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HomeMy Public PortalAbout1986BEAUMONT CITY COUNCIL MINUTES OF SPECIAL MEETING OF JANUARY 3, 1986 The Beaumont City Council met in a Special Meeting on Friday, January 3, 1986, at 6:00 P.M., in the City Council Chambers, with Mayor Mitchell presiding. The Special Meeting was called for the purpose of hearing a request from the opponents of the recall of Councilman Donald A. "Irish" Mitchell. On Roll Call the following Council Members were present: Partain, Shaw, Waller, Russo and Mayor Mitchell. 1. Hear a Request from the Opponents of the Recall of Councilman Donald A. "Irish" Mitchell. Mayor Mitchell stated he had called this meeting to enable the City Council to have State laws obeyed so there will be no further problems, since there are certain violations alleged at the present time having to do with the recall notice, the recall petition and the procedure used. Councilman Russo asked for clarification of the opening statement indicating the Council was not here to make a decision tonight, and also clarification as to who submitted the documentation for the purpose of calling this meeting. Mayor Mitchell indicated that Mr. Bob Gellis submitted the documenta- tion and made the request for the meeting. Patti Burton, Mr. Mitchell's secretary, then indicated she put the package together, and gave it to Mr. Gellis, who is the Chairman of the Committee to Oppose the Recall of Councilman Mitchell. Councilman Partain asked it be noted in the minutes that when Mr. Gellis speaks, he has stated he is the spokesperson for the committee to oppose the recall of Mr. Mitchell. Mr. Robert Gellis, 250 E. 8th Street, the Chairman of the "No" on the Recall Committee, addressed the Council, reading from the statement which had previously been given to the Council, and which is a matter of record in the City Clerk's file. Councilman Russo requested to ask Mr. Gellis a question regarding the statement which had just been read. Mayor Mitchell indicated Mr. Russo should ask the question of Mrs. Burton since she did the preparation of the background work. Councilman Russo chose not to proceed with his question, and suggested the Council hear the information from the City Attorney. City Manager Robert pounds, read the letter from the City Attorney, dated January 2, 1986, in its entirety. This letter is a matter of record in the City Clerk's file. At the conclusion of the reading of the City Attorney's letter, Council- man Russo stated it would seem, in reviewing and listening to the statement of the City Attorney, there really was no argument this evening, or any points to be discussed. It seemed to be clearly de- fined in the Elections Code that, No. 1, this body does not have the authority to review that process; and No. 2, even if it did have, there is nothing to review. The attorney's opinion states that the Clerk acted correctly in the certification of the first and the second petition, and he would state there is no further discussion for this meeting. Councilman Partain agreed, and further stated that under the general comments it is very clear the law does not provide for direct supervi- Page 1 BEAUMONT CITY COUNCIL MINUTES OF JANUARY 13, 1986 The Beaumont City Council met in a regular meeting at 7:31 P.M., on Monday, January 13, 1986, in the City Council Chambers, with Mayor Mitchell pre- siding. The Invocation was given by Reverand Richard Ashley, lst 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, Waller, Russo and Mayor Mitchell. Mayor Mitchell requested the City Manager to announce certain adjustments in the agenda. Mr. Bounds indicated that Item No. 4 will be removed from tonight's agenda due to the fact it was improperly published since the address shown in the notice was incorrect. Item No. 10 will be withdrawn from the agenda as there are additional changes to the ordinance needed. This Ordinance will be brought back at a later date. Items No. 11, 15 and 16 will be added to the Consent Calendar. All members of the Council concurred with these ad- justments to the agenda. Prior to considering the agenda, Mayor Mitchell read a statement from the Chair concerning procedures which will be used in order to have an orderly meeting. This statement is a matter of-record in the City Clerk's file. Councilman Russo asked that the record be noted this is the first time the Council Members have heard this new procedure, and he personally thought there may be some things contained in the procedure which would stifle some individuals from being able to express their opinions and bring issues be- fore this Council. He requested that the Council be able to review this before it is adopted as a rule of order. Mayor Mitchell indicated it is a ruling of the chair that these procedures will be used. Councilman Russo asked if Mayor Mitchell was saying that from this point forward this Council doesn't collectively decide on rules of order. Mayor Mitchell replied that it was an appealable issue. Councilman Russo then appealed the decision of the chair, and upon request of Mayor Mitchell, stated his specific appeal as being an appeal of the decision of the chair with reference to the change in the rules of order. Councilman Partain seconded the appeal. Mayor Mitchell asked for a showing of handsin favor of the appeal. The showing of hands indicated two members of the Council in favor of the appeal, and Mayor Mitchell ruled the appeal died for lack of a majority. Councilman Russo then called for a point of order that a roll call vote is necessary on an appeal. Mayor Mitchell ruled that Councilman Russo's point of order is a dilatory motion and will not be accepted by the Chair. Councilman Waller requested he be given a copy of the procedures as read by Mayor Mitchell, pointing out he had not been given a copy, and further requested the Clerk to make copies for all of the Council Members. Councilman Partain asked who would decide what was controversial as men- tioned in Mayor Mitchell's statement of procedures. The Mayor replied it would be subject to debate for a decision of the Council, instead of giving a unilateral presentation, and then suggested the Council should move on with the agenda. Page 1 Beaumont City Council January 13, 1986 Councilman Waller objected to proceeding with the meeting until the copies of the procedures were received by each Council Member. Mayor Mitchell stated that Item No. 1 was not controversial, but was a continuation of the meeting of January 3, 1986, and then proceeded with a statement concerning Item No. 1. 1. Continuation of Special Meeting Held Friday, January 3, 1986. Mayor Mitchell called attention to the fact that at the time of the adjournment of the meeting of January 3, 1986, it was an illegal adjournment. That no meeting is adjourned until the chair has de- clared it as being adjourned, and pointing out this is called out very clearly in Section 21 of Roberts Rules of Order relative to adjournment. No member is to leave their chair until the meeting is called adjourned. He then indicated that would dispense with Item No. 1, as he just wanted to call attention to the fact that the adjournment on that evening was not a legal adjournment according to the rules. A brief recess was called at this point to await the return of the Clerk to the meeting with the copies of the Statement from the Chair. 2. ORAL COMMUNICATION: a. Roger Berg, 1164 Euclid, Beaumont, asked one specific question of the Council that if he has a commercial vehicle, and he has a sign on that vehicle, is driving around and stops in somewhere to do business, or is here at a Council meeting, in the City Hall on business, parking in front of his place, or doing business next door to Mr. Mitchell's office, is that sign illegal. He wanted to know what the City is going to enforce as he has been getting two different interpretations. Mayor Mitchell asked for a response from the City Attorney, who indicated that Mr. Berg has read his opinion, as well as all members of the Council. Mayor Mitchell then asked the City Manager if it was his under- standing that the City Attorney's ruling is correct, and the City Manager indicated that is what has been turned over to the Police Department to be used. Mr. Berg then asked if the purpose of your visit is incidental to the sign being on your vehicle, is it then legal as it was in the past. In other words, can he not have a sign on his vehicle unless it is moving all the time. The City Attorney indicated that is not what his opinion states. Mr. Berg continued to ask for a ruling, and Mayor Mitchell ad- vised him that his oral communication item was a debatable item and should be placed on the agenda for the next meeting. He then ordered Mr. Berg to return to his seat. PUBLIC HEARINGS 3. APPEAL of Planning Commission Decision. Appellant: Vincent D. Schiro. Location: 625 Palm. (85 -GP -3, 85- RZ -5). The Public Hearing was opened at 7:48 P.M. Mr. Victor Schiro, 3680 Banbury Drive, Riverside, speaking as an agent for the owner of this development. What we have here is a six -plex with four covered garages with garage doors, and covered parking for four other vehicles. The complex for the most part is two bedrooms, including patios. The location of the site is on Palm Avenue, on the west side, 625 Palm, and is to the east of the Fire Department. Currently this is zoned General Commercial. The appeal that we have put before the City Council is to grant the General Plan Amendment, the Negative Declaration, the variance and plot plan that we submitted to City planning. The reason for the appeal is the negative vote that Page 2 Beaumont City Council January 13, 1986 we received from the City planning with three hesitations, one of them being they were concerned about the vehicles backing into the alley, or interference with emergency vehicles there at the fire station. There was a resistance to a change of the General Plan, and there was concern over the dedication of the alley. The evi- dence that we have and presented to the City planning, but because of some confusion, we will bring before you now, and that was - we have controlled the parking access and traffic movement by consult- ing with the fire department as far as their concerns with traffic there in the alley. Not only did it call for a change of direction of parking, but also we agreed to mark the alley as a fire lane, and ask the City Council to -- we have talked with the City planning about this - and ask the City Council to approve that so that the police can enforce the restriction of parking there. So we have modified the parking, again, what we are concerned with is two covered carports at the rear of the property. The resistance to changing the General Plan is something that for the most part is indefensible as it stood. But we would like to address it by stating that there is the adoption to the General Plan -- there is an adoption to the General Plan allowed three times during the fiscal year. What we are asking for in this case is the foresight to show that there on Palm Avenue the General Plan amendment moving the RHD zone into this General Commercial zone can be seen by the actual situation of the street. The fact of the limited traffic situation so far as the standing of the two restaurants that have been there since at least 1941 on the south side of the properties. We point out that at 630 Massachusetts we have twelve units that were brought in to effect by City planning resolution. I have a copy of that, that was in 1977. And through the course of the City planning meeting we were asked whether or not the property owner north of our property was in agree- ment to the actual rezoning, and we produced that letter for the City planning. I don't know if you were able to get a copy of that. The last point of resistance was the dedication of the alley, and the City planning department went to the City Attorney, through City Manager Bounds, to find out whether or not the alley had been dedica- ted or not. Since that we have got Mr. Ryskamp's response to it, and felt that the action vacating the alley was improper. We have gone on to find that City Council Ordinance 325, adopted 25 September of 1961, showed dedication of the alley. We found that the alleys, for the most part, were dedicated in December of 1887, and amended again in February, 1888. In support also of the zone change, which is a major issue here I guess, is the thought, again, that of the foresight of the community in that the commercial zone runs along both sides of 6th Street, but actually the development of heavy industry or manufacturing seems to be pushed toward the south side of town, where industries are given the ability to plan for their developments as far as their particular needs, where working within the City limits on both sides of 6th Street people are stuck with the existing services that are there. The variance that we asked for was to reduce the parking restriction, the parking limitation rather, two and one -half parking spaces per unit, and we drew upon the City and found that in the case of the buildings that are set up, that is multi - family dwellings, it has been the practice where two parking spaces per unit have been allowed where there are two or greater bedrooms. The situation with Palm, especially with the thought that it is as wide, dedicated, as Beaumont Avenue and 6th Street, was granted in 1887 where the center twenty feet of the street was set aside for rapid transit. And it has carried over to this time. We talked with the Planning Commission and the thought of encroaching forward didn't seem to be a problem there. What I would like to do is stop at this point and reserve a position for any rebuttal that might be necessary. Page 3 Beaumont City Council January 3, 1986 sion of the City Clerk's activities by the City Council, and she is an elected official. The State statutes give no authority to the City Council to give the City Clerk directions concerning procedures in the recall process, and he would agree with Councilman Russo that, in fact, there is nothing for this Council to do - the Council has no authority of any kind in this matter. If Mr. Gellis and the committee feel it is wrong, it is apparent that they need to take it to the courts and let the courts decide. Councilman Shaw pointed out the City Attorney's letter lists the date of December 26, and the Deputy City Clerk was not in the office on the 26th. Councilman Russo asked for clarification of this, and the City Manager pointed out both the letter to the proponents advising them of the error in the petition, and the certification of the new petition were dated December 24, 1985. Councilman Russo said the reference to December 26 was obviously a typographical error in the City Attorney's letter. Mayor Mitchell stated for the record, the attorney was given information over the telephone, but there are letters on record dated the 24th. Councilman Partain again requested the floor stating this could be discussed all night long, but that it is very clear the City Council has no authority and for them to make any determination is foolishness and so far as he is concerned this meeting should be over. Motion by Councilman Partain, second by Councilman Russo, to adjourn the meeting. AYES: Councilmen NOES: Councilman ABSTAIN: None. ABSENT: None. Partain, Waller and Russo. Shaw and Mayor Mitchell. The meeting was adjourned at 6:40 P.M. Respectfully submitted, Deputy City erk 0 Page 2 Beaumont City Council January 13, 1986 Mayor Mitchell: Is there another proponent? We have heard from the proponent. May we hear from an opponent. Mr. Blackaby, you may step forward. Harold Blackaby, 662 Maple Avenue, Beaumont: Gentlemen of the Council, Mr. Mayor, it might seem by the many changes that are to be made, five of them I think, if I am correct, that there is something wrong with this proposal in the beginning. It has been three months since this first came up, and it has been hashed about, ran through the Planning Commission, and I understand that there has, as Mr. Schiro said, there has been a determination from the City Attorney. Mr. Schiro has some mistakes in his notes concerning the restaurants. The one restaurant was built as an Orange Julius about 1969 - 1959 or 60. The other restaurant - I don't know how long it has been there. I understand the Oasis Cafe, which is Renna's Pizza now, was built in the 30s and called the White Kitchen to supply food to the workmen in the tunnel that goes through Mt. San Jacinto for the Metropolitan Water District. I would like to question the alley being an alley. I know that the Attorney has ruled upon it. I don't know what his background figures are, what his purpose for ruling in this way could be. I have a Title Insurance Policy that tells me the Beaumont Land and Water Co. deeded to, in 1908, Book 26533 of Deeds, Riverside County Records, covering lot herein described, and as reserved in deed from Beaumont Land and Water Co. to Mattie E. White, recorded July 13, 1910, in Book 305, Page 179 of Deeds, Riverside County Records, covering Lot 8 here- in. I would like to read Item four on this Title Insurance concerning the right of easement. A right -of -way for telephone lines and electric transmission lines, all surface and underground , repairing and otherwise, together with the right to remove and divert the same from time to time or at any future time from the said property by any means of the diversion, and to any place or places. A right to lay and maintain pipes, flumes and other conduits, in, over, above, across the said property abutting thoroughfare, together with the right to conduct water through same, and with the right to enter upon said property at all times for said purposes as reserved in the deed from Beaumont Irrigation District to B. F. Fisk, recorded in Book 618, Page 594 of Official Records. Title Insurance is supposed to save me from damage. They are supposed to protect me according to their findings. I have here five tax re- ceipts, each of them saying - also a portion of vacated street adjacent - also a portion of vacated alley adjacent - also a portion of vacated alley adjacent - also a portion of vacated alley adjacent - also a portion of vacated alley adjacent. That is what my Title Insurance calls for, that is what my deed calls for. I have lived there at the same property, the same house, for thirty years. This was done 30 years ago, and it is mine and I expect to defend it. If the alley had been retaken at any point by the City, as claimed by Ron Larson and the City Attorney, surely I would have been notified that the City was buying it, or appropriating it to the City's use, and certainly there would have been condemnation proceedings, so that leaves the legal opinion of our Attorney flat because there has never been a condemna- tion proceeding on that property. If the City wanted this alley, or does want it, I will sell my portion to them and retire it from my tax account. What mitigation measures have been taken for this lot to deserve a negative declaration? There is a lotrof problems in this for the City. There is a lot of problems in this for the restaurants, and the neighbors. There is a lot of problems to whomever buys this apartment if it is built because it is not likely that the owner will keep it very long after it is built. Since the General Plan, costing well into five figures, it has - since that General Plan was adopted - it has been dismantled piece by piece. Wasn't it any good. Why spend such money and accomplish nothing. We have a General Plan and in the last year I can't tell you how many times I have heard it over and over and over before the Planning Commission and the Council, that the General Plan is amended, the General Plan is amended, the General Plan is amended, doesn't this ever stop. The location is spot zoning at its worst. Does the Planning Department ignore all guidelines and rules. Five approvals are asked if you, to- Page 4 Beaumont City Council January 13, 1986 night, approve this appeal and void the Planning Commission decision. Something here is rotten in Denmark, rotten in Denmark. It is truly rotten. That this use - that this was submitted to the Council after the Planning Commission turned it down. These easements are for utilities only. It is not for traffic circulation, even if were an alley it would not be for traffic circulation. Do we, are do we not abide by the Uniform Building Code and the State Laws concerning zoning and code. Our complaint is, that in this case, planning guidelines and rules have been cast aside along with General Plan concept and have been replaced with favoritism toward private interest. I fully expect to retain my right to my own tax -paid property. Mayor Mitchell: Thank you Mr. Blackaby. Mr. Schiro, do you have a rebuttal. Victor Schiro: Mr. Blackaby has always been a viable opponent in this case. The question I have about the five changes that he points out as far as changing the shape or the request for this building, I don't feel is something that destroys the project. This is a relatively small project I am sure, the four through six unit as opposed to some- thing as large as maybe a HUD project that was completed, something very large, there might have been maybe more than two or three changes to something like that. The records that I show, which were taken directly off the tax rolls, show that the Italian restaurant, what is now an italian restaurant, was established in 1936, under what name I don't know. I believe the other place, which is called Gus's, the hamburger joint, was established in 1928, and they were established in the positions that they have, the land that they have now is the land that they had then. The Title Insurance policy, what I gathered, and I am sorry, I was writing at the time, was dated - or referred back to a period of 1930. Well it seems that the super. . this document. . or the 1900 ruling can be superceded by Ordinance 325, which was adopted in 1961. Vacation of the alley had already been decided by the opinion of the City Attorney as far as whether that was an easement, or whether, rather, the County was in a position to vacate an alley that had already been developed here in the City. Now, in my research, what I found in 1887, the alleys were established. In 188. . or rather in 1893, the County of Riverside - or rather 1890, and I have documents to substantiate, the County made the action to vacate those alleys but didn't record it until the 1940s, and it is signed to by the City Clerk. But, unfortunately, by 1940 several of the properties on this block alone had already been developed. The vacation was for the City, but essentially, I think that the County's effort, being recorded so late, was without effect, and I think that Mr. Ryskamp has agreed with that. Now so far as dead time in regard to Ordinance 325, the establishment of this is shown the 27th day of December, 1960. It was shown in here that it was going to be adver- tised in the Beaumont Gazette, and it asked that to happen for thirty days, and that notices be placed throughout the City. The amendment wasn't accepted until September of 1961. I mean they gave you a thirty day period, which you give now, for rebuttal to something that may be adopted, but here is something that went over a year, technically a year, before final adoption. Essentially, the General Plan Amendment, change in the General Plan amendment, I don't feel is all that out of line when we have to look to the future as to Aat we are doing, whether it is this project or another project. I think it is an inflammatory comment, not that it is aimed at anyone, but the thought of saying the General Plan should not be amended. The thought is there is progress, the needs of the City do change, in this application we have two one - way streets divided by a divider for the most part, and I feel that there might have been an error. In looking at the General Plan we see that there is a straight line for general commercial. Someone decided that 400 feet from the center of 6th Street up will now be the general commercial, but the application here, in the City, as you can see, is residential throughout that area. There are not many, in fact, there is only one in this seven block neighborhood where something goes back to the level of our - or the position of our lot - in the large lot, and that is right here next door, the little strip center here where the carpet place is. If you will look down everybody else seems to Page 5 4. 5. Beauwont City Council January 13, 1986 be satisfied within two lots from 6th Street. So I feel that this is something that we can see as maybe being a plan. We have our residen- tial section set here. I also am a property owner here in Beaumont and, in just looking -'I am not an older person, I mean I have not been here since 1956, but I can see where I would go as a commercial developer, and my thought is heavy industrial use seems to be geared toward the south, and that it might be time to change other areas within this general commercial, or maybe it changed that line. Rather than going on, that is pretty much it. Mayor Mitchell: Are there any other - there are no other requests for speaking, so the chair will declare this public hearing adjourned at 8:10 P.M. The City Attorney suggested that the Director of Community Development, Ron Larson, should be allowed to speak as he should be in a position to offer further clarification. Mr. Larson described the project, gave his opinion concerning the alley and its use, and answered questions from the Council. Motion by Councilman Waller, second by Councilman Shaw, to hold this agenda item over until the next meeting for clarification of the legal aspect of the alley and to determine if the statements of the staff are correct, and to allow time for the Council to look at the property. AYES: Councilmen Partain, NOES: Councilman Russo. ABSTAIN: None. ABSENT: None. Shaw, Waller and Mayor Mitchell. Let the record show it was clarified that the the City Council a ruling by the next meeting tion easement or abandonment and find out the to save the City from any future lawsuits, in Blackaby have the legal right, by title, to b a right -of -way by prescription. City Attorney should give on the basis of prescrip- legal title of the alley other words, does Mr. lock the alley or is it TENTATIVE PARCEL MAP 20912 - Applicant: Ernest Kelly. Proposed two lot land divsion of .79 acre property. This Tentative Parcel Map was noticed for public hearing at this meetinq, however, due to an error in the address shown in the notice, has been withdrawn from this agenda and will be renoticed. Abandonment of Third Street between California Avenue and Walnut Avenue (Baldi). The Public Hearing was opened at 8:49 P.M. Mayor Mitchell: The Public Hearing is opened at 8:49 P.M. Is there • proponent. Is there an opponent. Gentlemen, we have looked at this • number of times. There is no proponent and no opponent. In the ab- sence thereof, the public hearing is closed at 8:50. Motion by Councilman Russo, second by Councilman Shaw, to adopt Reso- lution No. 1986 -01 0 AYES: Councilmen Partain, Shaw and Russo. NOES: Councilman Waller. ABSTAIN: Mayor Mitchell. ABSENT: None. 6. Abandonment and Vacation of Portion of Third Street and Maple Avenue. (Warren). The Public Hearing was opened at 9:00 P.M. Page 6 Beaumont City Council January 13, 1986 Mayor Mitchell: Public Hearing opened at 9:00 P.M. Are there any proponents. We don't have any request. We have no requests for opponents, so the public hearing is closed at 9:01 P.M. Motion by Councilman Russo, second by Councilman Partain, to pass Resolution No. 1986 -02. AYES: Councilmen Partain, Shaw, Waller and Russo. NOES: None. ABSTAIN: Mayor Mitchell. ABSENT: None. 7. Abandonment of Maple Avenue from Seventh Street to Eighth Street. The Public Hearing was opened at 9:02 P.M. Mayor Mitchell: Any proponents. I believe that Mr. Ikard put in a request. Eddie Ikard, Superintendent of Beaumont Unified School District: The request before you today is to close Maple Avenue between Seventh and Eighth Street. The School District, in conjunction with the Riverside County Schools office is in the process of building a new school at the corner of Eighth and Palm. It will be approximately a 25,000 sq.ft. building there. The School District is asking that the City abandon the land in Maple Street so that we can raise that area and remove the drainage conditions that exist there, and be able to provide additional playground area for our students at that school. The school building and adjacent grounds are about an equal tradeoff between the land that would be covered from Maple Avenue, and would allow us to build the school there and provide a very fine facility for the students in our school district. We feel that the improvements, which is a joint project between the State of California, the Riverside County Flood Control District, the School District and the City, is in the best interests of our community. We feel that this particular piece of property, which is owned on all sides by the School District, will be an improvement for the school and for our community. I would be happy to answer any questions that you might have regarding this. We have had a long discussion with the Flood Control District, the County of Riverside and the State of California, the School District, are all willing to pay a little bit of making this improvement. We feel it will it will remove a hazard along Maple Street, and feel it will allow students a greater access to a larger playground. It is certain- ly not our intent to abandon the playground area that is commonly known as the old football field. It is our intent to maintain that area to hopefully redesign the track, and the area there so that the people of the community will be able to continue to use that facility as a play- ground area. Councilman Shaw: In essence, Mr. Ikard, what you are saying is that we will do away with that part -time river that we have there on Maple Avenue, is that correct. Mr. Ikard: That is our intent. And the drawing from the engineer shows that we will be raising that area more than about 40 inches, and be covering it with fill material, and be able to make that into a playground area, as well as remove the flood control channel that is currently existing there. Mayor Mitchell: Thank you Mr. Ikard. Are there any opponents. This. is a public hearing. There are no opponents, it appears. The Public Hearing is closed at 9:05 P.M. Motion by Councilman Waller, second by Councilman Russo, to adopt Resolution No. 1986 -03. AYES: Councilmen Mitchell. NOES: None. ABSTAIN: None. ABSENT: None. Partain, Shaw, Waller, Russo and Mayor Page 7 Beaumont City Council January 13, 1986 At the request of Councilman Waller, the meeting was recessed for five minutes at 9:05 P.M., reconvening at 9:21 P.M. 8. Proposed General Plan Amendment and Zone Change. Applicant: Michael A. Lee. Location: South of First Street between Michigan and Pennsyl- vania Avenue. (Continued from December 9, 1985). Consideration of Adoption of Negative Declaration 85- ND -18. Motion by Councilman Russo that Negative Declaration 85 -ND -18 not be adopted was ruled a dilatory motion by Mayor Mitchell, who then stated they should go ahead with a positive motion if they should care to. Motion by Councilman Russo that Negative Declaration 85 -ND -18 be rejected was again ruled a dilatory motion by Mayor Mitchell. Motion by Councilman Waller, second by Councilman Russo, to adopt Negative Declaration 85- ND -18. AYES: Councilmen Shaw, Waller and Mayor Mitchell. NOES: Councilmen Partain and Russo. ABSTAIN: None. ABSENT: None. ORDINANCE NO..621 - FIRST READING - Rezoning Certain Property from R -A, Residential Agriculture to PUD -RMF, Residential Multiple Family. Motion by Councilman Waller, second by Councilman Shaw, to pass Ordinance No. 621 at its first reading by reading of the title only.. AYES: Councilmen Partain, Shaw, Waller, Russo and Mayor Mitchell. NOES: None. ABSTAIN: None. ABSENT: None. 9. Consideration of Claim Filed by Felix Santos for Damages Resulting from Sewer Blockage. Motion by Councilman Shaw, second by Councilman Waller, to authorize the City Manager to work with Mr. Santos on the series of three items that he cannot give us a cost for, by his coming back with some es- timates of the things that they feel they lost, and to work with them, within reason, to work with the contractor and agree to pay the contractor to do the carpet work and the linoleum work, and then before the last amount of money is given for the miscellaneous items and labor items, which have already been paid, that we have in writing that we have inspected, by the City Inspector, the back -flow device, and that it is now operating. AYES: Councilmen Partain, Mitchell. NOES: None. ABSTAIN: None. ABSENT: None. Shaw, Waller, Russo and Mayor r 10. ORDINANCE NO. 623 - FIRST READING - Amending Title 13 (Public Services) of.tFie Municipal Code to Add Chapter 13.20 Pertaining to Pretreatment and Regulation of Wastes. This agenda item was removed and will be brought back at a later date. 11. RESOLUTION NO. 1985 -28 - Pursuant to Chapter 10.04 of the Municipal Code of Beaumont to Designate Speed Zones. (Continued from December 9, 1985). This agenda item was added to the Consent Calendar. Page 8 Beaumont City Council January 13, 1986 12. Request from Councilman Russo to Authorize the City Attorney to Review and Make Recommendations to Planning Commission for Changes in Title 17. 13. 14. 15. Motion by Councilman Russo, second by Councilman Partain, to authorize the City Attorney to review and make recommendations to the Planning Commission for changes in Title 17. AYES: Councilmen Partain, Mitchell. NOES: None. ABSTAIN: None. ABSENT: None. Shaw, Waller, Russo and Mayor Request from Councilman Waller for Re- Evaluation of the Use and Cost of the Gymnasium. Motion by Councilman Russo, second by Councilman Waller, to request a report from the City Manager regarding usage of the building, fees presently being paid, and responsible organizations that are using it. AYES: Councilmen Partain, Mitchell. NOES: None. ABSTAIN: None. ABSENT: None. Shaw, Waller, Russo and Mayor Request from Councilman Waller to Explore the Cost and Feasibility of Hiring a Certified Parliamentarian. Motion by Councilman Waller, second by Councilman Russo, to request staff to further investigate the feasibility of hiring a certified parliamentarian and report back to the Council at the first meeting in February, as well as checking on other procedures utilized by cities. AYES: Councilmen Partain, Mitchell. NOES: None. ABSTAIN: None. ABSENT: None. Shaw, Waller, Russo and Mayor RESOLUTION NO. 1986 -04 - Interpreting the Precise Alignment of Pro- posed Street, Westward Avenue. This agenda item was placed on the Consent Calendar. 16. RESOLUTION NO. 1986 -05 - Resolution of Intention to Provide Adequate Funding to Implement and Operate a Pretreatment Program. (RWQCB Oider No. 85 -79). This agenda item was placed on the Consent Calendar. 17. CONSENT CALENDAR: a. Approval of Minutes of Regular Council Meeting of December 9, 1985. b. Acceptance of Minutes of Regular Planning Commission Meeting of November 6, 1985 and Adjourned Planning Commission Meeting of December 3, 1985. c. Approval of Payment of Warrants as Audited per Warrant List of January 13, 1986, in the amount of $122,412.15, and Payrolls of December 12, 1985 and December 26, 1985, in the amounts of $31,691.45 and $32,829.23 respectively. d. Acceptance of Notice of Completion and Authorization for Re- cordation. e. Consideration of Adoption of Negative Declaration 85- ND -24. Applicant: Jack K. Wood. Location: Approximately 315 feet Page 9 Beaumont City Council January 13, 1986 southwest of the intersection of Eighth Street and Allegheny Avenue. f. RESOLUTION NO. 1986 -06 - Appointment of Superintendent of Streets and Deputy Superintendent of Streets. (Assessment District No. 1983 -1). g. RESOLUTION NO. 1986 -07 - Directing Preparation of Amended Assessments and Diagrams Relating to Certain Assessments in Assessment District 1983 -1. h. Report of Planning Commission Action at Meeting of December 17, 1985. i. RESOLUTION NO. 1985 -28 - Pursuant to Chapter 10.04 of the Municipal Code of Beaumont to Designate Speed Zones. j. RESOLUTION NO. 1986 -04 - Interpreting the Precise Alignment of Proposed Street, Westward Avenue. k. Resolution No. 1986 -05 - Resolution of Intention to Provide Adequate Funding to Implement and Operate a Pretreatment Program. (RWQCB Order No. 85 -79). Motion by Councilman Partain, second by Councilman Shaw, to approve Consent Calendar Items No. "a" through "k ". AYES: Councilmen Partain, Mitchell. NOES: None. ABSTAIN: None. ABSENT: None. Shaw, Waller, Russo and Mayor On Motion by Councilman Shaw, second by.Councilman Waller, with a unanimous vote, the meeting was adjourned at 10:15 P.M. Respectfully submitted, M Page 10 BEAUMONT CITY COUNCIL MINUTES OF JANUARY 27, 1986 The Beaumont City Council met in a regular meeting at 7:35 P.M., Monday, January 27, 1986, in the City Council Chambers, with Mayor Mitchell presiding. The Invocation was given by Councilman Partain. The Pledge of Allegiance to the Flag was led by Councilman Russo. On Roll Call the following Council Members were present: Partain, Shaw, Waller, Russo and Mayor Mitchell. Prior to proceeding with the agenda, the following adjustments were made: Motion by Councilman Partain, second by Councilman Shaw, to add Agenda Item No. 10 to consider a promotion of the City of Beau- mont. There being no one opposed, the motion carried unanimously. Motion by Councilman Partain, second by Councilman Waller, to move Agenda Item No. 10 for consideration prior to Agenda Item No. 1. There being no one opposed, the motion carried unanimously. The City Manager presented a request from the City Attorney that Agenda Item No. 8 be discussed in closed session due to the pending litigation concerning the subject matter. 10. 