" 1985, Pursuant to Section 23302 of the ing Forth Regulations for Candidate State- g. RESOLUTION NO. 1985 -31 - Calling and Giving Notice of the Holding of a General Municipal Election to be Held in Said City on Tues- day, November 5, 1985 for the Election of Certain Officers of Said City as Required by the Provisions of the Laws of the State of California Relating to General Law Cities. h. RESOLUTION NO. 1985 -32 - 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 5, 1985. i. Request for Budget Adjustment: Year End Adjustments for Vehicle Maintenance. j. Request for Budget Adjustment: Department. k. Request for Budget Adjustment: to Senior Center. 1. Request for Budget Adjustment: Works Area. M. Request for Budget Adjustment: Maintenance. Year End Adjustments for Police To Reallocate Donation Monies Year End Adjustments for Public Year End Adjustments for Vehicle Consent Calendar Items "b" and "c" were removed from the Consent Calendar for individual consideration as Agenda Items No. 15 and 16. Motion by Councilman Berg, second by Councilman Mitchell, to approve the Consent Calendar with the exception of Items "b" and "c ", and Item "a" amended to read approval of minutes of Regular Council Meeting of June 10, 1985. AYES: Councilmen Partain, NOES: Russo. NOES: None. ABSTAIN: None. ABSENT: None. Shaw, Berg, Mitchell and Mayor Approval of Payment of Warrants as audited per Warrant List of June 24, 1985, in the amount of $28,094.71; and Payroll of June 13, 1985, in the amount of $32,612.47. Motion by Councilman Berg, second by Councilman Shaw, to approve warrants as audited per Warrant List of June 24, 1985, in the amount of $28,094.71 and Payroll of June 13, 1985, in the amount of $32,612.47. AYES: Councilmen Partain, NOES: Councilman Mitchell. ABSTAIN: None. ABSENT: None. Shaw, Berg and Mayor Russo. RESOLUTION NO. 1985 -28 - Establishing Speed Limits for Certain Streets. Motion by Councilman Mitchell to instruct the City Manager, who has charge of the Police Department, to instruct the authorities in the Police Department to start enforcing the laws as they are posted Page 4 Beaumont City Council June 24, 1985 for a period of six months and get a determination as to the increase in tickets that we have. DIED FOR LACK OF A SECOND. Motion by Mayor Russo, second by Councilman Berg, to direct staff to increase the enforcement of the speed limits within the City of Beaumont within the next sixty (60) day period, and this Resolution be brought back to Council at the end of that period with a report on the number of citations and so forth. AYES: Councilmen Shaw, Berg and Mayor Russo. NOES: Councilman Partain. ABSTAIN: None. ABSENT: Councilman Mitchell. There being no further business to come before the Council, the meeting was adjourned to 5:30 P.M., on Monday, July 1, 1985, in the City Council Chambers, for a budget review meeting. The meeting was adjourned at 10:40 P.M. Respectfully submitted, CIO - CITY CLERK Page 5 BEAUMONT CITY COUNCIL MINUTES OF ADJOURNED MEETING OF JUNE 17, 1985 (Adjourned from June 10, 1985) 1. The Beaumont City Council met in an adjourned meeting at 5:43 P.M., on Monday, June 17, 1985, in the City Council Chambers, with Mayor Russo presiding. 2. On Roll Call the following Council Members were present: Shaw, Berg, Mitchell and Mayor Russo. Let the record show Councilman Partain arrived at 5:45 P.M. 3. Continuation of Review of Preliminary Budget - Fiscal Year 1985 -86. Councilman Mitchell read from a prepared statement which contained numerous questions concerning the handling of the City's finances, and his opinion the City would have a much larger shortfall than projected. A copy of this statement was not given to the City Clerk for the record. It is a matter of record on the tape of this meeting and is available in the City Clerk's office. The Finance Director and City Manager responded to Mr. Mitchell's questions, and this response is also a matter of record on the tape of this meeting. The City Council then proceeded with their review of the proposed budget on a department by department basis. a. City Council - Account 1050: 4030- Dues and Subscriptions was raised to $1,200 based on the City Manager's recommendation. 4035- Travel, Training and Meetings, was raised to $2,000 based on the City Manager's recommendation. 4096- Formerly known as Community Involvement. Title changed to Community Promotion, with the amount raised to $3,000 based on the City Manager's recommendation. Motion by Councilman Mitchell that all Community Involvement Promotion money be placed in the hands of the Executive Department of the City Government, such as the City Manager and his allocated executives. DIED FOR LACK OF A SECOND. b. City Manager - Account 1100: Salaries and benefits was adjusted to $96,660 and $16,541 respec- tively to reflect the correct salary for the City Manager. 4025- Office Supplies, was reduced to $500 based on the City Manager's recommendation. 4030- Dues and Subscriptions, was increased to $500, based on the City Manager's recommendation. 4035- Travel, Training and Meetings, was increased to $2,000 based on the City Manager's recommendation. 4050- Fuel and Oil, was decreased to $800 based on the City Manager's recommendation. 4096- Community Promotion. This account was added to the City Manager budget in the amount of $1,000 based on the City Manager's recommendation. Page 1 Beaumont City Council June 17, 1985 Capital Expenditures - Equipment. A desk top copier was added to the City Manager's budget in the amount of $2,500.00. There was discussion concerning the AC /Heating unit requested in the budget originally set at $1,500. An estimate had been received from Beaumont Heating and Cooling in the amount of $4500 installed. The question was raised as to whether or not this included a new electrical panel to handle the new unit. The $1,500 figure was left in the budget at this time for the AC /Heating unit until this question could be answered and will be returned for further review at the next budget meeting. C. City Clerk - Account 1150: No Changes at this time. d. Finance - Account 1200: No Changes at this time. e. Citv Treasurer - Account 1250: No Changes at this time. f. Citv Attorney - Account 1300: No Changes at this time. g. Planning - Account 1350: Capital Expenditures - Equipment. The word processor and printer (one -half charged to Planning), in the amount of $2,100, was de- leted from the budget. The City Manager was requested to check the current storage system for maps prior to Council decision concerning the roll map file requested. h. Personnel /Purchasing - Account 1400: No Changes at this time. i. General Government - Account 1450: 4096- Community Promotion. This account was added in the amount of $8,000 based on the City Manager's recommendation. There was lengthy discussion conc, reports received by the City. It $10,000 to $15,000 will be needed This item was carried over to the tional information concerning the conjunction with the fumigation. k. Police - Account 2050: arning the termite inspection is estimated an amount of to fumigate the building. next budget session for addi- slab to be installed in 4025- Office Supplies, increased to $6,000 based on the City Manager's recommendation. 4035- Travel, Training and Meetings, increased to $4,500 based on the City Manager's recommendation. 4050- Fuel and Oil, increased to $16,000 based on the City Manager's recommendation. 1. Fire - Account 2100: 4060- Contractual Services, was increased to $212,774 to accom- modate one additional fireman at the Beaumont Station per recommendation of the County Fire Department. Page 2 BEAUMONT CITY COUNCIL MINUTES OF JUNE 10, 1985 The Beaumont City Council met in a regular meeting at 7:35 P.M., on Monday, June 10, 1985, in the City Council Chambers, with Mayor Russo presiding. The Invocation was given by Reverand Richard Ashley. The Pledge of Allegiance to the Flag was led by Councilman Mitchell. On Roll Call the following Council Members were present: Partain, Shaw, Berg, Mitchell and Mayor Russo. 1. ORAL COMMUNICATION: a. Ms. Bonnie L. Kramer, 1401 S. Palm Canyon, Palm Springs, addressed the Council requesting an Environmental Impact Report for Westing- house Service Center. b. Mr. Harrison Toenjes, Palm Springs, California, addressed the Council, asking when the annexation of APN 419- 260 -006 was taken into the City and under what zoning ordinance and what those zoning ordinances comprise of because he cannot find out who is paying the taxes on the Westinghouse owned property. Mayor Russo requested the City Manager to locate that information and furnish it to Mr. Toenjes. C. Mr. Mark Field, 40462 Dutton, Beaumont, addressed the Council stating that he feels the City of Beaumont should decline to have an EIR on the Westinghouse plant, and that Westinghouse is good for Beaumont. d. Mr. John Krodel, 10851 Bellflower, Beaumont, addressed the Council stating he had been to Westinghouse and spoke with Mr. Lee Elder. As a result of his conversation with Mr. Elder, and his own research, he felt an EIR would be a waste of time and money. 2. Appointment of Three Member Board of Directors for Non - Profit Organiza- tion for Financing of Wastewater Treatment Plant #2. (Continued from May 28, 1985). The City Manager reported three applications were received for appoint- ment to this Board of Directors. Mr. Hap Haskell, Mr. Ken Smith and Mr. Daniel Zahner, and recommended these three gentlemen be appointed. Mr. Lyman Burhop, 1162 Pennsylvania, addressed the Council asking when the corporation had been created. He also asked if the creating of this corporation required a 4/5 vote of the Council or a simple majori- ty. Mr. Burhop was advised the corporation has not yet been created. So far as the vote required, the City Attorney will determine whether it requires a 4/5 vote or a simple majority. Mr. Larry Gordon, 1284 Pennsylvania, addressed the Council stating they were indebting this City for a considerable amount of money which there is absolutely no way of recovering other than assessing the users higher fees. Councilman Mitchell requested the following statement be made a part of the record. In the event our new hook -ups do not generate the amount of money that is required, and /or we do not have a residual that has the capacity of meeting the $150,000 a year, it cannot be assessed against the users as such to pay the bonded indebtedness. And then if we are in default the new Board of Directors and /or the officers of the new non - profit corporation will be, by law, required to come to the City Page 1 Beaumont City Council June 10, 1985 and say the deficit must be paid out of the General Fund, not out of the sewer fund. Not out of any other funds. It has to be paid out of the General Fund. So, if we have a shortfall in this of $100,000, and the General Fund has to pay it, the only place that money can come from is from the wages of the employees, from the utilities that we pay, from different services we are giving to the general public. I just want this understood by all people, that before we build a two million dollar plant, in the event we do not have enough new hook -ups it is coming out of the General Fund, and based upon the last figures that I have read, the General fund will have a shortfall this year., Revenue against expenditures, without any increase in wages, there will be a shortfall of almost $220,000. If we take another $100,000 from that, if it has to be, and we lose a hundred and thirty or forty thousand from other revenue, I have a question in mind as to how many people working for the City of Beaumont will work for nothing. Motion by Councilman Berg, second by Councilman Partain, that the City Council name the following individuals, Mr. Hap Haskell, Mr. Ken Smith and Mr. Daniel Zahner, as the Board of Directors of the City of Beaumont Financing Corporation when created. Motion by Councilman Mitchell, second by Councilman Shaw, to amend the main motion that the three individuals named be designated as incorporators for the new corporation to follow legal procedure, and after the legal procedure has been done they can have an organi- zational meeting and name their own officers and Board of Directors. VOTE TAKEN ON AMENDMENT TO MOTION: AYES: Councilmen Shaw and Mitchell. NOES: Councilmen Partain, Berg and Mayor Russo ABSTAIN: None. ABSENT: None. AMENDMENT TO MOTION FAILED. Motion by Councilman Mitchell, second by Councilman Shaw, to amend the main motion that the City Council is allowed to review the applications of the three who requested, and to also see the re- ports and publications asking for volunteers, the legal publication asking for people to come and set on the board. VOTE TAKEN ON AMENDMENT TO MOTION: AYES: Councilmen Shaw and Mitchell. NOES: Councilmen Partain, Berg and Mayor Russo. ABSTAIN: None. ABSENT: None. AMENDMENT TO MOTION FAILED. Motion by Councilman Mitchell to amend the main motion to read that the officers shall be named for the corporation and all phases of the election of the Board of Directors shall be done prior to the legal incorporation DIED FOR LACK OF A SECOND. MAIN MOTION WAS WITHDRAWN BY COUNCILMAN BERG, AND SECOND WAS WITHDRAWN BY COUNCILMAN PARTAIN. Motion by Councilman Mitchell, second by Councilman Shaw, that the three people that were named be named as incorporators to follow through the proper protocol to form a corporation to satisfy the Farmers Home Administration. SECOND WITHDRAWN BY COUNCILMAN SHAW. MOTION DIED FOR LACK OF A SECOND. This agenda item will be brought back to the Council at the regular meeting of June 24, 1985 with a report from the City Manager as to a time frame when they need the Board of Directors, before or after the incorporation is accomplished and all other questions raised. Page 2 3. W 5. 0 7. Beaumont City Council June 10, 1985 Consideration of Revised Contract for J. F. Davidson Associates, (Wastewater Treatment Plant #2). At the request of the City Manager, this agenda item was continued until the regular meeting of June 24, 1985. Consideration of Request from Cherry Festival Association for Waiver of Fees for Encroachment Permit and Inspection. Motion by Councilman Mitchell, second by Councilman Shaw, that the City Council, every year prior to the Cherry Festival, will give an automatic encroachment permit to the parties who are putting on that, to place their signs in the normal places they have always placed them; that this shall be a continuing authorization up to the next election of Council Officers, with a waiver encroachment permit and fees. MOTION WITHDRAWN BY COUNCILMAN MITCHELL AND SECOND WITHDRAWN BY COUNCILMAN SHAW. Motion by Councilman Mitchell, second by Councilman Shaw, to waive all requirements to the Cherry Festival for this year. SECOND WITHDRAWN BY COUNCILMAN SHAW. MOTION DIED FOR LACK OF A SECOND. Motion by Mayor Russo, second by Councilman Berg, to grant the request of the Cherry Festival as submitted. AYES: Councilmen Partain, NOES: None. ABSTAIN: None. ABSENT: None. Shaw, Berg, Mitchell and Mayor Russo. Request from City Manager to Establish Location of the Scout House and Authorization to Negotiate a Lease Agreement for the Property. Motion by Councilman Berg, second by Councilman Shaw, to approve the location of the scout house to be the southeast corner of the inter- section of 8th Street and Maple Avenue, and authorize the City Manager to negotiate a lease agreement for the property. AYES: Councilmen Partain, NOES: Russo. NOES: None. ABSTAIN: None. ABSENT: None. Shaw, Berg, Mitchell and Mayor RESOLUTION NO. 1985 -25 - Pursuant to Chapter 10.04 of the Municipal Code of Beaumont to Designate Parking Zones. Motion by Councilman Partain, second by Councilman Berg, to adopt Resolution No. 1985 -25. AYES: Councilmen Partain, NOES: None. ABSTAIN: Councilman Mitchell. ABSENT: None. CONSENT CALENDAR: Shaw, Berg and Mayor Russo. a. Approval of Minutes of Adjourned Council Meeting of May 22, 1985 and Regular Meeting of May 28, 1985. b. Acceptance of Minutes of Regular Planning Commission Meeting of May 21, 1985. d. Consideration of Adoption of Negative Declaration 85 -ND -7. Applicant: Beaumont Unified School District. Location: South- west Corner of Palm Avenue and 8th Street. Page 3 Beaumont City Council June 10, 1985 e. Request for Extension of Time for Tentative Tract 19303. Applicant: Cherry Valley Acres. Location: Between Cougar Way and Brookside Avenue, east of Beaumont Avenue. f. Request for Budget Adjustment to Purchase Three Ceiling Fans for City Hall. g. Request for Budget Adjustment to Cover Car Rental for Councilman Mitchell at L.O.C.C. Conference in Sacramento. h. Authorization for Mayor to Sign Notice of Completion for First Street Lift Station and Force Main, and Recordation of Same. i. Request for Budget Adjustment for Dog License Forms for Next Fiscal Year. j. Report of Planning Commission Action at Meeting of June 4, 1985. Motion by Councilman Berg, second by Councilman Shaw, to approve the Consent Calendar. Motion by Councilman Mitchell, second by Councilman Shaw, to amend Councilman Berg's motion by removing Consent Calendar Item No. c from the Consent Calendar and consider it separately. VOTE TAKEN ON AMENDMENT TO MOTION: AYES: Councilmen Shaw, Mitchell and Mayor Russo. NOES: Councilmen Partain and Berg. ABSTAIN: None. ABSENT: None. VOTE TAKEN ON MAIN MOTION: AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. 7.c Approval of Payment of Warrants as Audited per Warrant List of June 10, 1985, and Payrolls of May 16 and May 30, 1985. Motion by Councilman Berg, second by Councilman Partain, to approve the payment of Warrants as audited per Warrant List of June 10, 1985 and payrolls of May 16 and May 30, 1985. AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. There being no further business to come before the Council, the meeting was adjourned to 5:30 P.M., on Monday, June 17, for a budget review meeting. Meeting Adjourned at 9:17 P.M. Respectfully submitted, Ire ,6e Joy S eney, City Cle k Page 4 BEAUMONT CITY COUNCIL MINUTES OF MAY 28, 1985 The Beaumont City Council met in a Regular Meeting at 7:38 P.M., on Tuesday, May 28, 1985, in the City Council Chambers, with Mayor Russo presiding. The Invocation was given by Michael Duersch. The Pledge of Allegiance was led by Councilman Partain. On Roll Call. the following Council Members were present: Partain, Shaw, Berg, Mitchell and Mayor Russo. 1. ORAL COMMUNICATION: a. Mr. Cole Jackson, 1280 Beaumont Avenue, addressed the Council concerning an investigation allegedly being undertaken by City staff which appears to be singling out one person for possible citing. He asked if the laws of the City were going to be enforced, they be enforced evenly, not in a biased manner. Councilman Mitchell. stepped down for his chair and addressed the Council from the audience, responding to Mr. Jackson's statements. 2. Appointment of Three Member Board of Directors for Non - Profit Organi- zation for Financing of Wastewater Treatment Plant #2. At the recommendation of the City Manager, this agenda item was continued to the next regular meeting on June 10, 1985. 3. Consideration of Revised Contract with Carl Kadie of Kadie- Jensen & Johnson for Financial. Consultation. Motion by Councilman Berg, second by Councilman Partain, to accept and approve the contract with Kadie - .Jensen & Johnson for financing consulting as defined in their letter of May 9, 1985, and authorize the City Manager to execute the agreement. AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. 4. Report from City Attorney Concerning Legal Aspects of City Ordering Environmental Impact Report for Westinghouse Project. The City Attorney gave an in -depth report concerning the legal aspects of the City ordering an Environmental Impact Report for the Westing- house project. This report and legal opinion of the City Attorney was submitted in writing and is a matter of record in the City Clerk's file. In addition, a complete verbatim transcript of the City Attorney's verbal report and comments, and well as all discussion, has been typed and is available upon request. Motion by Councilman Berg, second by Councilman Partain, to accept the report of the City Attorney. Motion by Councilman Mitchell, second by Councilman Shaw, to amend Councilman Berg's motion that the City Council direct the Planning Director to give a written determination of the occupancy permit re- lative to Code Section 17.50.025 -L -7. Page l Beaumont City Council May 28, 1985 VOTE TAKEN ON AMENDMENT TO MOTION: AYES: Councilmen Partain, Shaw and Mitchell. NOES: Councilmen Berg and Mayor Russo. ABSTAIN: None. ABSENT: None. VOTE TAKEN ON MAIN MOTION: AYES: Councilmen Shaw and Mitchell.. NOES: Councilmen Partain, Berg and Mayor Russo. ABSTAIN: None. ABSENT: None. MAIN MOTION FAILED. Motion by Councilman Berg, second by Councilman Partain, to adopt the recommendation of the City Attorney relative to the request for an environmental impact report on the Westinghouse project. Motion by Councilman Mitchell, second by Councilman Shaw, to instruct the Planning Director to analyze the entire report and give a written report relative to the occupancy question covering Section 17.50.025 - L-7 that this either does or does not meet to his satisfaction, with the written report to be given to the City Manager. VOTE TAKEN ON AMENDMENT TO MOTION: AYES: Councilmen Partain, Russo. NOES: None. ABSTAIN: None. ABSENT: None. VOTE TAKEN ON MAIN MOTION: AYES: Councilmen Partain, Russo. NOES: None. ABSTAIN: None. ABSENT: None. MOTION CARRIED AS AMENDED. Shaw, Berg, Mitchell and Mayor Shaw, Berg, Mitchell and Mayor 5. Request of Mayor Russo that the Previous Action of the City Council with Reference to Agenda Item No. 9 in the Meeting of May 13, 1985, be Rescinded and Expunged from the Minutes. Mayor Russo stated that based upon the decision of the previous agenda item he would withdraw his request at this time. 6. Request from Attorney Daniel Zahner, representing Valley Mobile Home Owners and Renters Association, to Convene a Hearing as Provided for in Ordinance No. 602 to Address the Grievances of the Association. Motion by Councilman Berg, second by Councilman Partain, to appoint Inland Mediation Board as the approved list of mediators for the park committee and for the rent review commission pursuant to Ordin- ance No. 602. AYES: Councilmen Partain, Russo. NOES: None. ABSTAIN: None. ABSENT: None. Shaw, Berg, Mitchell and Mayor 7. ORDINANCE NO. 616 - FIRST READING - Amending Chapter 16.40 of the Municipal Code of Beaumont, To Add Section 16.40.110 Pertaining to Soils Reports for Subdivision Maps. Page 2 Beaumont City Council May 28, 1985 The concensus of the Council was to refer Ordinance No. 616 back to staff because of questions raised in study session. 