1. Motion by Councilman Waller, second by Councilman Shaw, to hear Agenda Item No. 8 in closed session pursuant to Govern- ment Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been intiated formally and to which the City is a party. The title of the litigation is Citizens Against Pass Area Prisons, et al. vs City of Beaumont, et al., Case No. 164329, Riverside Superior Court, with this closed session being added as Agenda Item No. 11. There being no one opposed, the motion carried unanimously. OUT OF SEQUENCE. Consideration of Promotion of City of Beaumont as City With a Heart, or City That Cares, with Direction to the City Attorney for Preparation of a Resolution. Motion by Councilman Partain, second by Councilman Shaw, for a promotion of the City of Beaumont with that promotion called City With a Heart, or City That Cares, and to direct the City Attorney to prepare a Resolution meeting the needs of persons in situations of extreme difficulty caused by actions that may be beyond their control. AYES: Councilmen Partain, Mitchell. NOES: None. ABSTAIN: None. ABSENT: None. ORAL COMMUNICATION: Shaw, Waller, Russo and Mayor Mr. Joel Pergler, 995 Elm Street, Beaumont, requested assistance from'the City for more control and supervision of the people who are residents of the Sunset Plaza facility, as his family has been harrassed and threatened by residents of the facility. Page 1 2. Beaumont City Council January 27, 1986 Councilman Waller questioned whether or not it is the County who has jurisdiction of placement of the residents. Councilman Russo suggested that Mr. Pergler first attempt to contact the owner to see if the problem can be resolved, then secondly the Police Department, and if he receives no satis- faction from either of these, to then contact the City Manager for assistance. Councilman Waller volunteered to serve as a committee of one to investigate County involvement in this facility as he feels the City should become actively involved as to the selection and placement of the residents, as well as supervision and control. APPEAL of Planning Commission Decision. Appellant: Vincent D. Schiro. Location: 625 Palm. (85 -GP -3, 85- RZ -5). The City Manager presented a,request from the appellant asking that the Council return the project to the Planning Commission for their consideration of a redesign whereby there would be no egress or ingress from the alley, and further requesting that, if the Council takes this action, they also cause the Notice and Public Hearing be made in a timely manner so the City Council can review and make their decision within sixty days. The City Manager then pointed out that if the Council did decide to send this back to the Planning Commission, that the proper procedure would be to ask the applicant to ask the City Council not to continue to hear the appeal, but a motion be made to send the item back to the Planning Commission to study its revised plans. Since there is a change in plans it would not be proper for it to come back as an appeal item. This would not, however, eliminate an appeal should the Planning Commission turn it down. The City Council then heard Mr. Victor Schiro who outlined his reasons for wishing this to be returned to the Planning Commission. Mr. Harold Blackaby also addressed the Council stating his objec- tions to this being returned to the Planning Commission. Motion by Councilman Russo, second by Councilman Waller, to grant the request of Mr. Schiro to kill the appeal process of his ori- ginal plan and to send this back to the Planning Commission to study the revised plan, with the notice and public hearing being made in a timely manner so that a decision could be made within sixty days, with no additional fees being charged to the appli- cant, and a 90 day waiver of any statutory requirements on this project from the applicant. AYES: Councilmen Waller and Russo. NOES: Councilmen Partain, Shaw and Mayor Mitchell. ABSTAIN: None. ABSENT: None. MOTION FAILED. Motion by Councilman Partain, second by Councilman Shaw, to deny the appeal. AYES: Councilmen Partain, Shaw, Waller and Mayor Mitchell. NOES: Councilman Russo. ABSTAIN: None. ABSENT: None. MOTION CARRIED. Page 2 3. 4. 5. M 7. AM Beaumont City Council January 27, 1986 Report from City Manager Regarding Use of Gymnasium and Other Civic Center Facilities. (Continued from January 13, 1986). The City Council received public input from members of the gymnastics group using the gymnasium, as well as Mr. Earl Woodley, Jr., speaking for the Volley Ball League who utilizes the gym for their practice. The gymnastics group asked to be allowed to continue their use of the gymnasium, and Mr. Woodley stated that if they are unable to utilize the entire floor of the gymnasium, they would appreciate consideration being given to charging them only one -half the fee. After hearing all public input concerning this agenda item, Mayor Mitchell called a recess at 8:44 P.M., with the meeting being re- convened at 8:54 P.M. Motion by Councilman Shaw, second by Councilman Waller, to hold this agenda item in abeyance until the next meeting, with the City Manager making a progress report at that time. There being no opposition, the motion carried unanimously. Request for Direction as to the City Policy of Authorizing Sewer Hookups Outside the City Limits. Motion by Councilman Waller to not allow any sewer connections outside the City limits until the pending matter of Agenda Item No. 8 be resolved concerning the proposed sewage plant. DIED FOR LACK OF A SECOND. It was agreed by the Council that no further action was necessary on this agenda item, to be brought back to the Council at the City Manager's discretion. Report from Councilmen Russo and Partain Concerning Construction of Scout House. (Continued from December 9, 1985). This agenda item was continued to February 10, 1986. Consideration of Applications Received for Appointment to Mobile Home Rent Review Commission. (Continued from December 9, 1985). Motion by Councilman Russo, second by Councilman Partain, to direct the City Attorney to prepare an amendment to Ordinance 602 pro- viding for a hearing officer or other viable solution. AYES: Councilmen Partain, Mitchell. NOES: None. ABSTAIN: None. ABSENT: None. Shaw, Waller, Russo and Mayor Request from Mr. Richard Testerman to Speak Regarding Curb Painting in 400 Block of East 6th Street. Motion by Councilman Russo, second by Councilman Partain, to file report and concerns of Mr. Testerman regarding curb painting. AYES: Councilmen Partain, Shaw and Russo. NOES: Councilman Waller and Mayor Mitchell. ABSTAIN: None. ABSENT: None. Request from Councilman Waller for Reconsideration of Proposed Sewage Plant in San Timoteo Canyon. This agenda item will be heard in closed session as Agenda Item No. 11. Page 3 Beaumont City Council January 27, 1986 9. CONSENT CALENDAR: a. Approval of Minutes of Special Council Meeting of January 3, 1986 and Regular Council Meeting of January 13, 1986. b. Acceptance of Minutes of Regular Planning Commission Meeting of December 17, 1985. c. Approval of Payment of Warrants, as Audited per Warrant List of January 27, 1986, in the amount of $163,962.50; and Pay- roll of January 9, 1986, in the amount of $32,996.11. d. ORDINANCE NO. 621 - SECOND READING - Rezoning Certain Property from R -A, Residential Agriculture to PUD -RMF, Residential Multiple Family. e. Receipt, Approval and Order to be Placed on File by City Clerk of Report of Amended Assessments, Amended Assessment and Amended Diagram. (Assessment District No. 1983 -01). f. RESOLUTION NO. 1986 -08 — Declaring Intention to Order Certain Changes and Reapportionment of Assessments in a Special Assess - ment District and Setting a Time and Date for Public Hearing. g. RESOLUTION NO. 1986 -09 - Endorsing the "Fair Responsibility Act of 1986 ". h. RESOLUTION NO. 1986 -10 - Authorizing City Representatives to Acquire Federal Surplus Property from the California State Agency. i. Acceptance of Audited Financial Statement for Fiscal Year Ending June 30, 1985. j. Report of Planning Commission Action at Meeting of January 21, 1986. Motion by Councilman Shaw, second by Councilman Russo, to approve Consent Calendar Items "a" through "j". AYES: Councilmen Partain, Shaw, Waller, Russo and Mayor Mitchell. NOES: None. ABSTAIN: None. ABSENT: None. 11. The meeting was recessed to closed session pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the City is a party. The title of the litigation is Citizens Against Pass Area Prisons, et al., vs City of Beaumont, et al., Case No. 164329, Riverside Superior Court. The meeting was recessed at 10:03 P.M., reconvening to regular session at 10:40 P.M. Let the record show no definitive action was taken in closed session. Motion by Councilman Russo, second by Councilman Waller, to adjourn this meeting to Wednesday, January 29, 1986, at 5:00 P.M., in the City Manager's Conference Room. Bpi ;. dnanimous -voice vote, the meeting was adjourned at 10:41 P.M. tfully submitted, ty City Cler Page 4 BEAUMONT CITY COUNCIL MINUTES OF ADJOURNED MEETING OF JANUARY 29, 1986 (Adjourned from January 27, 1986) The Beaumont City Council met in an adjourned meeting at 5:02 P.M., on Wednesday, January 29, 1986, in the City Manager's Conference Room, with Mayor Mitchell presiding. On Roll Call the following Council Members were present: Shaw, Waller, Russo and Mayor Mitchell. Let the record show Councilman Partain arrived at 6:00 P.M. 1. To Confirm that the American Flag shall be Flown at Half -Mast on All City Buildings for the Period of Mourning Declared by Presi- dent Reagan for the Seven Challenger Astronauts. Motion by Councilman Russo, second by Councilman Shaw, that the American Flag shall be flown at half -mast on all City buildings for the period of mourning declared by President Reagan. There being no opposition, the motion carried with 4 ayes, 1 absent. 2. 3. 4. Approval of Waiver of Permits and Fees for SEEP Benefit. Motion by Councilman Waller, second a blanket waiver of all permits and participating in the benefit to be 1986, at the Beaumont Civic Center, to, bingo and other games regulated this one time only event. by Councilman Shaw, to approve fees for all organizations zeld on Sunday, February 2, to include, but not be limited by municipal ordinances, for AYES: Councilmen Shaw, Waller, Russo and Mayor Mitchell. NOES: None. ABSTAIN: None. ABSENT: Councilman Partain. RESOLUTION NO. 1986 -11 - Adopting a Promotional Program of Assist- ance to Certain Needy Groups of Citizens. RESOLUTION NO. 1986 -12 - Authorizing Payment of Portion of Rent Subsidy for Tenants of Beaumont Park Apartments. There was lengthy discussion by the Council concerning these two resolutions, as well as the legal opinion submitted by the City Attorney. During this discussion the meeting was recessed at 5:10 P.M., reconvening at 5:36 P.M., and recessed again at 6:04 P.M., reconvening at 6:17 P.M. These recesses were for the purpose of allowing the Council Members time to review the reso- lutions and the City Attorney's legal opinion. Mr. Norman Davis addressed the Council suggesting that the City buy the building as a public housing facility. With an average rental of $250.00 per month this would give the City approximately $117,000 per year. He further pointed out that the Housing Authority, through Community Development, allocates money to Beaumont and Banning each year for housing, and he did not believe the City of Beaumont has used this allocation. He felt the City should contact Community Development to find out if this allocated money could be used for this purpose. Page 1 Beaumont City Council January 29, 1986 Motion by Councilman Waller, second by Councilman Shaw, to set Items No. 3, Resolution No. 1986 -11 and No. 4, Resolution No. 1986 -12, over to an adjourned meeting to be held on Friday, January 31, 1986 at 5:00 P.M., in the City Manager's conference room, with the City Manager and City Attorney to be present at this meeting. AYES: Councilmen Partain, Shaw, Waller and Russo. NOES: Mayor Mitchell. ABSTAIN: None. ABSENT: None. The meeting was adjourned to 5:00 P.M.,.Friday, January 31, 1986 at 6:21 P.M. Re .5pnctfully submitted, JO • Deffaty City Page 2 BEAUMONT CITY COUNCIL MINUTES OF ADJOURNED MEETING OF JANUARY 31, 1986 (Adjourned from January 29, 1986) The Beaumont City Council met in an adjourned meeting at 5:09 P.M., on Friday, January 31, 1986, in the City Council Chambers, with Mayor Mitchell presiding. On Roll Call the following Council Members were present: Shaw, Waller, and Mayor Mitchell. Let the record show Councilman Russo arrived at 5:14 P.M. Councilman Partain was absent. 1. RESOLUTION NO. 1986 -11 -Adopting a Promotional Program of Assist- ance to Certain Needy Groups of Citizens. Ms. Marge Gordon, 474 Laraine Drive, Manager of the Valley Mobile Home Park, spoke in favor of the resolution and requested the Council to also consider giving rental assistance to certain re- sidents of the Valley Mobile Home Park. Ms. Gordon was informed that, if the resolution is adopted tonight, her request would automatically be placed on the next regular agenda. Ms. Barbara Redding, 1451 Michigan, and Mr. Art Holcomb, 11441 Dutton, each spoke in favor of the Resolution. Mr. Oscar Berg, 1169 Euclid spoke in opposition to the Resolution. There was lengthy- discussion at the Council level, with the City Manager and City Attorney participating. Each member of the Council made a statement concerning their position regarding the adoption of the Resolution. Motion by Councilman Shaw, second by Councilman Waller, to adopt Resolution No. 1986 -11. AYES: Councilmen Shaw, Waller and Mayor Mitchell. NOES: Councilman Russo. ABSTAIN: None. ABSENT: Councilman Partain. 2. RESOLUTION NO. 1986 -12 - Authorizing Payment of Portion of Rent Subsidy for Tenants o Beaumont Park Apartments. AYES: Councilmen Shaw, Waller and Mayor Mitchell. NOES: Councilman Russo. ABSTAIN: None. ABSENT: Councilman Partain. There being no further business to come before the Council, on motion by Councilman Waller, second by Councilman Shaw, with no one opposed, the meeting was adjourned at 6:13 P.M. Restfully submitted, ty City Clerk BEAUMONT CITY COUNCIL MINUTES OF FEBRUARY 10, 1986 The Beaumont City Council met in a regular meeting at 7:35 P.M., on Monday, February 10, 1986, in the City Council Chambers, with Mayor Mitchell pre - sidinq. The Invocation was given by City Attorney George Ryskamp. The Pledge of Allegiance to the Flag was led by Mrs. Ann Connors. On Roll Call the following Council Members were present: Partain, Shaw, Waller, Russo and Mayor Mitchell. 1. ORAL COMMUNICATION: a. Mr. Tony Bauer, 640 Donna Drive, addressed the Council, stating he is a new resident of Beaumont, and since moving to Beaumont he has seen many things which need to be straightened out or need to be done better. Speed limit signs need to be erected, and there need to be street name signs put up. He would also like to see a Neighborhood Watch program initiated in Beaumont, as well as a neighborhood patrol. b. Mr. Don Redding, 1451 Michigan Avenue, Apt. 25, addressed the Council relative to the S.E.E.P. foundation stating they have $628.60, and should know more about the expenses of the benefit by the end of this week. He also announced the resignation of Mr. Bob Gellis since his working for Mr. Mitchell has caused some problems. He then indicated they intended to turn the remainina funds raised over to the seniors or the HELP organi- zation for distribution. Mayor Mitchell asked if they were now preparing an accounting of the donations and profit from the S.E.E.P. benefit, and they would have a report for the benefit of all people by the end of the week, receiving an affirmative answer from Mr. Redding. He then stated the books would be available for any- one who wished to see them by the end of the week. PUBLIC HEARINGS: 2. TENTATIVE PARCEL MAP 20912. Applicant: Ernest and Jacquein Kelly. Location: About 250 feet East of Wellwood Avenue and 11th Street. Proposed Two (2) lot land division of .794 acres. The Public Hearing was opened at 7:45 P.M. Mayor Mitchell: Do we have someone, Mr. Bounds, who would like to make a statement from the standpoint of the staff. City Manager Bounds: Basically, I will speak for it. This is a two lot land division on 11th Street between Wellwood and Edgar. It will create two parcels, one of 14,000 square feet and one of 16,800 square feet, both being single family in their zoning and designed for single family use. Staff recommends approval of this land division. Mayor Mitchell: At the present time we have a request to speak on Item No. 2 by Pauline Barajas. Pauline Barajas: I am Mr. and Mrs. Bernardo Barajas' daughter. My dad is sitting back there and he would come up but he doesn't speak that well of english. We are wondering why Mr. Ernest Kelly would like to buy the property from my mom and dad. We don't know anything of what is going on except the form letter we got. Would you ex- plain to me why, and what is going on. This is the first - we found out - January 22 was the first time we found out that somebody wanted to buy my mom and dad's property. Maybe if you could Page 1 3. 4. 5. Beaumont City Council February 10, 1986 explain to me, I could let my dad know. Mayor Mitchell: Well, Bob, I will have to talk this one over with you. Robert Bounds: I have it listed as the owner as Ernest and Jacquien Kelly. The City Manager then had Mrs. Barajas review the parcel map in an effort to determine the exact property she is referring to. The City Attorney then entered the discussion with Ms. Barjas and her father, with the conversation taking place in spanish. Mayor Mitchell: With deference to everyone here, Mr. Ryskamp, would you please tell us what has transpired. Mr. Ryskamp: Basically, what has happened is that due to, in part, the language barrier, and in part misunderstanding of the procedures, when they received the notice they assumed that somebody had sold their property, and in reality they own the property at the corner, and are not opposed to the use of this piece once they realized what it was. Mayor Mitchell: Okay. Thank you very kindly. So this has been recommended by the staff, is that correct. Mr. Bounds: Yes. Mayor Mitchell: Is there any opposition on the Council, or is there anyone else to speak on this from the public hearing. Okay, we will declare the public hearing closed. The Public Hearing was closed at 7:49 P.M. Motion by Councilman Russo, second by Councilman Shaw, to approve Tentative Parcel Map 20912 with the conditions of approval to be included as submitted. There being no opposition, the motion carried unanimously. TENTATIVE PARCEL MAP 21429. Applicant: Richard and Joan Romney. Location: Northwest Corner of Beaumont Avenue and the Southerly City Limits. The Public Hearing was opened at 7:50 P.M. There being no proponents or opponents wishing to speak, the Public Hearing was declared closed at 7:51 P.M. Motion by Councilman Shaw, second by Councilman Russo, to approve Tentative Parcel Map 21429 with the conditions of approval to be included as submitted. There being no opposition, the motion carried unanimously. Progress Report from City Manager Regarding Use of Gymnasium and Other City Facilities. (Continued from January 27, 1986) The City Manager presented his progress report to the City Council, this report being a matter of record in the City Clerk's file. It was the concensus of the Council to receive a continuing progress report from the City Manager at the next regularly scheduled Coun- cil meeting, with the report to include information concerning kitchen facilities. Report from Councilmen Russo and Partain Concerning Construction of Scout House. (Continued from January 27, 1986). Councilman Russo reported to the Council that they have tried to Page 2 0 7. Beaumont City Council February 10, 1986 develop a program between the Boy Scouts of America, the Water District and various service organizations and businesses to relocate the Scout House. The snag they have run into is that the Boy Scouts of America is not in the position to take poss- ession of a building, or in a position to assume the liability for a building. The major problem is that at some point in time, if we are to get involved in the program of building a scout house someone is going to have to retain ownership and the maintenance. The scouts will provide maintenance annually, or as needed, for painting projects, etc., but the ownership and the responsibility needs to be either with the City or a service club, or some other unit. Councilman Russo then asked for addi- tional time to continue working with people in the community to come up with a solution. They would also like to be able to continue pursuing the option of using either present City facilities or an expansion of City facilities. Councilman Partain had nothing further to add except that he wished to approach various service organizations and find the possibility of donations towards the building, and that both he and Councilman Russo are not in favor of the site of the scout house being in the park, but would rather see it placed here in this facility. It was the concensus of the Council to give Councilmen Russo and Partain an additional thirty days, with a report back to the Council at that time. Report from City Manager Concerning Feasibility of Hiring Certified Parliamentarian. (Continued from January 13, 1986). The City Manager pointed out it was his understanding that the feasibility report on the hiring of a certified parliamentarian not be done at this time, but rather that he was to investigate possible policies and procedures for conducting Council meetings. He then reported that he has received policies and procedures from two cities and is waiting for an update from one of them. He is in the process of drafting a suggested policies and procedures for the City of Beaumont at this time. Councilman Waller stated that since the request concerning the feasibility of hiring a certified parliamentarian originated with him, he is willing to forget the parliamentarian and proceed with the City Manager's suggested draft of policies and procedures to be used by the City Council. After the Council has had the opportunity to review this draft, they can then go from there. It was the concensus of the Council to allow the City Manager to bring this draft back to the Council at a date determined by the City Manager. Report from City Manager Concerning Weekend Meeting to Set Short Range and Lonq Range Goals. (Continued from December 9, 1986). The City Manager presented his report concerning the use of two separate facilities. This report is a matter of record in the City Clerk's file. Councilman Russo felt it was too expensive to have a meeting in facilities other than City facilities, and also felt a weekend meeting would be too much. He suggested having the meeting in the City Manager's conference room. Councilman Waller indicated he was in favor of at least having the meeting at Highland Springs to insure they could have unin- terrupted time in which to hold this meeting, although he agrees that the price of the meeting room is too high and there should be a happy medium somewhere. Page 3 Beaumont City Council February 10, 1986 Councilman Partain indicated he could work it either way. He could work in either place just so long as they get busy and have the meeting. Councilman Shaw said he was not in favor of an overnight meeting due to the illness of his wife, but that he would be amenable to a one day meeting at Highland Springs, but not out of the City. Mayor Mitchell commented that one day away from all telephone calls along with their own personal business could be advantageous to the City of Beaumont. Cost is not the primary requisite. If the Council could get together and look at the City objectively in- stead of subjectively, he believes they could do something good for all the people. City Attorney Ryskamp offered the facilities available at his office building for use for this meeting, which would be at their disposal from 5:00 P.M. on Friday through Saturday. Councilman Partain pointed out he had made this request, and he wanted the planning to take into consideration that they would have a long session on Friday night, and be ready to start early Saturday for another long session, and he will be pushing personally for about eight hours on Friday and-about twelve hours on Saturday. The City Manager was directed to report back to the Council after he and Councilman Partain have analyzed the discussion. The Council also appeared to be in favor of contacting Mr. Ross Nammar to act as the facilitator for this meeting. 8. RESOLUTION NO. 1986 -13 - Authorizing the Signing and Execution of an Amendment to the Memorandum of Understanding between the City of Beaumont and the Beaumont Confederation of Police. RESOLUTION NO. 1986 -14 - Authorizing the Signing and Execution of an Amendment to the Memorandum of Understanding between the City of Beaumont and the Police Sergeants as Individuals. RESOLUTION NO. 1986 -15 - Authorizing the Signing and Execution of an Amendment to the Memorandum of Understanding between the City of Beaumont and Management and Administrative Employees as Individuals. RESOLUTION NO. 1986 -16 - Authorizing the Signing and Execution of an Amendment to the Memorandum of Understanding between the City of Beaumont and the General Employees Unit. Motion by Councilman Russo, second by Councilman Waller to adopt Resolutions No. 1986 -13, 1986 -14, 1986 -15 and 1986 -16. There being no opposition, the motion carried unanimously. 9. RESOLUTION NO. 1986 -17 - Amending Resolution No. 1984 -05 and All Other Resolutions in Conflict Herewith to Provide for Updated Collection Costs for Residential Users and Commercial Bin Users. Motion by Councilman Partain, second by Councilman Waller, to adopt Resolution No. 1986 -17. There being no opposition, the motion carried unanimously. 10. Request from City Attorney to Attend Winter Continuing Education Program of Municipal Attorneys. Motion by Councilman Waller, second by Councilman Russo, to approve the request of the City Attorney to attend the Winter Continuing Education Program of Municipal Attorneys including authorization for Deputy City Attorney Larry Gunnels to also attend. There being no opposition, the motion carried unanimously. Page 4 Beaumont City Council February 10, 1986 11. Selection of Firm to Perform Audit of City Funds for Next Three Fiscal Years. Motion by Councilman Russo, second by Councilman Shaw, to authorize the City Manager to execute a contract with Conrad and Associates to perform the City Audit for Fiscal Years 1985 -86 through 1987 -88 for the fee provided in their proposal. There being no opposition, the motion carried unanimously. 12. CONSENT CALENDAR: a. Approval of Minutes of Regular Council Meeting of January 27, 1986, Adjourned Council Meeting of January 29, 1986 and Ad- journed Council Meeting of January 31, 1986. b. Acceptance of Minutes of Regular Planning Commission Meeting of January 21, 1986. C. Approval of Payment of Warrants as Audited per Warrant List of February 10, 1986, in the amount of $44,776.74; and Payroll of January 23, 1986, in the amount of $33,358.60. d. Consideration of Adoption of Negative Declaration 86 -ND -1. Applicant: Neal T. Baker Enterprises. Location: Southeast corner of 8th Street and Michigan Avenue. e. Consideration of Approval of Fee Exempt Permit for Rotary Club of Beaumont to Sponsor the Carson and Barnes Circus in Beaumont. f. Approval of Transfer of Parkway Lease Between City of Beaumont and Ethel J. Grant to 3 -M Trust. Location: Pioneer Trailer Court, 1055 E. 6th Street. g. Report of Planning Commission Action at Meeting of February 4, 1986. Let the record show, Consent Calendar Item No. "f" was removed from the Consent Calendar at the request of Mr. Lyman Burhop, and will be considered as Agenda Item No. 13 separate from the Consent Calen- dar. Motion by Councilman Russo, second by Councilman Partain, to approve the Consent Calendar with the exception of Item No. "f ". There being no opposition, the motion carried unanimously. 13. Approval of Transfer of Parkway Lease Between City of Beaumont and Ethel J. Grant to 3 -M Trust. Location: Pioneer Trailer Court, 1055 E. 6th Street. Mr. Burhop asked what the length of this lease is, what the monetary arrangement is and how many mobile homes are parked within the park- way. Mayor Mitchell pointed out to Mr. Burhop that this is merely a transfer of this lease and if he has questions on the lease itself he should place it on the agenda for the next meeting. Motion by Councilman Waller, second by Councilman Russo, to bring the questions concerning this lease back as an agenda item for the next regular meeting. There being no opposition, the motion carried unanimously. There being no further business to come before the Council, on motion by Councilman Shaw, second by Councilman Russo, the meeting was adjourned at 8:45 P.M. ctfully submitted, DejMty City Clerk Page/5 BEAUMONT CITY COUNCIL MINUTES OF FEBRUARY 24, 1986 The Beaumont City Council met in a regular meeting at 7 :35 P.M., on Monday, February 24, 1986, in the City Council Chambers, with Mayor Mitchell presiding. The Invocation was given by Michael Duersch, Church of Jesus Christ of Latter Day Saints. The Pledge of Allegiance to the Flag was led by Councilman Russo. On Roll Call the following Council Members were present: Partain, Waller, Russo and Mayor Mitchell. Councilman Shaw was excused. I. ORAL COMMUNICATION: There were no requests to speak under oral communication. 2. PUBLIC HEARING - Proposed Reapportionment of Assessments. (Assessment District 1983 -1) Public Hearing Opened at 7:40 P.M. The Superintendent of Streets, Bob Bounds, gave a brief description of the purpose of the hearing and the procedure. There were no proponents or opponents wishing to speak. The Public Hearing was closed at 7:41 P.M. RESOLUTION NO. 1986 -18 - Confirming Amended Assessments and Diagrams. Motion by Councilman Russo, second by Councilman Partain, to adopt Resolution No. 1986 -18. On a vote of 4 ayes, 1 absent, the motion carried unanimously. 3. ORDINANCE NO. 626 - An Urgency Ordinance Amending Title 13, Chapter 13.16, Pertaining to Mobile Home Rent Review Commission. Motion by Councilman Partain, second by Councilman Waller, to consider adopting Urgency Ordinance 626 by reading of the title only. On a vote of 4 ayes, 1 absent, the motion carried unanimously. The Ordinance was read by title only by the Deputy City Clerk. The City Attorney indicated a change should be made in the title of the Ordinance to read "insufficient" rather than "insignificant ". The Clerk was directed to make this change. Page 1 Beaumont City Council February 24, 1986 Motion by Councilman Partain, second by Councilman Russo, to adopt Urgency Ordinance No. 626 at its first reading. On a vote of 4 ayes, 1 absent, the motion carried unanimously. 4. Certification of the Results of the Examination of Recall Petition. The Deputy City Clerk read the Certification by the City Clerk, Irene Joyce Sweeney, in its entirety. 5. RESOLUTION No. 1986 -19 - Calling and Giving Notice of the Holding of a Special Municipal Election. City Attorney, George Ryskamp, related to the Council and the audience what had transpired today concerning the proposed reca I I , as follows: Just before noon copies of papers were served upon the Deputy City Clerk and the City Clerk relative to a Writ of Mandate that was to be requested, as well as a Stay Order that was going to be requested by an ex parte, in other words without the usual ten day notice. This ex parte hearing was to request a stay order preventing the Council from taking any action this evening. The Riverside Superior Court has a local Court rule that requires 24 hour telephonic notice to be given to the party against whom an ex parte application, in chambers, without written notice, is to be given. That was not done in this case, and the City Attorney was surprised to find the papers served at this late date. He then called the attorney involved and learned that they were, in fact, planning to go in ex parte, not understanding the Riverside rule, and request and order staying this Council from taking action of any kind this evening. In his concern to see that the matter was properly handled, and at the same time handled expeditiously so that the issue could be resolved, and being concerned about the March 7 deadline to consolidate the recall election, if there is going to be a recall election, with the June primary, because it will save the City several thousand dollars, the City Attorney indicated to the attorney for Mr. Mitchell that he would meet her there, ignoring the requirement that we should have been given 24 hour notice, and attempt to resolve the matter, get a date and be ready to move forward. They did appear, and were first sent to two other judges before appearing before Judge Bailey, in Department 1, to hear the matter. After reviewing the papers prepared by Mr. Mitchell's attorney, without written response from the City Attorney, the Judge advised he would not grant the Stay Order since there had not been proper notice to respondents. After negotiation with Mr. Mi tchel I 's attorney, the Judge issued a stipulated order to the City Council that they proceed this evening and set the election and request consolidation with the June primary. The order further directed the Clerk not to file the resolutions until after March 6, at 5:00 P.M. The hearing is set for 8:30 on March 6 and hopefully the Court will have made its ruling by 5:00 P.M. If it has not, the stipulated order also contained a request that the election department take no action that would take us into a position of difficulty for 10 Page 2 Beaumont City Council February 24, 1986 days from March 7, in terms of their requirements, in order to get this on the June ballot. The City Attorney then advised the Council this is the order that is before them now that they proceed to take their ministerial duty, and he emphasized there is no discretion in this body, they cannot say no, there will be no election. In the event they do not act within 14 days, the County Clerk will then act to have an election called. The Court will make the decision. If the Court orders that this is not a valid election, then, everything will stop, but that is not within their discretion in any case, whether there were a Court order or not, for this body. The Court order before them merely states that it shall be done tonight, and gives the further protection, while taking care of it tonight, to be certain that the timetables are met to protect the rights of Mr. Mitchell and the needs of the City. At this point, Mayor Mitchell yielded the chair to Mayor Pro Tem Waller for Council consideration of the two resolutions. Motion by Councilman Russo, second by Councilman Partain, to adopt Resolution No. 1986 -19, calling and giving notice of the holding of a Special Municipal Election, and directing the City Clerk to not file said resolution until after 5:00 P.M., March 6, 1986, unless otherwise directed by the Court; and further directing the Clerk to file the resolution with a request to the elections department that any action, that would make it impractical to remove said recall election from the ballot, not be taken for at least ten days after March 7, 1986, unless the Court has already ruled on the requested Writ of Mandate, Case No. 177116, Riverside Superior Court AYES: Councilman Partain, Mayor Pro Tem Waller, Councilman Russo and Mayor Mitchell. NOES: None. ABSTAIN: None. ABSENT: Councilman Shaw. Mayor Mitchell resumed the chair and conducted the meeting from this point on. 6. RESOLUTION NO. 1986 -20 - Requesting the Board of Supervisors of the County of Riverside to Consolidate a Special Municipal Election of Said City to be Held on June 3, 1986 with the Statewide Primary Election. . Motion by Councilman Russo, second by Councilman Partain, to adopt Resolution No. 1986 -20, requesting the Board of Supervisors of the County of Riverside to Consolidate a Special Election of Said City to be Held on June 3, 1986 with the Statewide Primary Election, subject to the same stipulated order issued by Judge William R. Bailey, Jr., in Case No. 177116, Riverside Superior Court as applied to Resolution No. 1986 -19. There being no opposition, the motion carried by 4 ayes, absent. 7. Review of Parkway Lease for Pioneer Trailer Park. (Continued from February 10, 1986). Page 3 8. 9. Beaumont City Council February 24, 1986 After hearing a report from the City Manager, and allowing Mr. Gordon Meyer, Trustee for Pioneer Trailer Park, to address the issue, the City Council continued this agenda Item to March 10, 1986 to allow the City Manager to meet with Mr. Meyers to discuss renegotiation of the lease. Request for Reimbursement of Costs Incurred Due to Sewer Blockage. Motion by Councilman Russo, second by Councilman Waller, to pay the claim in the amount of $100.17, with notification to the property owner that any additional claims filed for damages at this specific residence as a result of a sewer blockage in the City's main line will not be considered for payment unless the property owner has installed a backflow device on their sewer lateral. There being no opposition, the motion carried with 4 ayes and 1 absent. Request from Transit Department for Transfer of Funds. Motion by Councilman Russo, second by Councilman Waller, to approve the budget transfer i n Department 7000 of $1,908.00 from Account No. 6040, $808.00 to Account No. 4044 and $1,100.00 to Account No. 4065. There being no opposition, the motion carried with 4 ayes and 1 absent. Mayor Mitchell left the chair at 8:33 P.M., returning to the chair at 8:35 P.M. with Mayor Pro Tem Waller taking the chair for this period of time. 10. Report from Purchasing Officer Relative to Carpeting for Room 9. Motion by Councilman Russo, second by Councilman Partain, to authorize the City Manager to purchase the carpet, installed, for Room 9 from Beaumont Hardware for $1,283.45, with the cost to be charged to budget account 1450 -6030, General Government - Building. There being no opposition, the motion carried with 4 ayes, 1 absent. 11. Consideration of Claim Filed Against City by Ms. Joyce Mueller. Motion by Councilman Russo, second by Councilman Partain, to deny the claim of Ms. Joyce Mueller. There being no opposition, the motion carried with 4 ayes, 1 absent. 12. Progress Report on Gymnasium. The City Manager presented a plan for a proposed storage area and kitchen facility adjacent to the gymnasium. After hearing Mr. Bounds' report, and reviewing the plan, it was the concensus of the Council to continue this agenda item to the next regular meeting of March 10, to allow time for further study so the Council may then give direction to the City Manager. Page 4 Beaumont City Council February 24, 1986 13. CONSENT CALENDAR - a. Approval of Minutes of Regular Council Meeting of February 10, 1986. b. Approval of Payment of Warrants as Audited per Warrant I i st of February 24, 1986, in the amount of $37,950.05, and Payroll of February 6, 1986, in the amount of $33,456.75. C. RESOLUTION NO. 1986 -21 - Authorizing a Dividend Program in PAS[ S Workers' Compensation Program. Motion by Councilman Russo, second by Councilman Waller, to adopt the Consent Calendar. There being no opposition, the motion carried with 4 ayes, 1 absent. 14. Recess to Closed Session Pursuant to Government Code Section 54956.9(a) to Confer with its Attorney Regarding Pending Litigation which has been initiated formally (but not yet served on the City) and to which the City is a party. The title of the litigation is Brownell vs City, Case No. 184372, Orange County Superior Court. Recess to Closed Session at 8:50 P.M. Reconvene to Regular Session at 9:12 P.M. Let the record show no definitive action was taken in closed session. Motion by Councilman Russo, second by Councilman Partain, to authorize settlement in the sum of $6,500.00 as recommended by the insurance adjuster and concurred with by the office of the City Attorney. There being no opposition, the motion carried with 4 ayes, 1 absent. There being no further business to come before the Counci I on Motion by Councilman Waller, second by Councilman Russo, the meeting was adjourned at 9:14 P.M. Respectfully submitted, It D• uty City Cle Page 5 BEAUMONT CITY COUNCIL MINUTES OF MARCH 10, 1986 The Beaumont City Council met in a regular meeting at 7:34 P.M., on Monday, March 10, 1985, in the City Council Chambers, with Mayor Mitchell presiding. On Roll Call the following Council Members were present: Partain, Shaw, Waller, Russo and Mayor Mitchell. The Invocation was given by Councilman Partain. The Pledge of Allegiance to the Flag was led by Councilman Waller. Motion by Councilman Partain, second by Councilman Shaw, to add Items No. 13 and 14 to the agenda. There being no opposition, the motion carried unanimously. The City Manager indicated that No. 13 would be a request for reimburse- ment for damages resulting from a sewer back -up and No. 14 would be consideration of a resolution regarding Assembly Bill 2666, with these agenda items to be heard directly following Item No. 10, prior to consideration of the Consent Calendar. 1. ORAL COMMUNICATION: There were no requests to speak under oral communication. 2. Discussion Relative to Funds Given to City by Civic Center Association to Provide Meeting Place for Girl Scouts. The City Council received a report from the City Manager concerning this agenda item. The report is a matter of record in the Clerk's file. Ms. Mary Curtis, 38176 Vineland, Cherry Valley, addressed the Council relative to the problems the Girl Scouts are experiencing with their current meeting place, or lack of a suitable meeting place. Ms. Barbara Lower, 5223 West Hoffer, Banning, a Beaumont Girl Scout Leader, also addressed the Council concerning the need of the Girl Scouts for a suitable, permanent meeting place. Both girl scout leaders then answered questions from the Council con- cerning their exact requirements. This agenda item was continued to the next regular meeting of March 24, to be incorporated with the ongoing report regarding the possible building of a storage facility and scout house. 3. Review of Parkway Lease for Pioneer Trailer Court. (Continued from February 24, 1986). The City Manager reported that Mr. Gordon Meyers was not available to meet with him until March 20, and requested this agenda item be con- tinued to the next regular meeting on March 24, at which time he would have a report of this meeting for the Council. 4. Decision Regarding Fee For Gymnastics Use of Gymnasium. Motion by Councilman Russo, second by Councilman Waller, to direct the City Manager to charge one -half the normal fee, plus $1.00, for the gymnastics program use of the gymnasium. There being no opposition, the motion carried unanimously. Page 1 Beaumont City Council March 10, 1986 5. Decision Regarding Reduction of Fee for Volley Ball Use of Gymnasium. Motion by Councilman Russo, second by Councilman Shaw, that the fee for the volley ball team remain as originally agreed upon at $88.00 a month. AYES: Councilmen Partain, Shaw and Russo. NOES: Councilman Waller and Mayor Mitchell. ABSTAIN: None. ABSENT: None. 6. Progress Report on Gymnasium. (Continued from February 24, 1986). 7. Report from Councilmen Partain and Russo Relative to Construction of Scout House. (Continued from February 24, 1986). It was the concensus of the Council that Agenda Items No. 6 and 7 would be considered together. These two agenda items were continued to the regular meeting of March 24, 1986. 8. Authorization to Accept and Deposit $667.60 into City's Transient Fund Representing Monies Collected by SEEP Committee from Benefit and Donations. Motion by Councilman Russo, second by Councilman Shaw, to accept the funds. There being no opposition, the motion carried unanimously. 9. Consideration of Adoption of Negative Declaration 86 -ND -3. Applicant: City of Beaumont. Amendment of Title 13 Pertaining to Pretreatment and Regulation of Wastes. Motion by Councilman Russo, second by Councilman Shaw, to adopt Nega- tive Declaration 86 -ND -3. There being no opposition, the motion carried unanimously. 10. ORDINANCE NO. 625 - FIRST READING - Amending Title 13 (Public Services) of the Municipal Code to Add Chapter 13.20 Pertaining to Pretreatment and Regulation of Wastes. Motion by Councilman Shaw, second by Councilman Waller, to pass Ordinance No. 625 at its first reading by reading of title only. There being no opposition, the motion carried unanimously. 13. Request for Reimbursement for Damages Resulting from Sewer Back -up. Motion by Councilman Russo, second by Councilman Shaw, to authorize the City Manager to negotiate with the claimant to replace the car- peting and to negotiate the other damages at a later date. Motion and Second were withdrawn by Councilmen Russo and Shaw. Motion by Councilman Russo, second by Councilman Waller, to authorize the City Manager to expend the funds necessary to replace the carpet regarding the request of Mr. Nolan; and further claims of damages will be negotiated by the Council. There being no opposition, the motion carried unanimously. 14. Request for Resolution Regarding Assembly Bill AB 2666. Motion by Councilman Russo, second by Councilman Waller, to adopt a Resolution supporting AB 2666. AYES: Councilmen Partain, Shaw, Waller, Russo and Mayor Mitchell. NOES: None. ABSTAIN: None. ABSENT: None. Page 2 Beaumont City Council March 10, 1986 11. CONSENT CALENDAR: a. Approval of Minutes of Regular City Council Meeting of February 24, 1986. b. Acceptance of Minutes of Regular Planning Commission Meeting of February 4, 1986 and February 18, 1986. c. Approval of Payment of Warrants as audited per Warrant List of March 10, 1986, in the amount of $90,325.62 and Payroll of February 20, 1986, in the amount of $33,565.99. d. RESOLUTION NO. 1986 -22 - Acceptance of Grants of Easement - Sewers and Ordering Recordation of Same. (Assessment District 1983 -1). e. RESOLUTION NO. 1986 -23 - Fixing Charge for Researching and Pro- viding Information with Respect to Remaining Balance of Assessments. (Assessment District 1983 -1). f. Permission for Councilman Partain to be Absent from the State for a Period of Ninety Days. g. Report of Planning Commission Action at Meeting of March 4, 1986. Motion by Councilman Russo, second by Councilman Partain, to adopt the consent calendar. There being no opposition, the motion carried unanimously. 12. The meeting was recessed to closed session pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending liti- gation which has been initiated formally and to which the City is a party. The title of the litigation is Beaumont - Cherry Valley Water District vs City of Beaumont, Case No. 282219, Mt. San Jacinto Judicial District Municipal Court, Banning, at 8:39 P.M. The meeting reconvened to regular session at 8:48 P.M. Let the record show no definitive action was taken in closed session. Motion by Councilman Partain, second by Councilman Shaw, to settle the litigation between the City of Beaumont and the Beaumont - Cherry Valley Water District for the sum of $2,000.00 There being no opposition, the motion carried unanimously. There being no further business to come before the Council, on motion by Councilman Waller, second by Councilman Russo, the meeting was adjourned at 8:49 P.M. Respectfully submitted, Page 3 BEAUMONT CITY COUNCIL MINUTES OF MARCH 24, 1986 The Beaumont City Council met in a regular meeting at 7:35 P.M., on Monday, March 24, 1986, in the City Council Chambers with Mayor Mitchell presiding. On Roll Call the following Council Members were present: Partain, Shaw, Waller, Russo and Mayor Mitchell. The Invocation was given by City Manager Robert Bounds. The Pledge of Allegiance to the Flag was led by Councilman Shaw. Adjustment to Agenda: The City Manager requested that an item be added to the Consent Calendar as part of Agenda Items 8.e and 8.f. These two agenda items are resolutions approving final tract maps and the addition to the agenda would be the Subdivision Agreement relative to these tract maps. Motion by Councilman Russo, second by Councilman Partain, to add Agenda Item 8.e.1 to authorize the Mayor to execute a Subdivision Agreement between the City and Development Entity Ventures Corpor- ation (DEVCO). There being no opposition, the motion carried unanimously. 1. ORAL COMMUNICATION: There were no requests to speak under oral communication. 2. Review of Parkway Lease for Pioneer Trailer Court. It was the concensus of the Council to direct the City Manager to contact Mr. Meyers with a proposed increase to $200.00 per year, a twenty -five year lease, a stipulation that no other trailers be placed in the parkway, and a clause included in the lease that if he were to put in curb and gutter at some point in time, we would renegotiate as suggested by Mr. Lyman Burhop, with a report back to Council at the next regular meeting of April 14, 1986. 3. Consideration of Claim for Damages Filed by Mr. Larry Nolan, Re- sulting from a Sewer Blockage in the City's Line. Mr. Nolan presented his claim and answered questions from the Council concerning certain items included in this claim. Motion by Councilman Shaw, second by Councilman Waller, to pay the claim of Mr. Larry Nolan in the amount of $4,128.00 due to a sewer back -up, with the stipulation that the City may have any of the salvageable material for disposal. There being no opposition, the motion carried unanimously. 4. Request for Acceptance of Privately Owned Streetlight at 475 East 13th Street. Motion by Councilman Partain, second by Councilman Russo, to deny the request for acceptance of a privately owned streetlight at 475 East 13th Street. There being no opposition, the motion carried unanimously. 5. Request that Certain Vehicles and Equipment be Declared Surplus, and Authorization to Sell Said Vehicles and Equipment by Auction, Sealed Bid or Other Appropriate Means. Page 1 Beaumont City Council March 24, 1986 Motion by Councilman Waller, second by Councilman Shaw, to declare the vehicles and equipment surplus and authorize them to be sold by sealed bids, or by negotiated sale if an item is not sold by the sealed bid process. There being no opposition, the motion carried unanimously. Discussion of Moving City Offices to East End of City Hall Building, Moving Senior Center to West End, and Renovating the Building. Mr. Roger Berg, 1164 Euclid, addressed the Council stating that if consideration is to be given to renovating this building that all options be considered, and some of the areas which they need to look at is,if they are planning on lowering the ceilings, they should check into modernizing the sprinkler system; the possibility of constructing a parking lot behind the building for better access for senior citi- zens and for people to park when they attend Council meetings and other functions; soundproofing the Council Chambers so sound would not carry from the gymnasium and replace the windows and insulating the walls to reduce the heating and cooling costs. He felt that a detailed estimate of these items should be made and would be bene- ficial in making their decision. Mr. Larry Gordon, 1284 Pennsylvania, addressed the Council commending the idea of exploring all possibilities and suggested, in light of the fact the City is in the process of designing a new police facility for the lot at Orange and 6th Street, we should also explore the possibility of the next building beyond the vacant lot, which is in escrow at the present time. The new owners are willing to talk lease - purchase, and the building has about 9800 sq.ft. which would be adequate to house both City Hall and the Police Department. Councilman Russo suggested a timetable should be set up to look at all possibilities available to the City. Mayor Mitchell indicated that he and Councilman Shaw could serve as a committee to review this and come back with a few different solu- tions that could be given consideration at the next Council meeting. Councilman cessarily it the way crepancies work needs viding the Waller felt, due t have to be at least it should be done. in the fee charges to be done to make youth of this City D the complexities, the study would ne- six months in duration in order to do He is concerned that there are dis- to certain groups, and feels a lot of this a center to be proud of, and pro - with a facility for activities. Councilman Russo said he is not opposed to Mayor Mitchell and Council- man Shaw serving on a committee, however, he would suggest it be expanded and include Mr. Berg and Mr. Gordon as members of this committee. He also suggested the Council use the weekend retreat, which is in the planning stage at this time, to discuss this item, as he feels there is no real direction at this time. He felt the forming of a committee should be held in abeyance until such time as the Council has met in this retreat in order to discuss some direction. Mayor Mitchell stated that what he had intended that he and Mr. Shaw discuss would have a bearing on what can be done, and it could be done in two weeks, and if Mr. Gordon and Mr. Berg want to get together and give the Council their recommendations, he would be more than pleased to listen to their recommendations in two weeks. It would be nothing but a discussion for at least six weeks, to show the pros and cons, get the availability of money, and the availability of plans, the cost of architects, and so forth. It would be nothing but a feeling process because it is something that is going to hit us in the future, and maybe we can start in the right direction. Mayor Mitchell then appointed himself and Mr. Shaw to serve as a committee for two weeks to discuss the possibilities, and would more than welcome Mr. Berg and Mr. Gordon, at any time, to sit with them as they would be glad to hear their suggestions. Page 2 - eaumont City Council March 24, 1986 Councilman Partain stated we need a diversity of ideas and he would hope that some arrangement could be made so that Mr. Berg and Mr. Gordon could sit in, and would sit in, on these discussions. Councilman Russo asked that if the committee is going to be formed, that they look into all the options, just as he and Councilman Partain are looking at all the options for the scout house. Mayor Mitchell said there would be no committee, although he and Mr. Shaw would be talking about it, and this agenda item will be continued to the next regular meeting on April 14, 1986. 7. Report from Councilmen Partain and Russo Regarding Scout House and Related Discussion Pertaining to Gymnasium, Storage Area and Kitchen Facility. Councilman Partain displayed his rough draft plan for the gymnasium, kitchen facility and storage area, giving a verbal presentation of his ideas as reflected by the plan. This agenda item was continued to the next regular meeting on April 14, 1986. At the request of Councilman Waller, Agenda Item No. 8.h, Resolution No. 1986 -26, was removed from the Consent Calendar to be considered separately. The City Manager answered questions concerning this resolution which were asked by Councilman Waller, after which action was taken. 9. RESOLUTION NO. 1986 -26 - Opposing Assembly Bill 1916. Motion by Councilman Waller, second by Councilman Russo, to adopt Resolution No. 1986 -26. 8. CONSENT CALENDAR: a. Approval of Minutes of Regular City Council Meeting of March 10, 1986. b. Acceptance of Minutes of Regular Planning Commission Meeting of March 4, 1986. c. Approval of Payment of Warrants as Audited per Warrant List of March 24, 1986, in the amount of $145,450.99, and Payroll of March 6, 1986, in the amount of $33,801.24. d. ORDINANCE NO. 625 - SECOND READING - Amending Title 13 (Public Services) of the Municipal Code to Add Chapter 13.20 Pertaining to Pretreatment and Regulation of Wastes. e.l Authorizing the Mayor to Execute a Subdivision Agreement Between the City and Development Entity Ventures Corporation (DEVCO). e. RESOLUTION NO. 1986 -24 - Approving the Final Map of Tract 19149 -1 and Authorizing Recordation Thereof. f. RESOLUTION NO. 1986 -25 - Approving the Final Map of Tract 19149 -2 and Authorizing Recordation Thereof. g. Acceptance and Filing of Report of Examination of Local Transpor- tation Fund #08 for Fiscal Years Ending June 30, 1984 and June 30, 1985. i. Authorization for Finance Director to Attend Legislative Seminar on Local Finance to be Held in Sacramento. j. Report of Planning Commission Action at Meeting of March 18, 1986. Page 3 Beaumont City Council March 24, 1986 Motion by Councilman Russo, second by Councilman Shaw, to approve the Consent Calendar as amended. There being no opposition, the motion carried unanimously. There being no further business to come before the Council, on motion by Councilman Russo, second by Councilman Waller, the meeting was ad- journed at 9:10 P.M. Respectfully submitted, Page 4 BEAUMONT CITY COUNCIL MINUTES OF April 14, 1986 The Beaumont City Council met in a regular meeting at 7:41 P.M., on Monday, April 14, 1986, in the City Council Chambers with Mayor Mitchell presiding. On Roll Call the following Council Members were present: Partain, Shaw, Waller and Mayor Mitchell. Councilman Russo was excused. The Invocation was given by Pastor Bob Whited, Cherry Valley Brethren. The Pledge of Allegiance to the Flag was led by City Attorney Ryskamp. 1. RESOLUTION NO. 1986 -30 - Giving a Memorial Tribute to Lloyd (Danny) Daniel. The Resolution was read in its entirety by the Deputy City Clerk. Motion by Councilman Partain, second by Councilman Waller, to adopt Resolution No. 1986 -30. There being no opposition, the motion carried unanimously with one absent. 2. PUBLIC HEARING - TENTATIVE PARCEL MAP 21482 - Location: 1152 Edgar venue. Applicant: Lawrence J. Schram. Proposed Three (3) lot land division of one (1) acre property. (86- PM -2). The City Manager presented the staff report concerning this land division. The Public Hearing was opened at 7:49 P.M. Mr. Harvey Marcel, engineer for the project, addressed the Council stating he would be happy to answer any questions the Council may have. There was no one wishing to speak in opposition to the project. There being no questions from the Council, no other proponents and no opponents, the Public Hearing was closed at 7:51 P.M. Consideration of Approval of Tentative Parcel Map 21482. Motion by Councilman Partain, second by Councilman Shaw, to approve Tentative Parcel Map 21482. There being no opposition, the motion carried unanimously with one absent. 3. ORAL COMMUNICATION: There was no one wishing to speak under oral communication. 4. Review of Parkway Lease for Pioneer Trailer Court. The Council received a report from the City Manager concerning this proposed lease. This report is a matter of record in the City Clerk's file. Motion by Councilman Partain, second by Councilman Shaw, to approve the parkway lease for the Pioneer Trailer Court as presented by the City Manager. There being no opposition, the motion carried unanimously with one absent. Page 1 _aaumont City Council April 15, 1986 5. Request from Mr. Earl Shockley for Waiver or Reduction of Business License and Home Occupation Fees. The Council received a report from the City Manager concerning this request. Mr. Shockley addressed the Council and answered questions relative to his request. Motion by Councilman Shaw, second by Councilman Waller, to deny the request from Mr. Earl Shockley for waiver or reduction of Business License and Home Occupation Fees. There being no opposition, the motion carried unanimously with one absent. 6. Consideration of Claim Filed by David Bronson for Damages Resulting from Sewer Blockage. Motion by Councilman Waller, second by Councilman Partain, to pay Mr. David Bronson the costs of $1,999.40 for damages resulting from the sewage blockage. There being no opposition, the motion carried unanimously with one absent. 7. Consideration of Claim Filed Against City by James Gustafson. Motion by Councilman Partain, second by Councilman Shaw, to deny the claim filed against the City by James Gustafson. There being no opposition, the motion carried unanimously with one absent. 8. ORDINANCE NO. 627 - FIRST READING - Amending Title 13 (Public Services) of the Municipal Code to Add Chapter 13.20 Pertaining to Pretreatment and Regulation of Wastes and Revoking Ordinance No. 625. The City Manager informed Council that just after the second reading of Ordinance No. 625, the Regional Water Quality Control Board made a determination that two changes in the Ordinance were necessary. Rather than amend the Ordinance, due to its length, the City Manager recommended Ordinance No. 627 be adopted containing the necessary changes, and revoking Ordinance No. 625. Motion by Councilman Shaw, second by Councilman Partain, to pass Ordinance No. 627 at its first reading by reading of the title only. The title was read by Councilman Shaw. There being no opposition, the motion carried unanimously with one absent. 9. RESOLUTION NO. 1986 -31 - Establishing Rates for the Abatement and Removal of all Dry Weeds, Dead Shrubs and Dead Trees, and Other Waste Matter Declared as a Public Nuisance and Rescinding Resolution No. 1983 -41. Motion by Councilman Partain, second by Councilman Shaw, to adopt Resolution No. 1986 -31. There being no opposition, the motion carried unanimously with one absent. 10. Report from Councilman Waller Relative to Sunset Plaza. Councilman Waller reported that, at the direction of the Council at a previous meeting, he served as a committee to investigate a citi- zen's complaint concerning the residents at Sunset Plaza. He did investigate the problem, but before any changes could be made or any solutions recommended, the facility was closed. There is no one re- siding at the facility at this date. Page 2 Beaumont City Council April 15, 1986 11. Discussion of Moving City Offices to East End of City Hall Building, Moving Senior Center to West End, and Renovating the Building. Mayor Mitchell advised that it had been decided this agenda item would be set over for further study by Councilman Shaw and himself for an indefinite period of time. 12. Report from Councilmen Partain and Russo Regarding Scout House and Related Discussion Pertaining to Gymnasium, Storage Area and Kitchen Facility. Councilman Partain indicated he had nothing further to report other than he had been in contact with individuals regarding the lighting in the gymnasium and on the stage, but there has been no finalization of this. He and Mr. Russo are recommending the City engage in a renovation pro- gram both of the gymnasium, the stage, the addition of a storage facility next to the gymnasium, a kitchen facility and a room that can be used by both the boy and girl scouts and anyone else that would need the area. They are at a standstill until the Council gives fur- ther direction whether they would like to go into the beginning stages of having some rough sketches drawn. Motion by Councilman Waller, second by Councilman Shaw, to authorize Mr. Partain, Mr. Russo and /or the City Manager to take the floor plans and submit them to Mr. Don Christante so that further plans can be developed for the multi - purpose room so a decision can be made at the next Council meeting. There being no opposition, the motion carried unanimously with one absent. Let the record show, although not part of the motion, the motion was made with the understanding that the funds are not appropriated as yet, and we will need to negotiate with Mr. Christante to have the plans drawn pending the time that we can compensate him for his services, with the City Manager being directed to bring back to the Council his recommendation as to the fund from which the money would be taken. 13. Report and Request for Direction Relative to Utility Users Tax. 14. Report and Request for Direction Relative to Street Lighting Assess- ment District. Just after opening the discussion concerning these two agenda items, Mayor Mitchell called a recess at 8:30 P.M. to wait the return of Mr. Waller so that he might be included in the discussion, with the meet- ing reconvening at 8:32 P.M. Motion by Councilman Waller, second by Councilman Partain, directing the City Manager to submit a report to the Council no later than the first meeting in May concerning the Utility Users Tax and the Street Lighting Assessment District. There being no opposition, the motion carried unanimously with one absent. 15. CONSENT CALENDAR: a. Approval of Minutes of Regular City Council Meeting of March 24, 1986. b. Acceptance of Minutes of Regular Planning Commission Meeting of March 18, 1986. C. Approval of Payment of Warrants as Audited Per Warrant List of April 14, 1986, in the amount of $203,115,33; and Payroll of March 20, 1986, in the amount of $33,455.43. Page 3 Beaumont City Council April 15, 1986 d. RESOLUTION NO. 1986 -28 - Amending Resolution No. 1985 -13 Deter- mining Use of Improvement Fund Surplus. e. RESOLUTION NO. 1986 -29 - Providing for Advancing of Maturity of Improvement Bonds for Assessment District 1983 -1. f. Authorization for City Attorney and Deputy City Attorney to Attend League of California Cities City Attorney's Spring Meeting. g. Request that Vehicle be Declared Surplus and Authorization to Sell by Sealed Bid, or by Negotiated Sale if it is not Sold by the Sealed Bid Process. h. Consideration of Additional Holiday Transit Service. i. Report of Action of Planning Commission at Meeting of April 1, 1986. Motion by Councilman Shaw, second by Councilman Partain, to approve the Consent Calendar. There being no opposition, the motion carried unanimously with one absent. 16. Recess to Closed Session Pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the City is a party. The title of the litigation is: a. Hightower vs City of Beaumont, Mt. Jacinto Municipal Court Case No. 284439 b. Muller vs City of Beaumont, Claim only filed at this date, no Case No. The meeting was recessed to closed session at 8:44 P.M. The meeting reconvened to regular session at 9:01 P.M. Let the record show no definitive action was taken in closed session. 17. Settlement of Hightower vs City of Beaumont. Motion by Councilman Partain, second by Councilman Shaw, to settle the entire matter, with a full release to the City, for a contri- bution by the City of $1,250.00 for that settlement. There being no opposition, the motion carried unanimously with one absent. 18. Muller vs City of Beaumont. Motion by Councilman Shaw, second by Councilman Partain, to accept the recommendation of Corroon & Black Management to pay the sum of $1,772.78 as payment for property damage to the owner of the vehi- cle in the case of Muller vs City of Beaumont. There being no opposition, the motion carried unanimously with one absent. There being no further business to come before the Council, on motion by Councilman Waller, second by Councilman Partain, the meeting was adjourned at 9:03 P.M. ctfully submitted, ty City Cler Pam 4 BEAUMONT CITY COUNCIL MINUTES OF APRIL 28, 1986 The Beaumont City Council met in a regular meeting at 7:31 P.M., on Monday, April 28, 1986, in the City Council Chambers with Mayor Mitchell presiding. On Roll Call the following Council Members were present: Partain, Shaw, Waller, Russo and Mayor Mitchell. The Invocation was given by Councilman Russo. The Pledge of Allegiance to the Flag was led by Peter Imamura. 1. RESOLUTION NO. 1986 -32 - A Memorial Tribute to Bernice Eloise Conine. The Resolution was read in its entirety by the City Clerk. Motion by Councilman Shaw, second by Councilman Partain, to adopt Resolution No. 1986 -32. There being no opposition, the motion carried unanimously. Mayor Mitchell presented the Resolution to Mrs. Marrs, sister of Mrs. Conine. 2. ORAL COMMUNICATION: There was no one present requesting to speak under Oral Communication. 3. PUBLIC HEARING - Appeal of Planning Commission Decision. Appellant: Bernard R. Fagot. Location: 695 Massachusetts Avenue. Proposed Construction of a Seven Unit Apartment Building (86- PP -6). The Public Hearing was opened at 7:40 P.M. The City Manager presented the staff report concerning this application. This report is a matter of record in the Clerk's file. Mayor Mitchell: And who are the proponents of this project. Please introduce yourself, your address and your position. Harvey Marcel, 461 W. Ramsey, Banning, Ca., representing the applicant as the engineer: The plan was prepared in accordance with the ordin- ances and requirements of the City of Beaumont. There has been some discussion as to feelings of density, setbacks, and those things, however, the plan does meet the required setbacks and zoning. In an attempt to overcome maybe some of the shortcomings of the ordinances as written, we were trying to work with the Planning Commission and maybe come up with better parking. I would be happy to answer any questions that you may have. Mayor Mitchell: Mr. Marcel is the engineer and is willing to answer any specific questions from anyone. Mr. Partain. Councilman Partain: I don't have any questions. Mayor Mitchell: Mr. Shaw. Councilman Shaw: None. Mayor Mitchell: Mr. Russo. Councilman Russo: Did the original plan have a fifteen foot setback, or twenty -five? Page 1 Beaumont City Council April 28, 1986 Mr. Marcel: The original plan has a twenty -five foot setback. Councilman Russo: So - but you did ask for a variance on that. Is that correct - originally. To fifteen. . .or, the second time through Mr. Marcel: The reason the second time is, as you know, the street has a forty foot half width dedicated right -of -way, and if it was a typical thirty foot street as a new street would be, then, in essence, you would have a twenty -five foot setback. It was just an attempt to provide more maneuverability for the automobiles. Councilman Russo: But right now, as the plan is submitted for review tonight, it is the twenty -five foot setback, correct? Mayor Mitchell: Have you any questions, Mr. Waller. Councilman Waller: Yes. I see here where there is a fee that you. . did you have to incur the cost of the fee to present it to the City Council. Mr. Marcel: Yes, there is an appeal fee. Councilman Waller: An appeal fee. And were you told by the Planning Commission at any point in time why your plan was rejected. The first or the second one? Mr. Marcel: I didn't understand the findings made by the Planning Commission. We understand at the second meeting there were only four members present, and when you.have a two to two type - two in favor and two in opposition - then it is difficult to come to a decision, so that is basically why it is in front of you. Because there wasn't a full Planning Commission. Councilman Waller: Because of the indecision on the Planning Commission you have incurred an additional $50.00 charge just to be able to come up to present it to us. Is that correct. Mr. Marcel: Yes, that is correct. Mayor Mitchell: Any further questions of Mr. Marcel. Councilman Russo: Yes, please. On the initial plan submitted to the Planning Director and the Planning Commission, were you ever - was there a list of non - conforming items with the original plan - that you were given. Was there a list of things that needed to be changed in the original plan. Mr. Marcel: At the Planning Commission, on the original plan, there was some discussion for some screening walls, and some amenities that would enhance the project. Those items are not spelled out in the ordinance. Councilman Russo: As far as the ordinance goes, to your knowledge, as far as the ordinances are concerned, were there any non - compliance with the original plan. Mr. Marcel: No. And the applicant has agreed to the conditions set forth. Councilman Russo: But - just one confusing point here. But the Planning Commission originally turned down the initial plan, but yet you say they gave you no reasons. Mr. Marcel: Well, I think at the first meeting it wasn't turned down. It was mutually agreed to a continuance to try to work out better parking arrangements. Councilman Russo: Okay. So the reason for the initial was the parking problem, is that right. Mr. Marcel: Yes, to see if we could maybe go beyond that design and Page 2 Beaumont City Council April 28, 1986 come up with something even better. Councilman Russo: Okay, in addition to that were the amenity aspects, the tot lot, or whatever we are calling it. Mr. Marcel: Yes, and there was some screen walls to prevent head- lights from shining in on adjoining lots and there were some other concerns - landscaping and those type items. Mayor Mitchell: Any further questions of Mr. Marcel. Thank you. Mr. Fagot, would you care to speak. Either of you? We have one party in opposition, on request. A Rosiland Walcott. Please intro- duce yourself, and give your address please. RoseEllen Walcott, representing 685 Massachusetts. I live in Cherry Valley, 10434 Chisolm Trail. I represent quite a few of the neighbors, we have a list of fifty and I thought it was here with you. I am sorry we didn't bring it - the petition. One of the main concerns is the parking. When the gentleman said there were some amenities they had to improve, nobody thought they could use this parking the way it is set up. You know, they wondered how people would get the cars in and out unless they were all mini cars. I mean, you know, smaller versions. Like say getting a camper or pickup in, and that was their main concern and part of the walls - the supporting walls - there was a lot of discussion about how they would manipulate cars in and out of there, and the alley parking is not really feasible, and a lot of the parking is there. If you have been down that alley it is not wide enough for two cars to go. However, most of our concern is over the sewer. If it can handle it. And they said there is no problem of the sewer handling it because it is fine, it is in great shape, but it is in such great shape that on the 14th of April, the last time, - it has stopped up before - it was stopped up and the whole street backed up in the houses even if they had that thing that was supposed to keep the sewer out. So, I am wondering how adequate the sewer is. How adequate the parking is. Do you really think you could get a regular sized car in that parking facility. I know it meets City ordinance, and I wonder how they designed that as a multiple dwelling place. It is kind of a Catch 22. They have met all the things - it fits in there - but you can't use it that way logically. So, I understand their point - we have got a plan and this is what Beaumont says we have to have, but if you have that plan you are going to have parking all over the street because people can't use the parking as it is, and your sewer isn't adequate. I guess that is our main opposition. The fact that we don't mind an apartment building, but not seven, that is kind of a lot. Mayor Mitchell: If you will remain for just a moment and give the courtesy, as I know you will. Mr. Partain, have you any statements or questions of Mrs. Walcott. Mrs. Walcott: Let me say first, I am not an engineer. Mayor Mitchell: We understand that. We are trying to give you the courtesy of answering questions. Councilman Partain: I don't believe I have anything either. Mayor Mitchell: Mr. Shaw. Councilman Shaw: No, I don't have anything. Mayor Mitchell: Mr. Waller. Councilman Waller: No, nothing. Mayor Mitchell: Mr. Russo. Councilman Russo: No questions. Page 3 Beaumont City Council April 28, 1986 Mayor Mitchell: Thank you so much for coming in. Now the proponents have the opportunity. . . City Manager: Mr. Mayor, we had one written opponent. Mayor Mitchell: Which one was that. City Manager: Mr. Houston. He presented a written opposition. Mayor Mitchell: I will request the City Manager to read that opposi- tion Mr. Fagot, and then we will have you present it. The City Manager read the letter in opposition submitted by Mr. Don Houston. This letter is a matter of record in the Clerk's file. City Manager: I presume, Mr. Mayor and members of the Council, that the indication having to do with the frontage setback not conforming would be on the basis of the second proposal, since the first propo- sal does not require a variance. Mayor Mitchell: Mr. Fagot, would you care to make your statement. Bernard Fagot, 9477 Avenida Miravella, Cherry Valley: I sat at the last Planning Commission meeting and I listened to the people from 685 Massachusetts bring up one particular point, and I didn't say anything. There may be some cars parking out in the street but it is going to be from 685 Massachusetts. We have owned this lot for about ten years and - people - I don't know if it is tenants or if it is visitors - have been parking on our lot for the last ten years. Everytime I go down there to disc it I have got to ask someone to move their cars. Like I said, I didn't say anything about it at the Planning Commission meeting, but I think that little point needs to be clarified. Thank you. Ken Fagot, 435 Sherie Court, Beaumont: It was brought up a little earlier about the parking. I think you gentlemen will probably agree that parking requirements in Beaumont are rather stringent, and if you notice we do have seven units with twenty parking places. That is a lot of parking places for seven apartments. I would say the average family maybe might have two cars - maybe - but not always, and that would leave an awful lot of vacancies there and I think there always probably will be. I don't think we will ever need - I have no regrets in having the facilities there - but I think we will always have plenty. I don't think there will be a problem in that manner. Regarding the sewer problem that I heard. Mr. Larson brought it up also at the Planning Commission meeting that he is quite aware there have been some stoppages in that area regarding the sewer, but he also brought it to the attention of the Commission that that was re- garding the laterals. There were some very bad laterals in that area. He didn't exactly say it had nothing to do with the main line, but he said it was mostly because the laterals were old and they needed to be replaced, but I am sure there is a problem in the City, a lot of cities. We do probably need a new system or whatever. It would be nice to have, it takes time. I guess that is about all I have to say regarding the project. If you gentlemen have any questions you would like to ask. Mayor Mitchell: Any questions for Mr. Fagot. Mr. Partain. Mr. Shaw. Mr. Waller. Mr. Russo. The chair does want to apologize at this time for the City for not having our Planning Director here, but he was ill and was unable to come. His reports are in front of all the parties, so I will at this time declare the public hearing closed at 7:55 P.M. Now we will leave the discussion up to the members of the Council. a. Consideration of Adoption of Negative Declaration No. 86 -ND -2. Motion by Councilman Russo, second by Councilman Waller, to adopt Negative Declaration 86 -ND -2. There being no opposition, the motion carried unanimously. Page 4 Beaumont City Council April 28, 1986 b. Consideration of Approval of Plot Plan 86 -PP -6. Motion by Councilman Russo, second by Councilman Partain, to approve Plot Plan 86 -PP,6. There being no opposition, the motion carried unanimously. 