8. CONSENT CALENDAR: a. Approval of Minutes of Regular Meeting of May 13, 1985, Special Meeting of May 11, 1985 and Special Meeting of May 15, 1985. b. Acceptance of Minutes of Regular Planning Commission Meeting of May 7, 1985. C. Approval of Payment of Warrants as audited per Warrant List of May 28, 1985, in the amount of $128,699.72; and Payroll of May 10, 1985, in the amount of $30,058.73. d. Authorization for City Manager to Sign Application for 1985 -86 Title III Funding (Older American Act Grant). e. Consideration of Adoption of Negative Declaration 85 -ND -4 for Proposed Metal Building for Furniture Storage. Applicant: Beaumont Transfer and Storage. Location: 675 American Avenue. f. Consideration of Adoption of Negative Declaration 85 -ND -5 for Proposed Theater and Retail Buildings. Applicant: Shan V. Sayles. Location: 1499 E. 6th Street. g. Consideration of Adoption of Negative Declaration 85 -ND -6 for Fire Hydrant Repair and Replacement. Applicant: City of Beaumont. Location: City -Wide. h. Request for Budget Adjustment for Portable Computer System Desk for Police Department. i. Request for Budget Adjustment for Purchase of Carbide Edged Grader Blades and Skip Loader Bucket Blades. j. RESOLUTION NO. 1985 -24 - Setting Forth an Appropriations Limit for 1985 -86 Consistent with Article XIII B of the California Constitution and Giving Notice of Availability of Information Supporting Said Determination. k. Request for Certification of Population Estimate for January 1, 1985. 1. Authorization for Officers Acosta and Cunningham to Attend Identi -Kit Training Course Out of the Area. M. Report of Planning Commission Action at Meeting of May 21, 1985. Motion by Councilman Berg, second by Councilman Shaw, to approve Consent Calendar Items "a" through "m ". AYES: Councilmen Partain, NOES: Councilman Mitchell.. ABSTAIN: None. ABSENT: None. Shaw, Berg and Mayor Russo. 9. Consideration of Assignment of Sewer Service Agreement from Highland Springs Park, Ltd. to MuniciCorp of California. Motion by Councilman Berg, second by Councilman Shaw, to authorize the Mayor to sign the letter acknowledging the City's consent to Highland Springs' assignment of the delineated right, title and interest to MuniciCorp of California. AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. Page 3 Be. nont City Council May 28, 1985 There being no further business to come before the Council, the meeting was adjourned at 9:27 P.M. Respectfully submitted, -CITJ CLER Page 4 BEAUMONT CITY COUNCIL MINUTES OF ADJOURNED MEETING OF MAY 22, 1985 (Adjourned from May 13, 1985) The Beaumont City Council met in an Adjourned Meeting at 5:39 P.M., on Wednesday, May 22, 1985, in the City Manager's Conference Room, with Mayor Russo presiding. On Roll Call the following Council Members were present: Partain, Mitchell and Mayor Russo. The meeting was adjourned to the City Council Chambers at 5:40 P.M., as it was anticipated members of the public would be attending the review of the budget. Let the record show Council Member Berg arrived at 5:40 P.M., and Council Member Shaw arrived at 5:55 P.M. I. Review of 1985 -86 Preliminary Budget. The City Council received a report from the Finance Director per- taining to the preliminary budget. The proposed budget was then reviewed department by department: a. City Council: No questions. b. City Manager: The City Manager salary was corrected to re- flect $37,000.00. Further information was requested concerning the AC /Heating Unit. C. City Clerk: No questions. d. Finance Department: The Council discussed and received informa- tion concerning the need for the capital expenditures included in this budget. No further questions. e. City Treasurer: No questions. f. City Attorney: After discussion of this budget, the City Manager was requested to submit a report to the City Council giving his analysis of City Attorney and other legal services, as well as a report concerning pending litigation and the status of each. g. Planning Department: Justification of capital expenditures budgeted was requested. h. Personnel /Purchasing: The Personnel /Purchasing Officer answered questions concerning his budget. No further questions or justi- fication requested. Mayor Russo was excused at 6:50 with Mayor Pro Tem Berg presiding until his return to his chair at 6:51 P.M. i. General Government: It was pointed out additional money would be required in this budget for termite control at City Hall, and that the Chamber of Commerce had requested an additional $8,000 for promotional mailing. Councilman Mitchell made the comment the funding for the Chamber of Commerce should be on a budget line item basis. It was the concensus of the Council that a second termite inspection of the City Hall building should be obtained. The Council also requested a breakdown of liability insurance department by department when that information is available. A project list of the proposed revenue sharing /handicap program in the amount of $5,000.00 was requested. Page 1 L umont City Council May 22, 1985 j. Police Department: There was lengthy discussion concerning this budget. The City Manager was requested to analyze the budget and options available to the City. k. Fire Department: A letter from the Riverside County Fire Depart- ment requested the City to contemplate increasing the contract to cover one additional firefighter for Station 66. I. Building Inspector: The two -way radio was deleted from the budget at this point. M. Business License /Animal Control: It was the concensus of the Council the City Manager should study the possible restructuring or reorganization of this department. The Finance Director was also asked to work toward entering the business license and animal licensing into the computer. n. Engineering Department: Councilman Berg requested the funding for an Assistant Civil Engineer be deleted. There was lengthy discussion concerning the justification for funding the Grants Account Clerk in this department, as well as being funded by Public Works and Sewer Service. A survey of the responsibilities and work performed by this position was recommended. Additionally, it was determined further justification was needed on all the capital expenditure items, in particular the circu- lation element and traffic study, and the word processor. The Council requested they be provided with all documentation justifying the circulation element and traffic study. It was pointed out that if the word processor was removed from the engineering department, it would also have to be removed from the planning department budget, as it is funded one -half, by each department. Councilman Berg stated he would be in favor of deleting the word processor from both budgets. It was deter- mined that further justification was needed before a final decision is made concerning this budget item. o. Public Works: Further justification was requested on all the capital expenditure items, as well as the duties being performed by the Grants Account Clerk. p. Street Maintenance: Questions from the Council concerning this budget were answered. Clarification of contractual services was requested. q. Street Lighting: No questions. r. Sewer Service: Justification of the equipment budgeted under capital expenditures was requested. The IBM computer budgeted was justified by the Finance Director. S. Sanitation: No questions. t. Sewer Construction: The construction of Wastewater Treatment Plant #2 was discussed. There were no other questions or justification required. U. V. L &W Vehicle Maintenance: Justification for the $15,000 budgeted for a 1/2 ton pickup truck was requested. Parks: Justification for the capital expenditures budgeted was requested. Senior Center: Questions were answered, with no further justification required. Page 2 BEAUMONT CITY COUNCIL MINUTES OF SPECIAL MEETING OF MAY 15, 1985 The Beaumont City Council met in a Special Meeting at 8:03 P.M., Wednes- day, May 15, 1985, in the City Council Chambers, with Mayor Russo presiding. On Roll Call the following Council Members were present: Partain, Shaw, Berg, Mitchell and Mayor Russo. 1. Motion for Reconsideration of Agenda Item No. 9, City Council Meeting of May 13, 1985 (Request from Citizens Group Asking City Council to Order Environmental Impact Report from Westing- house Facility). Motion by Mayor Russo, second by Councilman Berg, to reconsider the vote by which the motion was carried. Councilman Mitchell referred to Robert's Rules of Order, Page 266, quoting as follows: "The motion to reconsider can be made only on the same day the vote to be reconsidered was taken. In a con- vention or session of more than one day, the reconsideration can be moved only on the same or the next succeeding day after the original vote was taken ". He then stated that under Robert's Rules of Order, this motion cannot be heard. There followed a discussion between Councilman Mitchell and the City Attorney concerning the interpretation of the particular section of Robert's Rules. It was determined Councilman Mitchell was using the 1981 edition of Robert's Rules, and the City Attorney has been using the 1979 edition, and there is a difference in language between the two editions. A ten minute recess was called by Mayor Russo to allow the City Attorney time to review the question that had been raised as to which edition the City adopted. The meeting was reconvened by Mayor Russo, who then asked the City Attorney to address a clarification of this evening's meeting, and also the motion that was originally made on Monday, May 13. City Attorney: Gentlemen, the determination is that the request for reconsideration, made as a result of consultation with our office and others, - we have determined that it should have been made in accordance with the newly revised Robert's Rules of Order, which were in effect at the time the Council adopted Robert's Rules of Order. They will be the governing rules as written for Page 1 Beaumont City Council May 15, 1985 this body, and, therefore, the motion - request for reconsideration was not timely made. Secondly, there has been a point of clarification requested as to the motion that was made Monday night, and obviously there has been some need for clarification on that. Therefore, I would like to read the following statement which clarifies, without changing, the motion that was made Monday. The motion entailed two necessary steps in implementing a study of an environmental impact report on the Westinghouse project. Step One: To determine the legality of the City acting at this time in requiring an environmental impact report. That deter- mination is to be made by the City Attorney. Step Two: The determination as to the appropriateness and necessity of an environmental impact report, which determination is to be made as a result of adequate investigation by City staff. This then leaves a third step still to be taken, which is an order by this City Council directing that a full, subsequent or tiered environmental impact report be performed and funded if it is found to be legal, appropriate and necessary. Mayor Russo then made the announcement that the City Council cannot reconsider this item this evening, therefore, no vote is necessary at this time. There being no further business to come before the Council, the meeting was adjourned at 8:59 P.M. Respectfully subrrylT-�ed, Ir ne J y e VS w eney, C ty Cl k Page 2 BEAUMONT CITY COUNCIL MINUTES OF MAY 13, 1985 The Beaumont City Council met in a regular meeting at 7:35 P.M., Monday, May 13, 1985, in the City Council Chambers, with Mayor Russo presiding. The Invocation was given by Reverand George Bedlian, Calvery Baptist Church. The Pledge of Allegiance to the Flag was led by Councilman Shaw. On Roll Call the following Council Members were present: Partain, Shaw, Berg, Mitchell and Mayor Russo. 1. a go ORAL COMMUNICATION: a. Mr. Daniel Zahner addressed the Council concerning.the Chamber of Commerce meeting pertaining to the merchants involved in what may be enforcement of ordinances of the City. He then requested the City Council to refer this matter back to staff for a re- analysis of all alternatives that might be available. b. Mr. Jefferson Craig, 551 E. Barbour, Banning, addressed the Council regarding the hiring of the new City Manager. Report from Kadie- Jensen & Johnson re: Financing for Wastewater Treatment Plant #2. Mr. Carl Kadie presented an oral report to the City Council con- cerning an application filed with Farmers Home Administration, in addition to the written report contained in the agenda packet. The City Attorney requested that it be made part of the record that litigation was submitted - the hearing was held on the 18th of December, 1984. The litigation was submitted to Judge David Hennigan for his decision, and we are now approximately 145 days past that hearing with no decision rendered. Motion by Councilman Mitchell, second by Councilman Berg, to accept the report from Kadie- Jensen & Johnson and direct that they pro- ceed to the extent that they can at this present time, and then put it on ice until such time the City can determine when they can build. AYES: Councilmen Partain, Russo. NOES: None. ABSTAIN: None. ABSENT: None. Out of Sequence. Shaw, Berg, Mitchell and Mayor PUBLIC HEARING - 8:00 P.M. - Abatement of Enclosed Structure Behind Business Located at 680 Beaumont Avenue. (Mr. James Hayes, Beaumont Yamaha Kawasaki). The Public Hearing was opened at 8:03 P.M. Mayor Russo: Mr. Hayes, are you here this evening, are you ready to address this issue - or your representative. For the record would you please give your name and address. Mr. Jim Hayes, 680 Beaumont Avenue: Honorable Mayor Russo and Members of the City Council. I requested this hearing because of the letter I received from the Acting City Manager, Michael Duersch, concerning the enclosure behind my business located at 680 Beaumont Page 1 Beaumont City Council May 13, 1985 Avenue. In July of 1981 I obtained a permit from the City of Beau- mont to build this carport over a fenced in area at the rear of my business. Because the vandels climbed over the fence I installed metal siding inside the fence. A complaint was filed by Mrs. Patricia Renna who, with her husband, operated a business next door to mine. I filed all the necessary paperwork and paid the fees required to obtain a permit for the enclosed portion. I had, and still have, full written permission from Mrs. Anna Walls, owner of the property. On January 25, 1982, the City Council granted a modification permitting me to continue in business until I could relocate since there did not seem to be a hardship caused by the enclosure behind the business, as stated in the minute order. It permitted the enclosed structure to stand for eighteen months. I told the City Council I was looking for a larger building to relo- cate in. Shortly after that the Rennas moved their business to 6th Street, and Mrs. Wall asked if I would be interested in leasing that vacant portion of her building. I said yes, and it more than doubled my floor space. When the eighteen months were up, last year, I went over to the City Building Department and asked about obtaining a permit on the enclosure. I was told by an employee, who pulled out my file, that I already had a permit, and nothing more was required. I ask the City Council to consider that the enclosure is not causing a hardship on anyone. It is on private property, and the property owner desires it to remain also. The original person who complained about it has moved to another location. I have still over three years on the lease of the building and to remove the siding from the carport would create a hardship on my business. I need a larger, more suitable building, but one has not become available in Beaumont at this time. I do not want to leave Beaumont. Beaumont has been good to me and I think my.business has been good to Beaumont. I draw customers from all over the Inland Empire and further. My customers also stop at other businesses in town, such as restaurants. If I find myself in the position of having to move my business, Mrs. Wall, owner of the property, might have a hard time finding another business to occupy the four stores I now occupy. She is a widow and relies heavily on the income she receives from the building. I ask the City Council to consider that forcing me to remove the enclosure that is not causing hardship to anyone might be more costly to the City in lost revenue then lett_�*g it remain. If more fees are required for a permit I will gladly pay them. I would like this matter to be settled once and for all. I thank you for your time and consideration of this matter. Mayor Russo: Thank you. Questions please. Councilman Mitchell: I want to straighten one thing out Mr. Hayes. I did not bring this. This was a minute order that was brought in. You have certain problems, you are crowded there. I don't question that. I do not feel that it would be conscionable for you to have to remove the building, but there are many areas in that back end where you could work it out and so a truck, when it drives in, would have exit out from your property. By moving your trash con- tainer, and maybe moving some of your bikes, to allow them - not to force them to back into the street. Back into 7th Street, which is a very, very dangerous thing. Now it would be rather easy to move and change your trash bin and carry it. There are times when some of your employees even throw crates and boxes and parts with nails in them into the alley. The alley was covered with almost two and a half to three feet of crates that you had taken your bikes out of, and I realize that is on the part of an employee, and cannot always be controlled. But to not be able to drive through and have trucks serving both you and the restaurant having to back into the 7th Street is a very dangerous thing Mr. Hayes. Is there any- way that you could maintain and hold a place that they could drive Page 2 Bewamont City Council May 13, 1985 through during the day. Mr. Hayes: In answer to your question, Mr. Mitchell, a lot of people in town come down and they pick up the boards - the wood, these crates these bikes come in. They come in and I do leave them out occasionally, I do leave them out for the people rather than haul them down to the dump. Councilman Mitchell: I am not criticizing that, Mr. Hayes, some of your boys toss it out too far. Just tell them to keep it in a place where it isn't in the road. Mr. Hayes: I realize that has happened. Councilman Mitchell: Yeah, and it happens to me - it happens to everybody. Sometimes you get help that aren't too careful. So what I am asking is if there is way we can keep a lane open so the large delivery trucks can go on through, and then they can go out . . . Mr. Hayes: I see no problem at all with that. Councilman Mitchell: If you can handle that I would be opposed to having to remove that shed because, as a carport - you are using it for parking, you are parking a lot of vehicles there which is your parking lot, I realize this. And this is not the point, to jeopardize you, but it is a point to eliminate a safety factor of having people - trucks back into 7th Street. I have seen some close ones there a few times. Would that be - do you think you can handle that. Mr. Hayes: I think that can be handled very easily. Councilman Mitchell: Does anybody else have a question. Councilman Shaw: You are asking for an egress. Councilman Mitchell: Just so the trucks can on through instead of backing back out into 7th Street. Mr. Hayes: There is no problem there. Councilman Mitchell: And then if we do it that way we would have to work out something to comply with the code and say that we are making a waiver on this - or maybe charge him a minimal condition- al use consideration on a year to year basis to see if you comply. Now that is just my thinking. It is up to the other gentlemen to see what they think. Mayor Russo: Any questions gentlemen. Any comments you would like to make. Councilman Shaw: I would like to see an egress too in the event that you did have a fire in that area, you know, you could get some of your stuff out of there without a complete loss. Mayor Russo: Okay, gentlemen, what I am hearing now is that there is not a major problem with the building which we asked for abate- ment on originally, so, in order to clarify this for Mr. Hayes once and for all, as he has requested, I think we would entertain a motion when we close the hearing. So I want you to consider that point at this time. Now, is there anyone else that would like to address in favor of or opposed to this action of the abatement of this building. Thank you Mr. Hayes. Councilman Mitchell: Mr. Hayes, I hope you stick around. There is another item coming up on Item 12. Mr. Hayes: Yes sir. I will be here. Page 3 Beaumont City Council May 13, 1985 Councilman Mitchell: Just so you didn't happen to leave, because it does concern some of us. Mayor Russo: We need to back up here for a moment. Let the record show the hearing did start at 8:03. Hearing no other comments for or against the issue, we will close the hearing at 8:12 P.M. Motion by Councilman Mitchell, second by Councilman Shaw, that the Building Director contact Mr. Hayes to make the arrangements for him to open ingress and egress for trucks, and that he work out a compatible arrangement for a conditional use to carry over from year to year subject to inspection relative to compliance with the law. AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. 3. Request from Mr. Steven Putric for Refund of Sewer Connection Fee. Motion by Councilman Shaw, second by Councilman Berg, to refund the sewer connection fee to Mr. Steven Putric. Motion by Councilman Mitchell, second by Councilman Partain, to amend Councilman Shaw's motion that this matter be referred to the Building Director to make a determination as to what change he believes should be in the ordinance and to pass that infor- mation along to Mr. Ryskamp. VOTE TAKEN ON AMENDMENT TO MOTION: AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. MOTION CARRIED AS AMENDED. 4. RESOLUTION NO. 1985 -20 - Approval of Final Map for Tract 20539. Motion by Councilman Mitchell, second by Councilman Berg, to adopt Resolution No. 1985 -20. AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. 5. RESOLUTION NO. 1985 -21 - Designating a No Parking Zone on State Highway 79 between the Southern Pacific Railroad and Fifth Street. Motion by Councilman Mitchell, second by Councilman Shaw, to adopt Resolution No. 1985 -21. AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. Page 4 Beaumont City Council May 13, 1985 6. Clarification of Motion Accepting Low Bid for Materials Storage Building. Motion by Councilman Berg, second by Councilman Mitchell, to accept the low bid of Tri -City Construction, Inc. in the amount of $18,500; approve budget adjustment from Account 3100 -4050 to Account 3100 -6030 in the amount of $500.00 and budget adjustment from Account 4050 -6040 to Account 4050 -6030 in the amount of $500.00; and authorizing the execution of the agreement for Project PW -8412 by the City Manager, the foregoing motion to be a clarification of a prior motion by the Council. AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. 7. Presentation of Preliminary 1985 -86 Budget. The Finance Director presented the preliminary 1985 -86 budget to the City Council stating it was hoped the budget could be adopted prior to the end of this fiscal year, which would be June 30, 1985. The issue of setting a date for budget hearings will be discussed at the end of this meeting. 9. Request from Citizens Group Asking City Council to Order Environ- mental Impact Report for Westinghouse Facility. Let the record show a complete verbatim transcript of public input and Council discussion has been typed separately from these minutes. This transcript is available in the City Clerk's office. Motion by Councilman Mitchell, second by Councilman Shaw, that the City Council make effort to implement an environmental impact report with the City Attorney to return with a definite plan of implementation legally. AYES: Councilmen Partain, NOES: Councilman Berg. ABSTAIN: None. ABSENT: None. Shaw, Mitchell and Mayor Russo. 