4. Request from Roy Kulikov for Transfer of Prepaid Sewer Connection Fees. Motion by Councilman Russo, second by Councilman Shaw, to deny the request from Roy Kulikov for transfer of prepaid sewer connection fees. There being no opposition, the motion carried unanimously. 5. Consideration of Joint 4th of July Fireworks Display with Banning/ San Gorgonio Pass Area Chamber of Commerce. Motion by Councilman Waller to direct the City Manager to work with the Banning Chamber of Commerce and Beaumont Chamber of Commerce on this request. Mayor Mitchell determined that The City Manager was given the Chamber of Commerce asking thei Commerce, after which the City to the Council. The remaining direction. no motion was authorization n to meet with Manager could Council Membe required in this matter. to contact the Banning the Beaumont Chamber of then present their needs rs concurred with this 6. ORDINANCE NO. 628 - FIRST READING - Amending Chapter 8.04 of the Beaumont Municipal Code Relating to Food Handlers. Motion by Councilman Shaw, second by Councilman Russo, to pass Ordinance No. 628 at its first reading by reading of the title only. There being no opposition, the motion carried unanimously. 7. Development of Plans for Gymnasium, Storage Area, Kitchen Facility and Multi- Purpose Room. (Continued from April 14, 1986). Mr. Partain advised that Mr. Christante will have the rough draft plans completed in time for the next regular Council Meeting. This agenda item was continued until the next regular meeting on May 12, 1986. 8. Report from City Manager Relative to Utility Users Tax. (Continued from April 14, 1986). 9. Report from City Manager Relative to Street Lighting Assessment Dis- trict. (Continued from April 14, 1986). At the City Manager's request, these two agenda items were consoli- dated. The City Manager presented an in -depth report concerning these two agenda items, pointing out to the Council that until such time as the proposed budget has been fine - tuned, and negotiations complete, he cannot give them exact budget figures, and requested direction from the Council. The City Manager was directed to prepare a Resolution of Intention to Form a Street Lighting Assessment District, and to prepare an Ordinance for introduction regarding the Utility Users Tax, both to be presented to the Council at the regular meeting of May 12, 1986. Page 5 Beaumont City Council April 28, 1986 10. CONSENT CALENDAR: Motion by Councilman Shaw, second by Councilman Waller to hold Items No. g. and h. over to the next regular Council meeting. The second by Councilman Waller and motion by Councilman Shaw were withdrawn. Motion by Councilman Russo, second by Councilman Waller to remove Items No. g. and h. from the consent calendar for discussion. No vote was taken. It was apparently mutually agreed the two items would be removed from the consent calendar. The remaining items on the Consent Calendar will be considered for approval prior to discussion of Items "g" and "h ". a. Approval of Minutes of Regular Council Meeting of April 14, 1986. b. Acceptance of Minutes of Regular Planning Commission Meeting of April 1, 1986. C. Approval of Warrants as Audited per Warrant List of April 28, 1986, in the amount of $91,478.31; and Payroll of April 3, 1986 and April 17, 1986, in the amounts of $33,912.56 and $32,817.33 res- pectively. d. ORDINANCE NO. 627 - SECOND READING - Amending Title 13 (Public Services) of the Municipal Code to Add Chapter 13.20 Pertaining to Pretreatment and Regulation of Wastes and Revoking Ordinance No. 625. e. Consideration of Request from Cherry Festival Association for Waiver of all City Permit and Facility Fees. f. Consideration of Adoption of Negative Declaration 86 -ND -4. Applicant: Manuel Valenzuela. Location: 468 W.4th Street. Proposed Furniture Manufacturing Building. Motion by Councilman Shaw, second by Councilman Waller, to adopt the Consent Calendar Items "a" through "f ". There being no opposition, the motion carried unanimously. 11. Consideration of Adoption of Negative Declaration 85- ND -20. Appli- cant: Vincent Schiro. Location: 726 Chestnut. Proposed Five Plex Apartment Building. (85- PP -14, 85 -V -3). 12. Report of Planning Commission Action at Meeting of April 15, 1986. Motion by Councilman Russo, second by Councilman Waller, that: a) Item "g" of the Consent Calendar be held over to the next regular meeting; b) The City Manager be authorized to investigate the various aspects of the first approval, building permits, inspections, change of plans, change of setback and further authorizing the City Manager to use the City Attorney for research and legal action if neces- sary; c) The Planning Commission not approve that portion of their minutes of April 15, 1986 relating to this project; d) The City Manager to give notice to Mr. Schiro of the continuance of this matter, and the fact it will be brought back to the City Council on May 12; e) That Item No. 3 of Consent Calendar Item No. "h" shall be held over, with Items "h ".1 and "h ".2 being approved. Page 6 Beaumont City Council April 28, 1986 There being no opposition, the motion carried unanimously. On Motion by Councilman Waller, second by Councilman Russo, the meeting was adjourned at 9:10 P.M. Respectfully submitted, t"yvr Page 7 BEAUMONT CITY COUNCIL MINUTES OF MAY 12, 1986 The Beaumont City Council met in a regular meeting at 7 :35 P.M., on Monday, May 12, 1986, in the City Council Chambers with Mayor Mitchell presiding. On Roll Call the following Council Members were present: Partain, Shaw, Waller and Mayor Mitchell. Councilman Russo was excused. The Invocation was given by Reverand W. W. Brewer, 1st Assembly of God. The Pledge of Allegiance to the Flag was led by Mr. Roger Berg. 1. ORAL COMMUNICATION: a. Barbara Lower, 5223 West Hoffer, Banning, addressed the Council concerning speeders on 8th Street, specifically the danger to children going to and from school; and asked what the possibility would be of installing a bicycle lane along 8th Street. It was pointed out to Mrs. Lower that the portion of 8th Street between Highland Springs Road and Pennsylvania is in the County, not the City of Beaumont, and perhaps she should also contact the school district and the sheriff's department about the existing problem. Mrs. Lower apparently felt the City of Beaumont should intitiate getting the problem solved since these children are attending Beaumont schools. She was informed by Mayor Mitchell the City would investigate what could be done, and a report would be given to her at the next meeting. b. Oscar Leeb, 39335 Vineland, Space No. 130, Cherry Valley, ad- dressed the Council stating the 45 mile per hour speed limit on Beaumont Avenue is too fast for the conditions, specifically children attempting to cross Beaumont Avenue going to school. Mayor Mitchell indicated the City Manager was checking into this matter. C. Delia Leeb, 39335 Vineland, Cherry Valley, addressed the Council relative to the condition of the magnolia trees on Magnolia Avenue saying they are dying due to lack of water. She said the trees are very old having been in the City for many years and it would be a shame to allow them to die. Mayor Mitchell indicated the City Manager will see that something is done about this situation. d. Roger Berg, 1164 Euclid, Beaumont, addressed the Council asking why the City has not done anything about the signs which have been erected by an individual running for County Coroner, since it had been determined the City's sign ordinance is enforceable. 2. Annexation No. 85- ANX -1 -37 (LAFCO 85- 107 -3). Applicant: Loma Linda Properties and Lawrence J. Dorn. Location: 522 t acres south of Interstate 10, East of Pennsylvania Avenue, West of Highland Springs Road. The City Manager presented his report concerning this proposed annexa- tion. a. NOTICE: Final Request for Written Protests. City Manager: At this time, prior to the start of the Public Hearing, I would like to ask if there is anyone in the audience that has a written protest that they would like to file at this time. All written protests must be filed prior to the Public Hearing. Mayor Mitchell: Is there anyone here Having a written protest relative to Item two on the agenda, and that is the annexation of 520 acres south of Interstate 10, east of Pennsylvania Ave- Page 1 nue, west of Highland Springs Road. a written protest. City Clerk: I have received none. Beaumont City Council May 12, 1986 Are there any here who have b. City Manager: We have no written protests on file at the present time on this annexation. The Public Hearing was opened at 7:55 P.M. Mayor Mitchell: Are there any proponents in the audience in favor of this project. Are there any persons opposed to this annexation in the audience. I believe I should order the public hearing closed, Mr. Bounds? No one has spoken, so the public hearing will be closed at 7:56 P.M. c. Determination of Value of Written Protests. No written protests were filed. d. RESOLUTION NO. 1986 -34 - Ordering Territory Designated as LAFCO o. 85- 107 -3, City of Beaumont 85- ANX -1 -37 Annexed to the City of Beaumont and Concurrent Annexation to the Beaumont- Cherry Valley Water District. Motion by Councilman Partain, second by Councilman Shaw, to adopt Resolution No. 1986 -34. There being no opposition, the motion carried unanimously with one absent. 3. Annexation No. 85- ANX -2 -38 ( LAFCO 85- 108 -3). Applicant: H. Mitchell, I. Mitchell, Sanborn /Webb Engineering. Location: 19.33 Acres South of 8th Street between Xenia and Allegheny Avenues. The City Manager presented his report concerning this proposed annexa- tion. a. NOTICE: Final Request for Written Protests. City Manager: At this time, are there any written protests to the annexation in question that have not been turned in. Mayor Mitchell: Does anyone have a written protest that has not been turned in. City Attorney: I think it might be important to indicate to the public at this time that the law, effective as of January 1, 1986, governing these hearings on annexation, basically, to summarize a lot of complicated law, states that only written protests count in terms of deciding whether or not there has to be an election or even if there is going to be an annexation. Whatever is said at that microphone in the public hearing, while it will be listened to with great attention, is not the vehicle for accomplishing that. Considering the complexity of the law, I felt, and we discussed, that it would be appropriate that we let the citizenry know that if there are some of you who thought to come in here and putting in a verbal protest would accomplish anything here this evening, legally it won't. The protests would have to be in writing to be counted in terms of having a direct effect on the options that are available to the Council, and they are limited. And they are dependent upon these written protests. Mayor Mitchell: Thank you Mr. Ryskamp. Is that understood by all parties here. If so, we will open. . . come forward sir. Crandell Gudmundson: 1543 East 8th Street: Is there anyway that we can. . . Mayor Mitchell: Do you have a written protest. Page 2 Beaumont City Council May 12, 1986 Mr. Gudmundson: No, this is the information that was sent to us by Mr. Bounds' office, but we had no way of knowing about this situation of having to send in a written protest, so I am won- dering if we can hold this action up until we get these in. I don't think we were informed of that. Mayor Mitchell: I will ask Mr. Ryskamp. We want to move ahead with this. We have to move ahead. City Attorney: We are mandated to move ahead, and, in addition, I would point out that Mr. Bounds and the City Clerk had tried very clearly in the notice to underline the key information on the notice of protests and the written protests, within the range that they can within the law. I would have been a lot more blunt. That is part of why we are letting you know that so, that, right now, if you want to take a sheet of paper, sir, and write I am a registered voter, and give us your name and address, or I am a landowner, one or the other, not both, being indicated, and hand that in it would count as a written protest. This was our concern. . . . Mr. Gudmundson: I am personally in favor of the annexation . . . City Attorney: Well, in that case, you don't need a written protest. Mr. Gudmundson: There are neighbors of mine down here in the meeting right now, that are, and I don't think they looked this over. . . City Attorney: That is why we are discussing this now. We followed the mandates of the law. Our concern is we don't want someone sitting out there thinking they can come up and make a difference with their verbal comments, when the law says the protests have to be in writing, and it also specifies they need to tell us whether they are a registered voter or a landowner. Mr. Gudmundson: Can you have a showing of hands, or some way, to find out how many people here are against it. To do, as you say, write some kind of protest, if necessary. City Attorney: I would assume, if there is anyone out there, that is basically what we are telling them now. We are not starting the public hearing consciously because it says that those written protests have to be filed before the public hearing. So, any of your folks that are sitting out there, wanting to protest, and have not done so in writing, this will be the vehicle. City Manager: One of the things that I mentioned to the Council, in sending out their agenda packet to them, that this is highly unusual. I don't know of very many cities that would ever go this far to make sure that everyone understood. But in the letter, which you have a copy, was a two page letter signed by the Deputy City Clerk, and I specifically asked that it be underlined, it,says that - "any owner of land within the territory, or registered owner residing within the territory, may file a written protest against the proposal with the City Clerk of the City of Beaumont ", and then I had her underline, "at any time prior to the time specified for commencement of the hearing by the City of Beaumont on the proposal ". That is why we are trying desperately to not have a misunderstanding. Mayor Mitchell: Sir, I hope you understand, we aren't trying to railroad this through. We are trying to give everyone every opportunity. We want people to be satisfied with what we are trying to do, and the purpose of having it done. Mr. Gudmundson: Well, now it is on the shoe of the other people who want to object because. . . Mayor Mitchell: Thank you very much, sir. Would it be appropriate to open the public hearing. De "^ Q Beaumont City Council May 12, 1986 City Manager: I think that we should find out if anyone wants to write out a protest. Mayor Mitchell: Does anyone want to put in a written protest. evidently- not, so, if it is all right with you Mr. Ryskamp. City Attorney: I feel we tried. Mayor Mitchell: We shall open the public hearing. The Public Hearing was opened at 8:05 P.M. Mayor Mitchell: This is rel LAFCO 85- 108 -3. Applicants: Webb Engineering. Location: between Xenia and Allegheny. Now are there any proponents born and Webb? ative to the annexation 85- ANX -2 -38, H. Mitchell, I. Mitchell, Sanborn/ 19.33 acres south of 8th Street This is an area that is up and down. here that would wish to speak. San- Mr. Sumner: After anybody else, Mr. Mayor. Mayor Mitchell: Is there any other proponent. The proponents speak first, then the opponents speak, and then the proponents can speak again. Introduce yourself and give your address sir. David Sumner, with the firm of Sanborn /Webb Engineering: Repre- senting directly the two clients that represent the two land- owners, one on Allegheny and one on Xenia. There was a third party on the original application who I do not represent, but was included. There are three original owners of property in the Allegheny /Xenia area who desire to be annexed, and then the con- fusion of the additional requirements of LAFCO we feel we have been delayed, but we are willing to go along with this delay, at LAFCO's request, hopefully that all the other property owners desiring to be annexed will satisfy LAFCO's requirements, and not burden my clients any further, who have been quite patient. And I see no reason to go into any details unless there are any questions about the annexation itself. Thank you. Mayor Mitchell: Thank you. Are there any other proponents for the project. If not, are there any opponents who have their written complaint, or desire. . . City'Attorney: Anyone can speak. Mayor Mitchell: I understand. I am asking for ones that had written requests. Now anyone is welcome to come forward and speak if they are in favor or in disfavor of this particular annexation. This is not a purpose of keeping anybody quiet. We would like to hear your views, either for or against. In the absence of anyone speaking, Mr. Bounds, I would like for your comment. City Manager: I have received two protests signed by husband and wife in both cases. One of them is indicated as owners. The other does not indicate whether they were listing themselves as owners or as registered voters. I presume, for the sake of this meeting tonight, since there are no further, that basically, we could say that four owners of the forty -two owners protested, and that no registered voters protested, and finding that that is less than 25% of the registered voters and less than 25% of the number of landowners who own more than 25% of the property by assessed valuation, that the Council is in a position where they could adopt Resolution 1986 -35. We had a little bit of wording change, this was done quickly, this could be considered a grammatical error. Mayor Mitchell: So, if there are no further comments, we will close this public hearing at 8:09 P.M., May 12, 1986. Page 4 4. Beaumont City Council May 12, 1986 C. Determination of Value of Written Protests. No registered voters and less than 25% of the number of landowners who own more than 25% of the property by assessed valuation. d. RESOLUTION NO. 1986 -35 - Ordering Territory Designated as LAFCO No. 85- 108 -3, City of Beaumont 85- ANX -2 -38 Annexed to the City of Beaumont. Motion by Councilman Partain, second by Councilman Shaw, to adopt Resolution No. 1986 -35 with the text changes as recommended by the City Attorney. The City Attorney read the text changes to be made. There being no opposition, the motion carried unanimously with one absent. Application to Operate a Taxi Service in the City of Beaumont. Appli- cant: Anton Bauer. Location: 640 Donna Drive. The Public Hearing was opened at 8:1.3 P.M. Mayor Mitchell: Is anyone here a proponent for the taxi service. Is there a proponent that wishes to speak at the present time. Is there anyone in opposition who would care to speak at the present time. Please come forward and introduce yourself. Marge Gordon, 474 Laraine Drive, representing the Valley Mobile Home Park: I sent a letter into the City office. Do you want to read it. Mayor Mitchell: I have the copy of the letter here. Would you care to read it. Do you have yours. You are welcome to read it for the record. Ms. Gordon: You read it, all right. Mayor Mitchell: Mr. Bounds, would you read it. The City Manager read the letter from Ms. Gordon in its entirety. The letter is a matter of record in the Clerk's file. Mayor Mitchell: Is that your complete position Mrs. Gordon. Ms. Gordon: Yes. Mayor Mitchell: All right, thank you very much. Ms. Gordon: That is not my complete position. Are you excusing me. Mayor Mitchell: No. Ms. Gordon: All right. Excuse me. Ma or Mitchell: I thought you had finished. Allow Mr. Bounds to aXwer Item No. 1 first. City Manager: The application that I have for Beaumont Taxi before us tonight lists as the location of the firm 640 Donna Drive. And the mailing address is 640 Donna Drive in Beaumont. Is that the question that you are asking. Ms. Gordon: Yes. Can the business be conducted anywhere other than Donna Drive. Mayor Mitchell: I cannot really answer that, but with a taxi business, they really couldn't do very well if they stayed at Donna Drive. Ms. Gordon: No, that is not what I am talking about. Where are these taxis or taxi, however many they have, where are they garaged. Where are they sent from. Where do they return to. Where are they dis- Page 5 Beaumont City Council May 12, 1986 patched from. Mayor Mitchell: I believe Mr. Bauer would be the party to answer that. I have no idea. What further questions do you have. Ms. Gordon: Before I get an answer. Mayor Mitchell: Go ahead and finish all your questions and then I will allow Mr. Bauer to answer them. Ms. Gordon: I believe that the business is being run out of the Valley Mobile Home Park. That the cars are dispatched from there. They re- turn to there after they are dispatched from there. I see different employees coming and going from there.at different shifts. My resi- dents have complained to me. They have seen the cab, and I don't know how many people in this audience have seen the Beaumont Taxi in front,of Valley Mobile Home Park. Could you raise your hands. Evidently -- I don't believe the business is being conducted from Donna Drive. And I don't believe the telephone is connected at Donna Drive. Mr. Bauer: The Telephone is not connected at Donna Drive? Mayor Mitchell: Just a moment Mr. Bauer. This is not a point of argument. I want to get her statements, and then I want you to be able to answer. And if you would give him the floor for just a moment Mrs. Gordon, you can return and give anything further that you desire. Councilman Partain: Excuse me just a moment. Mayor Mitchell: I would like to qualify one thing. The second para- graph. Mr. Bauer knew the people who owned the taxi company, and I knew the people who owned the taxi company before. Mr. Foster owned it before, and then Tom, I don't even know his last name, Tom and then Ray bought it, and at one time they were buying a trailer, and they came to my office. My secretary has done work for them free to help out because so many senior citizens do use the taxi, and we were trying to work it out so they could go. We did not charge any fee. The only thing we were doing was trying to do a service for the City. I hope that will answer some of your questions. We put paperwork together, but my secretary did not charge a fee to Mr. Bauer. Ms. Gordon: When I received a call from you saying that we have - remember, I informed Mr. Bauer there is no more sub - leasing in the Mobile Home Park. He was going to put a Bessie Lill in the mobile home. The only way Bessie Lill could live in that mobile home is if she was a registered owner. You called me on the telephone, and you are the one who told me that you have taken care of the matter, that Bessie Lill and Anton Bauer are now joint tenants. Mayor Mitchell: She bought the trailer from Mr. Bauer. Ms. Gordon: You called me, so I presume you represented them, and the way you talked to me, that you are handling this transaction. Mayor Mitchell: No mam. Ms. Gordon: Your not. Mayor Mitchell: No mam. I gave assistance,to him just the same as I gave assistance to people in your park. Ms. Gordon: Well, why did you call me. Why didn't Mr. Bauer call me and tell me here it is. I have it now recorded in Bessie Lill and my name as joint occupancy. Mayor Mitchell: Same as I called other people in your park giving them assistance on rent review. Ms. Gordon: Oh, I am aware of that. Mayor Mitchell: On the rent review, yes. Ms. Gordon: I am very aware of that. Page 6 Beaumont City Council May 12, 1986 Mayor Mitchell: And they were not hired - they did not hire me. Ms. Gordon: It came back to me as harrassment. Your assistance on the rent review. Mayor Mitchell: Well, this is not a point of argument. Mr. Bauer. Ms. Gordon: And phone calls that they didn't want. Okay. But I am talking here mainly about the taxi. I have seen this taxicab dis- patched from our park. The different drivers. This man does not live in that mobile home. Here are the cabs. All right. Is there anybody - may I ask one other thing. Is there anybody on this Council that feels this would be a conflict of interest for them. Mayor Mitchell: I can see no conflict for me. Ms. Gordon: You don't feel it is a conflict? Mayor Mitchell: I don't feel it is conflict to have a service avail- able that has been here for a number of years, with just a change of ownership., Ms. Gordon: Well I believe if you were involved in the transaction I don't believe you have a right to vote on it. And, evidently, you were are you wouldn't have called me on the telephone. Mayor Mitchell: I'm not even concerned about voting on it, mam. Let Mr. Bauer give the answer as to where he is dispatching his cabs from, and what his phone number is. Ms. Gordon: Well I have pictures of the cab being dispatched here. I have pictures in front of the mobile home. And if he wants to answer I am not really done. I know that the telephone on his business license says his office and phone should be at Donna Drive, and I re- ceived this in my mail slot from GTE saying the phone•.is connected at 1444 Michigan, Space 135, in the name of Anton Bauer for Beaumont Taxi. Would you like this. Mayor Mitchell: I have nothing to do with that. I have no idea what that is. Unidentified speaker: I think the Council ought to look at it. Ms. Gordon: And I also know - he told me he dispatches his cabs from 6th Street. At one time Arge and Ray Hamilton, up until just after the latter part of this year, had a business for Beaumont Cab at 6th Street. But there is nobody there now. It has been gone since the first of the year. And I would like to know where his location is - the only loca- tion I can see is people coming and going - I have complaints from residents - I had maintenance men working out there - people coming and going with suitcases in and out - shift changes going - cabs going in and out - and last night, on my own for my own sake, at 8:30 I dis- patched a cab to my home - residence. They came to my house. I watched it being dispatched from the park, came to my house about a quarter to eight, was brought home at 9:00. I followed the cab into the park, the cab came down 14th Street, parked in front of the mobile home, a woman got out and went into the mobile home. Now if that isn't dispatching and running the business from the mobile home park, I don't know what it is. We have one business license, okay. We have a permit to operate from the State of California. If he is going to operate a business, which he said he was not operating, and he signed a statement to me, if he is going to operate a business without permission, and then there happened to be an accident, the City and myself could be involved in him pulling out on 14th Street. We could all be involved in it. And . Mayor Mitchell: Could I ask you one question Mrs. Gordon. Where were they dispatching the cab from prior to the time Mr. Bauer purchased it. Ms. Gordon: From my understanding, it was 235 East 6th Street. I didn't know that they had given up their place as of the beginning of the year - February or March. Page 7 Beaumont City Council May 12, 1986 Mayor Mitchell: Didn't they dispatch out of that trailer. Ms. Gordon: Not to my knowledge. . . . I was not aware of that. Mayor Mitchell: And had that answering service in that trailer for the Beaumont Taxi. Ms. Gordon: I was not aware of that. I know the cab was there and people were coming and going in March. Then April 1 I met him. I don't have time to take care of people's business license. That is not my job. Mayor Mitchell: I understand. I merely asked if you knew the cabs had been dispatched out of there before. Ms. Gordon: I saw the cab there in the evening. They did have an extension, I believe, for after hours, but I don't know what the reason was. If they had people dispatching out of 235 Sixth Street, or if they were . . you know, that is what I believed, if there was a problem they called them. But I didn't know they were doing busi- ness at that location. Mayor Mitchell: Thank you Mrs. Gordon. Mr. Bauer, do you have any- thing to say. Anton Bauer, 640 Donna Drive: Since this lady came with so much problems, I had to let go two of my drivers and the taxi will not be parked at that place anymore. Mayor Mitchell: You are . . . Mr. Bauer: It is on 6th Street. Mayor Mitchell: Is that what your - what your phone number is and so forth. Mr. Bauer: The telephone is going to be changed over to that place on 6th Street and everything else. The business license still states on 640 Donna Drive. Mayor Mitchell: Where you run your business from - your actual opera- ting. . . Mr. Bauer: Right. Right. And I asked - I went through all that - I can have extension phones all over the town if I want to. I have the right to have as many extension phones as I want. Mayor Mitchell: Do you have any questions Mr. Partain, of Mr. Bauer. Councilman Partain: Not of him. Mayor Mitchell: Mr. Shaw. Councilman Shaw: Well, I don't know, I might be a conflict of interest. I live in that park. Mayor Mitchell: Well, I know, we all live in Beaumont. That might be a conflict of interest all the way. Councilman Shaw: No, well I mean, I - here it is in the park, and I live in there, and I say, I don't. . . Mr. Bauer: I tried to keep some people in Beaumont with jobs - put a roof over their heads. Put some bread on their table. And then some- body comes and stabs me in my back. Mayor Mitchell: Let's not be making any accusations, Mr. Bauer. We are getting into the factual thing, and I think the determining factor is - is the taxi service a benefit to the people in Beaumont, or is it not, and do you have proper permits, and do you have proper insurance. I think those are the issues we are getting into at the present time sir. Page 8 Beaumont City Council May 12, 1986 Mr. Bauer: I do have. I do have all that. Mayor Mitchell: Do you have any questions Mr. Waller. Councilman Waller: Well, let's see, you are, no longer, dispatching from the trailer court. Mr. Bauer: No. Councilman Waller: When did this become. . . Mr. Bauer: That became effective this morning. Mayor Mitchell: Mr. Ryskamp. City Attorney: Perhaps the problem lies here . . I just reviewed the ordinance and the permit - not the business license permit, but the taxi or automobiles for hire permit, specifically says that the application should state the street number and exact location of places where the applicant proposes to stand each such automobile for hire. And I think that maybe the problem is that he has not, he has, in effect, treated this as a business address - 640 Donna Drive - rather than spelled out with particularity where the cabs are going to be standing for hire - parked for hire - however you want to . . . Mayor Mitchell: You see we don't have taxi stands in the City of Beaumont. City Attorney: I understand that. . . Mayor Mitchell: . . .and the taxi has operated here for about 20 years under various operators. City Attorney: I understand that and I believe the point of the application is to identify where - and I am not criticizing Mr. Bauer, I am suggesting that the solution would be to spell where the cabs are being parked so that there won't be any question or problem. Mr. Bauer,: The cab could be setting anyplace in Beaumont, at the bus station when the bus comes in, Greyhound, the taxi might be setting over there. The taxi might be setting at my place, on 6th Street, or whereever. Wherever we need it. Senior citizens will get a 10% discount to go shopping. Sometimes they just call and give you a list what they need to buy, the taxi driver goes and does their grocery shopping. City Attorney: You misunderstand. The issue is where are these cabs going to be garaged while you are awaiting the opportunity to be hired. Mr. Bauer: In Beaumont there isn't such a place where you have a taxi parked. City Attorney: Well, the ordinance allows you to propose one, and it is fairly specific in dealing with some of the types of problems that can.exist if it is a public street, but it would also allow for a private street. I think that is the problem here is someplace these cabs are being kept while they are awaiting being dispatched. Mr. Bauer: All right. . . City Attorney: Or they are sitting someplace waiting for hire. Mr. Bauer: There is a place . . . City Attorney: And is that specified on the application. Mr. Bauer: There is a place now on 6th Street where the taxi is going to be setting. Page 9 Beaumont City Council May 12, 1986 City Attorney: Then my suggestion to you is that there be an amend- ment spelling out where those cabs are going to be awaiting the opportunity to be hired in your application. I think that would solve the problem. Mayor Mitchell: Go ahead Mr. Partain. Councilman Partain: Let me understand this, Mr. Bauer. You are saying that the phone is no longer at the trailer park. Mr. Bauer: Ms. Gordon: No. Yes it is. Mr. Bauer: No it is not. Councilman Partain: No more, as of this morning. Mrs. Gordon - if that is the case I am assuming that you have no reason to be against this if he is no longer doing business there, is that correct. Ms. Gordon: (Mrs. Gordon is speaking from the audience and her answer is, for the most part, unintellible on the tape. It appears she is answering in the affirmative). Councilman Partain: The other thing I was kind of wondering about. You have been operating this since when. Mr. Bauer: I think. . . the 24th of March. Councilman Partain: And we have been doing this - excuse me, is this correct, what it says, that as of the writing of the agenda he has not turned in proof of insurance. Is that correct. Mr. Bauer: I turned it in today. Councilman Partain: We allowed him to operate all of this time without proof of insurance. And, also. . . Mr. Bauer: The insurance was taken out the 24th of last month. Councilman Partain: And according to this he has been operating with- out a permit. i Mayor Mitchell: He has a permit. Unidentified speaker: Mr. Partain, this is the insurance. This has also been in his office since noon today. City Manager: This isn't proof of insurance. This doesn't prove any- thing. Unidentified speaker: Yes it does. This is what we carry in the cab. City Manager: Where does it say the amount of money. Unidentified speaker: Right there. City Manager: I don't have that. I am sorry. Unidentified speaker: We are waiting for the insurance company to send the rest of the copies back. Councilman Partain: However, the question I'm . . . Mayor Mitchell: It is on a binder, Mr. Ryskamp. They are on a binder. City Attorney: Is there a binder. That is what the City is asking for a copy of. Is there a binder. City Manager: Usually a binder can come from Banning in 24 hours. Mr. Bauer: It has to come from San Francisco. Page 10 Beaumont City Council May 12, 1986 Mayor Mitchell: You bought it through Bob Kohagen Insurance. City Manager: But, he didn't send us anything. He knew he was supposed to. Mayor Mitchell: Well I don't know anything about that. Councilman Partain: Well the two things I guess I am asking here, for my own benefit, we have been allowing him to operate for two weeks without proof of insurance. Ms. Gordon: It has been a month. Councilman Partain: A month, okay, without proof of insurance, and also we have been allowing him to operate without a permit. Is that correct. Mr. Bauer: I have a permit. City Manager: Well this permit that he is here for tonight is re- quired to come from the Council to authorize the transfer. It does have to be published in the newspaper, and has to have a timely manner for publishing and getting it before the Council. Councilman Partain: Is that proof of insurance - is that the proof of insurance we have needed. We still don't have it. City Manager: Basically, the ordinance says there shall be $500,000, or $50,000/$100,000 insurance,, and there is usually a binder given to us. Councilman Partain: Excuse me, Mr. Bounds, I didn't hear all that. I am sorry. City Manager: There is usually a binder sent to us by the agent in lieu of, or until it comes from the . . . Councilman Shaw: And we have the binder in our possession. Councilman Partain: We have nothing to that effect. City Manager: We received this today. Councilman Partain: That doesn't do it. How can we let him operate. City Manager: And we received this tonight. It doesn't even say Beaumont Taxi. City Attorney: Let's understand. I think one thing needs to be made clear. We have an existing permit. The law specifies that the per- mit does not transfer until there is action taken by the Council to approve that transfer, however, it does not state that upon the sale business automatically ceases, and the standard procedure would be following the transfer, would be to make application, that applica- tion would then be put on the Council agenda with the proper notice that is mandated. And all of that has happened. The timing is not out of sequence. The continued operation of the existing business is not. The issue before you would be is the application complete, are the various components complete, in terms of where the cabs are going to be standing for hire, there needs to be that information, because there needs to be a determination that if it is on a public street you have permission from any property owners within a certain number of feet, and I just handed that to Mr. Bounds. So there is a series of requirements in the ordinance that have to be approved, including the insurance. Councilman Partain: Can he operate without a proof of insurance as far as we are concerned. City Attorney: Well, at this point you cannot approve a permit with- out insurance. That is one of the requirements. Page 11 Beaumont City Council May 12, 1986 Mr. Bauer: There is insurance. There is enough proof here. City Attorney: There is no proof as to the amount on either of those documents, Mr. Bauer. Unidentified speaker: I would like to submit this. This has already been issued. I don't know why he is asking for a permit when the City has already issued him a permit on April 1. City Attorney: This is a business license. Unidentified speaker: Well, that is a permit. City Attorney: You need to read the ordinance. We are talking about two different licenses. Mayor Mitchell: We are talking about a technicality in an ordinance that has never been cleaned up for about 15 years. City Attorney: I am not arguing that, I am arguing that we . . . City Manager: This is normal. Every City has this. Banning has the same kind. . . Mayor Mitchell: I understand. I understand. Councilman Partain: Okay. I don't see that as a problem myself. But what I do see as a problem is the insurance. We don't have anything that indicates how much insurance that he has. City Attorney: Is there a copy of the application available, Mr. Bauer. Your signed application that you gave your agent. That shows how much -- in other words, we have proof that you have purchased some type of insurance. Mr. Bauer: I signed all the papers, and he has sent it to San Francisco, the insurance, it is . . . City Attorney: Did he issue you any kind of a binder in the interim. In other words. . . Mr. Bauer: He has handed me this. He gave me this, and it is in- dustrial with a company in San Francisco. It takes a while. . . Councilman Shaw: What sort of coverage do you have, that is what we . . .what sort of coverage do you have. Mayor Mitchell: They have a binder. City Ittorney: Does he have a binder, or in the lieu of it, he has the proof that this has been submitted. There has been a payment made. Is there a contract showing us how much insurance. That is the key issue. How much is on each cab since the law mandates. An amount. And if these are the cabs that are insured, and we don't have - we are missing either a binder or a contract that would show us that these documents show those facts. City Manager: The receipt from the agent in Banning indicates "trans- mit to the California Assigned Risk Plan ". Which I presume is what that. . . Okay, this is what Industrial Indemnity in San Francisco - your application has been assigned to Industrial Indemnity in San Franciso, but there is. . . Councilman Shaw: Is there any verification as to what coverage he has. City Attorney: Or what has been covered. Councilman Shaw: Or what has been covered. Look, he has been assigned, but has he got any valid coverage. Page 12 Beaumont City Council May 12, 1986 Unidentified Speaker: We spoke with Bob Kohagen this morning and we are still waiting for the policy. This is all we have as proof of anything until Bob Kohagen returns that policy to us. Bob Kohagen has his insurance office in Banning. I have his number here if you would like to have it. I referred this to the Manager's office to- day when I turned it in. I turned this in to your office today. This is all I had and I told her that you could get ahold of Bob Kohagen and she said this would be more than enough to satisfy. NOTE)(For the record. The item referred to by this gentlemen was turned in to the City Manager's office on Monday morning, May 12, and I specifically told the gentlemen that it would not be sufficient because it did not contain enough information. He said that was all he had, and asked that I give it to the City Manager, which I did, and he agreed at that time that it was not sufficient. Julia White, Secretary to the City Manager). This is enough for the CHP, the California Highway Patrol, to keep you covered as far as insurance. City Manager: This is? Unidentified speaker: Yes it is. City Manager: It doesn't even have Beaumont Taxi on it. Unidentified speaker: It doesn't have to have. It is the insurance on the vehicle. City Manager: It doesn't say that. It does not say anything about the vehicle. It says Anton Bauer. Unidentified speaker: This is all we received. I am sorry. City Manager: I am sorry too. Councilman Shaw: Doesn't he have to have something to show what type of coverage he has. City Manager: Everybody else does, yes. Councilman Shaw: Then how come - then how can he function without any insurance policy. Mayor Mitchell: Well, what is your suggestion, Mr. Ryskamp. City Attorney: Well, are we going to be having an adjourned meeting on any of the other items, or is that not necessary. Obviously, I think the discussion, as I recall, at the time of the last transfer was that there was a need for the service that Mr. Bauer is providing in Beaumont. Our concern is, though, the potential liability to the City and, once again, as we have so frequently discussed in the last three years, the need to follow the laws as much as we can allowing for some of the archaic language. And, my request is that we do that. It does require a proof of insurance. We have not been given, in my opinion, adequate proof. We need a binder, or at least a con- tract, to show that the amounts, and the vehicles covered, are what those documents represent. Mayor Mitchell: Allow me to ask a question, Mr. Bauer. Is the Beaumont Taxi, Anton Bauer d /b /a, doing business as, Beaumont Taxi? Mr. Bauer: Right. Mayor Mitchell: Do you carry liability insurance on your other vehi- cles, on your Cadillac and on your truck, and so forth, in your name. Mr. Bauer: Yes. Mayor Mitchell: Anton Bauer. And you do carry that, but then you were getting a separate policy for the taxi, and it had to be through an assigned risk, and did Mr. Kohagen give you a binder to cover you until such time as the policy was placed. Page 13 Beaumont City Council May 12, 1986 Mr. Bauer: Mr. Kohagen said it would take a couple of weeks before I received that from San Francisco. Mayor Mitchell: Did he give you a binder. Did he give you a binder. Mr. Bauer: That is what he handed me. Mayor Mitchell: Have you ever had a binder on insurance. City Attorney: Yes, when I get a policy that I want to know is effect- ive right now I get something. . . Mayor Mitchell: You get a binder, that is right. City Attorney: I get either a binder or I have a contract that states what is covered, what the coverage is, and that this is being sub- mitted, and, normally, the contract will have at the bottom it is good for thirty days or until the company rejects the application. That is standard for what I have seen in any other insurance situation. City Manager: To eliminate the problem of the residents of Beaumont from not having the service of the taxi, I am more than willing to drive to this gentleman's office tomorrow and do everything possible to get something that will cover the City. I don't know anything else that I can do at this point. Councilman Partain: What is that - what is our liability though. I mean, where do we. . . City Manager: What is our liability? 100 %. Councilman Partain: 100 %. We can't do that. We can't allow him to operate. City Attorney: He is operating with permission of the City. Perhaps, then, I think the suggestion here, if there is not a becessity for an adjourned meeting, perhaps approval. . . City Manager: There is a necessity. City Attorney: There will be? Okay. Of course, that is still going to be a week or ten days away. The other alternative might be appro- val of this subject to Mr. Bounds verifying the insurance, and I also think subject to a statement in the application as to where these cars are going to be parked, garaged, available - where that is they are being dispatched from, not in terms of where you call into, but, physically where they are located. That is the spirit of the ordinance. I think with those two things being approved, we meet the requirements. Mayor Mitchell: In other words, we would authorize the transfer sub- ject to these two being done before he does anymore driving. City Attorney: Correct. And you would have a situation, gentlemen, basically, assuming you determine, as I read the ordinance, assuming that you determine there is a need, and I think that has been deter- mined previously, and I don't hear any testimony to the contrary that there isn't a need, then the remainder of the decision is a non - discretionary, ministerial decision. Has he met the requirements. When he has met the requirements, then the permit can be issued. That is what should be done at this time is, you approve the need and approve the permit being issued if, within the next 24 hours, 48 hours, those ministerial requirements that are lacking are met to the satis- faction of Mr. Bounds. Mayor Mitchell: Mr. Shaw. Councilman Shaw: But in the interim, if doesn't have the insurance coverage, the City is liable, right. City Attorney: The City could be liable. Page 14 Beaumont City Council May 12, 1986 Councilman Shaw: Well, then, how can we anticipate anything like that. Mayor Mitchell: Mr. Ryskamp, I am asking a question. If we authorize the transfer, that is what the application is, subject to his fur- nishing the proof of either a binder covering the whole thing, and furnishing a specific location that the cabs will be dispatched from, if he does that he cannot operate until such time until he has satisfied our administrative department, Mr. Bounds. City Attorney: Mayor Mitchell: Of those facts. Of those - yes. City Attorney: I would suggest that is the best way to handle it. . to expedite it. . . Mayor Mitchell: If we authorize the transfer subject to Mr. Bounds. . City Attorney: Otherwise, we have got a ten day period before the next meeting in which either he has to cease operations or the City has to be. . . Councilman Shaw: Holds the bag for ten days. City Attorney: Yes, potentially exposed. Mayor Mitchell: That is right and so far as the people who depend on the taxi service will not have the service. City Attorney: Will not have the service, and that is not the answer either. So I think the best answer would be to approve it in terms of approving the transfer subject to his submitting to Mr. Bounds satisfaction that he has met the ministerial requirements, in particu- lar, those two. Mayor Mitchell: And he is not to operate until such time as he satisfies Mr. Bounds. Councilman Shaw: Thats right. Mayor Mitchell: Does that sound reasonable Mr. Bounds. City Manager: I would rather go over in the morning and get it, that way we don't have to worry about it. I don't like it to be on top of my head that nobody can operate just until they satisfy me. Mayor Mitchell: No, they will satisfy the requisites of the City, Mr. Bounds. Councilman Partain: I think it should be made clear that the proof of insurance is the thing that would be holding this up. Mayor Mitchell: It doesn't roll until he has proof. Councilman Partain: Thats right. And that is the thing. You have got to have an acceptable proof of insurance, either a binder stating - like a thirty day binder - stating that he does have the insurance, or, as Mr'. Ryskamp pointed out, some type of contract - written con- tract. Councilman Shaw: Or in the interim. . . Mayor Mitchell: Mr. Bauer, do you feel that you can get hold of Mr. Kohagen tomorrow. Or go with Mr. Bounds to have Mr. Kohagen clarify that. Mr. Bauer: Yes sir. Mayor Mitchell: What would you suggest Mr. Bounds. Page 15 Beaumont City Council May 12, 1986 City Manager: I will just drive over there. Councilman Shaw: Why does Mr. Bounds have to go. Councilman Partain: Yes, that is. . . City Manager: Well, I don't like to hold it on my head for hours and hours or whatever. Councilman Shaw: Why does Mr. Bounds have to go. Mr. Bounds has business here in the City. Mayor Mitchell: We understand that, we are just trying to get a solution of some kind, if there is a solution. Unidentified speaker: I can clear it up for you if you like. The taxi will not be operating for four more days because the General Telephone will not move the phone until Thursday. There will not be any operation of the taxi until Thursday. The operation point from that point will be 845 East 6th Street. If that will clarify anything for anyone in here, so you can understand a little easier, this is the information we have so far as the insurance, and the receipt, and until such time Mr. Kohagen can get that information to us we will deliver it. There is no point in having to go after it. I will gladly hand deliver it myself. My name is Mike McClung by the way, I am the manager of Beaumont Taxi. Councilman Shaw: But in the interim, if you were to operate that and something does happen, now, we are responsible in the City in the case if anything does happen. In other words, we have to take you at your word that you are not going to. . . Mr. McClung: How can we operate a taxi without a telephone. Councilman Shaw: How? A lot of them can pick you up in the street. I have seen taxis pick up people - haven't you ever seen a taxi pick up people in the street - didn't you ever pick a passenger up in the street? Mr. McClung: This is not LA. Councilman Shaw: What. Mr. McClung: This is not LA. Mayor Mitchell: Well I don't believe that we are getting anywhere with this and it is up to you gentlemen to decide what you want to do, if there is a motion on the floor. . . Councilman Partain: There is no motion. The public hearing is still open. Mayor Mitchell: There is a motion on the floor. Councilman Partain: There is no motion. The public hearing is still open. Mayor Mitchell: The public hearing is over. Councilman Partain: You never closed the public hearing. Mayor Mitchell: I am sorry. Gentlemen, we must move ahead. May we hear from Mr. Norman Gordon. Councilman Shaw: He has left. Marge, is Norm outside. Would he care to speak. Mayor Mitchell: In the interim, Mr. Berg would you care to speak. Roger Berg requested to speak. Page 16 Beaumont City Council May 12, 1986 Roger Berg, 1164 Euclid: The answer to most of my questions in the statement there - the only question I have now that he is moving his address, if that is going to be his primary place of business now, then his home occupation permit - does that come as his secon- dary place of business now, in accordance with the ordinance. He has got the address on there of Donna Drive. What is going to be his primary place of business. City Manager: The primary place of business, as I understand it, is 640 Donna Drive. The place where the cabs will be kept will be 845 East 6th Street. Roger Berg: Okay. In reading the ordinance on the home occupation permit, it will only allow the secondary office, where it is just for the purposes of administering the business, you are not to run out of there. So, if that is the case, he is going to be operating his cabs out of the address on 6th Street, and he shouldn't have any cabs or anything located on Donna Drive, in accordance with the home occupation permit. That is what I would like to see enforced. Mayor Mitchell: Thank you Mr. Berg. Is Mr. Gordon coming in. Mrs. Gordon: No. Mayor Mitchell: Thank you very much. If there is no further con- versation on this I think we have heard everything that we need, Mr. Bounds? If that is the case, we will close the public hearing. The Public Hearing was closed at 8:51 P.M. Motion by Councilman Waller, second by Councilman Partain, that the permit not be issued until proof of insurance, and the application be amended to reflect those places where he will be standing and parking the vehicles when they are for hire, with the taxi service not to operate until proof of insurance has been given to the City Administration; further, once these conditions are met the transfer will then be granted. There being no opposition, the motion carried unanimously with one absent. 5. Request for Funding for Pool Renovation. Motion by Councilman Partain, second by Councilman Waller, to allow the bids to be opened for the resurfacing and consider awarding a bid at an adjourned meeting. There being no opposition, the motion carried unanimously with one absent. 6. Consideration of Award of Bid for Removal of Underground Storage Tanks. Motion by Councilman Shaw, second by Councilman Partain to authorize the execution of a contract with Elan and Associates in the amount of $13,260.00 for the removal and disposal of five underground storage tanks; and approving the $13,260.00 as an over budget ex- penditure from the Vehicle Maintenance budget account 5050 -4060 (Contractural Services). There being no opposition, the motion carried unanimously with one absent. 7. Authorize Contract for Soil Testing Consultant for Removal and Moni- toring of Underground Storage Tanks. Motion by Councilman Shaw, second by Councilman Partain, to authorize the City Manager to enter into a contract with Ron Barto and Asso- ciates for $4,300.00, plus any additional work required if soils contamination is found under any of the five tanks that are to be removed; with the understanding this is an over budget expenditure to be taken from the Vehicle Mainteance budget account 5050 -4060. Page 17 M go 10. 11. 12. Beaumont City Council May 12, 1986 There being no opposition, the motion carried unanimously with one absent. Consideration of Award of Bid for Termite Work on Civic Center Building. Motion by Councilman Partain, second by Councilman Shaw, to award the contract for termite work on the Civic Center Building to the firm of Comet Termite Service, Inc. in the amount of $9,190.00. There being no opposition, the motion carried unanimously with one absent. Report Concerning Joint 4th of July Fireworks Display with Banning/ San Gorgonio Pass Area Chamber of Commerce. Motion by Councilman Waller, second by Councilman Shaw, that the City of Beaumont participate in this program with Banning /San Gorgonio Pass Area Chamber of Commerce, and that $1,000.00 be taken from the General Government Account, 1450 -4096 (Community Promotion) with the funds to be given to the Beaumont Chamber of Commerce, and then with any other money the Chamber of Commerce may get from merchants or donations from the public, this be given as a show of faith between the two cities. There being no opposition, the motion carried unanimously with one absent. Development of Plans for Gymnasium, Storage Area, Kitchen Facility and Multi - Purpose Room. (Continued from April 28, 1986). Councilman Partain presented the proposed plan as drawn by Mr. Christante. This proposed plan is estimated to cost $115,000, which would include everything except the kitchen range, coffee urn, refrigerator, freezer, tables or kitchen equipment. It does include the stainless steel hood and the heating /air condi- tioning for the Council Chambers. The estimate for completing the kitchen in its entirety would be $20,000, which would bring the total cost for the complete project to $135,000. Councilman Partain indicated there is support in the community for the project, and there is the possibility of funding being avail- able from the community, but a decision needs to be made if this is an acceptable means in order to supply a meeting house and also to handle the storage problem that currently exists in the gymna- sium and at the same time begin a community center area there. Councilman Partain stated he would be happy to contact any and all service organizations to see what we can come up with. The City Manager said any funding from the City would have to come from capital improvement funds. It was the concensus of the Council to request Councilman Partain to return to the Council with a progress report concerning possi- ble community participation in this project. ORDINANCE NO. 629 - FIRST READING - Establishing a Utility Tax Upon Telephone, Electric, Gas and Cable T.V. Utility Users. After discussion by the Council, it was determined this Ordinance will be returned to the Council as an Urgency Ordinance at their regular meeting of June 9, 1986. RESOLUTION NO. 1986 -36 - A Resolution of Intention to Form a Lighting Maintenance District Within the City of Beaumont. Motion by Councilman Shaw, second by Councilman Waller, to adopt Resolution No. 1986 -36. There being no opposition, the motion carried unanimously with one absent. Page 18 Beaumont City Council May 12, 1986 At the request of Councilman Waller, Item No. "f" was removed from the Consent Calendar and will be considered as Agenda Item No. 15. 13. CONSENT CALENDAR: a. Approval of Minutes of Regular Council Meeting of April 28, 1986. b. Approval of Payment of Warrants as Audited Per Warrant List of May 12, 1986, in the amount of $30,830.78; and payroll of May 1, 1986, in the amount of $34,129.13. C. ORDINANCE NO. 628 - SECOND READING - Amending Chapter 8.04 of the Beaumont Municipal Code Relating to Food Handlers. d. RESOLUTION NO. 1986 -33 - Approving Parcel Map No. 21137 and Authorizing Recordation Thereof. e. RESOLUTION NO. 1986 -37 - Rescinding Resolution No. 1986 -29. g. Report Relative to Certification of January 1, 1986 population Estimate. h. Report of Planning Commission Action at Meeting of May 6, 1986. Motion by Councilman Waller, second by Councilman Shaw, to approve the Consent Calendar with the exception of Item No. "f ". There being no opposition, the motion carried unanimously with one absent. 15. Consideration of Approval of Negative Declaration 86 -ND -8. Appli- cant: Nick Tavaglione. Location: Between 9th and 10th Streets on Cherry Avenue. Motion by Councilman Waller, second by Councilman Partain, to adopt Negative Declaration 86 -ND -8. There being no opposition, the motion carried unanimously with one absent. 14. a. Report of Investigation Concerning Proposed Five Plex Apartment Building. Applicant: Vincent Schiro. Location: 726 Chestnut. b. Possible Recess to Closed Session Pursuant to Government Code Section 54957 to Consider Personnel Matters. C. Reconvene to Regular Session and let the record show action taken in closed session. d. Consideration of Adoption of Negative Declaration 85- ND -20. Applicant: Vincent Schiro. Location: 726 Chestnut. This agenda item was continued until an adjourned meeting to be held on Thursday, May 22, 1986 Mayor Mitchell announced to the public that the regular Council meeting of May 27, 1986 will be cancelled. Motion by Councilman Waller, second by Councilman Shaw, to adjourn this meeting to Thursday, May 22, 1986, at 7:30 P.M., in the City Council Chambers. The meeting was adjourned at 9:46 P.M. Respectfully submitted, Page 19 4CY��CLER r BEAUMONT CITY COUNCIL MINUTES OF ADJOURNED MEETING OF MAY 22, 1986 (Adjourned from May 12, 1986) The Beaumont City Council met in an adjourned meeting at 7:31 P.M., on Thursday, May 22, 1986, in the City Council Chambers, with Mayor Mitchell presiding. On Roll Call the following Council Members were present: Partain, Shaw, Waller and Mayor Mitchell. Let the record show Councilman Russo arrived at 7:33 P.M. Prior to considering the agenda, the City Manager requested that one addi- tional item be added to the agenda, which is a letter from the South Coast Air Quality Management District which requires a reponse by June 9. Motion by Councilman Partain, second by Councilman Waller, to add this item as Agenda Item No. 5, which will change the designation of the existing Agenda Item No. 5 to Agenda Item No. 6. There being no objections, the motion carried unanimously. 1. Consideration of Award of Bid for Swimming Pool Renovation. Motion by Councilman Partain, second by Councilman Russo, to award a contract to Glass -Coat Systems, Inc. in the amount of $23,500.00; and to authorize funding as follows: 1) authorize a budget transfer of $5,000.00 from Account No. 6050 -6020 (Parks) to 6150 -6020 (Pool); 2) authorize an over budget expenditure of $18,500.00 from budget expenditure Account No. 6150 -6020 (Land Improvement - Pool); 3) an over budget revenue donation from the Laura May Stewart Fund of $7,800.00 for this project will offset the over budget expenditure, leaving a net over budget expenditure of $10,700.00. 2. a. Report of Investigation Concerning Proposed Six P1ex- Apartment Building. Applicant: Schiro. Location: 726 Chestnut. The City Manager presented his report of the investigation concerning a proposed six -plex apartment building. This report is a matter of record in the Clerk's file. b. Consideration of Adoption of Negative Declaration 85- ND -20. Applicant: Schiro. Location: 726 Chestnut. Motion by Councilman Russo, second by Councilman Waller, to adopt Negative Declaration 85- ND -20; and authorize the Planning Commission to accept their minutes of April 15, 1986. There being no opposition the motion carried unanimously. 3. Request from Councilman Waller for Discussion of Replacement of Vacant Planning Commission Position. Councilman Waller presented his concerns regarding the lack of seven Planning Commission members, which can result in tie votes, and made a number of recommendations to resolve this situation including posting notice of the current vacancy and filling that vacancy; ask- ing for the resignation of the current Planning Commission, then posting notice for all "seven, with the current Planning Commissioners re- applying if they desire to continue to serve; or considering a five member Commission rather than a seven member. He also expressed concern that one member of the Planning Commission allegedly does not live in the City. Motion by Councilman Russo, second by Councilman Partain, to imme- diately start the process of replacing the vacant Planning Commissioner. Page 1 Beaumont City Council May 22, 1986 AYES: Councilmen Partain and Russo. NOES: Councilmen Shaw, Waller and Mayor Mitchell. ABSTAIN: None. ABSENT: None. MOTION FAILED. The City Manager was advised he has the authority to post the ne- cessary notice advising the public of the vacancy. 4. Approval of Payment of Warrants as Audited per Warrant List of May 22, 1986; and Payroll of May 15, 1986, in the amount of $35,170.64. Motion by Councilman Shaw, second by Councilman Waller to approve the warrant list as audited May 22, 1986, and Payroll of May 15, in the amount of $35.170.64. There being no opposition, the motion carried unanimously. 5. Citation from South Coast Air Quality Management District. Motion by Councilman Russo, second by Councilman Shaw, to authorize the payment of $400.00 to the South Coast Air Quality Management District prior to June 9, 1986. There being no opposition, the motion carried unanimously. 6. The meeting was recessed to Closed Session to meet with its desig- nated representative regarding labor relations matters pursuant to Government Code Section 54957.6, at 8:05 P.M. The meeting reconvened to regular session at 9:10 P.M. Let the record show no definitive action was taken in closed session. There being no further business to come before the Council, on motion by Councilman Shaw, second by Councilman Waller, the meeting was adjourned at 9:12 P.M. Respectfully submitted, Page 2 BEAUMONT CITY COUNCIL MINUTES OF JUNE 9, 1986 The Beaumont City Council met in a regular meeting at 7:38 P.M., on Monday, June 9, 1986, in the City Council Chambers, with Mayor Pro Tem Waller pre- siding. On Roll Call the following Council Members were present: Partain, Shaw, Waller and Russo. 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. Motion by Councilman Russo, second by Councilman Partain, that Supplemental Agenda Item 8 and 9 be taken before Oral Communication. There being no opposition, the motion carried unanimously. 8. RESOLUTION.NO. 1986 -40 - Reciting the Fact of the Special Municipal Election Held in Said City on June 3, 1986, Declaring the Results Thereof, and Call for Special Municipal Election to be Held on September 16, 1986, Motion by Councilman Russo, second by Councilman Shaw, to adopt Resolution No. 1986 -40. AYES: Councilmen Partain, Shaw, Waller and Russo. NOES: None. ABSTAIN: None. ABSENT: None. 9. Reorganization of Council: The Mayor Pro Tem stepped down and the City Clerk presided, opening nominations for Mayor. a. Nominations for Mayor. Councilman Shaw nominated Councilman Waller. Councilman Russo nominated Councilman Partain. There being no other nominations, nominations were closed. Roll Call: Nomination of Councilman Waller: AYES: Councilmen Shaw and Waller. NOES: Councilmen Partain and Russo. ABSTAIN: None. ABSENT: None. NOMINATION FAILED. Roll Call: Nomination of Councilman Partain. AYES: Councilmen Partain and Russo. NOES: Councilmen Shaw and Waller. NOMINATION FAILED. After statements by Councilman Russo and Councilman Shaw regarding the reasons for their nominations, the Clerk re- opened nominations. Councilman Russo nominated Councilman Partain. There being no other nominations, nominations were closed. Page 1 Beaumont City Council June 9, 1986 Roll Call: Nomination of Councilman Partain. AYES: Councilmen Partain and Russo. NOES: Councilmen Shaw and Waller. NOMINATION FAILED. Councilman Waller asked if the Mayor elected tonight would serve only until the September 16 election. The City Attorney advised they could elect a Mayor tonight to serve until the September 16 election, at which time the Council could then reorganize again, otherwise the Mayor would serve until the next General Election in 1987. The City Clerk re- opened nominations. Councilman Russo nominated Councilman Partain. Councilman Shaw nominated Councilman Waller. There being no further nominations, nominations were closed. Roll Call: Nomination of Councilman Partain. AYES: Councilmen Partain, Waller and Russo. NOES: Councilman Shaw. ABSTAIN: None. ABSENT: None. On a vote of three ayes, one no, Councilman Partain was elected Mayor. Mayor Partain assumed his seat, and opened nominations for Mayor Pro Tem. b. Nominations for Mayor Pro Tem. Councilman Russo nominated Councilman Waller. There being no further nominations, nominations were closed. Roll Call: Nomination of Councilman Waller. AYES: Councilmen Shaw, Russo and Mayor Partain. NOES: None. ABSTAIN: Councilman Waller. ABSENT: None. On a vote of three ayes and one abstension, Councilman Waller was elected Mayor Pro Tem. 1. ORAL COMMUNICATION: 2. a. Mr. Irish D. Mitchell, 402 E. 6th Street, addressed the Council, reading from a prepared statement. This statement is a matter of record in the Clerk's file. PUBLIC HEARINGS: TENTATIVE TRACT MAP 10018 - Applicant: Neal Baker Enterprises. Location: North of 10th Street between Pennsylvania and Cherry Avenues. Proposed forty -eight (48) lot, single family, subdivision. The Public Hearing was opened at 8 :02 P.M. There being no proponents or opponents wishing to speak, the Public Hearing was closed at 8:04 P.M. The City Manager indicated he was in possession of a letter from Mr. Lyman Burhop, which he had been requested to read into the record. This letter is a matter of record in the Clerk's file. Page 2 Beaumont City Council June 9, 1986 Although the Public Hearing had been closed, Dr. Blankenship and Mrs. Miller, both residents of Pennsylvania Avenue, addressed the Council stating their concerns regarding this development, in parti- cular whether or not these homes would be two - story, and the traffic problems on Pennsylvania. a. Consideration of Approval of Negative Declaration 86 -ND -5. Motion by Councilman Russo, second by Councilman Shaw, to adopt Negative Declaration 86 -ND -5. There being no opposition, the motion carried unanimously. b. Consideration of Approval of Tentative Tract Map 10018. Motion by Councilman Russo, second by Councilman Shaw, to approve Tentative Tract Map 10018, with the addition of the words "Concrete Curb" in front of the word "turnabout ". and to delete the word "temporary ", in Items 17 and 18 of the Conditions of Approval. There being no opposition, the motion carried unanimously. 3. TENTATIVE PARCEL MAP 21136 - Applicant: Harry J. Mitchell. Location: Southeast Corner of 8th Street and Xenia Avenue. Proposed Four (4) lot land division of 5.46 acres. The Public Hearing was opened at 8:26 P.M. Mr. David Sumner, with the firm of Sandborn /Webb Engineering, 930 Beaumont Avenue, representing the applicant, Harry J. Mitchell: He has a four lot, typical, parcel map at the location indicated in your reading, and it does meet all of the requirements of your General Plan, and the Zoning Ordinances for the City of Beaumont. It does have transportation on two sides, and it is in conformance with all the zoning ordinances that we know of. We can think of nothing that would make it adverse to approval, and unless you have some specific questions, I don't think I could address anything that is not routine on this matter. Mayor Partain: Does anybody have any specific questions for Dave at this time. Is there anyone else that would like to speak for the project. Do we have any opponents - anyone that would be opposed - that would like to speak at this time. If there are no opponents, we will show that the Public Hearing closed at 8:28 P.M. a. Consideration of Approval of Tentative Parcel Map 21136. Motion by Councilman Waller, second by Councilman Russo, to approve Tentative Parcel Map 21136 There being no opposition, the motion carried unanimously. END PUBLIC HEARINGS. 4. ORDINANCE NO. 629 - An Urgency Ordinance Establishing a Utility Tax Upon Telephone, Electric, Gas and Cable T.V. Utility Users. During the discussion period, the Council determined that the following change, percentage and maximum tax payable would be as follows: a. The exemption limit shall be changed to read "$7,500.00" rather than "$5,500.00 "• b. The Utility Users Tax shall be Three (3) Percent. C. The maximum tax payable by any service user for electric and gas shall be Three Thousand Dollars ($3,000.00). d. The maximum tax payable by any service user for telephone Page 3 5. W 7. Beaumont City Council June 9, 1986 shall be Two Thousand Dollars ($2,000.00) e. The maximum tax payable by any service user for cable t.v. shall be One Thousand Dollars ($1,000.00) Motion by Councilman Russo, second by Councilman Waller, to adopt Ordinance No. 629 as an Urgency Ordinance with the changes and additions made this evening. Motion and Second withdrawn for purpose of restating the motion. Motion by Councilman Russo, second by Councilman Waller, to move Ordinance No. 629 as an Urgency Ordinance by reading of the title only, with the changes and additions made this evening. The Ordinance was read by title only by the City Clerk. AYES: Councilmen Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. Request from Desert Pass Action Group for Assistance in Obtaining Documents from the Department of Energy Pertaining to Nuclear Waste Shipments. Motion by Councilman Waller, second by Councilman Shaw, to request, as a City, for the documents which the Desert Pass Action Group have requested from the Department of Energy, with the stipulation that the City of Beaumont will not incur any cost, with the specific language to be prepared by the City Manager, Mr. Bounds, to accomplish this. There being no opposition, the motion carried unanimously. Letter of Appreciation from Beaumont American Legion Post 428. A letter of appreciation from Beaumont American Legion Post 428 to express their thanks to the City of Beaumont for participating in the Memorial Day ceremonies at Mountain View Cemetary, was read in its entirety by the City Clerk. CONSENT CALENDAR: a. Approval of Minutes of Regular Council Meeting of May 12, 1986 and Adjourned Council Meeting of May 22, 1986. b. Acceptance of Minutes of Planning Commission Meeting of May 6, 1986. C. Approval of Warrants as audited per Warrant List of June 9, 1986, in the amount of $155,736.55; and Payroll of May 27, 1986, in the amount of $36,433.93. d. RESOLUTION NO. 1986 -38 - Approval of Final Parcel Map 21274 and Authorization for Recordation of Same. Applicant: Ralph Tapp. Location: 480 E. 13th Street. e. RESOLUTION NO. 1986 -39 - Urging all Young Men Upon Reaching the Age of Eighteen to Register with the Selective Service system as Required by Law. f. Authorizing Execution of Agreement Between City of Beaumont and Pass Medical Group Pertaining to Sewer Connection Permits and Fees. g. Authorizing City Manager to Hire Don Christante and Company to Prepare Plans and Specifications for Renovation of Senior Center and Remodeling of Rest Rooms. Page 4 Beaumont City Council June 9, 1986 h. Report of New Rate Structure for Southland Cablevision. i. Report of Action of Planning Commission at Meeting of May 20, 1986. Motion by Councilman Waller, second by Councilman Russo, to approve the Consent Calendar. There being no opposition, the motion carried unanimously. There being no further business to come before the Council, on Motion by Councilman Waller, second by Councilman Shaw, the meeting was ad- journed at 9:15 P.M. Respectfully submitted, Page 5 BEAUMONT CITY COUNCIL MINUTES OF JUNE 23, 1986 The Beaumont City Council met in a regular meeting at 7:33 P. M., on Monday, June 23, 1986, in the City Council Chambers, with Mayor Partain presiding. On Roll Call the following Council Members were present: Shaw, Waller, Russo and Mayor Partain. The Invocation was given by City Manager Robert Bounds. The Pledge of Allegiance to the Flag was led by City Attorney George Ryskamp. Prior to continuing with the agenda, the following motion was made as an ad- justment to the agenda. Motion by Councilman Waller, second by Councilman Shaw, to add Supple- mental Agenda Item No. 6 to the agenda, and move the Closed Session from Item No. 6 to Item No. 7. There being no opposition, the motion carried unanimously. 2. PUBLIC HEARING - 7:30 P.M. Formation of Lighting Maintenance District. Prior to opening the public hearing, the City Manager requested the Mayor to inform the public if they desire to protest the formation of this lighting maintenance district, they should fill out a Request to Speak form so stating, and submit it to the Clerk at this time. Mayor Partain asked those in attendance to submit such a protest at this time if they desired to do so. No one in the audience responded with a written protest, however, one member of the audience said they would appreciate an explanation as to exactly what the lighting maint- enance district was. The City Manager and City Attorney each gave lengthy explanations regarding the history of the lighting maintenance district, its pur- pose, and the legalities, pointing out it had been in existence in the City for at least the last twenty years, and by law it has to be re- formed every five years. The Mayor again asked if there was anyone present wishing to file a written protest, with no response from the audience. The Public Hearing was opened at 7:46 P.M. Let the record show one written protest was filed prior to the meeting by Ms. Patricia Hoff, 985 E. 13th Street, Beaumont. Ms. Hoff addressed the Council, reading from her written protest, which is a matter of record in the Clerk's file. The Public Hearing was closed at 8:01 P.M. a. Denial of Protest. Motion by Councilman Russo, second by Councilman Shaw, to deny the protest. AYES: Councilmen Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. Page 1 Beaumont City Council June 23, 1986 b. RESOLUTION NO. 1986 -41 - Ordering a Lighting Maintenance District Formed. Motion by Councilman Waller, second by Councilman Shaw, to adopt Resolution No. 1986 -41. AYES: Councilmen Shaw, NOES: None. ABSTAIN: None. ABSENT: None. Waller, Russo and Mayor Partain. 3. Consideration of Award of Bids for (a) Street Name Signs; and (b) Break -Away Sign Post System. Motion by Councilman Shaw, second by Councilman Russo, to award the bids to Western Highway Products for street name signs (screened) in the amount of $12,341.80 and break -away sign post system in the amount of $11,214.27. There being no opposition, the motion carried unanimously. 