15. The meeting was adjourned to closed session to consider personnel matters pursuant to Government Code Section 54957 and to discuss pending litigation pursuant to Government Code Section 54956.9(a). Title of said litigation, Davis vs City of Beaumont, et al., Riverside Superior Court 170348 at 9:45 P.M. The meeting was reconvened to regular session at 9:58 P.M. Let the record show that no definitive action was taken in closed session in regard to either the personnel matters or the litiga- tion matter. 16. RESOLUTION NO. 1985 -23 - Hiring Robert Bounds as City Manager. The resolution was read in its entirety by the City Clerk Motion by Councilman Mitchell, second by Councilman Berg, to adopt Resolution No. 1985 -23. AYES: Councilmen Partain, Russo. NOES: None. ABSTAIN: None. ABSENT: None. Shaw, Berg, Mitchell and Mayor Page 5 Be mont City Council May 13, 1985 10. Request from Councilman Mitchell for Consideration of Annexation of Sewer Plant Properties to the Beaumont - Cherry Valley Water District and Potential Trade Off with Water District. Motion by Councilman Partain, second by Councilman Shaw, to approve annexation of the sewer plant properties to the Beaumont - Cherry Valley Water District subject to the agreement between the City of Beaumont and Beaumont - Cherry Valley Water District, as drawn up by the Water District, being approved by the City Attorney. AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. 11. Request from Mayor Russo for Reconsideration of Tabled Agenda Item Relative to Beaumont Sphere of Influence. Motion by Mayor Russo, second by Councilman Berg, to maintain Cherry Valley in the Beaumont Sphere of Influence, and to present such action of the Council in the form of writing to LAFCO. AYES: Councilmen Partain, Berg and Mayor Russo. NOES: Councilmen Shaw and Mitchell. ABSTAIN: None. ABSENT: None. 12. Request from Councilman Mitchell for Discussion Regarding Title 17 of the Beaumont Municipal Code and to Clarify and Modify Conflict- ing Interpretations. Councilman Mitchell read from a prepared statement concerning this agenda item. A copy of this statement was not provided to the City Clerk for the record. Motion by Councilman Berg, second by Councilman Shaw, to direct staff have the Planning Director look at Title 17 in regards to the specific issues Mr. Mitchell raised and to make recommenda- tion for modifications to the existing ordinance. AYES: Councilmen Partain, Russo. NOES: None. ABSTAIN: None. ABSENT: None. Shaw, Berg, Mitchell and Mayor 13. Report Concerning Use of 11th Year CDBG Entitlement Funds for Year 1985 -86. Motion by Councilman Berg, second by Councilman Shaw, to accept the Park Master Plan as an alternate proposal for the 11th Year Entitlement Funds. AYES: Councilmen Partain, NOES: None. ABSTAIN: None. ABSENT: Councilman Mitchell Shaw, Berg and Mayor Russo. Let the record show Councilman Mitchell was excused from his chair at 10:43 P.M. 14. CONSENT CALENDAR: a. Approval of Minutes of Regular Council Meeting of April 22, 1985 Special Meeting of April 26, 1985, and Special Meeting of May 6, 1985. b. Acceptance of Minutes of Regular Planning Commission Meeting of April 2, 1985. C. Approval of Payment of Warrants as audited per Warrant List of May 13, 1985, in the amount of $139,919.34; and Payroll of Page 6 14.f Beaumont City Council May 13, 1985 April 26, 1985, in the amount of $30,360.69. d. RESOLUTION NO. 1985 -19 - To Designate Parking Zones and Res- cinding Resolution 1974 -18 to Change and Prescribe Certain Additional No Parking, Limited Time Parking and Freight and Passenger Loading Zone to Promote the Public Safety and Welfare. e. RESOLUTION NO. 1985 -22 - Ordering the Annexation of Territory Known as Beaumont 84- ANX -4 -36 and as LAFCO No. 85 -14 -3 to the City of Beaumont Without Notice of Hearing. (Hemsley- Mariana, Sunnyslope and Cougar Way). h. Request for Budget Adjustment to Cover Costs for Repair of Water Line at Pistol Range. i. Request for Budget Adjustment for Maintenance to Purchase Transit Vehicle Tires and Replacement of Third Member Housing for Vehicle 2804. j. Request for Budget Adjustment for Participation in Construction Cost of Cherry Avenue Storm Drain. k. Acceptance of Audit Report for Special Gas Tax Improvements Funds as of June 30, 1985. 1. Report of Planning Commission Action at Meeting of May 7, 1985. Motion by Councilman Shaw, second by Councilman Berg, to approve the Consent Calendar Items a -e and h -1, with Items f and g to be heard separately. AYES: Councilmen Partain, Shaw, Berg and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: Councilman Mitchell. Authorization for Mayor to Sign Notice of Completion for Project PW -3803 (Pennsylvania Avenue) and Recordation of Same. 14.g Authorization for Mayor to Sign Notice of Completion for Project PW -8304 (6th Street Median Improvements); Approval of Budget Adjustment for Same; and Authorization for Recordation. Motion by Councilman Berg, second by Councilman Partain, to approve Items f and g from the Consent Calendar with a waiver of the thirty five day waiting period. AYES: Councilmen Partain, Shaw, Berg and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: Councilman Mitchell. 18. Set Date for Budget Hearings. The Date of Wednesday, May 22, 1985, at 5:30 P.M., was set to commence budget review. There being no further business to come before the Council, the meeting was adjourned to 5:30 P.M., on May 22, 1985, in the City Manager's Conference Room. The meeting was adjourned at 10:58 P.M. Respectfully submitted, Y CLE Page 7 BEAUMONT CITY COUNCIL MINUTES OF SPECIAL MEETING OF MAY 11, 1985 The Beaumont City Council met in a Special Meeting at 7:02 A.M., Saturday, May 11, 1985, in the City Manager's Conference Room, with Mayor Russo presiding. On Roll Call the following Council Members were present: Partain, Shaw, Berg, Mitchell and Mayor Russo. 1. The meeting was adjourned to Closed Session at 7:03 A.M., for dis- cussion of personnel matters pursuant to Government Code Section 54957. 2. The meeting was reconvened to regular session at 8:41 A.M. 3. Let the Record Show Action Taken in Closed Session: No definitive action was taken.in closed session. There was dis- cussion relative to the engineering department. The department operations have been reviewed and there has been direction given to the City Manager to identify the problems in that department, and to implement priorities in the engineering and public works department with a report to be returned to the City Council. These priorities will include, but not be limited to: 1. Plan Checks. 2. Public Works Maintenance Scheduling, which will include: a) tree maintenance; b) street maintenance; c) weed abatement in both streets and public right -of -ways; d) sidewalk maintenance. Let the record further show The City Council received a report from the City Manager concerning City Manager candidates. 4. Direction Concerning Engineering and Public Works Department. Motion by Mayor Russo, second by Councilman Berg, that relative to discussion in closed session, the City Manager be directed to iden- tify problems in the engineering and public works departments and that he address those items and implement a program of priorities to be used by those two departments, to include, but not be limited to, plan checks, public works maintenance schedule for trees, streets, weed abatement and sidewalks. Page 1 5. AYES: Councilmen NOES: Councilmen ABSTAIN: None. ABSENT: None. Beaumont City Council May 11, 1985 Partain, Berg and Mayor Russo. Shaw and Mitchell. Councilman Mitchell requested that the record show his position was completely against the decision to handle the engineering matter in this manner. Mayor Russo requested that the record show that, at this point in time, after reviewing and discussing the complaints and con- cerns about the engineering department, and receiving a report from the City Manager, there has been some indication that ad- ministratively we have not allowed that department to run, and we have not, in the past, given direction concerning responsibi- lities relating to that department. The City Council will allow the City Engineer to address the problems and work with the City Manager to come up with solutions to the problems, and handle it in such a manner that the Council will receive progress reports on a monthly basis. If no progress is noted, it will be brought back to the City Council for further review. City Manager Applications. Motion by Councilman Mitchell, second by Councilman Shaw, that the Council be allowed to see the applications that were screened out inasmuch as the majority of the finalists were of a higher range than authorized and many have dropped out, and at present the Council only have two candidates to interview, and they should have the opportunity to interview those who were screened out in deference to the taxpayers. AYES: Councilmen Shaw and Mitchell. NOES: Councilmen Partain, Berg and Mayor Russo. ABSTAIN: None. ABSENT: None. MOTION FAILED. Motion by Councilman Berg, second by Councilman Partain, to go ahead and look at the three remaining candidates and if they are not acceptable, then ask the City Manager to reconvene the screening board and select more candidates. After further discussion, the motion and second were WITHDRAWN by Councilman Berg and Partain respectively. The meeting was recessed at 9:10 A.M., reconvening at 9:15 A.M. Motion by Councilman Mitchell, second by Councilman Shaw, that there shall be a four - fifths (4/5) majority vote of the Council to hire a City Manager. Page 2 Beaumont .City Council May 11, 1985 AYES: Councilmen Shaw and Mitchell. NOES: Councilmen Partain, Berg and Mayor Russo. ABSTAIN: None. ABSENT: None. MOTION FAILED. The meeting was adjourned to 10:45 A.M. for the first scheduled interview of a City Manager candidate. The meeting was reconvened at 11 :00 A.M. Let the record show Councilmen Mitchell and Shaw have not yet arrived. The meeting adjourned to Closed Session for personnel matters pur- suant to Government Code Section 54957 at 11:00 A.M. Let the record show Councilman Mitchell arrived at 11 :01.2 and Councilman Shaw arrived at 11 :02 A.M. The meeting reconvened to regular session at 12:45 P.M. Let the Record Show Action Taken in Closed Session: The City Council interviewed two candidates for the City Manager position and discussed the qualifications of the applicants. 6. Hiring of City Manager. Motion by Councilman Mitchell, second by Councilman Shaw, to hire Mr. Robert J. Bounds as City Manager to report to duty as early as possible, at the salary range of $37,000 per year plus any basic benefits as has been past practice, with Mr. Bounds serving at the pleasure of the City Council under Ordinance 363. AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. There being no further business to come before the Council, the meeting was adjourned at 1:53 P.M. R_gsKctfully submitted, ty City Clerk Page 3 BEAUMONT CITY COUNCIL MINUTES OF SPECIAL MEETING OF MAY 6, 1985 1. The Beaumont City Council met in a Special Meeting at 5:31 P.M., on Monday, May 6, 1985, in the City Manager's Conference Room, with Mayor Russo presiding. 2. On Roll Call the following Council Members were present: Partain, Shaw, Mitchell and Mayor Russo. Councilman Berg was excused. 3. The meeting was adjourned to Executive Session to consider personnel matters pursuant to Government Code Section 54957 at 5:32 P.M. 4. The meeting was reconvened to Regular Session at 7:03 P.M. 5. Let the Record Show Action Taken in Executive Session: No definitive action was taken in Executive Session. There was discussion relative to personnel matters in the Engineering Depart- ment, and discussion regarding adjourning.this meeting to Saturday, May 11. There was also discussion relative to City Manager candidate finalists and the possibility of paying their transportation costs. 6. Consideration of Paying Transportation Costs for City Manager Candidate Finalists. Motion by Councilman Partain, second by Councilman Shaw, to pay one -half of the air fare costs for the five individuals who would have to fly to Beaumont for their interviews. AYES: Councilmen Partain and Mayor Russo. NOES: Councilmen Shaw and Mitchell. ABSTAIN: None. ABSENT: Councilman Berg. MOTION FAILED. Councilman Partain stated if necessary he would pay one -half of the air fare for the candidates. The Acting City Manager was directed to notify the candidates that they are finalists and the City Council wished to conduct oral interviews on Saturday, May 11, 1985. There being no further business to come before the Council, the meeting was adjourned at 7:24 P.M. Respectfully submitted, A- eputy City Clerk BEAUMONT CITY COUNCIL MINUTES OF SPECIAL MEETING OF APRIL 26, 1985 1. The Beaumont City Council met in a Special Meeting at 5:36 P.M., on Friday, April 26, 1985, with Mayor Pro Tem Berg presiding. 2. On Roll Call the following Council Members were present: Partain, Shaw, Mitchell and Mayor Pro Tem Berg. Let the record show Mayor Russo arrived at 5:37 P.M., and presided at the meeting from that time on. 3. The meeting was adjourned to Executive Session to consider personnel matters pursuant to Government Code Section 54957 at 5:37 P.M. 4. The meeting was reconvened to Regular Session at 6:14 P.M. 5. Let the record show action taken in Executive Session: The personnel matter relative to the Engineering Department has been referred to the Acting City Manager for review and report. Any interested party is requested to contact the Acting City Manager relative to any information they may have. Said matter will be brought back to the Council on May 6, 1985, at 5:30 P.M. 6. The meeting was again adjourned to Executive Session for a committee report relative to labor negotiations pursuant to Government Code Section 54957.6 at 6:20 P.M. Let the record show the Mayor and City Council were not aware that personnel negotiations were not included as part of the personnel statute under Code Section 54957, that Code Section 54957.6 should also have been referenced. As a result there was no posting or notice of labor negotiations pursuant to Government Code Section 54957.6, but there was intent to discuss this matter. The notice should have included the second topic in Executive Session would be a committee report regarding personnel negotiations pursuant to Government Code Section 54957.6. 7. The meeting was reconvened to regular session at 6:43 P.M. 8. Let the record show no definitive action was taken relative to labor negot iat ions. This having concluded the purpose of the Special Meeting, the meeting was adjourned at 6:44 P.M. Res ctfully submitted, Q D uty City Clerk BEAUMONT CITY COUNCIL MINUTES OF APRIL 22, 1985 The Beaumont City Council met in a regular meeting at 7:35 P.M., Monday, April 22, 1985, in the City Council Chambers, with Mayor Russo presiding. The Invocation was given by Reverand John Hall. The Pledge of Allegiance to the Flag was led by Councilman Mitchell. On Roll Call the following Council Members were present: Partain, Shaw, Berg, Mitchell and Mayor Russo. 1. ORAL COMMUNICATION: a. The City Clerk stated she was in receipt of correspondence from Dollie Irwin of which each Councilman has a copy, and this correspondence had been accepted as part of the record. b. Mr. Harold Blackaby, 662 Maple Avenue addressed the Council asking Mayor Russo and Councilman Berg to clarify statements which were attributed to them by the news media relative to the Westinghouse public hearings. These statements both indi- cated that at the time the public hearings were held there was no one in the City who appeared to protest. Mr. Blackaby wished to emphasize that he spoke loudly in protest at both public hearings before the Planning Commission and City Council. He then requested the Council to reconsider what has taken place in the past and required an Environmental Impact Report for Westinghouse. C. Ms. Barbara Lynn Peters, of Cabazon, addressed the Council stating she was concerned about the safety of all children in the Pass area if the Westinghouse plant opens. She feels our water may be contaminated and our air may be contaminated, and our children's health is more important than any benefits that we may realize from the Westinghouse plant. She then asked that an Environmental Impact Report be prepared. d. Valerie Monroe, 666 California Avenue, addressed the Council also requesting that an EIR be prepared for Westinghouse. She further stated she did not see a problem in having the EIR done as it just should have naturally happened. e. Mr. Albert Hershey, 149 East 3rd Street, addressed the Council, concerning the City Engineer asking why it takes so long to get something done when there is nothing happening in Beaumont. He wanted to know why it takes six weeks to get something approved by the City Engineer when you can count the houses and other building in the City on one hand. The Acting City Manager was directed to check into this matter. f. Mayor Russo indicated he had two additional requests to speak, however, he has received written reports from Dollie Irwin and Carolyn Toenjes and will therefore accept these written re- ports as they are stated. 2. Request from Mr. Jim Sparks for Consideration of Amendment of Ordi- nance Pertaining to Gaming. (Continued from April 8, 1985). It was determined that Mr. Sparks was again not present at the meeting. Page 1 3. W L .umont City Council April 22, 1985 Motion by Councilman Mitchell, second by Councilman Berg, to deny Mr. Spark's request for consideration of amendment of Ordinance Pertaining to gaming. AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. Request from Councilman Berg for Discussion Concerning Conditions of Approval for Business at 985 Beaumont Avenue. (Continued from April 8, 1985). Councilman Berg stated he had researched this matter further and found this particular business did not need to comply with the conditions of approval of the former business. He stated further he would like the Planning Director look into the possibility of amending Ordinance 517 to consider that we be very careful when conditions of approval are delayed and we should be certain that all conditions of approval are adhered to, in particular safety factors such as are involved with old gas stations. The Acting City Manager was asked to bring a report back to the Council at their regular meeting of June 10, 1985. Report Concerning Alleged Violations of Sections 17.52.120 and 17.068.040 of the Municipal Code by Beaumont Yamaha- Kawasaki. The Acting City Manager read his report to the Council in its entirety. Attorney Daniel Zahner, 874 Beaumont, representing the Beaumont Chamber of Commerce as regards Beaumont Yamaha Kawasaki and other businesses in the City who are apparently violating certain sec- tions of the code. According to information given to him by the Deputy. Chief of Police there are existing approximately 104 different violations at this time just on 6th Street and Beaumont Avenue. He agreed with the Acting City Manager that the law should be applied in an evenhanded manner. He requested the Chamber receive input from the departments which would be charged with the obligation of enforcement of the law and further advised the Chamber is attempting to set up a meeting of all those businesses listed on Chief Justus' list so they may make their suggestions to the City Council concerning the matter. The Chamber is asking the City Council to withhold any action on this particular issue right now until such a meeting can be convened at which the City Council (or at least two members) would be invited to attend. Mr Zahner further stated they are attempting to schedule this meeting next week at the E1 Rancho Restaurant. In responding to a question from Councilman Mitchell concerning the matter of the structure behind the Yamaha Kawasaki business, the Acting City Manager stated his direction was to give notice to Mr. Hayes to either abate the building or respond with his request for a hearing within ten days from the date of the City's notice. Mr. Hayes did respond asking for a hearing, and this hearing has been set before the City Council at their meeting of May 13. The Chamber of Commerce was asked to submit a written report con- cerning their meeting to the City Council in sufficient time for the next regular meeting on May 13. Motion by Councilman Berg, second by Councilman Mitchell, to accept the recommendations of the Acting City Manager and direct the Acting City Manager to have staff issue citations on all of the alleged 104 violations in the order they deem necessary. MOTION AND SECOND WITHDRAWN. Page 2 zumont City Council April 22, 1985 Steven Olivares, Code Enforcement Officer for the City, addressed the Council asking them to allow him to cite only those violations that were an immediate hazard to pedestrian or vehicular traffic, and then let him work with the businesses in this community to obtain voluntary compliance. Motion by Councilman Berg, second by Councilman Shaw, to allow the Code Enforcement Officer to do his job. MOTION AND SECOND WITHDRAWN. Motion by Councilman Mitchell that the Enforcement Officer follow the direction of the City Manager to issue notices to the various persons in violation to be reported back to the City Council and to be heard at the same time that the Chamber of Commerce will bring back their report to be set for the first Council meeting in May to make a further determination as to a procedure to be followed in the future. DIED FOR LACK OF A SECOND. Motion by Councilman Berg, second by Councilman Partain, to accept the report of the Acting City Manager relative to Agenda Item No. 4 of violations of Sections 17.52.120 and 17.068.040 of the Muni- cipal Code by Beaumont Yamaha Kawasaki. AYES: Councilmen Partain, Shaw, Berg and Mayor Russo. NOES: Councilman Mitchell. ABSTAIN: None. ABSENT: None. 8. Out of Sequence. PUBLIC HEARING - 8:00 P.M. - Tentative Tract Map 20779 and Nega- tive Declaration 85 -ND -3. Location: Northeast Corner of Cougar Way and Sunnyslope Avenue. Applicant: Ronald C. Hemsley. The Public Hearing was opened at 8:48 P.M. Mayor Russo read into the record a written comment received from Rupert J. Towell and Ruth I. Towell opposing this tentative tract map as they felt eleven homes on the property were too many, there should be no more than three homes. Mayor Russo: Do we have anyone here to address this issue. Please state your name and address. Kathleen Taylor, 11463 Cherry Avenue: I just came here to find out what they are putting there and if there is going to be a wall between their backyard and my backyard. Mayor Russo: Okay. Is that your question. Kathleen Taylor: Yes. And I do agree that eleven is an awful lot for that little teeny space. Mayor Russo: With reference to exactly what type of barrier there will be between this subdivision and existing property, I am not sure that is addressed in here. I will turn to the expertise of our ex- planning commissioner here. Have you read this over. Councilman Berg: I don't remember. You might have to ask Ron. Mayor Russo: Ron. Ron Larson, Planning Director: I have a staff report on it. Mayor Russo: Good. Do you have