4. Progress Report from Mayor Partain Relative to Community Participa- tion in Construction of Multi - Purpose Room. This agenda item was continued to the next regular meeting of July 14, 1986. Prior to considering the Consent Calendar, the City Manager requested that the portion of Consent Calendar Item No. 5.b relative to approval of Planning Commission minutes of April 15, be removed from the Consent Calendar and continued until the next regular meeting. 5. CONSENT CALENDAR: a. Approval of Minutes of Regular Council Meeting of June 9, 1986. b. Acceptance of Minutes of Regular Planning Commission Meeting of May 20, 1986. C. Approval of Warrants as Audited per Warrant List of June 23, 1986, in the amount of $144,424.57; and Payroll of June 12, 1986, in the amount of $35,371.04. d. Acceptance of Resignation of Planning Commissioner Cole Jackson. e. Consideration of Granting One Year Extension of Tentative Tract Map No. 19303. Applicant: Roy Kulikov. Location: Beaumont Avenue between Cougar Way and Brookside. f. Report of Planning Commission Action at Meeting of June 10, 1986. Motion by Councilman Russo, second by Councilman Shaw, to approve the Consent Calendar with the exception of the April 15 Planning Commission minutes under Item No. 5.b. There being no opposition, the motion carried unanimously 6. RESOLUTION NO. 1986 -42 - Ordering Action Pursuant to Government Code Section 8830 et seq, Relative to Foreclosure Against Property of Roy Kulikov for Failure to Pay Bond Assessment. Motion by Councilman Russo, second by Councilman Waller, to adopt Resolution No. 1986 -42. AYES: Councilmen Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. Page 2 Beaumont City Council June 23, 1986 7. The City Council recessed to Closed Session Pursuant to Government Code Section 54957.6 to meet with its designated representative regarding labor relations matters at 8:20 P.M. The meeting reconvened to regular session at 9:34 P.M. Let the record show direction was given to the negotiator regarding labor relations, but no definitive action was taken in closed session. Motion by Councilman Waller, second by Councilman Russo, to adjourn this meeting to Tuesday, July 1, 1986, at 4:30 P.M., in the City Council Chambers, for the purpose of budget review. There being no opposition, the motion carried unanimously. The meeting was adjourned at 9:39 P.M. tfully submitted, ty City Clerk Page 3 BEAUMONT CITY COUNCIL MINUTES OF ADJOURNED MEETING OF JULY 19 1986 (Adjourned from June 23, 1986) The Beaumont City Council met in an adjourned meeting at 4:35 P.M., on Tuesday, July 1, 1986, in the City Council Chambers, with Mayor Partain presiding. On Roll Call the following Council Members were present: Shaw, Russo and Mayor Partain. Let the record show Councilman Waller arrived at 4:45 P.M. Prior to proceeding with the agenda, consideration was given to adding Resolution No. 1986 -43 to the agenda at this time. Motion by Councilman Shaw, second by Councilman Russo, to add Resolution No. 1986 -43 to the agenda as Item No. 4, to be heard prior to Item No. 1. There,being no opposition, the motion carried with 3 ayes, 1 absent. 4. RESOLUTION NO. 1986 -43 - Amending Resolution No. 1985 -42 Ordering Initiation of Judicial Foreclosure Action (Assessment District 1983 -1). Motion by Councilman Shaw, second by Councilman Russo, to adopt Resolution No. 1986 -43. AYES: Councilmen Shaw, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: Councilman Waller. 1. Review of Proposed Budget - Fiscal Year 1986 -87. The City Council proceeded with their review of the proposed budget for fiscal year 1986 -87, first discussing the projected revenues, and then considering each department individually. The following adjustments to the budget were proposed by the City Council: Account 1050 -4035, Travel, Training and Meetings, City Council, increased to $6,000.00. Account 1350 -4035, Travel, Training and Meetings, Community Development, increased to $1,600.00. The Council ended their review with the General Government account, and will continue their review beginning with the Police account at a future adjourned meeting. 2. Consider Any Immediate Action Items for the 1986 -87 Budget. Motion by Councilman Russo, second by Councilman Waller, to authorize a lease /purchase agreement with Executone Systems, in the amount of $7,985.00, for twenty -four months at $406.15 per month including tax. There being no opposition, the motion carried unanimously. 3. The Meeting was recessed to Closed Session pursuant to Government Code Section 54957.6 to meet with its designated representative regarding labor relations matters at 6:50 P.M. The meeting reconvened to regular session at 7:17 P.M. Let the record show no definitive action was taken in Closed Session. Page 1 Beaumont City Council July 1, 1986 The meeting was adjourned to Monday, July 7, 1986, at 5:00 P.M., in the City Council Chambers for continued review of the budget. Meeting adjourned at 7:20 P.M. Respectfully submitted, l� e u y Clerk Page 2 BEAUMONT CITY COUNCIL MINUTES OF ADJOURNED MEETING OF JULY 7, 1986 (Adjourned from July 1, 1986) The Beaumont City Council met in an adjourned meeting at 5:30 P.M., on Mon- day, July 7, 1986, in the City Council Chambers, with Mayor Partain presiding. Prior to proceeding with the agenda, Councilman Fred Shaw was appointed to act as Clerk Pro Tem for this meeting. On Roll Call the following Council Members were present: Shaw, Waller and Mayor Partain. Councilman Russo was absent at roll call, arriving at 5:38 P.M. 1. Review of Proposed Budget - Fiscal Year 1986 -87. The City Council continued with their review of the proposed budget, beginning with Account 2050, Police Department. The City Manager pointed out this budget has been combined with Code Enforcement and Animal Control this year thereby increasing the Police budget for this year. The Fire Department budget will be brought back for additional re- view. The Council ended their review with the Public Works account, and will continue their review beginning with the Street Maintenance account at a future meeting. 3. The meeting was recessed to Closed Session pursuant to Government Code Section 54957.6 to meet with its designated representative regarding labor relations matters at 7:01 P.M. The meeting was reconvened to regular session at 7:35 P.M. Let the record show there was no definitive action taken in Closed Session. 2. Consider Any Immediate Action Items for the 1986 -87 Budget. Motion by Councilman Waller, second by Councilman Shaw, to authorize the City Manager to lease /purchase from Motorola Communications and Electronics, Inc.,.six Handi- Talkie radios with batteries and charger and eleven 100 watt mobile units, installed, with tax included, for the price of three annual payments of $12,164.73 per year. There being no opposition, the motion carried unanimously. Motion by Councilman Shaw, second by Councilman Russo, to authorize the City Manager to purchase five mobile units and one handi - talkie, to be used in Public Works, Parks and Sewer, for a total cost of $4,440.01. There being no opposition, the motion carried unanimously. There being no further business to come before the Council, the meeting was adjourned at 7:43 P.M., on motion by Councilman Waller, second by Councilman Russo. Respectfully su mitted, C1 erk Pro Tem BEAUMONT CITY COUNCIL MINUTES OF ADJOURNED MEETING OF JULY 21, 1986 (Adjourned from July 1i', 1986) The Beaumont City Council met in an adjourned meeting at 5:10 P.M., Monday, July 21, 1986, in the City Council Chambers, with Mayor Partain presiding. On Roll Call the following Council Members were present: Shaw, Waller and Mayor Partain. Let the record show Councilman Russo arrived at 5:45. Councilman Shaw was appointed to act as City Clerk Pro Tem for this meeting only. 1. Continuation of Review of Proposed Budget for Fiscal Year 1986 -87. The City Council continued with their review of the proposed budget, beginning with Street Maintenance. The following adjustments to the budget were proposed by the City Council: Account 6100 -4035, Travel, Training and Meetings, Senior Center, increased to $400.00 Account 7000 -4035, Travel, Training and Meetings, Transit, increased to $500.00. The City Manager was directed to obtain reports concerning fire ser- vice, as follows: 1) the number of firefighters on a daily basis in the facility; 2) the number of calls per day to any address; and 3) a mileage report of the vehicles 2. Consider Any Immediate Action Items for the 1986 -87 Budget. Motion by Councilman Russo, second by Councilman Waller, to authorize the purchase of a telephone system for the City Hall Building, 550 E. 6th Street, from American Business Phones, Inc., in the amount of $6,190.20, and cancellation of the order for Executone Lease - Purchase, to be purchased from the General Government Account. There being no opposition, the motion carried unanimously. 3. The meeting was recessed to Closed Session pursuant to Government Code Section 54957 to consider Personnel Matters at 7:42 P.M. The meeting was reconvened to regular session at 8:45 P.M. Let the record show that thereiscussion pursuant to personnel matters, Taken. but no definitive action was On Motion by Councilman Shaw, second by Councilman Waller, the meeting was adjourned at 8:46 P.M. Respectfully submitted, L' ClerlC Pro em ;t R BEAUMONT CITY COUNCIL MINUTES OF ADJOURNED MEETING OF July 17, 1986 (Adjourned from July 14, 1986) The meeting was called to order by the Deputy City Clerk at 5:09 P.M. Due to a lack of quorum, the Deputy City Clerk adjourned the meeting to 5:00 P.M. on Monday, July 21, 1986, in the City Council Chambers. The meeting was adjourned at 5:10 P.M. Resectfully submitted, 4 ty City Clerk BEAUMONT CITY COUNCIL MINUTES OF JULY 14, 1986 The Beaumont City Council met in a regular meeting at 7:30 P.M., on Monday, July 14, 1986, in the City Council Chambers, with Mayor Partain presiding. On Roll Call the following Council Members were present: Shaw, Waller, Russo and Mayor Partain. The Invocation was given by Reverand Richard Ashley, lst Baptist Church. The Pledge of Allegiance to the Flag was led by Councilman Waller. 1. ORAL COMMUNICATION: a. Mr. Fred Hicks, President, Cherry Festival Association, read a letter of appreciation for the assistance and cooperation of the City of Beaumont and its staff during this last Cherry Festival. The letter is a matter of record in the Clerk's file. t 2. PUBLIC HEARING - TENTATIVE TRACT MAP 21763 - Applicant: Paul R. Turner, Inc. Location: Southwest Corner of Pennsylvania akd 14th Street. A proposed ten (10) lot single family subdivision (86 -TM -2) The Public Hearing was opened at 7 :34 P.M. There were no opponents or proponents wishing to speak regarding Tentative Tract Map 21763. There being no opponents or proponents, the public hearing was closed at 7 :35 P.M. During the discussion by Council, Councilman Russo pointed out that due to the fact Paul Turner serves as the City's building inspector there is a conflict of interest concerning this project, and request- ing that all inspections for this project be given to an independent inspector outside the City. The City Attorney indicated that a directive to the City Manager to this effect would be sufficient, with no motion required. the City Manager acknowledged this direction, and stated further that not only an outside inspector would be used, but also the City's consulting engineer would handle all plan checks, off -site and on -site. a. Consideration of Adoption of Negative Declaration 86 -ND -7. Motion by Councilman Waller, second by Councilman Shaw, to adopt Negative Declaration 86 -ND -7. There being no opposition, the motion carried unanimously. b. Consideration of Approval of Tentative Tract Map 21763. Motion by Councilman Shaw, second by Councilman Russo, to approve Tentative Tract Map 21763. There being no opposition, the motion carried unanimously. 3. Consideration of Claim for Damages Filed by Angie Field, 1086 Edgar. Motion by Councilman Russo, second by Councilman Shaw, to authorize payment for damages in the amount of $1,015.12 to Ms. Angie Field. There being no opposition, the motion carried unanimously. 4. Consideration of Application by Mrs. Ann Connors for Use of City Cable Extending Across Beaumont Avenue for Campaign Banner. Page 1 5. Beaumont City Council July 14, 1986 Motion by Councilman Shaw, second by Councilman Waller, to deny the application by Mrs. Ann Connors. Motion by Councilman Russo, second by Councilman Shaw, to amend Councilman Shaw's motion to include that the cable will be removed at the City's expense. VOTE TAKEN ON AMENDMENT TO MOTION: AYES: Councilmen Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. AMENDMENT TO MOTION CARRIED. VOTE TAKEN ON MAIN MOTION: AYES: Councilmen Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. MOTION CARRIED AS AMENDED. Progress Report from Mayor Partain Relative to Community Participation in Construction of Multi- Purpose Room. (Continued from June 23, 1986). Councilman Russo read a letter from Faith Dalton, Senior Center Direc- tor, requesting consideration being given to utilizing the proposed kitchen in the multi - purpose room as a senior nutrition site. Councilman Russo then reported he and Mayor kitchen equipment which is used, and which City at fees not yet determined. They have which will be donated as well. They are at are planning to meet with the local service and funds for the project. Partain have located some would be available to the also located some equipment the point now where they clubs and solicit support Councilman Shaw asked the matter be held in abeyance until he had the opportunity to discuss the letter from Faith Dalton with the Office on Aging Advisory Board. Councilman Russo stated, for clarification, that the memo was read to show additional uses for the kitchen facility, and we will not be proceeding on the basis that there will be a nutrition site here, but this is another possibility for usage, and the City is not ready to apply to the Office on Aging for a nutrition site, just that it is another possible use for the kitchen, and they would like to proceed with the original plans. They would like to proceed with what the Council has already given its approval to do. Councilman Waller questioned what approval the Council has given, and Councilman Russo indicated approval has been given to draw plans, and has given approval to proceed in finding methods of funding. The plans have been drawn, and they are now at the point in time to go to local service clubs to ask for their support. Councilman Waller pointed out there were several alternatives to be considered in the beginning among which was placing a scout house on the grounds of the park; the possibility of using the facilities in -house and doing some modifications with Mr. Berg and Mr. Gordon to work with the previous Mayor in a study of City Hall and its possi- ble uses; and the alternative of not only housing the scouts, but also making it available to other entities that might wish to rent it. Mayor Partain pointed out that part of this plan includes a storage facility for equipment which is needed to make the gymnasium opera- tional as far as availability to everybody. Councilman Shaw stated he hoped no one had the idea of using the $35,000 which has been earmarked for certain renovations by the Senior Center. Page 2 7. Beaumont City Council July 14, 1986 Mayor Partain said that never at any time has there been contemplated use of those funds for this project, and they are not asking for funds but are asking the Council to allow them to proceed with their contact with local service clubs to see what kind of funding can be obtained. Councilman Waller asked that when service clubs and business people were approached, they be made aware that the fundng may be used for an entirely new multi- purpose room storage fa ility and kitchen, or that it may be used for a remodeling of the building to better utilize existing space. Councilman Russo replied that the arrangement or-rearrangement of office space can be best determined by the City'Manager, and the Council has made a tentative commitment to the community to proceed with this project and work out plans, which has been done, and they are now to the point where they need to measure community support. He and Mayor Partain have accepted an assignment to work on a project, which they are working on, they have proceeded with it and have come to this point. He asked the Council to indicate if they wish to kill the project, or if they wish them to proceed then allow them to go forward. Councilman Waller indicated he would be willing to serve as a committee of one to investigate the possibility of getting support for doing the reconstruction and remodeling of the building itself. Mayor Partain said he personally has no problem with that, however, he would like to see a print as to what Councilman Waller intended to do. It was the concensus of the Council to allow Mayor Partain and Councilman Russo to proceed in contacting members of the community regarding support for the project. The meeting was recessed to closed session pursuant to Government Code Section 54957.6 to meet with its designated representative regarding labor relations matters at 8:19 P.M. The meeting was reconvened to regular session at 10:06 P.M. Let the record show that the Council received a report from its negotiator regarding labor relations matters. CONSENT CALENDAR: a. Approval of Minutes of Regular Council Meeting of June 23, 1986, Adjourned Council Meeting of July 1, 1986 and Adjourned Council Meeting of July 7, 1986. C. Approval of Warrants as Audited per Warrant List of July 14, 1986, in the amount of $126,936.44; and Payroll of June 26, 1986, in the amount of $35,457.54. d. RESOLUTION NO. 1986 -44 - Authorizing the Signing and Execution of the Memoranda of Understanding Between the City of Beaumont and the General Employees Unit of the Public Employees Associa- tion of Riverside County, Inc.; the Beaumont Confederation of Police of the California Organization of Police and Sheriffs; the Police Sergeants as Individuals; and the Management and Administrative Employees as Individuals. Motion by Councilman Waller, second by Councilman Shaw, to approve Consent Calendar Items "a ", "c" and "d ", with Item No. "b" being brought back at the next regular Council Meeting. There being no opposition, the motion carried unanimously. Motion by Councilman Waller, second by Councilman Shaw, to hold Consent Calendar Item No. "b" over to the next regular Council Meeting. There being no opposition, the motion carried unanimously. Page 3 Beaumont City Council July 14, 1986 Motion by Councilman Waller, second by Councilman Shaw, to a4journ this meeting to Thursday, July 17, 1986, at 5:00 P.M., in th City Council Chambers. The meeting was adjourned at 10:12 P.M. Respectfully submitted, Page 4 BEAUMONT CITY COUNCIL MINUTES OF JULY 28, 1986 The Beaumont City Council met in a regular meeting at 7:35 P.M., on Monday, July 28, 1986, in the City Council Chambers, with Mayor Partain presiding. On Roll Call the following Council Members were present: Shaw, Waller, Russo and Mayor Partain. The Invocation was given by City Manager Robert Bounds. The Pledge of Allegiance to the Flag was led by Deputy City Attorney Robin- son. 1. ORAL COMMUNICATION: a. Roger Berg, 1164 Euclid, addressed the Council concerning trees which are growing on the curbline to the south of his home which are creating a traffic hazard. The City Manager was directed to investigate Mr. Berg's complaint, and notify Mr. Berg in writing as to the City's responsibility. 2. Consideration of Claim for Damages Filed by Mrs. Corie Araiza, 850 Palm Avenue. Motion by Councilman Shaw, second by Councilman Waller, to authorize the City Manager to pay $1,214.29 as a partial payment for damages to the home of Mrs. Corie Araiza. There being no opposition, the motion carried unanimously. 3. Consideration of Claim for Damages Filed by Mrs. Gerri Morris, 862 Palm Avenue. Motion by Councilman Shaw, second by Councilman Waller, to authorize the City Manager to pay $636.25 for full settlement of the damages claimed by Mrs. Gerri Morris. There being no opposition, the motion carried unanimously. 4. Report Concerning Claim for Damages Filed by Mr. Larry Nolan. Motion by Councilman Waller, second by Councilman Shaw, to pay the amount of $750.00 as final and full settlement of Mr. Nolan's claim. There being no opposition, the motion carried unanimously. 5. Acceptance of Minutes of Regular Planning Commission Meeting of April 15, 1986. (Continued from July 14, 1986). Since the Council has not received the full report, this agenda item was continued to the next regular meeting. 6. CONSENT CALENDAR: At the request of Councilman Waller, Consent Calendar Item No. "a" was removed from the Consent Calendar and will be considered separ- ately. b. Acceptance of Minutes of Regular Planning Commission Meeting of June 10, 1986. c. Approval of Payment of Warrants as audited per Warrant List of July 28, 1986, in the amount of $185,239.29; and Payroll of July 10, 1986, in the amount of $38,259.51. Page 1 Beaumont City Counci, July 28, 1986 d. RESOLUTION NO. 1986 -45 - Approving the Concept of Establishing a Service Authority for Freeway Emergencies. e. RESOLUTION NO. 1986 -46 - Adopting an Employees' Deferred Compen- sation Plan and Authorizing the Execution of Agreements Related to said Plan by the Mayor. f. Consideration of Adoption of Negative Declaration 86- ND -10. Applicant: Tom Daniel. Location: S/E Corner of 8th Street and Beaumont Avenue. g. Consideration of Adoption of Negative Declaration 86 -ND -8. Applicant: Rudolf Zerr. Location: 289 E. 5th Street. h. Approve the Extension of the Term of Office of All Senior Center Advisory Commissioners to January 12, 1987. i. Adoption of Investment Policy. j. Authorization for Mayor to Execute Agreement for 12th Year Community Development Block Grant Funds. k. Report of Planning Commission Action at Meeting of July 15, 1986. Motion by Councilman Russo, second by Councilman Waller, to adopt the Consent Calendar Items "b" through "k ". There being no opposition, the motion carried unanimously. 7. Approval of Minutes of Regular Council Meeting of July 14, 1986, and Adjourned Council Meetings of July 17 and July 21, 1986. Motion by Councilman Russo, second by Councilman Waller, to approve the minutes with the correction made to the minutes of the Adjourned Meeting of July 21 to indicate the meeting was adjourned from July 17, 1986. There being no opposition, the motion carried unanimously. Motion by Councilman Waller, second by Councilman Shaw, to adjourn this meeting to Thursday, July 31, 1986, at 6:00 P.M., for review and possible finalization of the 1986 -87 budget. Motion by Councilman Waller, second by Councilman Shaw were withdrawn. 8. Publication of Hearing Date for Budget and Revenue Sharing Use of Funds. Motion by Councilman Waller, second by Councilman Shaw, to set the date of August 25, 1986 as Public Hearing for the 1986 -87 Budget and Revenue Sharing Use of Funds. There being no opposition, the motion carried unanimously. Motion by Councilman Waller, second by Councilman Shaw, to adjourn this meeting to Thursday, July 31, 1986, at 7:00 P.M., for review and possible finalization of the 1986 -87 budget, with a study session on streets, including a tour of streets, at 6:00 P.M. There being no opposition, the motion carried unanimously. There being no further business to come before the Council, the meeting was adjourned at 8:08 P.M. Page z Respectfully submitted, BEAUMONT CITY COUNCIL MINUTES OF ADJOURNED MEETING OF JULY 319 1986 (Adjourned from July 28, 1986) The Beaumont City Council met in an adjourned meeting at 7:09 P.M., Thursday, July 31, 1986, in the City Council Chambers, with Mayor Partain presiding. Prior to proceeding with the agenda, Councilmkn Fred Shaw was appointed to act as Clerk Pro Tem for this meeting only. On Roll Call the following Council Members were present: Shaw, Waller, Russo and Mayor Partain. 1. Continuation of Review of Preliminary Budget for Fiscal Year 1986 -87. Having completed their first review of the entire budget, certain budgeted items and departments were brought back for additional discussion. Councilman Waller questioned the quarterly financial report submitted by the Chamber of Commerce, feeling it should be a line item report as submitted by other City departments. The remaining Council Mem- bers felt the quarterly financial report was satisfactory for the City's needs. On the purchase of the telephone system, the City Manager indicated the cost of the system should be charged to capital expenditures, therefore, the $119000 shown in Account 1450, General Government, under Item 4015 should be reduced to $7,200, and a new item added to Item 6040 in the amount of $69191 to cover the cost of the system itself. The City Manager then presented a report concerning the streets in need of repair. This report is a matter of record in the Clerk's file. During study session, the Council had been taken by City bus to observe all the streets included in the report. After discussion, the City Manager was directed to bring a report back as a budget line item, with more detail, in the approximate amount of $500,000, at which time the Council will give further direction. The contract for fire services with Riverside County Fire Department was discussed, specifically the need for one additional Firefighter I. 2. Consider Any Immediate Action Items for the 1986 -87 Budget. a. Agreement for Fire Protection. Motion by Councilman Russo, second by Councilman Shaw, to authorize the Mayor to sign a contract with the County Fire Department as sub- mitted by the County of Riverside. There being no opposition, the motion carried unanimously. b. Repair of Certain Streets. Motion by Councilman Waller, second by Councilman Russo, to authorize that the 1000 to 1300 block of Palm Avenue be reconstructed by use of heater remix and overlay, with RFPs to be sent out, with staff to strive to have it out in time to open bids on August 25. There being no opposition, the motion carried unanimously. Page 1 Beaumont City Council July 310 1986 c. Overlay of Antonell Court. Motion by Councilman Russo, second by Councilman Waller, to authorize Wormin.gton Grading and Paving to put a one and one-half inch overlay over that portion of Antonell Court that is not the responsibility of the underground contractor, with the cost not to exceed $5,300.00. There being no opposition, the motion carried unanimously. 3. The meeting was recessed to Closed Session pursuant to Government Code Section 54957 to consider personnel matters at 8:58 P.M. The meeting was reconvened to regular session at 9:45 P.M. Let the record show there was discussion and reports taken regarding personnel matters, but no definitive action was taken. Motion by Councilman Waller, second by Councilman Shaw, that after considering the financial situation, the City defund the position of Purchasing and Personnel, and to authorize the City Manager to negotiate a reasonable time table for the defunding of said depart- ment. AYES: Councilmen Shaw, Waller and Mayor Partain. NOES: Councilman Russo. ABSTAIN: None. ABSENT: None. There being no further business to come before the Council, on motion by Councilman Shaw, second by Councilman Waller, the meeting was ad- journed to Wednesday, August 6, 1986, at 4:00 P.M., in the City Council Chambers. The meeting was adjourned at 9:56 P.M. Respectfully submitted, - JA 1441000e CleYk Pro TeM Page 2 BEAUMONT CITY COUNCIL MINUTES OF AUGUST 25, 1986 The Beaumont City Council met in a regular meeting at 7:38 P.M., on Monday, August 25, 1986, in the City Council Chambers, with Mayor Partain presiding. On Roll Call the following Council Members were present: Shaw, Waller, Russo and Mayor Partain. The Invocation was given by Reverand John Hall, Church of Religious Science. The Pledge of Allegiance to the Flag was led by Councilman Shaw. 1. Presentation by Mr. Bob Stranger, Southern California Edison Co. Mr. Stranger, representing Southern California Edison, presented a plaque commemorating the relationship between Edison Company and the City of Beaumont. This plaque was presented as part of Edison's Centennial Celebration. 2. ORAL COMMUNICATION: Mr. James Melvin, 1425 Cherry Avenue, Space 181, representing the Valley Mobile Home Owners and Renters Association, addressed the Council relative to a proposal by the Management of Valley Mobile Home Park to implement individual trash pick -up at each space in the park. Mr. Melvin presented a petition against this individual trash pick -up to the Council, and enumerated the many reasons this would-not be feasible. He also pointed out the Association has attempted over the past two and one -half years to negotiate with Farr Realty under the City's Ordinance No. 602, with no resolution of the problems, and he be- lieved the City should now make a sincere effort to implement Ordinance No. 602 as it was written. The City Manager advised, since we were unable to find a Commission who could sit in review, the City has now found an arbitrator who will be giving us a date, and as soon as that date has been set, a letter will be sent to the Association. At the request of the Mayor, the City Attorney presented the results of his research relative to the Ordinance (Chapter 8.12.30 of the Municipal Code) and Resolution No. 1978 -28, as amended by Resolution 1978 -43. He indicated the City Council delegated the authority to the City Manager to determine if mechanical handling was required by business establishments, and, in the resolution which adopted the contract with Inland Disposal, mobile home parks were clearly classi- fied as business establishments. He also pointed out there is a reference that in those types of users, it is the owners (in this case the owner of the mobile home park) that is responsible for pay- ment, but not that he does not have the right to pass this charge on. The City Attorney's conclusion was that the City does have the author- ity to make the determination as to whether this is an establishment producing a volume of garbage which justifies mechanical handling by placement of the refuse in one or more steel bins. Motion by Councilman Waller, second by Councilman Russo, to add Item No. 2.a to the agenda. AYES: Councilmen Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: Councilman Shaw. ABSENT: None. Page 1 Beaumunt City Council August 25, 1986 2.a Garbage and Rubbish Pick -Up at Valley Mobile Home Park. Motion by Councilman Russo, second by Councilman Waller, to direct the City Manager to notify the owners of the mobile home park that no change in refuse pick -up shall take place prior to November 1, 1986. MOTION WITHDRAWN. The meeting was recessed at 8:15 P.M. to allow Councilman Russo and the City Attorney to draft a resolution for adoption by the Council. The meeting was reconvened at 8:25 P.M. RESOLUTION NO. 1986 -55 - Relating to Garbage and Rubbish Collection in the Valley Mobile Home Park. Motion by Councilman Russo, second by Councilman Waller, to adopt Resolution No. 1986 -55. AYES: Councilmen Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: Councilman Shaw. ABSENT: None. PUBLIC HEARINGS: 3. TENTATIVE TRACT MAP 21830 - Applicant: Centennial Engineering, Inc. for Development Entity Ventures, Inc. Location: Orange Avenue (extended) approximately 600 feet south of Brookside Avenue. Pro- posed subdivision of 10 acres into 65 single family patio home lots. (86 -TM -3, 86- ND -9). The staff report concerning this tract map was presented by Ron Larson, Director of Community Development. The Public Hearing was opened at 8:35 P.M. a. Mr. Lewis Lohr, a member of Centennial Engineering, 1779 East Florida Avenue, Hemet, California, addressed the Council stating they had reviewed the conditions of approval and have no problems with them, and.he would be happy to answer any questions the Council may have. There being no other proponents or opponents wishing to speak, the Public Hearing was closed at 8:36 P.M. Following the close of the public hearing, there was a lengthy dis- cussion involving the City Council, the City Manager and the Director of Community Development concerning this tract, with specific concerns as follows: a) Density, b) open space, c) square footage of homes, d) C.C. & Rs (tv antennas), e) lot size and f) the validity of the original speci- fic plan. Motion by Councilman Waller, second by Councilman Shaw, to send this tract map back to the Planning Commission for additional review. AYES: Councilmen Shaw and Waller. NOES: Councilman Russo and Mayor Partain. ABSTAIN: None. ABSENT: None. MOTION FAILED. 3.a Consideration of Adoption of Negative Declaration 86 -ND -9. Motion by Councilman Russo, second by Mayor Partain to adopt Negative Declaration 86 -ND -9. Page 2 AYES: Councilman NOES: Councilmen ABSTAIN: None. ABSENT: None. MOTION FAILED Beaumont City Council August 25, 1986 Russo and Mayor Partain. Shaw and Waller. Motion by Councilman Waller, second by Councilman Shaw, to continue this agenda item to the next Council Meeting of September 8, 1986, to allow the City Manager and the City Attorney the opportunity to legally research the question if a single family dwelling can be put in an RHD zone on these lots. AYES: Councilmen Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. 4. TENTATIVE PARCEL MAP 21848 - Applicant: Frank Rouse. Location: 500 feet southeast of 14th Street and Edgar Avenue. Proposed division of 1.92 acre property into two lots. (86- PM -3). The staff report was presented by Ron Larson, Director of Community Development. The Public Hearing was opened at 9:38 P.M. a. Mr. Jerry Cody, 1322 Edgar Avenue, addressed the Council, regard- ing his concerns as follows: My concern and interest in that proposed subdivision not only is about the continuance of Edgar Avenue to 14th Street across San Timoteo Canyon wash which runs parallel with the proposed subdi- vision of the property, and who is going to provide for the bridge that you are going to have to build across the wash, and to continue to go through the easement which is actually the driveway of a property that is on 14th Street, which I can't remember the name of the man that owns that property. It would allow for a continuance of Edgar Street to go across a bridge that would presumedly would be built across the wash - the flood channel there to continue to 14th Street. And, also, on the thirty foot wide access drive from Edgar Avenue, is that to be considered a public and City street which would have curb and gutter and sewer lines to run through that, and appropriate for the water that drains presently now on - I can't remember the name of the street - San Miguel Street and Edgar Street and there is a cul de sac in the middle of that street - and the drain from all the houses on that street presently drain through to the end of the street north, and through the properties both ending at the end of the street and on to and in the proposed subdivision. Are they going to reroute the sewer line there, provide curb and gutter to go through there and on to Edgar Street, which presumedly is the only way for the water to run - because San Miguel has a vacant lot which is perpendicular to the same proposed subdivision there. I also wanted to ask that that proposed subdivision be noted as - I am all confused as to these dwelling things here after this last deal here. Mayor Partain: You understand this is dealing primarily with a lot split. Mr. Cody: Right, right. Mayor Partain: That is all they are doing is just splitting the lot. Mr. Cody: Right. Mayor Partain: And all of the questions which you have addressed Page 3 Beaumont City Council August 25, 1986 in fact would not be even brought forward until any construction is ever proposed, until a plan is developed or anything for that area. A lot of these questions are really not pertinent to the lot split itself, only to the development of the lot. Am I not correct, Mr. Larson. Is that not a fair statement. I don't want to discourage you from coming before the Council or . . . Mr. Cody: What I understand here on this thing is that the road is to continue through Edgar Street, which is the street I live on. Ron Larson: No, that is not correct. We are not proposing a bridge, or to continue the street through the arroyo. It would be too expensive and would not serve any purpose, particularly just to serve two lots of this size. Also the thirty foot ease- ment would be a private driveway, not a public street, because it would not serve any more than one dwelling. So, you are essentially looking at it remaining essentially as is, with the street terminating right where it is, an extension of the curb and gutter approximately thirty feet further in order to serve both parcels, but not to go down into the arroyo because if we extended the street down there, we wouldn't be able to maintain a street - it would be washed out every time it rains - and we do not feel that it is necessary to have a bridge, particularly for just two lots. And the size of the units is governed by the City code, which requires a minimum of 1100 square foot for each dwelling unit. Which may be more, but cannot be less. Mr. Cody: That makes me happy. Thank you. Mayor Partain: Anyone else wish to speak to Item No. 4. Either for or against. Item No. 4. The Public Hearing was closed at 9:45 P.M. Consideration of Approval of Tentative Parcel Map 21848. Motion by Councilman Russo, second by Councilman Shaw, to approve Tentative Parcel Map 21848. There being no opposition, the motion carried unanimously. 5. ZONE CHANGE 86 -RZ -1 - Applicant: Burton Dawson. Location: 655 Highland Springs Road. Proposed change of zone from CRO, Commercial - Residential- Office, to CG, General Commercial, to allow an auto sales facility. The staff report was presented by Ron Larson, Director of Community Development. The Public Hearing was opened at 9:48 P.M. There were no proponents or opponents wishing to speak regarding this agenda item. The Public Hearing was closed at 9:49 P.M. a. Consideration of Adoption of Negative Declaration 86- ND -11. Motion by Councilman Shaw, second by Councilman Waller, to adopt Negative Declaration 86- ND -11. There being no opposition, the motion carried unanimously. b. ORDINANCE NO. 630 - FIRST READING - Rezoning Certain Property from CRO, Commercial- Residential - Office, to CG, General Commercial. Motion by Councilman Waller, second by Councilmen Shaw, to pass Ordinance No. 630 at its first reading by title only. MOTION WITHDRAWN. Page 4 M 7. 