any other questions. If you can state your questions I think Mr. Larson can probably answer them through his report. Page 3 F ?umont City Council tirril 22, 1985 Kathleen Taylor: Will my water pressure go down. And, I was just hoping - I've noticed that with all new developments every where, there is a nice big wall that goes up and that is what I was hoping for because when you put eleven houses in there, there is only one of me and then there is eleven of them there, there is going to be one right after another stacked up back there. Mayor Russo: Thank you. We will see if we can answer those. If we don't we will come back to you. Ron, do you want to go ahead and address that. Ron Larson, Planning Director: Mr. Mayor and members of the City Council the project consists of eleven lot subdivision with a cul- de -sac located at the northeast corner of Sunnyslope Avenue and Cougar Way, two and a half acres. The proposed tentative tract will be served by Southern California Edison, the Beaumont - Cherry Valley Water District, the Beaumont sewer system and Southern California Gas Company. The Developer will have to extend sewer lines to the site. Access through lots one and five will be by way of Sunnyslope Avenue and lots six through eleven will be accessed by way of a cul -de -sac which will run along the east side of the proposed site. The lot sizes range from 7,000 square feet to 11,003 square feet. The conditions of the tract map, which were recommended by the Planning Commission, and include the recommenda- tions of the City Engineer, include a wall which will be located and will screen the rear yards of the properties that would be fronting on Cougar Way. There is no tract boundary wall proposed for the site. As far as the density is concerned, at the north of the property you have duplexes, which are a much higher density than what is proposed by the applicant. To the east there are single family residences, county, lots that are proposed here are consistent with those lots. To the south is the Beaumont High School and to the west is a cherry orchard which is in the County area. The conditions of development are the standard requirements for curb, gutter and sidewalk along Sunnyslope Avenue, Cougar Way and, of course, the cul -de -sac. The only special condition in- volves the approval of the tentative tract map, which is Condition No. 16, approval of Tentative Tract Map 20779 is conditioned to become effective upon annexation of the subject property to the City of Beaumont. The annexation has not been completed as yet, so this is in anticipation of the annexation coming about. If the units of property were not to be annexed to the City of Beaumont, you would still find the same size lots and the same number of units that would be permitted under the County zoning. So we are not doing anything more than what the County would permit in that area. Tract boundary walls are normally required if you have a free standing subdivision where there is nothing abutting the properties at the time, and those walls are normally required along the street boundaries. In this case, the lots, there will be several lots fronting on Sunnyslope Avenue so there is no possibility of a wall in that area, and there will be two lots that will be visible - the rear yards would be visible from Cougar Way so that is the reason for the short tract boundary wall in that location. The other areas, as far as boundary walls, those are - some are in existence, chain link fences, there are wood fences which abut the other pro- perties. The City is not in a position to provide free walls for adjacent property owners. I should mention, the recommendation of the Planning Commission was for approval of the tract along with the Negative Declaration. Councilman Shaw: Ron, at this point in time, what I question is this. We have committed ourselves to a certain amount of hook -up in Highland Springs. Would we have adequate hook -ups for these people. Ron Larson: That is correct. We would. Page 4 1 Dumont City Council April 22, 1985 Councilman Shaw: We would. Suppose there was an influx. Ron Larson: We have approximately a capacity of better than 300 homes that could be hooked up to the sewer. Councilman Shaw: Yes, but we are committed to quite a few up in Highland Springs. Ron Larson: I have already taken that into consideration. Councilman Shaw: Well, how much of an overlap do we have after we put this on. Ron Larson: After that and all of the other tracts that we have approved, we still have 300 hook -ups that would be able to come under the existing sewer capacity. Councilman Shaw: Under the one that we do have now without anti- cipating a new sewer system. Ron Larson: That is correct. Councilman Shaw: I thought we were pretty tight. Ron Larson: Well we are close, you know, 300 is close. It is close. Councilman Shaw: Yes. That is what I say. That is what worries me because we are giving commitments and then it comes time, what do we do. Ron Larson: When that comes up then, actually, the timing is critical and, you know, I have taken cognizant of that. You rea- lize there have been many areas that have been approved that have not hooked up at the present time. I have already eliminated all the ones that could be hooked up. . . Councilman Shaw: Well that is what I have been figuring in there because we do, I know we have quite a few that we committed our- selves to. Ron Larson: I have already taken those off. And they have not even come in for building permits or anything yet. I have already subtracted them from the totals and we still have almost 300 units that could be accommodated so I am watching it very carefully. I keep a running tab on our capacity and, you know, we still have, actually, probably more capacity than that because some of them haven't come through and requested to hook -up and have not paid the fees. Councilman Shaw: Well I was just concerned about if we do get an influx if . . . Ron Larson: If we get the influx the only influx would be from the ones we have already approved and that is already accommodated, and it is my policy that if we go beyond that point, beyond the ones we have already approved, I will notify the Planning Commission and the City Council, so that we are aware of the situation. Councilman Shaw: Okay. As long as we are covered. Mayor Russo: Before we have any more questions. To answer Mrs. Taylor's question back there, there will not, presently under these conditions, be any block walls. Correct. Ron Larson: No block walls against the north or the east boundary of the tract. Mayor Russo: With relationship to your question on water pressure, Page 5 F umont City Council April 22, 1985 I think that it could be better answered by the Water District, or could you address that. Ron Larson: No, that is accommodated under the Fire Department. The Fire Department sets all the water flow requirements, and the water department has indicated they will be able to serve the pro- ject with the required fire flows in that area. They are, and there was some question - as a matter of fact I was contacted by LAFCO on this matter, and they did get some erroneous information that the project was not in the Beaumont - Cherry Valley Water District, but we do have a map, and we did verify, and we did point out to the water district that it is in their area, and we do have more - actually we have three lines that can serve the subject property, and will be more than enough for the required fire flows by the Fire Department. Which exceeds the requirements of the subdivision for general purpose use. Mayor Russo: Mr. Mitchell, you had a question. Councilman Mitchell: Have you checked the daily flow chart sheets at the sewer plant recently. Ron Larson: The daily flow charts at the sewer plant. I contact Larry and get reports from him periodically. Councilman Mitchell: What percentage is it running now in capacity. Ron Larson: So far as capacity? Councilman Mitchell: What percentage of the capacity is it running. Ron Larson: I am not sure what the capacity is that - I translate any information I get from him into units. The actual flows don't mean anything to me until I can translate them into the actual dwelling unit flows, and also industrial and commercial. Mayor Russo: Any other questions for Mr. Larson. Okay. All right, is there any other input relative to this tentative tract map. Any- one else wishing to address it. Councilman Mitchell: I move it be approved. Mayor Russo: Okay, let's show for the record that the hearing was closed at 8:58 P.M. Mr. Mitchell you want to make a motion to approve it. Councilman Mitchell: I move that Tract Map 20779 be accepted and Negative Declaration 85 -ND -3 be adopted. Motion by Councilman Mitchell, Negative Declaration 85 -ND -3 be 20779 be accepted, (85 -TM -1) AYES: Councilmen Partain, Russo. NOES: None. ABSTAIN: None. ABSENT: None. second by Councilman Shaw, that adopted and Tentative Tract Map Shaw, Berg, Mitchell and Mayor 5. Request from Councilman Shaw for Designated Bus Stop Area in Front of City Hall Requiring Ordinance Amendment. Motion by Councilman Mitchell, second by Councilman Shaw, that a resolution be drawn to allow the change in parking, and that the entire ordinance be gone through relative to parking in other areas in the City. AYES: Councilmen Partain, Shaw, Mitchell and Mayor Pro Tem Berg. NOES: None. ABSTAIN: None. ABSENT: Mayor Russo. (Mayor Russo was excused at 9:02, returning to his chair at 9:07) Page 6 . auoont City Council April 22, 1985 6. Request from Deputy Chief Justus for Ordinance Requiring Silent Alarms in Retail Establishments which Operate After Midnight. Motion by Councilman Mitchell, second by Councilman Shaw, to direct the City Attorney to investigate the silent alarm ordi- nances in both Riverside and San Bernardino counties, and to make inquiry as to the type ordinance that any other juris- dictional city has relative to the same proposition, and if an ordinance can be drawn legally to bring back the ordinance for its first reading on the second Monday in May. AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. 7. Recommendation to Accept Low Bid Received in December, 1984 for Materials Storage Building and Budget Adjustment for Same. Motion by Councilman Partain, second by Councilman Shaw, to accept the low bid of Tri -City Construction, Inc. in the amount of $18,500, and to approve the budget adjustment for same. AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. 9. Authorization for Finance Director to Attend League of California Cities Financial Update Seminar in Sacramento. Motion by Councilman Berg, second by Councilman Partain, to auth- orize the Finance Director to attend the League of California Cities Financial Update Seminar in Sacramento. AYES: Councilmen Partain, Shaw, Berg and Mayor Russo. NOES: Councilman Mitchell. ABSTAIN: None. ABSENT: None. 10. Request from Councilman Mitchell to Allow Grand Jury Investigation of the Refusal of District Attorney's Office to Enforce State and Local Laws Violated by Norman Davis and Police Department. Motion by Councilman Mitchell, second by Councilman Shaw, that the City Council allow Grand Jury investigation of the reasons that the District Attorney's office did not follow and allow it to go to Court on the alleged wrongful acts of Mr. Davis. AYES: Councilmen Shaw and Mitchell. NOES: Councilmen Partain, Berg and Mayor Russo. ABSTAIN: None. ABSENT: None. MOTION FAILED. 11. Request from Councilman Mitchell for Discussion and Allocation of Funds for Needed Fire Hydrants and Proper Procedures for Imple- menting Installation of Said Hydrants. Motion by Councilman Mitchell, second by Councilman Shaw, to go into immediate negotiation with the Water District and determine which matter is the most beneficial to both Beaumont - Cherry Valley Water District and the City of Beaumont and to expedite the Placing of fire hydrants one at a time until such time as the grant comes through. AYES: Councilmen NOES: Councilman ABSTAIN: None. ABSENT: None. MOTION FAILED. Shaw and Mitchell. Partain, Berg and Mayor Russo. page 7 F .umont City Council April 22, 1985 12. Request from Councilman Mitchell for Consideration of Annexation of Sewer Plant Properties to the Beaumont - Cherry Valley Water District and Potential Trade Off with Water District. This agenda item was referred to staff for review and report, with coordination with Councilman Mitchell to be included in the report, with the agenda item continued to the regular meeting of May 13, 1985. 13. Consideration of Applications Received from Citizens to Serve on City Manager Screening Board. Motion by Councilman Berg, second by Councilman Shaw, to appoint Mr. Harold Spaulding to the Screening Board for the new City Manager. AYES: Councilmen Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: Councilman Partain. ABSENT: None. Motion by Councilman Partain, second by Councilman Mitchell, to appoint Dr. Eddie Ikard to the Screening Board for the new City Manager. AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. 14. CONSENT CALENDAR: a. Approval of Minutes of Regular Council Meeting of April 8, 1985. b. Approval of Payment of Warrants as Audited per Warrant List of April 22, 1985 and Payroll of April 4, 1985. C. Request for Budget Adjustment to Purchase Three Typewriters for Police Department. d. Request for Budget Adjustment to Repair City Manager Vehicle. e. Request for Budget Adjustment to Increase Budget for Donation Received by Senior Center. f. Request for Budget Adjustment for Pennsylvania Avenue Sewer and WWTP Design. g. Request for Budget Adjustment for Street Work on Pennsylvania Avenue. h. Request for Budget Adjustment for Cooperative Participation with County of Riverside for Chip Seal Worm. i. Request for Budget Adjustment for Attendance by Councilmen at League of California Cities Legislative Conference. j. Authorization for City Manager to Sign Application for 1984 -85 Title III Funds from Office on Aging. k. Authorization for Officers Bechtel and Eaves to Attend Instructors Course Out of the Area. Motion by Councilman Berg, second by Councilman Partain, to approve Consent Calendar Items 14.a through 14.k. AYES: Councilmen Partain, Shaw, Berg and Mayor Russo. NOES: Councilman Mitchell. ABSTAIN: None. ABSENT: None. Page 8 BEAUMONT CITY COUNCIL MINUTES OF APRIL 8, 1985 The Beaumont City Council met in a regular meeting at 7:37 P.M., Monday, April 8, 1985, in the City Council Chambers, with Mayor Russo presiding.. The Invocation was given by Reverand May Young. The Pledge of Allegiance to the Flag was led by Councilman Shaw. On Roll Call the following Council Members were present: Partain, Shaw, Berg, Mitchell and Mayor Russo. 1. ORAL COMMUNICATION: a. Ms. Dollie Irwin, Banning, Ca requested to address the Council regarding an Environmental Impact Report for Westinghouse. Mayor Russo denied her request to speak as it appeared to be the same information she has given to the Council previously. Ms. Irwin was informed by Mayor Russo she could request a Council Member to place it on the agenda for discussion. 2. CONSENT CALENDAR: a. Approval of Minutes of Regular Council Meeting of March 25, 1985 and Adjourned Council Meeting of March 29, 1985. b. Acceptance of Minutes of Regular Planning Commission Meeting of March 19, 1985. C. Approval of Payment of Warrants as audited per Warrant List of April 8, 1985, and Payroll of March 21, 1985. d. RESOLUTION NO. 1985 -13 - Determining Use of Improvement Fund Surplus. (Assessment District 1983 -1). e. RESOLUTION NO. 1985 -14 - Determining Fees to be Charged to Reimburse City for Cost of Registering Bonds and for Cost of Annual Administration. f. Approval of Payment of Warrants for Assessment District 1983 -1. g. Request for Budget Transfer - Purchase of Equalizer for Public Address System in Council Chambers. h. RESOLUTION NO. 1985 -16 - Endorsing "Inland Empire" as the Post- mark for the Riverside /San Bernardino Area. i. Report of Planning Commission Action at Meeting of April 2, 1985. Motion by Councilman Shaw, second by Councilman Berg, to approve Con- sent Calendar Items 2.a through 2.i. AYES: Councilmen Partain, Shaw, Berg and Mayor Russo. NOES: Councilman Mitchell. ABSTAIN: None. ABSENT: None. 3. Request from Mr. Jack (Dean) Williams for Consideration of Variance re: Mobile Home. Motion by Councilman Berg, second by Councilman Partain, to deny the request of Mr. Williams. MOTION AND SECOND WITHDRAWN. The City Attorney recommended the motion be withdrawn, and consider Mr. Williams' comments of withdrawal of the request, and if he then has further problems with the financing and wishes to come back and make a request, it would then be appropriate to take the steps in a correct fashion rather than requesting a variance. Page 1 Beaumont City Council April 8, 1985 The City Manager was directed to work with Mr. Larson and give the appropriate notice to Mr. Williams. 4. Service Contract for Building Inspector. Motion by Councilman Berg, second by Councilman Shaw, to approve the service contract for Building Inspector. AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. 5. Reconsideration of Council Action Requiring Department Heads to Attend Council Meetings. Motion by Councilman Berg, second by Councilman Partain, to amend the request and require that the Planning Director, City Engineer and Finance Director to attend all Council meetings and study sessions, and all other department heads as requested by the City Manager when he deems necessary. Motion by Councilman Mitchell, second by Councilman Shaw, to amend Councilman Berg's motion to read that any and all department heads can be required to attend any and all meetings at the determination of the City Manager, but when a department head is brought in for either the study session and /or the regular session, they shall be there for a specific purpose and that specific purpose shall always be the first item on the agenda to allow them to be dismissed after the four or five minutes time that it will require to determine why they are there. The motion by Councilman Mitchell to amend Councilman Berg's motion was restated to read: Motion by Councilman Mitchell, second by Councilman Shaw, to amend Councilman Berg's motion that any and all department heads, including the Planning Director, City Engineer and Finance Director, shall only attend at the request of the City Manager for specific agenda items, but when a department head is brought in for either the study session and /or the regular session, they shall be there for a specific purpose and that specific purpose shall always be the first item on the agenda to allow them to be dismissed after the four or five minutes time that it will require to determine why they are there. VOTE TAKEN ON AMENDMENT TO MOTION: AYES: Councilmen Shaw and Mitchell. NOES: Councilmen Partain, Berg and Russo. ABSTAIN: None. ABSENT: None. AMENDMENT TO MOTION FAILED. Motion by Councilman Mitchell, second by Councilman Shaw, to amend Councilman Berg's motion to read that when the three parties mentioned in the original motion are in attendance they shall be advised of the specific agenda items that they are to be there for, but they will be allowed to answer the questions in study session and, if necessary, if the Council so desires, have them answer in the general session and any and all questions directed to them shall be the first items of the general session, at the sole determination of the City Manager. VOTE TAKEN ON AMENDMENT TO MOTION: AYES: Councilmen Shaw and Mitchell. NOES: Councilmen Partain, Berg and Mayor Russo. ABSTAIN: None. ABSENT: None. AMENDMENT TO MOTION FAILED. Page 2 -leaumont City Council April 8, 1985 VOTE TAKEN ON MAIN MOTION: AYES: Councilmen Partain, Shaw, Berg and Mayor Russo. NOES: Councilman Mitchell. ABSTAIN: None. ABSENT: None. MOTION CARRIED WITHOUT AMENDMENT. After additional discussion, the motion by Councilman Berg and second by Councilman Partain were withdrawn and the motion was restated as follows: Motion by Councilman Berg to request the Finance Director, Planning Director and City Engineer to attend all study sessions and all City Council meetings, and any other department heads as requested by the City Manager, with the compensation for those department heads for the time spent by the department heads present will be either taken in hourly wages or administrative leave at the option of the department head, retroactive to February 13, 1985. MOTION DIED FOR LACK OF A SECOND. Motion by Mayor Russo, second by Councilman Berg, that the City Council directs the Finance Director, the Planning Director and the City Engineer to attend all study sessions and all City Council meetings, with other department heads required to attend at the direction of the City Manager; that the time spent for study sessions and City Council meetings for those attending will be compensated either in hourly wages or will be taken as administra- tive leave at the option of the City Manager and that such compensation shall start on April 8, 1985. Motion by Councilman Partain, second by Councilman Shaw, to amend Mayor Russo's motion to continue this program until June 1, 1985 and review at that time. VOTE TAKEN ON AMENDMENT TO MOTION: AYES: Councilmen Partain, Shaw, Berg and Mayor Russo. NOES: Councilman Mitchell. ABSTAIN: None. ABSENT: None. VOTE TAKEN ON MAIN MOTION: AYES: Councilmen Partain, NOES: Councilman Mitchell. ABSTAIN: None. ABSENT: None. MAIN MOTION CARRIED AS AMENDED. Shaw, Berg and Mayor Russo. 6. Reconsideration of Monday Deadline for Council Agenda Items. Motion by Councilman Berg, second by Councilman Mitchell, to continue the same program with the Monday deadline, with discretionary items being approved by the City Manager for insertion after the Monday deadline, for an indefinite period of time. AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. 7. Request for Extension of Time for Tentative Tract 19149 (83- TM -1). Applicant: DEVCORP. Motion by Councilman Mitchell, second by Councilman Partain, to accept the recommendation of the Planning Director and grant an extension of time for Tentative Tract 19149 (83 -TM -1) for a period of twelve months. Page 3 a 10. AYES: Councilmen Partain, NOES: Russo. NOES: None. ABSTAIN: None. ABSENT: None. Beaumont City Council April 8, 1985 Shaw, Berg, Mitchell and Mayor The meeting was adjourned to a short recess at 8:34 P.M., reconvening at 8:41 P.M. Request from Councilman Mitchell Regarding Encroachment Violation at Yamaha - Kawasaki of Beaumont. Motion by Councilman Berg to direct the City Manager to have staff send a letter to Mr. Hays notifying him of the non - compliance of the minute order of City Council dated 25 January 1982 giving him thirty days to respond; if staff has not heard from Mr. Hays within thirty days the City Manager shall be directed to continue with legal proceedings as deemed necessary. MOTION DIED FOR LACK OF A SECOND. Motion by Councilman Mitchell, second by Councilman Partain to direct the City Manager to notify Mr. Hays in writing, by certi- fied mail, that he is in violation, and that he shall answer and request a hearing or remove the structure, as stipulated in Minute Order of January 25, 1982, Page 23 of City Council minutes, within ten days or abatement action will be implemented. AYES: Councilmen Partain, NOES: Russo. NOES: None. ABSTAIN: None. ABSENT: None. Shaw, Berg, Mitchell and Mayor There followed a lengthy discussion regarding the alleged violations caused by motorcycles for sale being parked on the sidewalk and in the curb parking area in front of the business. Councilman Mitchell cited Sections 17.52.120, 17.068.040H and 17. 