0 Beaumont City Council August 25, 1986 Motion by Councilman Waller, second by Councilman Shaw, to adopt Ordinance No. 630 on first reading by title only. There being no opposition, the motion carried unanimously. Motion by Councilman Waller, second by Councilman Shaw, to pass Ordinance No. 630 at its first reading. There being no opposition, the motion carried unanimously. PROPOSED 1986 -87 FISCAL YEAR BUDGET AND PROPOSED USE OF FEDERAL REVENUE SHARING ENTITLEMENT FUNDS. A report concerning the proposed 1986 -87 Fiscal Year Budget and the proposed use of Federal Revenue Sharing Entitlement Funds was pre- sented by the City Manager. The Public Hearing was opened at 10:05 P.M. There was no one wishing to speak regarding either the proposed use of the Federal Revenue Sharing Funds, or the proposed 1986 -87 Fiscal Year Budget. The Public Hearing was closed at 10:06 P.M. a. Consideration of Approval of Use of Revenue Sharing Entitle- ment Funds. Motion by Councilman Russo, second by Councilman Waller, to approve the use of Revenue Sharing Entitlement Funds to build a new police facility. There being no opposition, the motion carried unanimously. b. Consideration of Adoption of 1986 -87 Fiscal Year Budget. Motion by Councilman Russo, second by Councilman Waller, to adopt the final 1986 -87 Fiscal Year Budget, with a General Fund budget of $2,762,946, and a total budget for all funds of $4,651,167. AYES: Councilmen Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. Consideration of Final Claim for Damages Filed by Mrs. Corie Araiza. Motion by Councilman Waller, second by Councilman Shaw, to approve payment in the amount of $925.00 to Mrs. Corie Araiza as full and final payment for damages resulting from a sewer blockage in the City's main line. AYES: Councilmen Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. Consideration of Award of Bid for Palm Avenue Street Improvements. Motion by Councilman Waller, second by Councilman Russo, to award the bid for Palm Avenue Street Improvements to Matich Corporation, in the amounts quoted in the bid documents. AYES: Councilmen Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. Page 5 Beaumont City Council August 25, 1986 9. Consideration of Application Received to Fill Unexpired Term on Senior Center Advisory Commission. Motion by Councilman Shaw, second by Councilman Waller, to appoint Mrs. Evelyn Fenton to fill the unexpired term of Mrs. Stella Greenup on the Senior Center Advisory Commission, which term will expire January 12, 1987. There being no opposition, the motion carried unanimously. 10. (This agenda item was moved to the Consent Calendar on motion by Councilman Waller). 11. Consideration of Acceptance of Minutes of Regular Planning Commission Meeting of April 15, 1986. (Continued from July 28, 1986). Motion by Councilman Waller, second by Councilman Russo, to accept the minutes of the Regular Planning Commission Meeting of April 15, 1986. There being no opposition, the motion carried unanimously. 12. Request from Councilman Russo for Discussion Regarding the Possible Use of the City Swimming Pool for School District Use. It was the concensus of the City Council for Councilman Russo to pursue the possible use of the City swimming pool for School Dis- trict use. 13. CONSENT CALENDAR: a. Approval of Minutes of Adjourned Council Meeting of July 31, 1986 and Adjourned Council Meeting of August 6, 1986. b. Acceptance of Minutes of Regular Planning Commission Meeting of July 15, 1986 and August 5, 1986. c. Approval of Payment of Warrants as audited per Warrant List of August 25, 1986, in the amount of $157,906.30, and payrolls of July 24, 1986 and August 7, 1986, in the amounts of $40,636.27 and $39,987.35 respectively. d. Request for One Year Extension of Time for Tentative Tract Map No. 20337. e. Request for One Year Extension of Time for Tentative Tract Map No. 20011. Application: Roy Kulikov. f. RESOLUTION NO. 1986 -53 - Authorizing the Mayor to Execute the Freeway Maintenance Agreement with the Department of Transpor- tation. g. RESOLUTION NO. 1986 -51 - Approving Parcel Map No. 21136 and Authorizing Recordation Thereof. h. RESOLUTION NO. 1986 -52 - Setting Forth an Appropriations Limit for 1986 -87 Consistent with Article XIII B of the California Constitution and Giving Notice of Availability of Information Supporting Said Determination. i. Approving Claim for Article 4 Local Transportation Funds for Fiscal Year 1986 -87. j. RESOLUTION NO. 1986 -54 - Authorizing the Signing and Execution of an Amendment to the Memorandum of Understanding Between the City of Beaumont and Management and Administrative Employees as Individuals. Page 6 Beaumont City Council August 25, 1986 k. Consideration of Approval for City Attorney and Deputy City Attorney to Attend League of California Cities Annual Confer- ence in Los Angeles October 19 -22, 1986. 1. Designation of Voting Delegate for League of California Cities Annual Conference. m. Report of Action at Planning Commission Meetings of August 5 and August 19, 1986. Motion by Councilman Russo, second by Councilman Waller, to approve the Consent Calendar. AYES: Councilmen Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. 14. Consideration of Adoption of Negative Declaration 86- ND -12. Appli- cant: Louie Renna. Location: 704 E. Sixth Street. The staff report was presented by Ron Larson, Director of Community Development. There was lengthy discussion concerning this proposed project at the Council level. Motion by Councilman Russo, second by Councilman Waller, to adopt Negative Declaration 86- ND -12. There being no opposition, the motion carried unanimously. There being no further business to come before the Council, on motion by Councilman Waller the meeting was adjourned at 11:10 P.M. Respectfully submitted, uty City Clerk Page 7 BEAUMONT CITY COUNCIL MINUTES OF SEPTEMBER 8, 1986 The Beaumont City Council met in a regular meeting at 7:33 P.M., on Monday, September 8, 1986, in the City Council Chambers, with Mayor Partain presiding. On Roll Call the following Council Members were present: Shaw, Waller, Russo and Mayor Partain. The Invocation was given by Councilman Russo. The Pledge of Allegiance to the Flag was led by Councilman Waller. 1. ORAL COMMUNICATION: There were no requests to speak under oral communication. 2. TENTATIVE TRACT MAP 21830 - Applicant: Centennial Engineering, Inc. or Development Entity Ventures, Inc. Location: Orange Avenue (extended) approximately 600 feet south of Brookside Avenue. Pro- posed subdivision of 10 acres into 65 single family patio home lots. (86 -TM -3, 86- ND -9). Motion by Councilman Waller, second by Councilman Shaw, to postpone this agenda item until the next meeting of September 22, 1986. There being no opposition, the motion carried unanimously. 3. ORDINANCE NO. 630 - SECOND READING - Rezoning Certain Property from CRO, Commercial - Residential - Office to CG, General Commercial. Motion by Councilman Shaw, second by Councilman Waller, to adopt Ordinance No. 630 by reading of the title only. AYES: Councilmen Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. Motion by Councilman Shaw, second by Councilman Russo, to adopt Ordinance No. 630;at its second reading. The Ordinance was read by title only by the City Clerk. AYES: Councilmen Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. 4. Consideration of Award of Bid for Senior Center Renovation. Motion by Councilman Shaw, second by Councilman Russo, to award the bid for the Senior Center Renovation in the amount of $77,419.00. AYES: Councilmen Shaw, NOES: None. ABSTAIN: None. ABSENT: None. Waller, Russo and Mayor Partain. Motion by Councilman Shaw, second by Councilman Waller, to authorize $18,169.00 be taken from the City Hall Building Fund for the Senior Center Renovation project. AYES: Councilmen Shaw, NOES: None. ABSTAIN: None. ABSENT: None. Waller, Russo and Mayor Partain. Page 1 J Beaumont City Council September 8, 1986 Motion by Councilman Shaw, second by Councilman Waller, to amend the previous motion awarding the bid for the Senior Center Re- novation to include the name of the Contractor, which is J. D. White Construction, Inc. There being no opposition, the motion carried unanimously. 5. Proposal from Beaumont - Cherry Valley Recreation and Parks District for a Jointly Sponsored Winter Program Using City Facilities. Mr. Larry Gordon, 1284 Pennsylvania Avenue, addressed the Council stating his concerns relative to this proposal, a) whether or not the gymnasium is going to be remodeled to allow stage plays, etc. or under this proposal will be used as a gymnasium only; and b) that scheduling of the facility be closely watched so that no activities involving a lot of noise would be scheduled on the same nights as City Council and Planning Commission meetings. Mr. Anton Poppa, 16781 Glendale Street, Huntington Beach, addressed the Council asking them to consider the fact he is using the gym on Mondays and Fridays, from 3:00 until 6:00 p.m. for his gymnas- tics program, and this be considered in the proposed scheduling. Mr. Mark Lyons, 43235 Dunlap, Banning, representing the parents of students in Mr. Poppa's gymnastics class, pointed out it is very unusual for a City in an outlying area such as Beaumont to be able to have an instructor of Mr. Poppa's skills and qualifications, and if they were to lose the use of the facility, they would probably lose Mr. Poppa as an instructor as well. He said several of the students are progressing very well, and may even be entered in State wide competition later in the year, and it would be unfair to stop them at this time. Councilman Waller indicated there were still questions regarding this proposal, and he offered to serve as a committe of one to work with Brien. Ross, Director of the Recreation and Parks District, to try to come up with something much more definite. This proposal would then be presented to the Council at a point in time when there would be enough time to review it and make their decisions with much more confidence. He would like to see it in by January 1, 1987. It was the concensus of the Council to appoint Councilman Waller as a committee of one to continue working with the Recreation and Parks District, and with the City Manager and staff. The questions raised in study session should be answered and addressed, and the matter returned to the City Council when this has been accomplished. 6. CONSENT CALENDAR: a. Approval of Minutes of Regular Council Meeting of August 25, 1986. b. Acceptance of Minutes of Regular Planning Commission Meeting of August 19, 1986. C. Approval of Payment of Warrants as audited per Warrant List of September 8, 1986, in the amount of $155,886.81; and Payroll of August 21, 1986, in the amount of $40,419.44. d. RESOLUTION NO. 1986 -56 - Approving Parcel Map 18383 and Authorizing Recordation Thereof. Applicant: Thaddaus Schoelberl. Location: SE Corner Pennsylvania and 13th Street. e. RESOLUTION NO. 1986 -57 - Establishing Service Authority for Freeway Emergencies (SAFE) and Designating Riverside County Transportation Commission as SAFE. f. Approving Claim for Article 8 Streets and Highways Funds for Fiscal Year 1986 -87. Page 2 Beaur. t City Council September 8, 1986 g. Authorizing the City Manager to Execute the Agreement for Older American Funds, Senior Community Service Employment Program (Title V). h. Report of Action by Planning Commission at their Regular Meeting of September 2, 1986. Motion by Councilman Russo, second by Councilman Shaw, to adopt the Consent Calendar. AYES: Councilmen Shaw, NOES: None. ABSTAIN: None. ABSENT: None. Waller, Russo and Mayor Partain. 7. The meeting was recessed to closed session pursuant to Government Code Section 54957 to consider Personnel matters at 8:00 P.M. The meeting was reconvened to regular session at 8:21 P.M. Let the record show there was comment and discussion regarding personnel matters, and direction was given to the City Manager regarding those discussions. There being no further business to come before the Council, on motion by Councilman Russo, second by Councilman Waller, the meeting was adjourned at 8:23 P.M. Respectfully submitted, Page 3 BEAUMONT CITY COUNCIL MINUTES OF SEPTEMBER 22, 1986 The Beaumont City Council met in a regular meeting at 7:30 P.M., on Monday, September 22, 1986, in the City Council Chambers, with Mayor Partain pre- siding. The Invocation was given by Council Member Russo. The Pledge of Allegiance to the Flag was led by Deputy City Attorney W. 0. Robinson. 1. RESOLUTION NO. 1986 -58 - Reciting the Fact of the Special Municipal Election Held in Said City on September 16, 1986, Declaring the Result Thereof and Such Other Matters as are Provided by Law. The Resolution was read in its entirety by the City Clerk. Motion by Council Member Russo, second by Council Member Waller, to adopt Resolution No. 1986 -58. AYES: Council Member Shaw, NOES: None. ABSTAIN: None. ABSENT: None. Waller, Russo and Mayor Partain. 2. Presentation of Certificate of Election and Installation of Newly Elected Official. The City Clerk presented the Certificate of Election and administered the Oath of Office prescribed by the State Constitution of the State of California to Mrs. Ann Connors. 3. On Roll Call the following Council Members were present: Connors, Shaw, Waller, Russo and Partain. Mayor Partain turned the meeting over to the City Clerk for the re- organization of the Council. 4. Reorganization of Council. Nominations for Mayor were opened by the City Clerk. Council Member Waller nominated Jim Partain for Mayor, with a second to the nomination by Council lVember Shaw. There being no other nominations, the nominations were declared closed. A vote was taken on the nomination of Jim Partain for Mayor: AYES: Council Member Connors, Shaw, Waller, Russo and Partain. NOES: None. ABSTAIN: None. ABSENT: None. Jim Partain was elected Mayor by unanimous vote. The Clerk then opened nominations for Mayor Pro Tem. Council Member Shaw nominated Marshal Waller to serve as Mayor Pro Tem, with a second to the nomination by Council Member Russo. There being no other nominations, the nominations were declared closed. A vote was taken on the nomination of Marshal Waller for Mayor Pro Tem: AYES: Council Member Connors, Shaw, Waller, Russo and Partain. NOES: None. ABSTAIN: None. ABSENT: None. Page 1 Beaumont City Council September 22, 1986 Marshal Waller was elected Mayor Pro Tem by unanimous vote. The reorganization having been completed, Mayor Partain resumed the Chair and presided over the meeting. Adjustment to Agenda: Motion by Council Member Waller, second by Council Member Russo, to add Resolution No. 1986 -59 to the agenda as Item No. 14. AYES: Council Member Connors, Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. 5. ORAL COMMUNICATION: a. Mr. Henry P. Wiederholdt relative to driving conditions on Beaumont Avenue. Mr. Wiederholdt addressed the Council, reading from a letter which is a matter of record in the Clerk's file. 6. APPEAL of Planning Commission Approval of Plot Plan 86- PP -12. A proposed two story, ten unit motel on the east side of the existing restaurant at 704 E. 6th Street. Applicant: Louie Renna. Appeal filed by Council Member Marshal Waller. The Public Hearing was opened at 7:47 P.M. There were no opponents or proponents wishing to speak regarding the appeal of this plot plan. The Public Hearing was closed at 7:48 P.M. Council Member Waller stated that since the building plan and the elevation plan have not been prepared as yet, and the Council would have the opportunity to review these later, he would withdraw his appeal and move to approve the plot plan. It was clarified for Council Member Connors, that if the plot plan is approved tonight, when the building plan is submitted to the Planning Commission, it could then be appealed to the Council after Planning Commission action if so desired. Mr. Don Christante, representing the applicant, Mr. Renna, answered several questions from the Council regarding the design and place- ment of the proposed motel on the property, and the fact that motels are permitted in the General Commercial zone. a. Consideration of Approval of Plot Plan 86- PP -12. Motion by Council Member Waller, second by Council Member Shaw, to approve Plot Plan 86- PP -12. AYES: Council Member Connors, Shaw, Waller and Mayor Partain. NOES: Council Member Russo. ABSTAIN: None. ABSENT: None. 7. TENTATIVE PARCEL MAP 21926 - Applicant: Cougar Mountain Partnership. Location: 1145 feet west of Cherry Avenue on the south side of Cou- gar Way. Proposed division of a 15 acre property into two lots of approximately 7.5 acres each. (86- PM -4). The Public Hearing was opened at 7:57 P.M. There were no opponents or proponents wishing to speak regarding this tentative parcel map. Page 2 Beaumont City Council September 22, 1986 The Public Hearing was closed at 7:58 P.M. Motion by Council Member Waller, second by Council Member Shaw, to approve Tentative Parcel Map 21926. AYES: Council Member Connors, Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. 8. TENTATIVE TRACT MAP 21830 - Applicant: Centennial Engineering, Inc. for Development Entity Ventures, Inc. Location: Orange Avenue (extended) approximately 600 feet south of Brookside Avenue. Pro- posed subdivision of 10 acres into 65 single family patio home lots. (86 -TM -3, 86- ND -9). (Continued from September 8, 1986). Motion by Council Member Shaw, second by Council Member Waller, to continue this agenda item until the regular meeting of October 13, 1986. AYES: Council Member Connors, Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. 9. Consideration of Claim for Damages Filed by Mrs. Pam Towers. Motion by Council Member Russo, second by Council Member Connors, to deny the claim filed by Mrs. Pam Towers. AYES: Council Member Connors, Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. 10. Consideration of Claim for Damages Filed by Robert A. Gellis. Motion by Council Member Russo, second by Council Member Connors, to reject the claim of Robert A. Gellis, and direct the City Clerk to mail Notice of Rejection to the claimant. AYES: Council Member Connors, Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. 11. Consideration of Request to Rent City Gymnasium for Public Dance. Motion by Council Member Shaw to approve the request died for lack of a second. Motion by Council Member Russo, second by Council Member Connors, to deny the request to rent the City gymnasium for a public dance. AYES: Council Member Connors and Russo. NOES: Council Member Waller and Mayor Partain. ABSTAIN: Council Member Shaw. ABSENT: None. MOTION FAILED. Rosiland Rose, 655 E. Williams, Banning, President of Black Tie Entertainment, came forward at this point and answered numerous questions from the Council. During this discussion it was brought out that the age group would be 18 and over, rather than the 14 -18 as shown on the application; that Black Tie Entertainment is a private club comprised of aspiring entertainers, and they wished Page 3 Beaumont City Council September 22, 1986 to hold this dance to raise funds for the equipment and costumes necessary for auditioning. After lengthy discussion, it was determined the Council felt there should be additional requirements for a request of this type, among which were references which could be checked by staff, insurance to cover liability and that no private bouncers would be used in conjunction with security guards. It was also pointed out that different age groups would require different security arrangements. Motion by Council Member Waller, second by Council Member Russo, to deny the request of Black Tie Entertainment for the specific date of October 10. AYES: Council Member Connors, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: Council Member Shaw. ABSENT: None. 12. Presentation of Petition Requesting the Sunset Plaza Guest Home Not be Allowed to Open and Operate. Location: 210 W. 6th Street. Ms. Patti Soames, 622 Egan, addressed the Council, expressing the concern of neighboring residents if Sunset Plaza Guest Home is allowed to operate again, which resulted in the petition being circulated and presented to the City Council. She then enumerated the problems the residents have experienced in the past, and the fact the residents feel the type of business which Mrs. Gerwin pro- poses to operate again should be located somewhere else, for the safety of their children, the seniors living in the area, and for health reasons. Mrs. Bonnie Gerwin, owner of Sunset Plaza Guest Home, addressed the Council, stating she had sold the property in 1979, and the problems occurred while this owner had control. She has now had to take the guest home back, with the back taxes, back sewer bills, etc. She expressed the wish that the petitioners had been more concerned, and the City more concerned, when it was happening. She stated she has not asked to open the hotel, and she does not know what she is going to do with it. She would prefer to sell it, but if she is unable to do so she will run it, pointing out the need for homes for dependent people. The City Manager stated that at this time no request has been made of the City for any type of use of the building. No application has been made for either a change of use or to use it as it was used in the past. Let the record show, the Council acknowledged receipt of the petition regarding Sunset Plaza Guest Home. 13. CONSENT CALENDAR: a. Approval of Minutes of Regular Council Meeting of September 8, 1986. b. Approval of Payment of Warrants as Audited per Warrant List of September 22, 1986, in the amount of $45,780.90; and Payroll of September 4, 1986, in the amount of $41,936.46. C. Authorization for Mayor to Execute Contract for the Automated Fingerprint Identification System, California Identification System (C.A.L. ID RAN). Motion by Council Member Russo, second by Council Member Shaw, to approve the Consent Calendar. There being no opposition, the motion carried unanimously. Page 4 Beaumont City Council September 22, 1986 14. RESOLUTION NO. 1986 -59 - Proclaiming October 27- November 3, 1986, as "California Red Ribbon Week" in the City of Beaumont; and Supporting a Coordination of Effort to Deal with Drug Problems in the Pass Area. The Resolution was read in its entirety by the City Clerk. Motion by Council Member Russo, second by Council Member Shaw, to adopt Resolution No. 1986 -59. There being no opposition, the motion carried unanimously. There being no further business to come before the Council, on motion by Council Member Russo, second by Council Member Shaw, the meeting was adjourned at 8:52 P.M. Respectfully submitted, ILI"I City Cle 7f /AF _ Page 5 BEAUMONT CITY COUNCIL MINUTES OF OCTOBER 13, 1986 The Beaumont City Council met in a regular meet October 13, 1986, in the City Council Chambers, On Roll Call the following Council Members were Waller, Russo and Mayor Partain. The Invocation was given by City Manager Robert The Pledge of Allegiance to the Flag was led by 1. ORAL COMMUNICATION: ing at 7:35 P.M., on Monday, with Mayor Partain presiding. present: Connors, Shaw, Bounds. Council Member Connors. There were no requests to speak during oral communication. 2. PUBLIC HEARING - 7:30 P.M. - Application to Operate a Taxi Service. Public Hearing Opened at 7:37 P.M. Ms. Dorothy Boulion: I am the Manager for Beaumont Taxi. Mr. Scrotsky could not be here tonight because he is detained by other business matters. Mayor Partain: Do you wish to say anything concerning the application? Ms. Boulion: We do need the taxi company here in Beaumont, because even though we do have a bus service, on the weekends it does not run, and you cannot get a bus after 4:00 in the afternoon, or before 7:00 in the morning. The people that are working days do not get off work until after these times. So it is a valuable service to our community. Mayor Partain: Anyone else that wishes to speak for -- any proponents for the applicant. Anyone here wishes to speak opposed to it. Any opposition to it. Anyone wishing to speak against it. Okay, if there is no one else who wishes to speak, we will close the public hearing. The Public Hearing was closed at 7:39 P.M. The City Manager presented his report to the Council concerning the sale of the taxi service to Mr. Scrotsky and the subsequent applica- tion for a permit to operate the service, and giving information concerning existing insurance. a. Consideration of Issuance of Permit to Jerry J. Scrotsky to Operate a Taxi Service in the City of Beaumont. Motion by Council Member Shaw, second by Council Member Waller, to issue a permit to Mr. Jerry J. Scrotsky to operate a taxi service in the City of Beaumont. AYES: Council Member Connors, Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. 3. TENTATIVE TRACT MAP 21830 - Applicant: Centennial Engineering, Inc. for Development Entity Ventures, Inc. Location: Orange Avenue (extended) approximately 600 feet south of Brookside Avenue. Pro- posed subdivision of 10 acres into 65 single family patio home lots. (86 -TM -3, 86 -ND -9) (Continued from September 22, 1986). Page 1 _- -amont City Council October 13, 1986 Motion by Council Member Shaw, second by Council Member Russo, to continue this agenda item to the October 27, 1986 meeting. There being no opposition, the motion carried unanimously. 4. a. Report of Findings by City Manager and City Attorney Relative to Garbage and Rubbish Collection in the Valley Mobile Home Park. Mr. Alan Hacker, representing the Valley Mobile Homeowners and Renters Association, addressed the Council, calling their atten- tion to the letter from the Riverside County Health Department, and urging them to continue the arrangement with the centralized trash pick -up within the Valley Mobile Home Park. The City Manager presented his report and recommendations. This report is a matter of record in the Clerk's file. b. Request from Valley Mobile Home Park for Indefinite Postponement of Resolution Implementing Recommendation of the City Manager Relative to Garbage and Rubbish Collection in the Valley Mobile Home Park. The City Manager referred to the letter from Valley Mobile Home Park requesting an indefinite postponement of the resolution implementing the recommendation of the City Manager, stating he felt the residents had waited long enough for a resolution of the type of garbage and rubbish collection which will be used in the park, and that he did not feel a postponement was necessary. Mr. Bounds further stated it was now up to the Council to determine if Resolution 1978 -43 is to remain in force, or if they would like to amend that Resolution to make the determination themselves as to what type of trash pick up will be required. It was the concensus of the Council that Resolution 1978 -43 should remain in force as it is. The City Manager then announced that his determination would be the only reasonable way to pick up the trash, garbage and rubbish in the mobile home park itself, would be with the commercial steel trash bins that are presently being used. 5. Consider Amending Letter of Agreement Between City of Beaumont and D & S Towing (Richard Harpster). Motion by Council Member Shaw, second by Council Member Connors, to authorize the Mayor to execute the amendment to the Letter of Agree- ment dated July 22, 1985. There being no opposition, the motion carried unanimously. 6. Request for Consideration of Vacation of a Portion of 4th Street and Walnut Avenue Submitted by Mr. Joe Scott. Motion by Council Member Waller, second by Council Member Shaw, to authorize the City Manager to proceed with the proposed vacation of a portion of 4th Street and Walnut Avenue. There being no opposition, the motion carried unanimously. 7. Request for Funds for Red Ribbon Campaign from the Pass Area Drug Abuse Council. Motion by Council Member Connors, second by Council Member Waller, to grant the $600.00 request to the Pass Area Drug Abuse Council from Account 1450 -4096, General Government - Community Promotion. AYES: Council Member Connors, Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. Page 2 -- -amont City Council October 13, 1986 8. RESOLUTION NO. 1986 -61 - In Opposition of the Gann Public Salary Limitation Initiative(Proposition 61). Motion by Council Member Waller, second by Council Member Russo to adopt Resolution No. 1986 -61. AYES: Council Member Connors, Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. 9. Request from Police Department for Review of a Business License. Motion by Council Member Russo, second by Council Member Shaw, to delete Agenda Item No. 9 from the agenda. There being no opposition, the motion carried unanimously. 10. ORDINANCE NO. 631 - FIRST READING - Amending Title 16 of the Beaumont Municipal Code to Provide for the Establishment of Bridge and Major Thoroughfare Construction Fees. Motion by Council Member Russo, second by Council Member Connors, to pass Ordinance No. 631 by reading of the title only. AYES: Council Member Connors, Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. The Ordinance was read by title only by the City Clerk. Motion by Council Member Russo, second by Council Member Waller, to pass Ordinance No. 631 at its first reading, by reading of the title only. AYES: Council Member Connors, Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. Motion by Council Member Waller, second by Council Member Russo, to remove Item No. ll.d from the Consent Calendar, to be considered separately as Item No. 12. There being no opposition, the motion carried unanimously. 11. CONSENT CALENDAR: a. Approval of Minutes of Regular City Council Meeting of September 22, 1986. b. Approval of Payment of Warrants as Audited per Warrant List of October 13, 1986, in the amount of $124,324.69; and Payrolls of September 18, 1986 and October 2, 1986, in the amounts of $38,303.99 and $37,578.28 respectively. C. RESOLUTION NO. 1986 -62 - Approving Title III -B Agreement Between County of Riverside and City of Beaumont. Motion by Council Member Russo, second by Council Member Shaw, to adopt Consent Calendar Items No. "a ", "b" and "c ". AYES: Council Member Connors, Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. Page 3 mont City Council October 13, 1986 12. Consideration of Adoption of Negative Declaration 86- ND -14. Applicant: Roy G. Palmer. Location: 1145 feet West of Cherry Avenue on the south side of Cougar Way. Plot Plan proposes to develop 274 apartment units on property. Speaking in opposition to adoption of Negative Declaration 86- ND -14, due to a direct impact on the school district, were: Mr. John Thornsley, Assistant Superintendent of Schools, Beaumont Unified School District. Mr. Ron Partain, President, Board of Trustees, Beaumont Unified School District. Mr. Roger Berg, 1164 Euclid, Beaumont, speaking not only in regard to impact on the school district, but impact on the sewer plant. Speaking as neither an opponent or proponent, Ms. Patti Burton, 1055 E. 6th Street, called the Council's attention to the fact there is another project to the west of this proposed project with 191 units, which has already been approved by the Planning Commission, which proposed the extension of Orange Avenue along the eastern boundary of the future mobile home park. If this extension was approved, as the previous applicant said it was, it would take 69 feet off the western end of this project, and the Planning Commission was not aware of this at the time of their approval. Ron Larson, Director of Community Development, presented his report to the Council, giving the Council their alternatives relative to this Negative Declaration, as follows: a. Defer the decision on the Negative Declaration and appeal the Plot Plan to the City Council and work with the School District and developer to arrive at something amiable as far as mitigation is concerned; b. To deny the Negative Declaration and appeal the Plot Plan to the City Council and possibly require an environmental impact report; C. To approve the Negative Declaration as recommended by the Planning Commission. Mr. Larson answered a number of questions from the City Council re- lating to the procedure used to arrive at a recommendation for adoption of a Negative Declaration. The Council then received input from the City Manager and City Attorney concerning their alternatives based on their findings. Motion by Council Member Waller, second by Council Member Connors, that based upon findings presented on behalf of the Beaumont Unified School District, the Council makes a determination there is a signi- ficant impact on the schools, but defers action on the Negative Declaration to give the school district and developer time to mitigate that impact, with a report back at the City Council meeting of Novem- ber 10, 1986; and to refund the $50.00 fee paid by the School District. AYES: Council Member Connors, Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. There being no further business to come before the Council, on motion by Council Member Russo, second by Council Member Shaw, the meeting was adjourned at 9:15 P.M. Respectfully submitted, Q4.oaa& C y Cl r CORRECTIONS TO BEAUMONT CITY COUNCIL MINUTES OF OCTOBER 27, 1986 Council Member Waller requested the following corrections be made to the minutes of October 27. 1986. 1. On Page 4, Paragraph 14, the name of Anton Bauer, 620 Donna Drive, should be shown as the speaker. 2. On Page 5, include the following verbatim transcript as Paragraph No. 2. Council Member Waller: I hear the word interpretation come through quite a bit. Now, I am just trying to figure out who actually does make the interpretation. Should it be the deve- loper. Should it be staff. Should it be us. Should it be the Commission. I have checked on - like Page 19, which is 17.12.130, and it is "Clarification of Ambiguity or Omission. . . . . .it shall be the duty of the Commission to ascertain all pertinent facts and by resolution of record set forth its findings and its interpretation, and such resolution of record shall be forwarded to the city council and if approved by the city council, thereafter such interpretations shall govern." Now, can you tell me exactly what that means. Ron Larson: That means that the code, as taken at its face value, if the Planning Commission has a problem with any por- tion of interpretation, they should place it on a Planning Commission agenda, and with a roll call vote, adopt a resolu- tion and recommend it to the City Council, and the determination, if approved by City Council, would be the ruling interpretation. Council Member Waller: Then, following it is "Conflicting Regulations" (17.12.135). "If any section of this Ordinance is in conflict with any other section thereof, or any other City Ordinance, then the more stringent requirements shall apply." BEAUMONT CITY COUNCIL MINUTES OF OCTOBER 27, 1986 The Beaumont City Council met in a regular meeting at 7:30 P.M., on Monday, October 27, 1.986, in the City Council Chambers, with Mayor Partain presiding. On Roll Call the following Council Members were present: Connors, Shaw, Waller, Russo and Mayor Partain. The Invocation was given by Council Member Russo. The Pledge of Allegiance to the Flag was led by Commander Richard Hanna, VFW Post 4417. Prior to proceeding with the agenda, Mayor Partain announced that Items No. 3 and 5 would be postponed until November 10, 1986, and requested a motion to that effect. Motion by Council Member Shaw, second by Council Member Waller, to continue Agenda Items No. 3 and 5 until the meeting of November 10, 1986. There being no opposition, the motion carried unanimously. 1. ORAL COMMUNICATION: There were no requests to speak during Oral Communication. 