060.115E as the sections being violated by Mr. Hays. Mayor Russo asked the staff to review the charges by Mr. Mitchell with reference to violations of the Ordinance 17.068.040 and 17.52. 120, and also the leaving of vehicles in the City street all day for the purpose of sale, and to have a report back to the City Council at the next Council meeting. At the recommendation of the City Attorney, it was the concensus of the Council that after investigation of the charges made by Council- man Mitchell, if they are correct, that citations should be issued without waiting to report to the Council. RESOLUTION NO. 1985 -17 - Amending Section 13.08.170 F(6) and (8) of the Municipal Code Pertaining to Industrial Waste Limitations. Motion by Councilman Shaw, second by Councilman Berg, to adopt Reso- lution No. 1985 -17. AYES: Councilmen Partain, NOES: None. ABSTAIN: None. ABSENT: Councilman Mitchell. Shaw, Berg and Mayor Russo. (Councilman Mitchell was excused from his chair at 9:23 P.M.) Request from Mr. Jim Sparks for Consideration of Amendment of Ordiannce Pertaining to Gaming. This agenda item was continued until the next Regular Council meeting. Page 4 Beaumont City Council April 8, 1985 11. Request from Cherry Festival Association for Closing of 9th Street during Cherry Festival. Motion by Councilman Shaw, second by Councilman Berg, to grant the request of the Cherry Festival Association to close 9th Street during the Cherry Festival. AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. 12. Request from Councilman Berg for Discussion Concerning Conditions of Approval for Business at 985 Beaumont Avenue. This agenda item was continued to the next regular Council Meeting. 15. Permission for City Attorney to Attend League of California Cities City Attorney's Department Spring Meeting. Motion by Councilman Shaw, second by Councilman Partain, to grant the request of the City Attorney to Attend the City Attorney's Department Spring Meeting with the City Paying the Registration of $130.00 plus $25.00 for copies of all papers, and an additional $100.00 for travel expenses. AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. 14. Claim Filed Against City by Mrs. Jennie Brownell. Motion by Councilman Berg, second by Councilman Partain, to reject the claim filed against the City by Mrs. Jennie Brownell. AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. 13. The meeting was adjourned to Executive.Session at 9:43 P.M. to Con- sider Personnel Matters Pursuant to Government Code Section 54957. The meeting was reconvened to Regular Session at 10.08 P.M. Let the record show no definitive action was taken in Executive Session. There being no further business to come before the Council, the meeting was adjourned to a Study Session at 5:00 P.M. on April 9, 1985 to discuss qualification requirements for the new City Manager. The meeting was adjourned at 10:12 P.M. Respectfully submitted, Page 5 BEAUMONT CITY COUNCIL MINUTES OF ADJOURNED MEETING OF MARCH 29, 1985 (Adjourned from March 25, 1985) The Beaumont City Council met in a adjourned meeting at 5:32 P.M., on Fri- day, March 29, 1985, in the City Council Chambers with Mayor Russo presiding. On Roll Call the following Council Members were present: Partain, Shaw, Berg and Mayor Russo. Councilman Mitchell arrived at 5:35 P.M. 1. RESOLUTION NO. 1985 -15 - Removing Norman J. Davis as City Manager. At the request of Mr. Davis, the resolution was read in its entirety by the Deputy City Clerk. 2. 3. Mr. Norman Davis addressed the Council registering a verbal protest to the resolution both in the manner of payment and that it does not address all of the elements of his salary, which includes, by reason of the inclusion of the 1981 Management MOU as part of that salary, Article IV or V under which there are several paragraphs that deal with the matter of the PERS contributions, the matter of the helath insurance and the matter of vacations, therefore, at this point in time he wished to register for the record a verbal protest to the resolution being adopted, being totally opposed to it in terms of the method of remuneration that is being provided for at this time. Motion by Councilman Berg, second by Councilman Partain, to adopt Resolution No. 1985 -15. AYES: Councilmen Partain, NOES: Councilman Mitchell. ABSTAIN: None. ABSENT: None. Shaw, Berg and Mayor Russo. Submittal of Revised Time Table for Hiring of City Manager. Motion by Councilman Shaw, second by Councilman Berg, to accept the revised time table for hiring of City Manager. AYES: Councilmen Partain, Russo. NOES: None. ABSTAIN: None. ABSENT: None. Shaw, Berg, Mitchell and Mayor Report from Acting City Manager Regarding Request of Mr. Norman J. Davis Pertaining to Medical Insurance. Motion by Councilman Mitchell, second by Councilman Shaw, to accept the recommendation of Blue Shield Insurance Company. MOTION AND SECOND WITHDRAWN BY COUNCILMEN MITCHELL AND SHAW. Motion by Mayor Russo, second by Councilman Mitchell, that the City of Beaumont deny the request by Mr. Norman J. Davis to maintain medical insurance as requested. AYES: Councilmen Partain, Russo. NOES: None. ABSTAIN: None. ABSENT: None. Shaw, Berg, Mitchell and Mayor Page 1 W eaumont City Council March 29, 1985 Decision Concerning Use of 11th Year CDBG Entitlement Funds for Year 1985 -86 and Authorization for Submittal of Application. Motion by Councilman Shaw, second by Councilman Mitchell to allocate the 11th Year Entitlement Funds to fire hydrant repair and replace- ment. AYES: Councilman Shaw. NOES: Councilmen Partain, ABSTAIN: None. ABSENT: None. MOTION FAILED. Berg, Mitchell and Mayor Russo. Motion by Councilman Berg, second by Councilman Mitchell, to auth- orize submittal of application for 11th Year CDBG Entitlement Funds for Year 1985 -86 and allocate one -half of the entitlement funds for replacement of defective and inefficient fire hydrants and one -half of the entitlement funds for street name signs. AYES: Councilmen Partain, Russo. NOES: None. ABSTAIN: None. ABSENT: None. Shaw, Berg, Mitchell and Mayor There being no further business to come before the Council, the meeting was adjourned at 6:10 P.M. Respectfully submitted, Page 2 uty City Clerk BEAUMONT CITY COUNCIL MINUTES OF MARCH 25, 1985 The Beaumont City Council met in a regular meeting at 7:35 P.M., on Monday, March 25, 1985, in the City Council Chambers, with Mayor Russo presiding. The Invocation was given by Dr. Walter Price, 1st Southern Baptist Church. The Pledge of Allegiance was led by Councilman Berg. On Roll Call the following Council Members were present: Partain, Shaw, Berg, Mitchell and Mayor Russo. 1. ORAL COMMUNICATION: a. Mr. Charles Hobbie, representing KGUD Radio, addressed the Council, responding to an unnamed Beaumont City Official who allegedly accused him of being a bad reporter, stating that he has a talk show and is not being paid to be a polic reporter for the Banning- Beaumont area. b. Ms. Carolyn Toenjes, of Palm Springs, addressed the Council reading excerpts from a letter concerning an environmental impact report for Westinghouse Service Center. 2. CONSENT CALENDAR: a) Approval of Minutes of Adjourned Council Meeting of March 5, 1985, Regular Council Meeting of March 11, 1985 and Adjourned Council Meeting of March 18, 1985. b) Acceptance of Minutes of Regular Planning Commission Meeting of March 5, 1985. c) Approval of Payment of Warrants as Audited per Warrant List of March 25, 1985, in the amount of $107,976.02; and Payroll of March 7, 1985, in the amount of $29,902.78. d) Consideration of Adoption of Negative Declaration 85 -ND -2. Applicant: Fred Woodard. Location: 411 Olive Avenue. e) RESOLUTION NO. 1985 -11 - Endorsing Earthquake Preparedness Week. f) Request for Budget Adjustment - Repair of Grass Flail Tractor and Repainting of Vehicle Maintenance Department Pick -Up. g) Request for Budget Adjustment - To Complete transfer of Vehicle No. 2704 to Sewer Department. h) Authorization to Execute Agreement with Riverside County Flood Control District for Line 15 (6th Street Storm Drain Project). i) Report of Planning Commission Action at Meeting of March 19, 1985. Motion by Councilman Berg, second by Councilman Partain, to approve Consent Calendar Items No. a -i. AYES: Councilmen Partain, Shaw, Berg and Mayor Russo. NOES: Councilman Mitchell. ABSTAIN: None. ABSENT: None. Report: Financial Services for Wastewater Treatment Plant #2. This agenda item was continued to the regular meeting of April 8, with the City Manager authorized to continue to pursue the financial options available to the City. Page 1 Beaumont City Council March 25, 1985 4. RESOLUTION NO. 1985 -12 - Authorizing and Directing Execution of Certain Lease Financing Documents, Authorizing and Directing Execu- tion of a Purchase Agreement, Approving a Preliminary Official Statement and Authorizing and Directing Certain Actions with Respect Thereto. Motion by Councilman Berg, second by Councilman Partain, to reject Resolution No. 1985 -12. AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. 5. Request from Norman J. Davis Regarding Medical Insurance. Motion by Councilman Mitchell, second by Councilman Partain, to allow Mr. Davis to pay his own insurance premium subject to a determination by the insurance company, and that the City Manager will contact the insurance company and get a specific ruling from the insurance company, this ruling to be brought back to an ad- journed meeting not later than Friday of this week. AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. 6. PUBLIC HEARING - 8:00 P.M. - Request by Norman J. Davis for Hearing Pursuant to Beaumont Municipal Code Section 2.12.070. The Public Hearing was opened at 8:15 P.M. The City Attorney requested the Court Reporter taking notes of this public hearing be identified. Norman Davis: Honorable Mayor, Members of the Council, I am Norman J. Davis, 434 Cyrise Lane, Beaumont, California, speaking to the point that Attorney Ryskamp has just referred to, I have with me Sara Gussett, and one of her employees, Sara would you please stand up and identify yourself. Ms. Gussett: Sara Gussett, court reporter. Norman Davis: Sara is a certified shorthand reporter and will be taking a transcription of these proceedings, and to answer Mr. Ryskamp's question, the City is not paying for it. Beyond that I don't think we need worry. Gentlemen, in response to the City's letter of March 1, 1985, noti- fying me of the Council's intent to terminate me as City Manager, I requested a Skelly Hearing. I requested said hearing to be held as an Executive Session, since it deals with personnel matters. I further requested you appoint an Administrative Law Judge from the State of California to conduct such hearing because of the Council's demonstrated arbitrariness and prejudice. I don't believe that I can be terminated for ninety days following the election of a new Council as is provided for in the Beaumont Code. Your letter of suspension dated February 19, 1985, following the Council meeting of February 19, 1985, stated that the suspension was for the purpose of a full scale investigation, "pertaining to your past actions as the City Manager of Beaumont ". This action occurred just two weeks after an election in which three new Council Members were elected, and on the night they were seated. Six days later, on February 25, the Council voted "to terminate" my services "effective March 31, 1985 ". What have I done wrong. How Page 2 Beaumont City Council March 25, 1985 can I respond when no notices of specifics has been provided me, either at the time of the receipt of the letter, which stated that it was a notice of intent to terminate, or at the time the notice of this hearing was given to me. I am an honorable man. I have and will work hard for honorable men and women, and with reasonable men I will be reasonable. One of the members of this Council is under criminal charges and I feel it is unfair to defend myself before a body which itself has a member being prosecuted by the District Attorney's office of Riverside County. The same District Attorney's office of Riverside County, which this same Councilman took information to, requesting that I be charged with some type of wrongdoing. The District Attorney's office, by letter, told said Councilman there was no basis for criminal liability on the part of Norman Davis. Yet, this Councilman, at the Community Involvement breakfast meeting, on November 14, 1984, publically addressed the group and told them I was under investigation by the District Attorney's office. The fact is that the Councilman had already been notified some ten or more days previously that there was no criminal lia- bility on my part. With all due respect, gentlemen, I don't believe that you are in the frame of mind to listen to, or to discriminately evaluate, the issue at hand. Therefore I cannot respond publically. I ask you, as a honorable body, to continue this matter to another date, and to accede to the request that I made in asking you for this hearing. Thank you very much. Councilman Mitchell: Mr. Mayor. Mayor Russo: Excuse me for a moment. Under the circumstances gentlemen, I am going to propose that we accept Mr. Davis' state- ment and take it under consideration and that we respond at some future date. Now - Mr. Ryskamp. City Attorney: According to the ordinance you do have to take an action if you are going to remove Mr. Davis. So far your action has been to notify him of your intention to do so. After this opportunity has been given to him you do have to take an action. Mayor Russo: At this hearing? City Attorney: At this hearing. Or prior to the 31st of March following this hearing. Prior to the 31st of March. Mayor Russo: Mr. Mitchell. Councilman Mitchell: Mr. Davis very cleverly gave some false infor- mation relative to one certain Councilman, which is Irish D. Mitchell. This is the reason that we had requested, and the prior City Council refused to file the charges against Mr. Davis, which would have stood up in any Court and would have been prosecuted. But the Council completely whitewashed it. At the time of the decision to suspend Mr. Davis, and /or to eliminate his services, I gave each of you at least five specific violations that if the Council would put them as complaints, they would have been heard in a municipal court, and at least two or three would have been con- victions for misdemeanors in violation of both the State Penal Code, the State Government Code, the orders - or the authority and duty of the City Manager that was completely violated, his direct orders to subordinates not to enforce certain specific laws, not only on political signs, but on other known violations in town, which is a direct violation of Section 1222 of the Government Code. This was the reason gentlemen that I asked to be able to have a hearing of the employees under oath. It is legal to have that when it is over with you will find out many of the things that you cannot find through the whitewash method that we have had through the District Attorney's office. Through the efforts of Mr. Davis, and through the efforts of Mayor Thompson in the past. We are faced with millions of dollars in lawsuits by a complete whitewash of proven facts that we had that we could have gotten in all the way through, except it was stifled by Mr. Davis at a hearing while we could not get it. Here are the actual facts against Bridges. These are the results Page 3 Beaumont City Council March 25, 1985 of his remaining of the Castellini lawsuit, the Lopez lawsuit, the Tipton lawsuit, etc., etc., etc. Now one major violation of the law is 1222, as I mentioned, the Government Code, which states, "every willful omission to perform any duty enjoined by law upon any public officer or person holding any public trust or employment where no specific provision is made for the punishment of such delinquency, is punishable as a misdemeanor." Now we have seven charges. On this particular one we have witnesses, there are gentlemen sitting right here, who were given specific orders not to enforce the law. Specific orders not to enforce the law, which is a violation of 1222. If this City Council would prefer charges against Mr. Davis you would be able to save the City right close to $40 or $50 Thousand Dollars, because under the contract that was written by Mr. Ryskamp, if he is convicted of a misdemeanor, that terminates his contract with no severance pay. Now all of the documents are here, the people are sitting right here. If you put them under oath - employees - put them under oath and you will find that this is a direct violation. He violated Section 556 by not having it enforced, and eleven other code sections. Thank you gentlemen. Councilman Berg: I wonder if we are in order here to maybe have the - will we be able to explain some of this stuff in this section here so far as - okay, just a second. Would we be in order to have the City Attorney respond to Irish's charges so far as claims that the City - or District Attorney would not file these charges. Mayor Russo: Are you familiar with the background here George. City Attorney: I am familiar with some of it. Not all of it. I am not certain how much of the seven items that were presented by Mr. Mitchell, were presented to the District Attorney. I do know that some of them were, - he is shaking his head no, so apparently we are . . . Councilman Mitchell: None of these were presented to the District Attorney. The only thing that I. . . City Attorney: In that case, I would point out the proper handling for the violation of State Law is presentation of a complaint to the District Attorney. The only one, apparently, that was, was the question of the - we have been calling it the Turner Davis contract. That was thoroughly reviewed by the District Attorney and that decision not to take action was also reviewed by the Attorney General's office. In a letter that was sent to Mr. Mitchell, with a copy to me, indicated that the Attorney General had reviewed the actions of the District Attorney and found them to be correct and proper. Further, we specifically asked the District Attorney for consent to allow the City - that is the City Attorney or an appointed attorney, to prosecute some of these matters, and we were given a very strong, resounding no by the District Attorney, and that was also backed up by the Attorney General's office. That was the proper procedure. Councilman Mitchell: Mr. Ryskamp, may I address. You stated that the District Attorney had thoroughly investigated the Turner Davis deal. Now wait just a minute. City Attorney: I said he said he did. Councilman Mitchell: You said he said he did. And I have at least five witnesses that were never contacted, and my last letter to the Attorney General, and to Governor Deukmejian, and to the Attorney General's office, stated specifically that none of these people had been contacted. It was a complete sweep under the rug the same as the District Attorney under Morton had done with Chief Bridges, which tied in with the Davis - Thompson back -up of Chief Bridges asking the DA and the others not to go ahead with it and make the investigation, and that is when I published in the Press - Enterprise that his investigator, I would venture the opinion, would be unable Page 4 Beaumont City Council March 25, 1985 to find an elephant in a telephone booth. He never asked any of these people the questions that we had, and I had sworn statements and affidavits, not one of them was ever questioned on the investi- gation. City Attorney: What did the Attorney General respond Mr. Mitchell. Councilman Mitchell: He said that we did the best we could. But I have the proof that they did not talk to the major witnesses. City Attorney: All I know is I spoke with the District Attorney, they indicated that they had taken the investigation as far as they were going to and I received a copy of the letter from the Attorney General. That is the procedure to follow gentlemen. It has been followed. I am not going to go into the capabilities or qualifications of the District Attorney. Councilman Mitchell: I won't go into it any further, but I am asking now, I am asking now, forget about the scheme to rip the City off for $5,000.00. Forget that one. But now let's look at the specific vio- lations of State law. If this Council makes a request to the District Attorney's office - this is the Council Members - if I make the request he will bury it again, I know this. If the Council makes the request they will investigate Section 556, they will investigate 566.3, they will investigate all of the other complaints that we have, factual, and if you would have a hearing of the employees and let them testify one at a time under oath you will find out exactly where the violations are and you will have a dead cinch conviction. If you don't want it, don't do it. But you are walking into a problem now. Mr. Davis is setting ready to pounce on this City on a cute lawsuit. Believe me when I tell you. He is playing the deal on Skelly rights that he was wrongfully dismissed, and we have been fumbling this like a little kid seven years old playing basketball with the Lakers. City Attorney: And Mr. Mitchell you are contributing to a good record. Mr. Davis will thank you. Mark my word on that. Councilman Mitchell: I am sure he will. Mayor Russo: Okay, gentlemen, the issue before us is the conclusion of this hearing. Is there any more input, gentlemen. Any questions you want to ask at this point in time. If I understand it - and I am asking direction at this point - do we need to make a determination at the end of this hearing with reference to our decision, our deter- mination . . . City Attorney: Yes there has to be a final action to reinstate or remove. Mayor Russo: Okay. Councilman Partain: Tonight, or before the 31st? Councilman Mitchell: The 31st comes on a Sunday. Councilman Partain: However, we have an adjourned meeting on Friday. Mayor Russo: We have an adjourned meeting on Friday. City Attorney: Nothing indicates that it has to be done before Friday, no. Mayor Russo: Okay, having no other public input, we will close the public hearing at 8 :29 P.M. Okay, gentlemen, what is your pleasure. There is a recommendation by Mr. Partain to hold this over to Friday evening. Is that what you . Councilman Partain: No, I was just curious. Page 5 3eaumont City Council March 25, 1985 Mayor Russo: The issue before us gentlemen is either to reinstate Mr. Davis or to finalize his termination. Motion by Councilman Partain, second by Councilman Mitchell, to finalize the removal of Mr. Davis. AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. 7. Appeal Filed by Mr. Scott Harris - Denial of Claim for Damages. Motion by Councilman Shaw, second by Councilman Mitchell, to make a token payment of $165.00 to Mr. Harris. AYES: Councilmen Shaw and Mitchell. NOES: Councilmen Partain, Berg and Mayor Russo. ABSTAIN: None. ABSENT: None. MOTION FAILED. Motion by Mayor Russo, second by Councilman Berg, to deny the request of Mr. Harris. Motion withdrawn by Mayor Russo and second withdrawn by Councilman Berg. Motion by Mayor Russo, second by Councilman Berg, to deny the re- quest for appeal and that the previous decision of the Council will stand. AYES: Councilmen Partain, Berg and Mayor Russo. NOES: Councilmen Shaw and Mitchell. ABSTAIN: None. ABSENT: None. 8. Consideration of Claim Filed by Mr. and Mrs. Donald Brown for Damages Resulting from Sewer Back -Up. Motion by Councilman Shaw, second by Councilman Partain to pay Mr. and Mrs. Donald Brown the sum of $1,196.64 for their claim on the sewer back -up. AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. 9. Consideration of Claim Filed by Mrs. Jennie M. Brownell. Motion by Councilman Berg, second by Councilman Shaw, to pay the claim of Mrs. Brownell in the amount of $40.00, with the City Attorney's office requested to provide the standard form of re- lease to be executed by Mrs. Brownell. AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. 10. Request of Pass Acres and Neighbors for Reconsideration of Resolution 1984 -46 Consenting and Authorizing Submittal of Annexation Application Annexation No. 84- ANX -4 -35 (Far West Development). Representatives of Pass Acres and Neighbors, speaking as proponents of the request by Pass Acres and Neighbors were Mr. Roy Skeirik, Mr.. Herman Fleischer and Mr. Russ Russell. Page 6 11. 12. 13. 14. 15. 16. Beaumont City Council March 25, 1985 Mr. William Brunick, attorney for the property owner, addressed the Council stating they have requested LAFCO for a three month continuance of this annexation. Far West Development no longer has an option on the property, and this time will be needed for the property owner to work with both Cherry Valley and Beaumont in determining how the property will be developed. Motion by Councilman Shaw, second by Councilman Partain, to re- scind any previous motions to authorize Far West Development to proceed with the annexation on 147 acres on both sides of Beaumont Avenue, Annexation No. 84- ANX -4 -35, Far West Development. AYES: Councilmen Partain, Shaw, Berg and Mitchell. NOES: Mayor Russo. ABSTAIN: None. ABSENT: None. Request of Pass Acres and Neighbors to Allow the Removal of Cherry Valley and Environs from the Beaumont Sphere of Influence. Motion by Councilman Mitchell, second by Councilman Berg, to table this agenda item. AYES: Councilmen Partain, NOES: Councilman Shaw. ABSTAIN: None. ABSENT: None. Berg, Mitchell and Mayor Russo. Request from Councilman Mitchell for Discussion Regarding Non- Enforcement of Encroachments. Request from Councilman Mitchell for Lisc;ussion Regarding Violation of Government. Code Section 1222 (Stifling of Law Enforcement) . Request from Councilman Mitchell for Review of Police Department re: Acceptance of Specific Complaints on Penal Code Violations (556, 556.1, 556.3). Motion by Mayor Russo, second by Councilman Berg, to not discuss these agenda items. AYES: Councilmen Partain, Shaw, Berg and Mayor Russo. NOES: Councilman Mitchell. ABSTAIN: None. ABSENT: None. Approval of Procedure for Hiring of City Manager. It was determined the time frame should be accelerated by eliminating the interviews by the screening board, with the applicants being interviewed by the Council only. In addition, the needs assessment survey completed by next weekend, with submittal to the City Manager's office by next Friday. The screening board can then start reviewing the applications that have been received. The Acting City Manager was directed to rework the time schedule and bring the new schedule to the adjourned meeting of March 29, 1985. It was the concensus of the Council the screening board would be comprised of a college professor, two community people, and two City Managers. It was suggested the City Manager of Perris, Mr. Robert L. Briscoe, and the City Manager of San Jacinto, Mr. Ross Namarr, should be contacted. Notices shall be posted concerning applications from community people wishing to serve on this committee. Request for Budget Adjustment for City Attorney Budget. Motion by Councilman Berg, second by Councilman Partain, to approve budget adjustment for the City Attorney Budget, with $5,000.00 to be taken from the Police Department PERS Retirement Account, No. 2050 -3024; $5,000.00 to be taken from the General Fund Insurance Liability Fund, Account No. 1450 -4080; and $5,000.00 to be taken from the unbudgeted revenue, to be transferred to Account 1300 -4060, Contractual Services. Page 7 3eaumont City Council March 25, 1985 AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. 17. Appointment of Council Representative to a Steering Committee for Joint County /Western Cities Meetings. Motion by Councilman Shaw, second by Councilman Partain, to appoint Councilman Mitchell as the City representative to the Joint County/ Western Cities Meetings. AYES: Councilmen Partain, Shaw, Berg and Mayor Russo. NOES: None. ABSTAIN: Councilman Mitchell. ABSENT: None. 18. Consideration of Contract for Building Inspector. Motion by Councilman Berg, second by Councilman Mitchell, to approve the contract for the Building Inspector as presented. AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. 19. Authorization for Additional Inspections by Building Inspector and Budget Adjustment for Same. Motion by Councilman Partain, second by Councilman Berg, to authorize additional inspections by Building Inspector and the Budget Adjustment for Same, $4,800 from Account 1200 -7750 to Account 2150 -4060. AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. There being no further business to come before the Council, the meeting was adjourned to Friday, March 29, 1985, at 5:30 P.M., in the City Council Chambers. The meeting was adjourned at 10:25 P.M. Respectfully submitted, Page 8 BEAUMONT CITY COUNCIL MINUTES OF ADJOURNED MEETING OF MARCH 18, 1985 (Adjourned from March 11, 1985) The Beaumont City Council met in an adjourned meeting at 6:31 P.M., on Monday, March 18, 1985, in the City Council Chambers, with Mayor Russo presiding. On Roll Call the following Council Members were present: Partain, Shaw and Mayor Russo. Councilman Berg arrived at 6:33 P.M. Councilman Mitchell was excused. 1. 2. 3. ME 5. Selection of Council Members to Negotiate with Employee Management Group. Motion by Councilman Partain, second by Mayor Russo, to select Councilmen Berg and Shaw to negotiate with the employee management group. AYES: Councilmen Partain, Shaw, Berg and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: Councilman Mitchell. Contract for Building Inspections. The proposed contract was reviewed and discussed by the City Council and the Acting City Manager. It was a concensus of the Council to continue consideration of this contract to the regular meeting of March 25, 1985, with the Acting City Manager to report concerning the addition of a Conflict of Interest clause after review by the City Attorney. Request for Authorization of Additional Inspections by Building Inspector and Budget Adjustment for Same. (Continued from March 11, 1985). This agenda item was continued to the regular meeting of March 25, 1985 in conjunction with the proposed contract for the Building Inspector. Purchase of New Fire Department Pumper. (Request from Councilman Shaw for Reconsideration of Purchase of Telesquirt Unit). (Continued from March 11, 1985). Motion by Councilman Berg, second by Councilman Shaw, to authorize FMC -Van Pelt to proceed with Option No. 1 as contained in their letter of March 8, 1985, for the manufacture of the Class "A" pumper for the City of Beaumont. AYES: Councilmen Partain, NOES: None. ABSTAIN: None. ABSENT: Councilman Mitchell. Shaw, Berg and Mayor Russo. ADD ITEM - Appointment of Building Official. Motion by Councilman Berg, second by Councilman Partain, to appoint Ron Larson as the City of Beaumont Building Official. AYES: Councilmen Partain, NOES: None. ABSTAIN: None. ABSENT: Councilman Mitchell. Shaw, Berg and Mayor Russo. Page 1 Beaumont City Council March 18, 1985 6. ADD ITEM - Authorization to Employ Financial Consultant for Waste- water Treatment Plant #2. Motion by Mayor Russo, second by Councilman Berg, to employ Kadie- Jensen & Johnson as financial consultants on the financing of the Wastewater Treatment Plant #2. AYES: Councilmen Partain, Shaw, Berg and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: Councilman Mitchell. There being no further business to come before the Council, the meeting was adjourned at 7:40 P.M. Respe.,tfully submitted, y City Clerk Page 2 BEAUMONT CITY COUNCIL MINUTES OF MARCH 11, 1985 The Beaumont City Council met in a Regular Meeting at 7:38 P.M., Monday, March 11, 1985, in the City Council Chambers with Mayor Pro Tem Berg presiding. Boy Scout Troop 144 conducted a flag ceremony and led the Pledge of Allegiance to the Flag, after which the invocation was given by Doug McConnell, leader of Troop 144. On Roll Call the following Council Members were present: Partain, Shaw, Mitchell and Mayor Pro Tem Berg. Mayor Russo was excused. 1. ORAL COMMUNICATION: a. Mr. Scott Harris, the claimant scheduled as Agenda Item No. 7, requested to address the Council at this time due to the fact he is ill and did not wish to sit through the meeting. Mr. Harris presented his reasons for the claim, and also stated this sewer overflow had been a continuing problem for seven years and he would appreciate the City doing something about the basic problem. The Council advised Mr. Harris they would take his testimony into consideration when they reviewed the agenda item in its normal sequence. b. Ms. Vicky Contorno, President of the National Organization of Women, Palm Springs Chapter, presented a statement requesting an Environmental Impact Report on Westinghouse. C. Ms. Carolyn Toenjes of Palm Springs, representing the League of Women Voters, presented a statement requesting an Environ- mental Impact Report on Westinghouse. d. Ms. Dollie Irwin, Banning, California, read a statement from the Democratic Women's Association of the Desert, asking for an Environmental Impact Report on the Westinghouse facility. Ms. Irwin then read a letter asking who would be liable in the case of an accident at either Westinghouse or All Pure Chemical. 2. CONSENT CALENDAR: a. Approval of Minutes of Regular City Council Meeting of February 25, 1985. b. Acceptance of Minutes of Regular Planning Commission Meeting of February 19, 1985. C. Approval of Payment of Warrants as audited per Warrant List of March 11, 1985 and Payroll of February 21, 1985. d. Request for Budget Adjustment to Balance Accounts in Police Department. e. Request for Budget Adjustment to Cover Cost of Finance Officer Seminar. f. Request for Budget Adjustment g. Request for Budget Adjustment Office. h. Acceptance of Article 8 Local i. RESOLUTION NO. 1985 -06 - To C, for Planning and Public Works for 1983 -84 General Audit. to Cover Cost of New Council Transportation Fund Audit. Drrect and Clarify Fee Schedule Departments. Page 1 Beaumont City Council arch 11, 1985 j. RESOLUTION NO. 1985 -07 - Opposing Southern California Edison Request for Rate Increase. k. RESOLUTION NO. 1985 -08 - Approving Final Map for Tract 20442. 1. RESOLUTION NO. 1985 -09 - Accepting Temporary Road Easements and Providing for Recordation. M. RESOLUTION NO. 1985 -10 - Opposing Southern California Gas Request for Rate Increase. n. Permission for Officers Hackman and Cunningham to Attend Marksmanship Course Out of the Area. o. Report of Planning Commission Action at Meeting of March 5, 1985. At the request of Mayor Pro Tem Berg, Consent Calendar Item No. 2.m (Resolution No. 1985 -10) was removed from the consent calendar to be considered separately. At the request of Councilman Mitchell, Consent Calendar Item No. 2.c (Warrant List and Payroll) was removed from the consent calendar to be considered separately. Motion by Councilman Shaw, second by Councilman Partain, to approve Consent Calendar Items 2.a, b, d, e, f, g, h, i, j, k, 1, n and o, with Items 2.c and 2.m being considered separately. AYES: Councilmen Partain, Berg. NOES: None. ABSTAIN: None. ABSENT: Mayor Russo. Shaw, Mitchell and Mayor Pro Tem 2.c Approval of Payment of Warrants as audited per Warrant List of March 113, 1985 and Payroll of February 21, 1985. Motion by Councilman Partain, second by Councilman Shaw, to approve payment of warrants as audited per warrant list of March 11, 1985 and payroll of February 21, 1985. AYES: Councilmen Partain, NOES: Councilman Mitchell. ABSTAIN: None. ABSENT: Mayor Russo. Shaw and Mayor Pro Tem Berg. 2.m RESOLUTION NO. 1985 -10 - Opposing Southern California Gas Request for Rate Increase. Motion by Councilman Mitchell, second by Councilman Shaw, not to oppose Southern California Gas request for rate increase, thereby not adopting the resolution. AYES: Councilmen Shaw, Mitchell and Mayor Pro Tem Berg. NOES: Councilman Partain. ABSTAIN: None. ABSENT: Mayor Russo. 3. Presentation of 1983 -84 General Audit by Ernst & Whinney. Mr. James T. Mummert of Ernst & Whinney highlighted specific points in the 1983 -84 General Audit for the Council. 4. RESOLUTION NO. 1985 -05 - Recommending To The State of California and The California Youth and Correctional Agency the Location and Deve- lopment of a Correctional Facility in the Blythe Area. Motion by Councilman Shaw, second by Councilman Mitchell, to adopt Resolution No. 1985 -05. AYES: Councilmen Partain, Shaw and Mitchell. NOES: Mayor Pro Tem Berg. ABSTAIN: None. ABSENT: Mayor Russo. Page 2 ,eaumont City Council .,arch 11, 1985 5. Request for Authorization of Additional Inspections by Building Inspector and Budget Adjustment for Same. A motion by Councilman Partain, seconded by Councilman Shaw, which was amended by Councilman Mitchell was withdrawn by Councilman Partain and restated for the vote as follows: Motion by Councilman Partain, second by Councilman Shaw, to continue Agenda Item No. 5 until a building inspection contract can be brought before the Council for approval, with this contract to be prepared within a week, and an adjourned meeting set for March 18, 1985 for Council consideration of this contract and for the request for authori- zation for additional inspections and budget adjustment for same. AYES: Councilmen Partain, Berg. NOES: None. ABSTAIN: None. ABSENT: Mayor Russo. Shaw, Mitchell and Mayor Pro Tem 6. Consideration of Claim Filed by Mr. and Mrs. John Pascua, 1226 Pennsylvania Avenue for Damages Resulting from Sewer Back -Up. (Continued from February 25, 1985). Motion by Councilman Partain, second by Councilman Mitchell, to approve payment in the amount of $785.52 to Mr. and Mrs. John Pascua. AYES: Councilmen Partain, Berg. NOES: None. ABSTAIN: None. ABSENT: Mayor Russo. Shaw, Mitchell and Mayor Pro Tem 7. Consideration of Claim Filed by Mr. Scott Harris, 870 Michigan, for Damages Resulting from Sewer Back -Up. Motion by Councilman Mitchell to pay the claim DIED FOR LACK OF A SECOND. Motion by Councilman Partain, second by Councilman Shaw, to deny the claim of Mr. Scott Harris. AYES: Councilmen Partain, Shaw and Mayor Pro Tem Berg. NOES: Councilman Mitchell. ABSTAIN: None. ABSENT: Mayor Russo. 13. Taken Out of Sequence: Adjourn to Executive Session at 8:52 P.M. for: a. Confer with Attorney Regarding Pending Litigation pursuant to Government Code Section 54956.9(a). The title of the litiga- tion is Castellini vs City of Beaumont, et al., Case No. 83- 5074-CHH (Mcx). b. To consider personnel negotiations pursuant to Government Code Section 54957. The meeting was reconvened to Regular Session at 10:39 P.M. Let the record show action taken in Executive Session: In the pending litigation matter, Castellini vs City of Beaumont, no definitive action was taken. 14. After discussion of the personnel negotiation matter, it was the con - census of the Council to add it to the agenda of the adjourned meeting of March 18 for selection of the Council Members who will negotiate with the Employee Management Group. Page 3 - eaumont City Council _..arch 11, 1985 15. Request by Norman Davis for a Hearing (Skelly). Motion by Councilman Partain, second by Councilman Shaw, to allow Norman Davis a Public Hearing pursuant to Beaumont Municipal Code Section 2.12.070, date for hearing to be set for March 25, 1985, at 8:00 P.M. AYES: Councilmen Partain, Shaw, Mitchell and Mayor Pro Tem Berg. NOES: None. ABSTAIN: None. ABSENT: Mayor Russo. 16. Request from Acting City Manager re: Compensation. Motion by Councilman Partain, second by Councilman Shaw to approve a 25% pay adjustment, retroactive to February 20, 1985, for Michael Duersch effective for the length of time he serves as Acting City Manager. AYES: Councilmen Partain, Shaw and Mayor Pro Tem Berg. NOES: Councilman Mitchell. ABSTAIN: None. ABSENT: Mayor Russo. 8. Consideration of Adoption of Negative Declaration 85 -ND -1. Applicant: Beaumont Swap Meet. Location: 412 Minnesota. Motion by Councilman Partain, second by Councilman Mitchell, to adopt Negative Declaration 85 -ND -1 subject to the Conditions of Approval. AYES: Councilmen Partain, Shaw and Mitchell. NOES: Councilman Berg. ABSTAIN: None. ABSENT: Mayor Russo. 9. Request from Councilman Shaw for Reconsideration of Purchase of Telesquirt Unit for Fire Department. This agenda item was continued to the next regular meeting at the request of Councilman Shaw. 10. Request for Authorization to Purchase 1985 Dodge Diplomat for New Police Unit and Budget Adjustment for Same. Motion by Councilman Mitchell, second by Councilman Shaw, to approve request for authorization to purchase 1985 Dodge Diplomat for New Police Unit and Budget Adjustment for Same. AYES: Councilmen Partain, Shaw, Mitchell and Mayor Pro Tem Berg. NOES: None. ABSTAIN: None. ABSENT: Mayor Russo. 11. Report: Bids Received for Materials Storage Building. This agenda item was referred back to staff for reconsideration and design. 12. Report: Financial Services for Wastewater Treatment Plant #2. This agenda item was continued to March 25, 1985 for more information. There being no further business to come before the Council, the meeting was adjourned to 6:30 P.M. on Monday, March 18, 1985, in the City Council Chambers. The meeting was adjourned at 10:53 P.M. Respectfully submitted, Page 4 BEAUMONT CITY COUNCIL MINUTES OF MARCH 5, 1985 (Adjourned from February 25, 1985) 1. The Beaumont City Council met in an Adjourned Meeting at 6:04 P.M., the meeting having been adjourned from February 25, 1985, in Room 5, Beaumont Civic Center, with Mayor Russo presiding. 2. On Roll Call the following Council Members were present: Partain, Shaw, Berg and Mayor Russo. Councilman Mitchell arrived at 6:15 P.M. and participated in the meeting thereafter. 3. Presentation by Vincent Frasca of J. F. Davidson Associates, Re- garding Wastewater Treatment Plant #2 and Interceptor Sewer Project (Status Report, Cost Estimates, Proposed Schedule, Final Plans and Financing Options). A presentation was given by Vincent Frasca regarding the proposed Jack Rabbit Trail Wastewater Treatment Plant (Wastewater Treatment Plant #2), during which he explained the final design, the proposed schedule for implementation and the cost estimates for both the plant and the interceptor sewer line. At the conclusion of the presentation, Mr. Frasca answered questions from the Council and the audience. The total project cost including both the treatment plant and the interceptor sewer line is estimated to be $2,370,000. Mr. Frasca indicated if authorization to go to bid were received tonight, the plant would be essentially complete by May 20, 1986 (if the proposed schedule were met) with the plant in full operation by June 1986. Motion by Councilman Mitchell, second by Councilman Shaw, to auth- orize advertising for bids, with the stipulation that all bidders be advised it is subject to determination of the Court as to the requirement for a full E.I.R. After further discussion concerning the ramifications of including the stipulation when going out to bid, Councilman Shaw withdrew his second of Councilman Mitchell's motion. MOTION DIED FOR LACK OF A SECOND. Councilman Mitchell was excused at 6 :50, returning to his chair at 6:55 P.M. It was the concensus of the Council that Agenda Item No. 4, having to do with financing of the plant, should now be considered, with a return to Agenda Item No. 3 after the discussion regarding the financing options. 4. Report: Financial Services for Wastewater Treatment Plant #2. There was discussion concerning the funds available in the sewer construction fund, the possible financial options available and the need for a financial consultant to advise the City concerning these options. The Finance Director advised there is $1,339,372.97 in the sewer construction fund as of January 1985. In answering a question from Councilman Mitchell, the Finance Director stated there is $53,000 in a reserve fund for operation and maintenance of the existing sewer plant and lines, which is separate from the sewer construction fund. It was further clari- fied that the funds for repair and replacement of existing sewer lines and plant comes from the sewer service fees, while the funds for construction of a new plant comes from the sewer connection Page 1 Beaumont City Council March 5, 1985 fees. The maintenance and operation of the existing plant and lines and the construction of a new sewer plant are two entirely separate issues. Councilman Mitchell asked to be excused at 7:10 in order to attend the Planning Commission meeting in progress, returning to his chair at 7 :20 P.M. The Acting City Manager was directed to prepare a list of possible financial consultants and solicit proposals from them for presenta- tion to the Council at their regular meeting set for March 11, 1985. The Council then returned for further consideration of Agenda Item No. 3. Motion by Councilman Berg, second by Councilman Partain, to authorize advertisement for bid on Wastewater Treatment Plant #2 without any conditions. AYES: Councilmen Partain, Shaw, Berg and Mayor Russo. NOES: Councilman Mitchell. ABSTAIN: None. ABSENT: None. There being no further business to come before the Council, on motion by Councilman Berg, second by Councilman Partain, the meeting was adjourned at 7:25 P.M. Res ectfully submitted, i' LP, i De ty City Clerk Page 2 BEAUMONT CITY COUNCIL MINUTES OF FEBRUARY 25, 1985 The Beaumont City Council met in a regular meeting at 7:32 P.M., Monday, February 25, 1985, in the City Council Chambers, with Mayor Russo presiding. The Invocation was given by Councilman Berg. The Pledge of Allegiance to the Flag was led by Councilman Shaw. On Roll Call the following Council Members were present: Partain, Shaw, Berg, Mitchell and Mayor Russo. 1. ORAL COMMUNICATION: a. Mr. Steven Olivares, Chairman of the General Employees Group of the City of Beaumont, addressed the Council requesting that the City commence negotiations with the General Employees Group at the earliest date. Replying to a question from the Council, Mr. Olivares stated PERC had not yet been contacted regarding the General Employees' request. Mr. Olivares was advised the official notification of intent to negotiate should come to the Council through their PERC repre- sentative. 2. CONSENT CALENDAR: a. Approval of Minutes of Regular Council Meeting of February 11, 1985, Adjourned Council Meeting of February 13, 1985 and Ad- journed Council Meeting of February 19, 1985. b. Acceptance of Minutes of Regular Planning Commission Meeting of January 15, 1985. C. Approval of Warrants as audited per Warrant List of February 25, 1985, and Payroll of February 7, 10-85. d. Approval of Payment of Warrant for Assessment District 1983 -01, in the amount of $2,452.50. (Pay Request No. 4). e. Contract Change Order No. 1 - Balancing - Assessment District 1983-01. f. Engineer's Certification of Completion - Sewer Line Construction - Assessment District 1983 -01. g. Notice of Completion for Recordation - Sewer Line Construction - Assessment District 1983 -01. h. Authorization for Payment of Pay Request No. 5, Assessment District 1983 -01, in the amount of $30,837.60. To Be Paid 35 Days after Recordation of Notice of Completion. i. RESOLUTION NO. 1985 -03 - Payment of Bond Counsel - Assessment District 1983 -01. j. Request for Budget Adjustment - CalTrans Freeway Lighting Main- tenance Agreement. k. Vehicle Reassignment to Public Works Department. 1. Report of Planning Commission Action - February 19, 1985. Page 1 3. W b,aumont City Council February 25, 1985 M. RESOLUTION NO. 1985 -04 - Supporting and Recommending the Amendment of Insurance Code Section 533, Evidence Code Section 352 and Government Code Sections 825 and 990 as they Concern Punitive Damages. Motion by Councilman Berg, second by Councilman Shaw, to approve Consent Calendar Items (a) through (m). AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. Report: Financial Services for Wastewater Treatment Plant #2. Motion by Councilman Mitchell, second by Councilman Partain, to continue this agenda item to an adjourned meeting to be set for March 5, 1985 to be heard jointly with Agenda Item No. 7. AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. Request to Bid Block Retaining Wall at City Lot on Orange Street. Motion by Councilman Mitchell, second by Councilman Berg, to deny the request to bid a block retaining wall at the city lot on Orange Street. AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. Appointment of Planning Commissioners to Fill Two Vacancies on Planning Commission. Motion by Councilman Mitchell, second by Councilman Shaw, to appoint Patricia Burton to the Planning Commission. AYES: Councilmen Partain, NOES: Councilman Berg. ABSTAIN: None. ABSENT: None. Shaw, Mitchell and Mayor Russo. Motion by Councilman Shaw, second by Councilman Mitchell, to appoint Kenneth Althaus to the Planning Commission. AYES: Councilmen Shaw and Mitchell. NOES: Councilmen Partain, Berg and Mayor Russo. ABSTAIN: None. ABSENT: None. MOTION FAILED. Motion by Councilman Berg, second by Councilman Partain, to appoint Cole Jackson to the Planning Commission. AYES: Councilmen Partain, Berg and Mayor Russo. NOES: Councilmen Shaw and Mitchell. ABSTAIN: None. ABSENT: None. Page 2 B imont City Council February 25, 1985 Motion by Councilman Mitchell, second by Councilman Partain, that the votes on the foregoing nominations be changed to unanimous. It was a consensus of the Council that the votes on both nominations would be unanimous. 6. Appeal Filed by Redlands Federal Savings and Loan - Denial of Encroachment Permit. The Council received input from Phillip R. Broderick, representing Redlands Financial Services, Inc. and from the City Engineer, Gary Phelps. Motion by Councilman Berg, second by Councilman Mitchell, to allow the encroachment permit. AYES: Councilmen Partain, Berg, Mitchell and Mayor Russo. NOES: Councilman Shaw. ABSTAIN: None. ABSENT: None. 7. Consideration of Adjournment of Meeting to Certain Date to Allow Vince Frasca, J. F. Davidson Associates to Give Presentation Con- cerning Wastewater Treatment Plant #2 Specifications and Cost Estimates. The date of Tuesday, March 5, 1985 was set for an adjourned meeting for the purpose of hearing Mr. Frasca's presentation and to discuss financial services for Wastewater Treatment Plant #2. 8. Authorization for Mayor Russo to be Absent from the State for a Period of Ninety Days. Motion by Councilman Shaw, second by Councilman Mitchell, to grant permission for Mayor Russo to be absent from the State for a period of ninety days. AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. 9. Request by Mr. and Mrs. John Pascua for Reimbursement for Damages Resulting from a Sewer Blockage. Motion by Councilman Shaw to grant the request as submitted and as recommended by Larry Laws. DIED FOR LACK OF A SECOND. This agenda item was continued to the regular meeting of March 11, 1985 for further clarification of the cost of damages claimed. 10. The meeting was adjourned to Executive Session at 8:32 P.M. to con- sider a personnel matter pursuant to Government Code Section 54957. The meeting was reconvened to Regular Session at 10:01 P.M. Let the record show action will be taken as a result of discussion in Executive Session. 11. Termination of City Manager. Motion by Councilman Partain, second by Councilman Berg, to terminate Norman Davis as City Manager pursuant to City Ordinance 2.12.070, to be effective March 31, 1985; severance pay under the employment con- tract with Mr. Davis to be paid quarterly as follows: the payment for the first quarter to be paid on April 1, 1985, payment for the second quarter on October 1, 1985, payment for each quarter thereafter to be made on the last day of each quarter; payment will be subject to prior submission of satisfactory evidence regarding earned income during that period of time by Mr. Davis. Page 3 E umont City Council February 25, 1985 AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. Mayor Russo made a public announcement that the Council will proceed with notice that the position of City Manager is available, declaring a salary range of $30,000- 40,000 a year, they will consider resumes as they are received and when sufficient have been received will start the interviewing process. He further stated it is the intention of the City Council to fill the position at the earliest possible date, but that the applicants would be scrutinized very thoroughly before a final decision was made. There being no further business to come before the Council, the meeting was adjourned to 6:00 P.M., on Tuesday, March 5, 1985. The meeting was adjourned at 10:30 P.M. Respectfully submitted, Irene Jqc4J Sweeney, Cit ir lerk Page 4 BEAUMONT CITY COUNCIL MINUTES OF ADJOURNED MEETING OF FEBRUARY 19, 1985 The Beaumont City Council met in an Adjourned Meeting at 5:32 P.M., on Tuesday, February 19, 1985, in the City Council Chambers. On Roll Call the following Council Members were present: Partain, Shaw, Berg, Mitchell and Mayor Russo. 1. The meeting was adjourned to Executive Session at 5:45 P.M. to consider a personnel matter pursuant to Government Code Section 54957. The meeting was reconvened to Regular Session at 7:25 P.M. Let the record show the discussion in Executive Session pertained to the employment of the City Manager. As a result of this dis- cussion, the following action will be taken. On Motion by Councilman Berg, second by Councilman Partain, the City Council of the City of Beaumont directs Mr. Davis be placed on immediate indefinite suspension, with full pay and benefits. This is not, at this time, to be considered the removal of the City Manager, nor are we asking for his resignation. AYES: Councilmen Partain, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. The City Clerk was directed to prepare a Minute Order and letter to the City Manager to be delivered tonight, with the Acting City Manager, Michael Duersch to also be notified tonight. There being no further business to come before the Council, the meeting was adjourned at 8:05 P.M. on motion by Councilman Shaw, second by Councilman Mitchell, with a unanimous vote. Respectfully submitted, I ENE JO E SWEENEY, CITY ERK BEAUMONT CITY COUNCIL MINUTES OF ADJOURNED MEETING OF FEBRUARY 13, 1985 (Adjourned from February 11, 1985) The Beaumont City Council met in an Adjourned Meeting at 7:30 P.M., on Wednesday, February 13, 1985, in the City Council Chambers, with Mayor Pro Tem Russo calling the meeting to order. The Invocation was given by Reverand George Kreiger, 1st Christian Church. The Pledge of Allegiance to the Flag was led by Councilman Mitchell. Mayor Pro Tem Russo then turned the meeting over to the Deputy City Clerk. 1. An Order of the City Clerk of the City of Beaumont, California Reciting the Fact of the Special Municipal Election Held in Said City on February 5, 1985, Declaring the Results Thereof, and Such Other Matters as Provided by Law was read into the record in its entirety by the Deputy City Clerk. Let the record show that Jim Partain, Roger Berg and Fred Shaw were elected as Members of the City Council for unexpired terms ending November, 1985. 2. The Deputy City Clerk then issued Certificates of Election and ad- ministered the Oath of Allegiance to the newly elected Council Members, after which the Council Members assumed their seats on the Council. 3. On Roll Call the following Council Members were present: Partain, Shaw, Berg, Mitchell and Russo. 4. Nominations for Mayor were opened by the Deputy City Clerk. Councilman Jim Partain was nominated by Councilman Mitchell to serve as Mayor. Councilman Partain expressed his appreciation for the nomination by Councilman Mitchell, but stated that being very new as a Council Member he felt it would be a mistake for him to accept the position of Mayor at this time, and respectfully declined the nomination for Mayor. Councilman Matt Russo was nominated by Councilman Berg to serve as Mayor. Councilman Fred Shaw was nominated by Councilman Mitchell. Councilman Shaw declined the nomination due to his involvements in programs for the elderly and transportation, feeling that.serving as Mayor would make it necessary for him to delete his involvement in these areas and he thought they were too important. Councilman Shaw then nominated Councilman Mitchell to serve as Mayor. There being no other nominations, the nominations were closed, and the vote was taken for Councilman Russo, with Councilmen.Partain, Berg and Russo voting yes, Councilmen Shaw and Mitchell voting no. The vote was then taken for Councilman Mitchell, with Councilmen Shaw and Mitchell voting yes and Councilmen Partain, Berg and Russo voting no. With a majority of the vote, Councilman Russo was declared Mayor and assumed his chair. Page 1 Beaumont City Council February 13, 1985 After a brief statement by Mayor Russo, Councilmen Mitchell and Shaw changed their vote to yes, making the vote unanimous for Mayor Russo. 5. Nominations for Mayor Pro Tem. Mayor Russo opened the nominations for Mayor Pro Tem. Councilman Berg was nominated by Mayor Russo and Councilman Mitchell was nominated by Councilman Shaw. There being no further nominations, the nominations were closed by Mayor Russo, and a roll call vote taken. With Councilmen Partain, Berg and Mayor Russo voting yes, Councilmen Shaw and Mitchell voting no, Councilman Berg was declared Mayor Pro Tem by a majority of the vote. 6. ORAL COMMUNICATION: a. Councilman Mitchell read a statement concerning political signs taken from legal notes of Western Cities which indicated that cities could ban political signs from public property without violating constitutional rights of free expression. It was the consensus of the Council, to refer this item to the City Attorney to review and if possible to amend or change the Ordinance to address this issue and submit a draft for the Council's review. b. Mr. Larry Gordon, 1284 Pennsylvania, addressed the Council asking if anyone wishing to speak could speak to any item they wished to speak to rather than waiting until a particular agenda item was considered. After lengthy discussion, it was stated it had been the policy of the Council to accept input from the public when an agenda item is discussed, and at that time determine whether input would be accepted. Mr. Gordon then asked if he could be assured he would be allowed to speak at that time and if not he would insist he be allowed to speak at this time. Mayor Russo further stated the chair would not make that decision, could not make that decision, without the concensus of the Council. C. Mrs. Ann Connors, 813 Elm, addressed the Council asking specific questions concerning the employment of the City Manager , and asking for clarification of the interpretation of misconduct. Mrs. Connors submitted her complete statement in writing to each of the Council Members. Although a copy was not given to the City Clerk for the record, her statement is a matter of record on the tape of the meeting. 7. CONSENT CALENDAR: a. Approval of Minutes of Regular Council Meeting of January 28, 1985. b. Approval of Warrants as audited per Warrant List of February 1131 1985, in the amount of $71,881.74; and Payroll of January 24, 1985, in the amount of $30,699.04. C. Request for Budget Adjustment - Paving Costs for Fuel Dispen- sing System. d. Request for Budget Adjustment - Funding for Additional Animal Control Vehicle. Motion by Councilman Shaw, second by Councilman Berg, to approve Consent Calendar Items (a) through (d). AYES: Councilmen Partain, Shaw, Berg and Mayor Russo. NOES: Councilman Mitchell. ABSTAIN: None. ABSENT: None. Page 2 B, amont City Council February 13, 1985 Mr. Kenneth Althaus called the Council's attention to the fact he was not recognized under oral communication and requested to speak at this time. Mr. Althaus verbally requested consideration for appointment to the Planning Commission and submitted his written application. 8. Appointment of Two Council Members to Serve on Finance Committee, for the Purpose of Audit and Signing of Warrants and Payroll. 9. Appointment of One Council Member to Audit and Sign Assessment District Warrants. Motion by Mayor Russo, second by Councilman Berg, to nominate Council- men Partain and Shaw to serve on a Finance Committee for the purpose of (1) audit and signing of warrants and payroll; and (2) audit and sign Assessment District Warrants. AYES: Councilmen Partin, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. 10. Appointment of Representative and Alternate to Serve on Riverside Transit Agency Commission. Motion by Mayor Russo, second by Councilman Partain, to appoint Councilman Shaw as representative on the Riverside Transit Agency Commission, with John Swoda to serve as alternate. AYES: Councilmen Partin, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. 11. Request from Councilman Russo for Consideration of New Distribution Schedule for Council Agenda Packets and Mandatory Department Head Attendance at Council Meetings. Motion by Councilman Partain, second by Councilman Shaw, that agenda packets will be distributed to the Council three working days prior to a Council meeting , with complete agenda packets being distribu- ted to the Beaumont District Library, Beaumont Chamber of Commerce, Beaumont - Cherry Valley Water District and the City Manager's Office, with all Department Heads required to attend each study session and Council Meeting, the foregoing all to be on a two month trial basis. AYES: Councilmen Partain, NOES: Councilman Mitchell. ABSTAIN: None. ABSENT: None. Shaw, Berg and Mayor Russo. 12. All Pure Chemical Company. (Continued from January 28, 1985) a. Report from Riverside County Health Department. b. Consideration of Negative Declaration 84- ND -34. C. Consideration of Site Plan 84- SP -13. It was the concensus of the Council they needed more information and more input from the people, and did not wish to consider a Negative Declaration and Site Plan at this time. The proponent speaking to this issue was Mr. Larry Hood, All Pure Chemical Company. Mr. Hood gave information concerning the proposed plant and answered questions from the Council and the audience. Opponents speaking to this issue were Mr. Larry Gordon, Mr. Martin Young, Ms. Carolyn Toenjes and Mr. Robert Wilson. Ms. Juanita Howlett also addressed the Council, speaking neither for or against the issue. Mr. Earl Tuntlund, representing the Riverside County Health Department, Page 3 13. 14. 15. L umont City Council February 13, 1985 read the Health Department report into the record in its entirety. He then answered questions from the Council. All testimony is a matter of record on the tape of this meeting and is available for review if desired. Motion by Councilman Partain, second by Councilman Mitchell, to direct that a focused EIR be prepared, focused at the seven questions as outlined in the County Health Department report, with the cost of the EIR to be paid for by All Pure Chemical Company. AYES: Councilmen Partain and Mitchell. NOES: Councilmen Shaw, Berg and Mayor Russo. ABSTAIN: None. ABSENT: None. MOTION FAILED. Motion by Councilman Berg, second by Mayor Russo, to refer this matter back to the Planning Commission for their reconsideration and public input and that the Planning Director be directed to look at the seven items laid out in the report from the County Health Department, and also that the Fire Department re- evaluate the requirements for the chemical plant and that Building and Safety be contacted so far as earthquake standards, with their report given to the Planning Commission for their recommendation. After additional input from the Council, Mayor Russo withdrew his second and the motion died for lack of a second. Motion by Councilman Berg, second by Councilman Mitchell, to request a full Environmental Impact Report including the seven items listed in the report from the County Health Department, with the cost to be paid for by All Pure Chemical Company. AYES: Councilmen Partain, NOES: Councilman Shaw. ABSTAIN: None. ABSENT: None. Berg, Mitchell and Mayor Russo. Request from Mrs. Edith Stokely for Reimbursement for Cleaning Expenses Due to Sewer Back -Up. Motion by Councilman Berg, second by Councilman Mitchell, to approve reimbursement to Mrs. Edith Stokely in the amount of $45.00. AYES: Councilmen Partin, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. Request from Mr. and Mrs. Don Hinze for Reimbursement for Cleaning Expenses Due to Sewer Back -Up. (Continued from December 10, 1984). Motion by Councilman Mitchell, second by Councilman Shaw, to approve reimbursement to Mr. and Mrs. Don Hinze in the amount of $40.00. AYES: Councilmen Partin, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. Request from Mr. and Mrs. Joe Vrzal for Reimbursement for Cleaning Expenses Due to Sewer Back -Up. Motion by Councilman Mitchell, second by Councilman Shaw, to approve reimbursement to Mr. and Mrs. Joe Vrzal in the amount of $125.00 on the understanding no further reimbursements will be paid at this location. AYES: Councilmen Partain, Shaw and Mitchell. NOES: Councilman Berg and Mayor Russo. ABSTAIN: None. ABSENT: None. Page 4 F umont City Council February 13, 1985 16. Report: Financial Services for Wastewater Treatment Plant #2. This agenda item was continued to the regular meeting of February 25, 1985. 17. Request to Bid Block Retaining Wall at City Lot on Orange Street. (Continued from January 14, 1985). This agenda item was continued to the regular meeting of February 25, 1985. 18. The meeting was adjourned to Executive Session at 10:09 P.M.: a. To Consider Personnel Matters, said matters to concern negotiations Relative to Employee Salaries Pursuant to Government Code Section 54957.6. b. To Confer with Attorney Regarding Pending Litigation which has been Initiated Formally and to Which the City is a Party. The title of the litigation is Castellini vs City of Beaumont, Case No. 83 5074 CHH (Mcx), Pursuant to Government Code Section 54956.9(a). The meeting was reconvened to regular session at 10:41 P.M. Let the record show that items (a) and (b) under 18 were discussed and that no definitive action was taken and reports were received. 19. Assignment of Office Space for Council Members. Motion by Councilman Partain, second by Councilman Berg, to approve the assignment of office space for Council Members with direction to the City Manager to clear the office space and provide it with a desk and anything else needed. AYES: Councilmen Partain, Shaw, Berg and Mayor Russo. NOES: None. ABSTAIN: Councilman Mitchell. ABSENT: None. 20. Setting Date and Time to Review Status of Employment of City Manager. Motion by Councilman Berg, second by Councilman Shaw, to adjourn this meeting to 5:30 P.M., on Tuesday, February 19, 1985, for continued discussion on Agenda Item 20. AYES: Councilmen Partin, Shaw, Berg, Mitchell and Mayor Russo. NOES: None. ABSTAIN: None. ABSENT: None. There being no further business to come before the Council, the meeting was adjourned to 5:30 P.M., on Tuesday, February 19, 1985, in the City Council Chambers, at 11:00 P.M. Reapectfully submitted, uty City Cler Page 5 BEAUMONT CITY COUNCIL MINUTES OF FEBRUARY 11, 1985 The meeting of the Beaumont City Council was called to order by City Clerk Irene Joyce Sweeney at 7:30 P.M. There being no quorum present, the meeting was adjourned to Wednesday, February 13, 1985, at which time newly elected Council Members will be administered the Oath of Allegiance, issued Certificates of Election, assume their seats on the City Council, and proceed with the Council agenda. The meeting was adjourned at 7:32 P.M. Respectfully submitted, BEAUMONT CITY COUNCIL MINUTES OF JANUARY 28, 1985 The Beaumont City Council met in a regular meeting at 7:30 P.M., Monday, January 28, 1985, in the City Council Chambers, with Mayor Thompson presiding. The Invocation was given by Pastor Bob Whited. The Pledge of Allegiance to the Flag was led by Councilman May. On Roll Call the following Council Members were present: Lowry, May, Russo, Mitchell and Mayor Thompson. 1. ORAL COMMUNICATION: a. Mr. Tom Parker and Mr. Jim Melvin, from the Valley Mobile Home Park, addressed the Council concerning the status of petitions asking for the Mobile Home Rent Review Commission to review a rate increase dispute between the park management and the mobile homeowners. Mr. Melvin was asked to determine who brought the petition in, and to whom it was given at the City. 2. CONSENT CALENDAR: a. Approval of Minutes of Regular Council Meeting of January 14, 1985. b. Acceptance of Minutes of Regular Planning Commission Meeting of January 8, 1985. C. Approval of Payment of Warrants as audited per Warrant List of January 28, 1985, in the amount of $42,731.70; and Payroll of January 10, 1985, in the amount of $30,784.19. d. Approval of Payment of Warrants for Assessment District 1983 -01, in the amount of $55,776.78. e. Request of Officer Bill Frazer that City Provide Legal Counsel in Carnahan vs City of Beaumont, et al. f. Request for Budget Transfer - Pre - Employment Medical Exams. g. Report of Planning Commission Action at Meeting of January 15, 1985. Motion by Councilman Lowry, second by Councilman Russo, to accept Consent Calendar Items 2.a through 2.g. AYES: Councilmen Lowry, May, Russo and Mayor Thompson. NOES: Councilman Mitchell. ABSTAIN: None. ABSENT: None. 3. All Pure Chemical Company: a. Request by Mayor Thompson for Reconsideration of Negative Declaration 84- ND -34. b. Consideration of Site Plan 84 -SP -13 as amended. Motion by Councilman Russo, second by Councilman May, to grant reconsideration of Negative Declaration 84- ND -34. AYES: Councilmen Lowry, May, Russo and Mayor Thompson. NOES: Councilman Mitchell. ABSTAIN: None. ABSENT: None. Page 1 eaumont City Council January 28, 1985 Mr. John Fanning, Director of Environmental Health, Riverside County, addressed the Council stating their department received the pertin- ent information concerning this matter on January 23, 1985 for review, and they would need a two week continuance in order to give the City the Health Department's comments. Motion by Councilman Mitchell to set this issue over for thirty days DIED FOR LACK OF A SECOND. Motion by Councilman Mitchell, second by Councilman Lowry, to set this issue over for fifteen days. AYES: Councilmen Lowry, May and Mitchell. NOES: Councilman Russo and Mayor Thompson. ABSTAIN: None. ABSENT: None. 4. Request by Inland Disposal for Increase in Rubbish Service Rates. Motion by Councilman Russo, second by Councilman Lowry, to grant the request of Inland Disposal. AYES: Councilmen Lowry, May, Russo, Mitchell and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 5. Motion by Councilman Lowry, second by Councilman Russo, to accept the work of Cal Petro as full and complete and authorize final payment on February 21, 1985. AYES: Councilmen Lowry, May, Russo, Mitchell and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 6. PUBLIC HEARING - 8:00 P.M. - Change of Zone 84 -RZ -6. Applicant: Thomas Shelton. Location: Southeast Corner of Beaumont Avenue and Cougar Way. The Public Hearing was opened at 8:05 P.M. Mr. Ron Larson, Planning Director, summarized the request for change of zone as applied for by the applicant. There was no one in the audience speaking in opposition to the change of zone. Mr. Thomas Shelton spoke as the proponent for this change of zone. The Public Hearing was closed at 8:25 P.M. Motion by Councilman Lowry, second by Councilman Russo, to approve Negative Declaration 84- ND -31; approve Zone Change 84 -RZ -6 with an ordinance to be adopted changing the zoning from R -3 to RMH; and directing that the developer shall submit engineered plans reflecting changes in alignment and design for Orange Avenue and Beaumont Avenue for review and approval of the City Engineer for subsequent amendment of the Circulation Element and Specific Plan on Beaumont Avenue, such engineering plans and approvals shall be required prior to issuance of building permits. AYES: Councilmen Lowry, May, Russo, Mitchell and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Page 2 7. go a 10. Beaumont City Council January 28, 1985 Public Input on 11th Year Community Development Entitlement Funds. Mrs. Ann Connors, 813 Elm, addressed the Council asking if these funds covered street signs, and was advised they would not qualify. Mr. Cole Jackson, 1280 Beaumont Avenue, addressed the Council suggesting projects for these entitlement funds as follows: 1. Temporary walk ways along the stretches of unimproved land between Michigan Avenue and the eastern boundary of the shopping center at 14th and Beaumont Avenue, on the north side of the street. This walk way to be a temporary walk way of inexpensive design to be re- placed when permanent improvement of subject property is made. 2. Cherry Valley - Beaumont Water District is planning, in the next few years, a connecting line along Beaumont Avenue tieing together existing north -south lines with an east -west lateral. It is recommended that the City consider putting in fire plugs in conjunction with the water district project. After accepting the recommendations from the public for future con- sideration no definitive action was taken by the Council at this time. Consideration of Recommendation of Purchasing Officer to Amend the Purchasing Rules. Motion by Councilman Russo, second by Councilman Lowry, to accept the recommendation of the Purchasing Officer to amend purchasing rules. AYES: Councilmen Lowry, May, Russo, Mitchell and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Consideration of Recommendation of Personnel Officer for Reclassi- fication of Employees. Motion by Councilman Russo, second by Councilman Lowry, to accept the recommendation of the Personnel Officer for reclassification of employees and approve adoption of the job descriptions for the two categories. AYES: Councilmen Lowry, May, Russo and Mayor Thompson. NOES: Councilman Mitchell. ABSTAIN: None. ABSENT: None. Encroachment Permits as Relating to Signs. Councilman Mitchell addressed the Council and the audience regarding this agenda item. Mr. Ken Smith, 814 Maple, addressed the Council stating he would like to see the City cleaned up and felt the ordinances should be en- forced. Mr. Cole Jackson, 1280 Beaumont Avenue, addressed the Council stating he was interested in the enforcement of the ordinance so long as it is administered without guile or prejudice. He announced his inten- tion to accede to the desires of the Council and that he had never wanted to become embroiled in a dispute such as this. That he had checked with administrative authorities in the City every step of the way and complied as requested. He further stated it was evident that the present ordinance is inadequate and that a uniform sign code should be established but that diligent care should be taken so the ordinance would not abridge any citizen's constitutional rights, and was fair, just and uniformly enforced. Page 3 11. .eaumont City Council January 28, 1985 Motion by Councilman Mitchell that the City eliminate the encroach- ment ordinance completely from the books, and that the City not enforce any violation of our safety standards, or poles or trees, by anyone who wants to place their signs with their electrical connections even to the danger of little children walking past. DIED FOR LACK OF A SECOND. Motion by Councilman Mitchell to issue misdemeanor citations, as were recommended by the City Attorney, and follow his letter of January 21 giving the procedure, and follow the law, issue a citation, have the party who was cited come in and apply for an encroachment permit following the letter of the law DIED FOR LACK OF A SECOND. ORDINANCE NO. 608 - Second Reading - Amending Municipal Code Section 17.12.400, To Require Off -Site Improvements in Residential Areas. Motion by Councilman Lowry, second by Councilman Russo, to table this ordinance. AYES: Councilmen Lowry, Thompson. NOES: None. ABSTAIN: None. ABSENT: None. May, Russo, Mitchell and Mayor 12. Appeal Filed by Ruben H. Manzanares of Planning Commission Decision Regarding Off -Site Improvements. Motion by Councilman Russo, second by Councilman Lowry, to deny the appeal filed by Ruben H. Manzanares subject to the implemen- tation of Ordinance No. 590. AYES: Councilmen Lowry, May, Russo and Mayor Thompson. NOES: Councilman Mitchell. ABSTAIN: None. ABSENT: None. There being no further business to come before the Council, the meeting was adjourned at 9:17 P.M. Respectfully submitted, Page 4 BEAUMONT CITY COUNCIL MINUTES OF JANUARY 14, 1985 The Beaumont City Council met in a regular meeting at 7:36 P.M., Monday, January 14, 1985, in the City Council Chambers with Mayor Thompson pre- siding. The Invocation was given by Pastor Don Sullivan. 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. ORAL COMMUNICATION: a. Mr. Kenneth Althaus, 291 Dale Street, addressed the Council asking why the City was allowing political signs to be posted all over town. Mr. Althaus was informed that it had been determined that any prohibition on political signs would be an infringement on free speech (Supreme Court decision in the case of Vincent vs City of Los Angeles) and, as a result, the City had not done anything to mitigate a citizen's complaint about political signs. So far as the utility poles were concerned that would be up to the utility companies to remove the signs. The City Attorney was directed to research the question and submit a legal opinion for distribution to the candidates by Wednesday, January 16. 2. CONSENT CALENDAR: a. Approval of Minutes of Council Meeting of December 20, 1984. b. Approval of Payment of Warrants as audited per Warrant List of January 14, 1985, in the amount of $188,657.39; and Payroll of December 27, 1984, in the amount of $319889.56. C. ORDINANCE NO. 590 - Second Reading - Amending Title 17 of the Municipal Code in its Entirety, Providing New Land Use Planning and Zoning Regulations, Affixing New Zoning Designations to all Properties within the City of Beaumont, Adoption of Official Map Reflecting Same, and Repealing All Previously Adopted Provisions of Title 17 and Ordinance No. 490. d. ORDINANCE NO. 614 - Second Reading - Adding to Municipal Code Section 12.12.160, to Allow for a Waiver of Fees for Non - Profit Public Utilities District. e. RESOLUTION NO. 1985 -01 - Rescinding Resolution No. 1984 -71 and Opposing the 1985 Rate Increase Request Submitted by General Telephone of California to the Public Utilities Commission. f. Report: Public Meeting for Citizen Input for Use of 11th Year Entitlement Funds. g. Report from City Attorney re: Use of City- Owned'Property by Public. h. Report of Planning Commission Action at Meeting of January 8, 1985. Page 1 Beaumont City Council January 14, 1985 Motion by Councilman Russo, second by Councilman Lowry, to adopt Consent Calendar Items 2.a through 2.h after hearing the verbal report from the City Attorney on Item 2.g. AYES: Councilmen Lowry, May, Russo, Mitchell and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 3. ORDINANCE NO. 608 - Second Reading - Amending Municipal Code Section 17.12.400, to Require Off -Site Improvements in Residential Areas and to Permit Agreements for the Provision of Future Off -Site Improvements. Motion by Councilman Mitchell, second by Councilman Russo, to adopt Ordinance No. 608 at its second reading by reading of the title only. AYES: Councilmen Russo NOES: Councilmen Lowry, ABSTAIN: None. ABSENT: None. MOTION FAILED. and Mitchell. May and Mayor Thompson. Motion by Councilman Lowry, second by Councilman May, to pass Ordinance No. 608 as a first reading with Section A.2 deleted in its entirety, with all other portions of the Ordinance remaining as is, by reading of title only. The Ordinance was read by title only by the City Clerk. AYES: Councilmen Lowry, May and Mayor Thompson. NOES: Councilmen Russo and Mitchell. ABSTAIN: None. ABSENT: None. 4. Appeal Filed by Mr. and Mrs. Ruben H. Manzanares of Planning Commission Decision Regarding Off -Site Improvement Requirements. (Continued from October, 1984). This agenda item was continued until the regular meeting on January 28, 1985. 5. Confirmation of Order of City Clerk Establishing Voting Precincts and Polling Places, Appointing Precinct Board Members, and Fixing Compensation for the Special Municipal Election of Said City to be Held on Tuesday, February 5, 1985 Heretofore Called by Order of the City Clerk of Said City, dated November 20, 1984. Motion by Councilman Lowry, second by Councilman Russo, confirming Order of the City Clerk Establishing Voting Precincts and Polling Places. AYES: Councilmen Lowry, May, Russo, Mitchell and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 8. PUBLIC HEARING - 8:00 P.M. - Change of Zone 84 -RZ -6. Applicant: Thomas Shelton. Location: Southeast Corner of Beaumont Avenue and Cougar Way. This Public Hearing was continued to the regular meeting of January 28, 1985 at the request of the applicant. 9. PUBLIC HEARING - Change of Zone 84 -RZ -7. Applicant: John Thomas (Beaumont Associates). Location: One -Third Mile West of I -10 Freeway and South of U.S. 60. a. Negative Declaration 84- ND -35. b. Change of Zone 84 -RZ -7. Page 2 Bea�_.,ont City Council January 14, 1985 The Public Hearing was opened at 8:00 P.M. There was no one in the audience wishing to speak in opposition to this project. Mr. John Thomas, the applicant, was unable to attend the hearing, therefore, there was no one speaking as a proponent of this project. The Public Hearing was closed at 8:05 P.M. Motion by Councilman Lowry, second by Councilman May, to adopt Negative Declaration 84 -ND -35 and Change of Zone 84 -RZ -7 be granted. AYES: Councilmen Lowry, May, Russo, Mitchell and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 10. PUBLIC HEARING - Tentative Parcel Map 20539. Applicant: Michael and Guitana Baldi. Location: 448 feet South of 13th Street Ex- tending between Euclid and Beaumont Avenues. a. Negative Declaration 84- ND -32. b. Tentative Parcel Map 20539. The Public Hearing was Opened at 8:07 P.M. There were no opponents or proponents wishing to speak regarding this parcel map. The Public Hearing was closed at 8:10 P.M. Motion by Councilman Lowry, second by Councilman Russo, to adopt Negative Declaration 84 -ND -32 and to accept Tentative Parcel Map 20539. AYES: Councilmen Lowry, May, Russo, Mitchell and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 6. Negative Declaration No. 84 -ND -39 - Annexation No. 84- ANX -4 -36. Applicant: Ronald Hemsley and John Mariani. Location: Northeast Corner of Sunnyslope and Cougar Way. Motion by Councilman Lowry, second by Councilman Russo, to adopt Negative Declaration 84- ND -39. AYES: Councilmen Lowry, May, Russo, Mitchell and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 7. ORDINANCE NO. 615 - An Urgency Ordinance of the City of Beaumont, California to Amend Title 17 of the Beaumont Municipal Code by Amending the Zoning Map to Provide Land Annexed to the City with Interim Residential Single Family (I -RSF). Motion by Councilman Lowry, second by Councilman May, to consider adopting Ordinance No. 615 as an urgency Ordinance by reading of title only. AYES: Councilmen Lowry, May, Russo, Mitchell and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Motion by Councilman Lowry, second by Councilman May, to adopt Ordinance No. 615 as an urgency Ordinance by reading of title only. AYES: Councilmen Lowry, May, Russo, Mitchell and Mayor Thompson. NOES: None. ABSTAIN: None. Page 3 AT:ZgVRTT• TxTrnno Beal--ont City Council Jan. ry 14, 1985 11. Appeal of Planning Commission Decision on December 18, 1984 by Baldi Brothers Construction. a. Negative Declaration 84- ND -37. b. Site Plan 84- SP -16. Motion by Councilman Mitchell, second by Councilman Russo, to grant the appeal filed by Baldi Brothers Construction by deleting the first sentence of Condition No. 2.B in its entirety from the Condi- tions of Approval; to adopt Negative Declaration 84 -ND -37 and approving Site Plan 84 -SP -16 as amended. AYES: Councilmen Lowry, May, Russo and Mitchell. NOES: Mayor Thompson. ABSTAIN: None. ABSENT: None. 30. ADD ITEM: Motion by Councilman Lowry, second by Councilman May, to direct the Planning Commission to consider reducing the right -of -way width of 8th Street in the Master Street Element. AYES: Councilmen Lowry, May, Russo and Mitchell. NOES: Mayor Thompson. ABSTAIN: None. ABSENT: None. 12. Acceptance of Planning Commission Minutes of Regular Meeting of December 18, 1984. Motion by Councilman Mitchell, second by Councilman May, to accept Planning Commission Minutes of Regular Meeting of December 18, 1984. AYES: Councilmen Lowry, May, Mitchell and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman Russo (Councilman Russo was excused at 8:48 returning to his chair at 8:49. 13. All Pure Chemical Company. Location: B Street and Minnesota. a. Negative Declaration 84- ND -34. (Continued from December 20, 1984.) b. Site Plan 84 -SP -13 with Additional Conditions of Approval. Councilman Mitchell read from documentation obtained from the City of Fontana and the County of San Bernardino, both entities having denied the application of All Pure Chemical, and recommended the City of Beaumont follow the lead of these two larger entities by also asking for a focused EIR. Ms. Ruth Licata, representing the League of Women Voters, addressed the Council in opposition to All Pure Chemical Co. Mr. Jefferson Craig, 551 E. Barbour, Banning, addressed the Council in opposition to All Pure Chemical Co. Mr. J. H. Thomas, 837 Beaumont Avenue, addressed the Council in favor of All Pure Chemit',a1 Co. Dr. Alexander Riskin, 550 Santa Rosa, Palm Springs, addressed the Council in opposition to All Pure Chemical Co. Mr. Les Petersen, representing All Pure Chemical Co., addressed the Council in favor of All Pure Chemical Co. Ms. Sheila Krohn, representing All Pure Chemical Co., addressed the Council in favor of All Pure Chemical Co. Page 4 31. 15. 16. Bea Dnt City Council January 14, 1985 Mr. Ken Smith, 814 Maple Avenue, addressed the Council in favor of All Pure Chemical Co. Mr. Robert Poeschel, representing the Beaumont Chamber of Commerce, addressed the Council in favor of All Pure Chemical. Mr. Abraham Dranow, 1901 San Gorgonio, Banning, addressed the Council in opposition to All Pure Chemical Co. Mr. Bill Sossaman, representing All Pure Chemical Co., addressed the Council in favor of All Pure Chemical Co. Mayor Thompson closed the time for public comment, and returned this agenda item to the Council for discussion. Planning Director Ron Larson answered questions concerning Planning Commission action as a result of the Council returning the Site Plan to them for further consideration regarding ingress and egress to the site. Motion by Councilman Russo, second by Mayor Thompson, to adopt Negative Declaration 84 -ND -34 and to approve Site Plan 84 -SP -13 with additional conditions of approval. Motion by Mayor Thompson to amend Councilman Russo's motion that on the amended Site Plan ingress to the site be no closer than 200 feet from the intersection of B and Minnesota, was seconded by Councilman Russo. VOTE TAKEN ON AMENDMENT TO MAIN MOTION: AYES: Councilmen Lowry, May, Russo and Mayor Thompson. NOES: Councilman Mitchell. ABSTAIN: None. ABSENT: None. VOTE TAKEN ON MAIN MOTION: AYES: Councilman Russo. NOES: Councilmen Lowry, ABSTAIN: None. ABSENT: None. MAIN MOTION FAILED. May, Mitchell and Mayor Thompson. Motion for Focused EIR - All Pure Chemical. Motion by Councilman Lowry, second by Councilman Mitchell, to order a focused EIR with information from the Riverside County Health Department. AYES: Councilmen Lowry, NOES: Mayor Thompson. ABSTAIN: None. ABSENT: None. May, Russo and Mitchell. A five minute recess was called by Mayor Thompson. Out of Sequence. Consideration of Adoption of Negative Declaration 84- ND -36. Applicant: Larry Gustuson. Location: Southeast Corner of Sixth Street and Xenia Avenue. Motion by Councilman Lowry, second by Councilman May, to adopt Nega- tive Declaration 84- ND -36. AYES: Councilmen Lowry, May, Russo, Mitchell and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Consideration of Adoption of Negative Declaration 84- ND -38. Applicant: Yates Industries. Location: Northwest Corner of Pennsylvania Avenue and Third Street. Page 5 Bea. _)nt City Council January 14, 1985 Motion by Councilman Lowry, second by Councilman May, to adopt Nega- tive Declaration 84 -ND -38 and accept recommendation of the Planning Commission. AYES: Councilmen Lowry, May, Russo, Mitchell and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 14. Appeal of Basic Services Facilities Fee by Noble Creek Apartments. Motion by Councilman Lowry, second by Councilman Russo, that pursuant to the wording of the resolution (1984 -56) permitting the Council to reduce a fee, the Basic Services Facilities Fee is reduced to $250.00 for the first phase only of Noble Creek Apartments project. AYES: Councilmen Lowry, May, Russo, Mitchell and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 17. Report from City Attorney re: Denial of Sewer Credit to Redlands Federal Savings. Motion by Councilman Russo, second by Councilman Lowry, to accept the City Attorney's report. AYES: Councilmen Lowry, Russo, Mitchell and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: Councilman May. (Excused at 10:46, returning at 10:49) 18. Report from City Engineer: Walkway /Bikeway on 6th Street. Motion by Councilman Lowry, second by Councilman Russo, to accept the City Engineer's Report. AYES: Councilmen Lowry, Russo and Mayor Thompson. NOES: None. ABSTAIN: Councilman Mitchell. ABSENT: Councilman May. 19. Request from Mayor Thompson for Discussion of Ordinance No. 585 (Establishing a Utility Tax). (Continued from December 20, 1984). After a brief discussion of an early termination of this utility tax, no action was taken by the Council as it was felt the Ordin- ance should remain in effect for the time being. 20. Report from City Engineer: Proposed Vacation of Portion of Chestnut Avenue. Motion by Councilman Lowry, second by Councilman May, to accept the report of the City Engineer. AYES: Councilmen Lowry, May, Russo, Mitchell and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 21. Request from Inland Disposal for Increase in Rubbish Service Rates. This agenda item was continued until the regular meeting of January 28, 1985. Page 6 Bea- -ont City Council Jan ry 14, 1985 22. Request to Bid Block Retaining Wall at City Lot on Orange Street. Motion by Councilman Mitchell, second by Councilman Lowry, to table this agenda item for thirty days. AYES: Councilmen Lowry, May, Russo and Mitchell. NOES: Mayor Thompson. ABSTAIN: None. ABSENT: None. 23. Consideration of Employee Assistance Program and Allocation of Funding. Motion by Councilman Lowry, second by Councilman Russo, to approve the Employee Assistance Program and allocate funds for the balance of the fiscal year to provide service one -half (1 /2)day every week in the amount of $1,200.00. AYES: Councilmen Lowry, May, Russo and Mayor Thompson. NOES: Councilman Mitchell. ABSTAIN: None. ABSENT: None. 24. Reappointment of Planning Commissioners for Term Ending December 1988. Motion by Councilman Lowry, second by Councilman Russo, to reappoint Charles Medina, Gene Thompson, Ethel Remy and Ralph Tapp to the Planning Commission for terms ending December 1988. AYES: Councilmen Lowry, May, Russo and Mayor Thompson. NOES: Councilman Mitchell. ABSTAIN: None. ABSENT: None. 25. Consideration of Claim Filed Against City by Daniel Shondeff. Motion by Councilman Russo, second by Councilman Lowry, to reject the claim filed against the City by Daniel Shondeff, with the City Clerk directed to mail Notice of Rejection to Claimant. AYES: Councilmen Lowry, May, Russo, Mitchell and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 26. Report from Building Inspector and Request for Condemnation Pro- ceedings 790 Michigan Avenue. Motion by Councilman Lowry, second by Councilman Russo, to accept the report from the Building Inspector and refer the matter to the City Attorney for implementation of condemnation proceedings. AYES: Councilmen Lowry, May, Russo, Mitchell and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. 27. Request for Budget Transfer for Repair of Roof on Building Leased to School District. Motion by Councilman Lowry, second by Councilman May, to authorize budget transfer from unbudgeted funds to Account 1450, General Government, for building repair purposes, not to exceed $4,500.00. AYES: Councilmen Lowry, May, Russo, Mitchell and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Page 7 Bea —ont City Council Jan, ry 14, 1985 28. Request from Councilman Mitchell Relative to Removal of Olive Trees at 6th and Xenia. Mrs. Pat Burton and Mrs. Julia Szynkowski addressed the Council in opposition to the removal of the olive trees at 6th and Xenia. No Action was taken by the Council. 29. Request from Finance Director for Authorization to Attend California Society of Municipal Finance Officers Seminar. Motion by Councilman Russo, second by Councilman May, to grant the request of the Finance Director. AYES: Councilmen Lowry, May, Russo and Mayor Thompson. NOES: Councilman Mitchell. ABSTAIN: None. ABSENT: None. There being no further business to come before the Council, the meeting was adjourned at 11 :15 P.M. Respectfully submitted, W, #Wfff, / CLERK Page 8