2. PUBLIC HEARING - 7:30 P.M. - APPEAL'of Planning Commission Denial of Plot Plan 86- PP -13. Applicant: Livingston Enterprises. Loca- tion: 202 E. 10th Street. A proposed four -plex apartment complex. The Public Hearing was opened at 7:34 P.M. Mr. James N. Davis, 2606 E. Washington, Escondido, Ca., speaking as a proponent of the appeal: I am speaking on behalf of the appeal from the denial of the plot plan permit on behalf of Livingston Enterprises. Basically, it is our posi- tion, as stated in our notice of appeal, that the denial was based on a misinterpretation, or an incorrect or inaccurate interpretation, of the Code of the City of Beaumont in the specific respects. I would like to clarify that I have not seen in writing the basis for the denial, but I believe I understood the basis accurately on the second presentation. Again, we have made this presentation twice. The second presentation, which was modified somewhat from the first one, did not require a variance, and my understanding is that the denial was based on the determination by the Planning Commission that the project did not have the required minimum - and I said green area, that is not correct, it is open space required by the Code - for the specific reason that parking and sidewalk area could not be legitimately in- cluded in the computation of that 25% minimum requirement. Secondly, that the dimensions of the lot, it is a 60 foot lot, were not sufficient to allow sufficient parking space with the required planters of three foot each on each side; and thirdly, that there was not adequate screen- ing of the adjoining properties from the glare of automobile headlights, as I understood it, on the occasion when tenants would pull into the parking spaces. If you are looking at the plot plan, you will see there is parking in the front, some of which is parallel to the street, some of which is perpendicular to the street. My understanding was that there was a concern by a member of the Commission that, in a situation at night when tenants were pulling in, the adjoining tenants would be disturbed by the glare of the headlights. I am not aware of any provisions of the code of the City of Beaumont that makes that a legal basis for denial of the application. I am further of the opinion that the minimum Page 1 Be- -nont City Council Oc-u -oer 27, 1986 lot - rather the minimum dimensions of the parking spaces on Item 2, are 9 x 20 feet, and if you will look at the drawing, I think you will see that even with the three foot planters along the sides, which, arguably, are not even required in this case, there is sufficient space. There was some discussion about whether or not vertical supports could be excluded from the parking widths. That is, the plan shows, I believe, four 6" x 6" vertical supports for the covering of the carport, and the argument was stated by a member of the Commission that in his or her opinion, I don't recall which, the 6" x 4, or two feet, would have to be excluded from the parking space width, and therefore, the minimum nine foot could not be established along with a three foot setback. And, finally, the argument, or position, was taken by the Commission that the 17.20.310.10 of the City Code, in requiring a minimum 25% open area, could not be computed to include any paved or parking spaces, and our position is that either way you figure it - No. 1, that is not a correct interpretation of that provision, in fact, it doesn't make any reference about paved or unpaved or green or landscaped areas - but rather, even if it did, we would still have the 25% minimum requirement. Finally, I missed this on the second item, on the parking space widths, as a matter of argument, it is our position that if you required all of the supporting structure of any parking space to be excluded from the calculation or computation of the width required, that would mean that anytime you had a two car garage that had any vertical support so the opening were less than the full width of the parking space, that you wouldn't have an adequate amount of room, and I don't think it is a logi- cal interpretation. In other words, let's say you had four parking spaces inside a garage, that would require a minimum of 36 foot width, the interpretation placed upon this requirement by the Planning Commission would require that you had a garage opening of 36 foot, and I don't think that is a logical interpretation. Our position is that you don't have to include that vertical structure. In any event, it is our position that these objections would be more properly addressed by a requirement for some variation of the plan, or an inclusion of whatever deviation or variation - for example, on the headlight glare, it would be more reasonable, in our opinion, to require that the vegeta- tion on the side include a hedge or something that would screen the headlights, rather than simply denying the application. This was the second time around that we presented this to the Commission. The first time we required a variance. This was based on a request from the City Building Department that we increase the size of the units by some 25 square feet to get a 650 foot per unit minimum, which we did, and it required a two foot offset from the front setback. We had to request a variance for that and it was denied, so we went back and redesigned it, in our opinion, in a less desirably, aesthetic design, and that was denied as well. The concern was voiced by the Commission that the lot was overbuilt. Our position is that when we purchase property, the design was within the requirements for a multi - family dwelling, and we met those requirements, and the plan should be approved. If the Commission wishes to change the requirements of the percentage of built space on lots, then our view is that it would be more appropriate and equitable to let us know up front rather than trying to make demands upon the design that make it effectively impossible to utilize the property as it was zoned. Are there any questions? Council Member Russo: You mention that when you purchased the property, there was already a plan someone approved? Mr. Davis: No sir. The scenario was that the zoning was in place. The zoning was multi - family. We looked at the zoning requirements, we purchased the property, went to the City Building Department, present- ed a proposed plan, certain discussions took place, one of which the result was the Department suggested we increase the units by 25 sq.ft. each. We did, went to the Commission and requested the variance - and I should add the initial site work was undertaken before the request for the Plot Plan was made, out of ignorance on our part. In any event, the request was made - denied - a month later we came back with a different design that did not require a variance. It also was denied. Page 2 Beaumont City Council October 27, 1986 Council Member Russo: The point I am trying to clarify. Did you meet with anyone in the City prior to purchasing the property with a plan of any kind. Mr. Davis: No sir. Not to my knowledge. Council Member Russo: The only thing you clarified was that it was zoned for multi - family. Mr. Davis: That is correct. Council Member Waller: I am looking at the roof and carport plan, and there are two. . . Mayor Partain: Excuse me Councilman Waller, there were two of them. Which one are you looking at, the modified or the -- they state on the back. Council Member Waller: The modified. Now there are only two car spaces that I am of concern with, and that is the car spaces where there is a trash bin and a block wall, if I am not mistaken, in front of it. Therefore, that would cut down the required 9 x 20, would it not. Mr. Davis: If those trash enclosures intrude on that 9 x 20, I don't recall they did, if they did it was inadvertent. They can be placed almost anywhere in that green area. They can be placed in the back or on the sides. My recollection is, if you scale this from the south end of the trash enclosure to the indicated car spaces, is 20 feet. City Manager: I believe the 20 feet goes to the sidewalk. I am sure if you look at the carport elevation at the bottom it extends past the post back there. Mayor Partain: And if you look at your layout of the carport, it shows that centerline to centerline on those posts is 12 inches - or 12 foot, then with the 4 foot overhang. From one post the trash compactor lines up with one post - that only gives you 16 feet. Not 20. Mr. Davis: Okay, in that case, they either should have been extended or placed in the rear. I concede, they are supposed to be 20 feet long. On the other hand, as I said before, if that is a concern, we can easily make that a condition - a variation from the plan. Mayor Partain: Go ahead, Councilman Waller. Council Member Waller: I am not sure - yes I am. Our Title 17, there is no real provision in there that states that front yards, or the front of the property, should look like the front of the property. I prefer, myself, to have the parking behind. I understand that you changed it around to accommodate another situation. It seems like Orange County, with parking places in front. You know, we are not podunk City out here, but again, you know, we know aesthetically what looks nice, and I don't like having parking - I don't know, it just seems a little unusual for this area. Mr. Davis: Well, Mr. Waller, if I may respond to that. No. 1, I agree with you. As I said I think this design is less desirable then the first one we presented. It was only presented because it does not re- quire a variance, whereas, the first design is only 23 foot setback in front, the second one is not. And there is nothing in the code, that we found, that prohibits it, and we have seen evidence of this type of design, perhaps from a previous Code, or before the Code was modified, in the area. On the other hand, we are in a position where the property was purchased under an interpretation of the Code for a particular use and utilization. And after presentation and coordination with the City Planning Department, it was not approved, and so our options were limited at that point. Aesthetically, I agree with you. I would rather see it in the back, then the front. And by the way, I might add, that a condition of the initial design was that the alley would be paved, Page 3 Beaumont .City,Council October 27, 1986 which would be, perhaps, aesthetically, and certainly functionally, more desirable for the City and additional cost to us. In the modi- fied design, that is not required, so you still have a dirt road there. Or alley. Mayor Partain: Do we have any further questions at this time. Council Member Waller: According to your statement, when it comes to the multiple family dwelling, you have seen nothing that mentions that there be any certain percentage of open space. Mr. Davis: Oh yes. My interpretation of 17.20.310.10 is that there must be 259 of the building lot that is open space. If you compute the percentage of the building coverage to the total building lot, you will find it is actually less than 75%. The issue that I think was considered by the Commission was, is it proper to exclude paved and parking area from the open space. My reading of the requirement is pretty clear. It is building on top of the building site, and it doesn't make any reference to green areas or landscaped areas or open space. And that is our argument in that regard. Council Member Waller: That is your interpretation. Mayor Partain: Do you have any further questions to be directed to Mr. Davis at this time. Council Member Waller: I guess Mr. Ryskamp will go next. Mayor Partain: Anybody else at this time who would like to speak on behalf of the appeal. Any proponents of the appeal. How about opponents, anybody who wishes to speak against. Gudrun Potz, 1014 Edgar Avenue, speaking neither as a proponent or op- ponent: We are the immediate neighbors next to the lot. I just have one question. Are the trash containers right there in front? Because the playground for the children would be right next to it, and I don't think it is very sanitary to have the trash containers right next to it. (Ms. Potz has Fairyland Nursery School on her property). Council Member Waller: No, they are not. They are off the street right next to the building itself. As you said, at least one of my children go to your nursery. Do you see where there is any possible impact that we should be aware of. Ms. Potz: I just don't know how close they are going to be to our property line. If that is any. . the trash is right on the side right next to the playground area, and I don't think it is sanitary. If it is on the other side, I don't care, but if it is right next to the playground, I don't think it is very sanitary. Mayor Partain: Does anybody else have any questions of Mrs. Potz. Tony (no last name or address given), speaking neither as a proponent or opponent: I just wanted to know how many handicapped parking spaces we have here. Is it required to have handicapped spaces. Ron Larson: No, only if there are ten or more units. Mayor Partain: Anyone else in the audience who would like to speak at this time. The Public Hearing was closed at 7:55 P.M. At this point, the Council received a staff report presented by Ron Larson, Director of Community Development, concerning this project. Page 4 Beaumont City Council October 27, 1986 At the conclusion of his report, Mr. Larson answered questions from the Council. Consideration of Approval of Plot Plan 86- PP -13, Subject to Condi- tions of Approval. Motion by Council Member Russo, second by Council Member Connors, to deny the appeal. AYES: Council Member Connors, Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. 3. TENTATIVE TRACT MAP 21830 - Applicant: Centennial Engineering, Inc. for Development Entity Ventures, Inc. Location: Orange Avenue (extended) approximately 600 feet south of Brookside Avenue. Pro- posed subdivision of 10 acres into 65 single family patio home lots. (86 -TM -3, 86- ND -9). (Continued from October 13, 1986). Continued to November 10, 1986. 4. ORDINANCE NO. 631 - SECOND READING - Amending Title 16 of the Beaumont Municipal Code to Provide for the Establishment of Bridge and Major Thoroughfare Construction Fees. Motion by Council Member Russo, second by Council Member Waller, to read Ordinance No. 631 by title only. AYES: Council Member Connors, Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. The Ordinance was read by title only by the City Clerk. Motion by Council Member Russo, second by Council Member Shaw, to adopt Ordinance No. 631 at its second reading, by reading of the title only. AYES: Council Member Connors, Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. 5. RESOLUTION NO. 1986 -63 - Resolution of Intention to Order Abandonment of a Portion of 4th Street and Walnut Avenue. Continued to November 10, 1986. 6. Receive Petition from Mr. Henry Wiederholdt Regarding Speed Limit on Beaumont Avenue. Mr. Henry Wiederholdt addressed the Council relative to the petition he presented asking that the speed limit be reduced. Sgt. John Funston, Acting Chief of Police, addressed the Council, giving background information concerning the establishment of the 45 mile per hour speed limit, which included an extensive survey of the average speed. Sgt. Funston then enumerated all accidents which have occurred in the area since January of 1986, none of which could be attributed to ex- cessive speed. Page 5 Beaumont City Council October 27., 1986 Sgt. Funston pointed out that if the speed limit is reduced, the City would be unable to use radar on Beaumont Avenue. By using the radar, they have been able to enforce the speed limit more stringently, and as a result traffic is slowing down. Cpl. Bill Frazer, Traffic Supervisor for the City of Beaumont, answered a auestion from Council Member Connors, that CalTrans would not get involved with City speed limits, and one of the problems in this area is the 55 mile per hour speed limit in the County area coming south on Beaumont Avenue to 14th Street. If the City reduced the speed to 35 miles per hour from 14th Street on into the City, it could be consi- dered a speed trap, which is prohibited by the California Vehicle Code. Cpl. Frazer advised that after receiving the complaint, he surveyed 200 cars per section of Beaumont Avenue, and within a two hour period, he found only one person exceeding 50 miles per hour. Cpl. Frazer then outlined the many problems they would encounter in enforcing the speed limit, and having citations stand up in Court, should the speed limit be reduced. It was determined there was no action to be taken on this agenda item. 7. Authorization for Mayor to Execute Reimbursement Agreement Between the City of Beaumont and Presley of Southern California Relative to Forma- tion of Bridge and Thoroughfare District. Motion by Council Member Waller, second by Council Member Shaw, to authorize the Mayor to execute the Reimbursement Agreement between the City of Beaumont and Presley of Southern California. There being no opposition, the motion carried unanimously. 8. Consideration of Setting Format and Date for City Council Retreat to Discuss Goals and Priorities. (Request Made by Mayor Partain). The date of November 22, 1986, was.set for a study session to discuss the goals, priorities, and other related topics for the City of Beaumont. The study session will convene at 7:00 a.m., in the Council Chambers, 550 E. 6th Street, adjourning for lunch at 12 Noon, and re- convening at 1:30 P.M. Mr. Ross Nammar, City Manager of San Jacinto, will serve as the facilitator, and a secretary will be present to take notes. All members of the Council were asked to submit their input and suggestions for the agenda to the City Manager no later than the next Council Meeting on November 10, so these may be given to Mr. Nammar to develop the agenda. 9. CONSENT CALENDAR: a. Approval of Minutes of Regular City Council Meeting of October 13, 1986. b. Acceptance of Minutes of Regular Planning Commission Meetings of September 2, 1986 and October 7, 1986. c. Approval of Payment of Warrants as Audited per Warrant List of October 27, 1986, in the amount of $12,784.58; Payroll of Octo- ber 16, 1986, in the amount of $38,427.53; and Special Payroll of October 17, 1986, in the amount of $383.97. d. Authorization to Join County of Riverside Request for Bids for Twelve Passenger Dial -A -Ride Bus. e. Authorize Capital Expenditure Increase of $41.40 in City Manager's Account No. 1100 -6050 to Provide for Photocopy Machine Stand. f. Report of Planning Commission Action at Meeting of October 21, 1986. Motion by Council Member Shaw, second by Council Member Russo, to adopt the Consent Calendar. Page 6 Beaumont City Council .tober 27, 1986 AYES: Council Member Connors, Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. There being no further business to come before the Council, on motion by Council Member Russo, second by Council Member Waller, the meeting was adjourned at 9:55 P.M. Respectfully submitted, I 4 !0� no a; I Ld Page 7 BEAUMONT CITY COUNCIL MINUTES OF NOVEMBER 10, 1986 The Beaumont City Council met in a regular meeting at 7:37 P.M., on Monday, November 10, 1986, in the City Council Chambers, with Mayor Partain presiding. On Roll Call the following Council Members were present: Connors, Shaw, Waller, Russo and Mayor Partain. The Invocation was given by Council Member Marshal Waller. The Pledge of Allegiance to the Flag was led by Council Member Shaw. Prior to proceeding with the Agenda, the Chair entertained a motion to con- tinue Agenda Items 2, 8, 10 and 12. Motion by Council Member Waller, second by Council Member Shaw, to continue Agenda Items No. 2, 8, 10 and 12 to the next regular meeting of November 24, 1986. AYES: Council Member Connors, Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. The City Attorney then presented a legal ruling pertaining to Agenda Items No. 6 and 7, stating that under Section 17.70.005.d.2, the Plot Plan requires a hearing by the Planning Commission, and since the Planning Commission sent these plot plans forward to the City Council without having taken action on them, that is in direct conflict with said Section. The City Council only has jurisdiction over the matter as the result of an appeal of the decision of the Planning Commission. As a result, these matters are before the Council improperly at this time, and should be returned to the Planning Commission with the direction to them that they complete their required work, and make a decision on or before the first of December. Motion by Council Member Waller, second by Council Member Shaw, to return Agenda Items No. 6 and 7 (Plot Plans 86 -PP -19 and 86- PP -20) to the Planning Commission with direction that they complete their required work, and make a decision on or before December 1, 1986. AYES: Council Member Connors, Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. The City Attorney pointed out he was going to make this comment, but several people left before he had the opportunity. When there is a motion made such as the one to continue certain items, it would be appropriate for anyone in the audience to make a request for reconsideration of that motion, because they have a particular reason why an item should not have been continued. This input could come during oral communication, and that way those who have a specific reason for wanting to have the item considered now, versus two weeks from now, could offer that input to Council. The meeting recessed at 7:46 P.M., reconvening at 7:55 P.M. 1. ORAL COMMUNICATION: a. Brien Ross, General Manager of Beaumont- Cherry Valley Recreation and Park District, presented a letter from their attorney relating to their requests that the City provide them with copies of all re- quests for notices of preparation of Environmental Impact Reports or Negative Declarations. He then stated their original intention Page 1 Beaurr -it City Council Noven._ jr 10, 1986 was to specifically talk about the proposed apartment complex on Cougar Way (86- PP -14), but since it has been continued, in general terms what they are talking about is mitigation of impacts on Parks and Recreation services from developers that come into the area. In summary, Mr. Ross requested the Council to consider the impact on the Recreation and Park District of new development, and asking that they consider adopting a "Quimby- type" ordinance in the City of Beaumont to be used to mitigate those impacts. It could be a cooperative agreement between the City and the Park District. b. Mr. Jarold Foster, Member of the Recreation and Parks District Board, addressed the Council asking their consideration of miti- gation of the impacts on the Recreation and Parks District by new development. c. Mr. Paul Turner, 39423 Tokay, Cherry Valley, representing Paul Turner, Inc., addressed the Council concerning the continuance of Tract Map 21763 to November 24, (Item No. 12 on the agenda). He questioned why it was continued when he has waited so long, and tried so hard, to get this map through since June 11. He pointed out that on the same date there was another project passed, namely Tavaglione. Tavaglione is now in the drywall stage building 40 apartments, and he (Paul Turner) is still being put off. He stated further that he had done everything humanly possible to get this map through, handcarried items to Riverside, got the letters, everything was approved, and the continuance doesn't seem right to him, since he has been waiting all this time and is paying $892.00 per month interest, and has lost three sales. He doesn't understand why he continues to be put off, when it is one of the smoothest, easiest projects there is, with all utilities in, streets in, curbs in. He has the letters accepting everything from the Water District, Fire De- partment, sewer - that everything is in order, and he doesn't understand why he should continue to be put off. Mayor Partain stated the Council had received some information late, and they have not had the opportunity to review it in full. He, for one, asked that the agenda item be continued because of that. He then read from a letter received from the City Engineer which listed a total of 48 questions which the City Engineer felt should be addressed concerning this project. 2. APPEAL of Planning Commission Approval of Plot Plan 86- PP -14. Applicant: Roy G. Palmer. Location: Approx. 1145 feet west of Cherry Avenue on the south side of Cougar Way. A proposed 274 unit apartment complex. By previous motion, this agenda item was continued to the regular meeting of November 24, 1986. 3. PROPOSED GENERAL PLAN AMENDMENT AND ZONE CHANGE from General Commercial to Multi- Family Residential. Applicant: Salvador and Palmita Valdivia. Location: Northeast corner of Orange Avenue and Fifth Street. (86 -GP -1, 86 -RZ -2 and 86- ND -13). The Public Hearing was opened at 8:11 P.M. Mr. Salvador Valdivia, 845 E. 10th Street: My wife and I are the ones who have the intention of building this, and if there are any questions I would try and answer them regarding the project. There were no other proponents, or any opponents, requesting to speak regarding this project. Council Member Waller: This is not a Plot Plan, am I right. This is just a General Plan Amendment and a Zone Change. Council Member Connors: Then the project is not at issue here, just the zone change? Mayor Partain: That is right. Are there any further questions. Any- thing you would like to state Mr. Valdivia? Page 2 Beaum—it City Council November 10, 1986 Mr. Valdivia: Not really. I just would appreciate any cooperation from the Council, which is what we did get from the Planning Commis- sion. Anything in our favor will be greatly appreciated. Thank you very much. Mayor Partain: Any other proponents. Anyone wishing to speak on be- half of the change. Anyone to speak in opposition. No one wishes to speak opposing the change. The Public Hearing was closed at 8:14 P.M. A staff report was presented by Ron Larson, Director of Community Development. This staff report is a matter of record in the Clerk's file. The Council had no questions of Mr. Larson. Mayor Partain indicated that he would be abstaining in the vote on this project since Mr. and Mrs. Valdivia are his father and mother - in -law. a. Consideration of Adoption of Negative Declaration 86- ND -13. Motion by Council Member Shaw, second by Council Member Russo, to adopt Negative Declaration 86- ND -13. AYES: Council Member Connors, Shaw, Waller and Russo. NOES: None. ABSTAIN: Mayor Partain. ABSENT: None. b. RESOLUTION NO. 1986 -64 - Approving Amendment to the City of Beaumont General Plan (86- GP -1). Motion by Council Member Russo, second by Council Member Waller, to adopt Resolution No. 1986 -64. AYES: Council Member Connors, Shaw, Waller and Russo. NOES: None. ABSTAIN: Mayor Partain. ABSENT: None. c. ORDINANCE NO. 632 - FIRST READING - Rezoning Certain Property from CG, General Commercial, to RHD, Residential High Density. Motion by Council Member Russo, second by Council Member Waller, to read Ordinance No. 632 by title only. AYES: Council Member Connors, Shaw, Waller and Russo. NOES: None. ABSTAIN: Mayor Partain. ABSENT: None. Motion by Council Member Russo, second by Council Member Connors, to pass Ordinance No. 632 at its first reading, by reading of the title only. AYES: Council Member Connors, Shaw, Waller and Russo. NOES: None. ABSTAIN: Mayor Partain. ABSENT: None. 4. TENTATIVE PARCEL MAP 22050 - Applicant: Charles Moore. Location: North side of Third Street between Beaumont and Maple Avenues. Pro- posed division of one acre to create three parcels. (86- PM -5). The Public Hearing was opened at 8:21 P.M. There were no proponents or opponents requesting to speak regarding this project. The Public Hearing was closed at 8:22 P.M. Page 3 Beau. it City Council November 10, 1986 The question of GPMs for the super hydrant was raised by Council Member Waller, and the ability of the main feed line to supply the hydrant was raised by Council Member Shaw. It was pointed out that Condition No. 6 of the Conditions of Approval would cover any requirements by the Water District, and if the applicant could not meet those requirements, they could not develop the property. Consideration of Approval of Tentative Parcel Map 22050. Motion by Council Member Russo, second by Council Member Connors, to approve Tentative Parcel Map 22050. AYES: Council Member Connors, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: Council Member Shaw. ABSENT: None. 5. TEXTUAL CODE AMENDMENT TO SECTION 17.55.020 -g.3 OF TITLE 17 AND RELATED ZONE CHANGE. Requiring twenty -four foot wide maneuvering area portions of driveways. The Public Hearing was opened at 8:38 P.M. There were no proponents or opponents requesting to speak regarding this textual code amendment. The Public Hearing was closed at 8:39 P.M. A staff report was presented by Ron Larson, Director of Community Deve- lopment. This staff report is a matter of record in the Clerk's file. There were no questions from the Council. a. Consideration of Adoption of Negative Declaration 86- ND -15. Motion by Council Member Russo, second by Council Member Shaw, to adopt Negative Declaration 86- ND -15. AYES: Council Member Connors, Shaw, Russo and Mayor Partain. NOES: Council Member Waller. ABSTAIN: None. ABSENT: None. ORDINANCE NO. 633 - FIRST READING - Pertaining to Title 17 of the Beaumont Municipal Code Amending Section 17.55.020 -g.3. Motion by Council Member Russo, second by Council Member Connors, to read Ordinance No. 633 by title only. AYES: Council Member Connors, Shaw, Russo and Mayor Partain. NOES: Council Member Waller. ABSTAIN: None. ABSENT: None. MOTION FAILED.. Ordinance No. 633 was read in its entirety by the Deputy City Clerk. Motion by Council Member Russo, second by Council Member Connors, to pass Ordinance No. 633 at its first reading. AYES: Council Member Connors, Shaw, Russo and Mayor Partain. NOES: Council Member Waller. ABSTAIN: None. ABSENT: None. 6. PLOT PLAN NO. 86 -PP -19 - Applicant: Bernard R. Fagot, et al. Location: 1026 Edgar. A proposed seven unit apartment building. By previous motion, this agenda item was returned to the Planning Commission. Page 4 Beaui it City Council November 10, 1986 7. PLOT PLAN 86 -PP -20 - Applicant: Bernard R. Fagot, et al. Location: 851 Magnolia. Proposed Construction of Two Seven Unit Apartment Buildings. By previous motion, this agenda item was returned to the Planning Commission. 8. TENTATIVE TRACT MAP 21830 - Applicant: Centennial Engineering, Inc. for Development Entity Ventures, Inc. Location: Orange Avenue (extended) approximately 600 feet south of Brookside Avenue. Pro- posed subdivision of 10 acres into 65 single family patio home lots. (86 -TM -3, 86- ND -9). By previous motion, this agenda item was continued to the regular meeting of November 24, 1986. At this point, the City Attorney called the Mayor's attention to the fact that certain individuals who were interested in Item No. 2 (which was continued), and who did not have the benefit of being present during oral communication, have now returned to the meeting, and the Mayor might wish to entertain a motion to re -open oral communication to give them that opportunity. 1. ORAL COMMUNICATION: Motion by Council Member Waller, second by Council Member Russo, to re -open oral communication in order to allow the individuals inter- ested in Item No. 2 to speak. There being no opposition, the motion carried unanimously. a. Mr. Stan Steel, Moreno Valley, representing Mr. Roy G. Palmer, addressed the Council regarding Cougar Mountain Apartments. He stated they were here at the request of the City of Beaumont. They felt they had followed all the rules that were required by the plot plan, and then they found there was an appeal concerning school fees, and an appeal filed by one of the City Council Mem- bers. They have not yet determined why that appeal was made. They are here tonight to find that out. They contract with the school board. That mitigat handled. They are here at the City Council's to find out what the appeal is about. Council Member Waller stated he was basically determination of the road that is to be used, trol as well. do have a signed ion has been pleasure, and concerned with the and the flood con- Mayor Partain stated the Council does not have the information from flood control as yet, and Council Member Waller had also raised some questions about the fence line. Council Member Waller then pointed out the possibility of security problems, but he feels the Police Department can resolve this. He also questioned the Southern California Edison right -of -way. Mr. Steel asked what the concern is with the fence, as they had put a block wall on the two property lines. Council Member Waller said if they have the street that is to be extended on the west side of the apartments, it would place the apartments right next to the high school. He is concerned about exactly where the street would be placed, and the possible problems of vandalism that might be caused by the students. That is why he felt the report from the Police Department would be helpful. Mr. Steel stated they felt the six foot block wall would preclude any problem. They were not concerned about vandalism as they feel the managers and assistant managers they will have on the premises will be able to handle this type of problem. Page 5 Beaui it City Council November 10, 1986 So far as Marshall Creek is concerned, it does not touch their property, so should not affect the project. They are confused as they are getting two different stories from two different people in the City, and they are unsure who to listen to. b. Mr. Tony Boyd, representing Cougar Mountain Apartments, addressed the Council, answering a question regarding whether or not their plot plan has gone through flood control yet. It is his under- standing their section of land is within the City of Beaumont, and the County Flood Control does not have any jurisdiction over that area. So there is no formal presentation of the plans, that he knows of, to the Flood Control District. The City Manager indicated there is apparently a misunderstanding. There is a fee that must be paid to flood control. We have an agreement that they must check all maps for the City. There is the fact, which will come out in their report, regarding what they can dictate this City to do. Council Member Russo inquired if, to their knowledge, had they paid a $360 or $275 fee for flood control plan checks, and Mr. Boyd responded that, to his knowledge, he did not know of one that has been paid. Their civil engineer, who was at the meeting earlier, could have answered that question, but he left after the item was continued. If one is required, it has either been paid or is in the process of being paid. Ron Larson indicated the map had been submitted without the fee, and Riverside County Flood Control will not accept maps without the Fee. So it is just a matter of getting that ironed out. Mr. Boyd mentioned one of the reasons they are here is to get some explanation on the appeal of the plot plan so they may address the concerns. They would like to have the specific appeals put into writing so they may have the opportunity to address these appeals and complaints. Mr. Boyd also asked for clarification as to who they should look to for guidance from the City regarding what to do so that every- body in the City of Beaumont is happy with the plan they present. There was continued discussion regarding the reason(s) for the appeal, and it was determined the areas of concern are as follows: 1. Response from the Flood Control.District. 2. Street alignment of Orange and /or Michigan. 3. Police study of the plans for security. 4. Coordination with Southern California Edison. 5. Letter submitted by Recreation and Parks District on November 10, 1986. 6. All information concerning the project to be in front of the Council before they consider the project. The City Manager indicated he would need direction from the Council regarding what staff should do in bringing the information back to them -- which staff can do in broad brush schematics, with the developer participating, or in various ways, in the matter of the street alignment. He will contact Southern California Edison; and as soon as the fee has been paid to Flood Control, he will work with the Director of Flood Control for a speedy response from them. Staff can come back with various street alignment proposals and what each one would do. Does the Council want members of the staff to join together to determine what we feel is best from an array of proposals. Would they like to see only one street come through. Mr. Boyd again asked who he should contact in terms of discussion and input, and the City Manager indicated he would be the respon- sible person. Page 6 Beaumont City Council November 10, 1986 9. Request from Coachella Valley Television for Franchise to Operate a Cable TV Service in the City of Beaumont. a. Reaffirming the Application Fee for any Cable Television Company shall be $2,000.00 as prescribed by Ordinance No. 529. Motion by Council Member Waller, second by Council Member Shaw, to reaffirm that the application fee for any cable television company shall be $2,000.00 as prescribed by Ordinance No. 529. There being no opposition, the motion carried unanimously. b. RESOLUTION NO. 1986 -65 - Resolution of Intention to Grant a Non - Exclusive Cable TV Franchise to Coachella Valley Television. Motion by Council Member Waller, second by Council Member Shaw, to adopt Resolution No. 1986 -65. There being no opposition, the motion carried unanimously. 10. RESOLUTION NO. 1986 -63 - Resolution of Intention to Order Abandonment of a Portion of 4th Street and Walnut Avenue. (Continued from Octo- ber 279 1986). By previous motion, this agenda item was continued to November 24, 1986. 11. ORDINANCE NO. 634 - An Urgency Ordinance of the City Council of the City of Beaumont Amending Chapter 8.20 of the Beaumont Municipal Code Providing for the Abatement and Removal as Public Nuisances of Abandoned, wrecked, dismantled or inoperative vehicles or parts thereof, from Private Property or Public Property. The City Attorney presented his report concerning this Ordinance and the procedures it requires for the abatement of vehicles. In reviewing the Ordinance, Section 8.20.040, Page 2 of the Ordinance, beginning on Line 3, will be changed to read, "The board shall consist of three members, namely the Public Safety Director, the Community Development Director and the Building Inspector ". Let the record show, this Ordinance is adopted as an Urgency Ordinance pursuant to Government Code Sections 36934 and 36937 based upon evi- dence known by and presented to the City Council; wherefore, it declares that the presence of abandoned, wrecked, dismantled or inoperative vehicles on public and private property within the City currently constitutes an immediate health and safety hazard which urgently needs to be abated. Motion by Council Member Russo, second by Council Member Shaw, to read Ordinance No. 634 by title only. AYES: Council Member Connors, Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. The Ordinance was read by title only by the Deputy City Clerk. Motion by Council Member Connors, second by Council Member Russo, to adopt Ordinance No. 634 as an Urgency Ordinance, by reading of the title only. AYES: Council Member Connors, Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. Page 7 Bea. .ont City Council November 10, 1986 12. RESOLUTION NO. 1986 -67 - Approving Final Tract Map 21763, and Authori- zation for Recordation of Same. By previous motion, this agenda item was continued to the regular meeting of November 24, 1986. Prior to considering the Consent Calendar, Council Member Waller made the following requests: a. The minutes of October 27, 1986 be corrected as follows: (1) On Page 4, Paragraph 14, the name of Anton Bauer, 620 Donna Drive, should be shown as the speaker. (2) On Page 5, add a second paragraph to include that he read Sections 17.12.135 and 17.12.130 of Title 17 out loud. b. That Items "e" and "f" be removed from the Consent Calendar and considered separately. 13. CONSENT CALENDAR: a. Approval of Minutes of Regular City Council Meeting of October 21, 1986. b. Approval of Payment of Warrants as Audited Per Warrant List of November 10, 1986, in the amount of $147,471.12 ; and Payroll of October 30, 1986, in the amount of $40,505.69. C. Receipt of Financial Statement from Conrad and Associates for Fiscal Year Ended June 30, 1986. d. RESOLUTION NO. 1986 -66 - Approving Parcel Map 21429 and Authoriza- tion for Recordation. Applicant: Richard Romney. Location: Northwest Corner of Beaumont Avenue and Southerly City Limits. Motion by Council Member Russo, second by Council Member Connors, to approve Consent Calendar Items "a" (as corrected), "b ", "c" and "d ". There being no opposition, the motion carried unanimously. 13e. Consideration of Adoption of Negative Declaration 86- ND -17. Applicant:. Charles and Mary Lou Menley. Location: 13801 Allegheny Avenue. Proposed Forty -Eight Unit Apartment Complex. 13f. Consideration of Adoption of Negative Declaration 86- ND -16. Applicant: Charles and Sandra Moore. Location: North side of Third Street between Beaumont and Maple Avenues. Proposed 3,000 sq.ft. Industrial Building. Council Member Waller's specific concern relative to these Plot Plans were the fire hydrants. It was pointed out that the type of fire hydrant, and the fire flow, are the responsibility of the Fire De- partment, and the development must meet their requirements. This is a part of the conditions of approval. Council Member Waller's second question addressed and the fact the Planning Commission deleted the sidewalks. He said he realizes that in Title 17, centage do not have sidewalks, you do not require feels if nobody has sidewalks, we will never have thinks sidewalks should always be required. Plot Plan 86- PP -16, requirement for if a certain per - sidewalks, but he sidewalks. He The City Manager pointed out that the City would not want to require sidewalks for industrial buildings. Mayor Partain pointed out that sidewalks cannot be considered as a significant impact insofar as the Negative Declaration is concerned. Page 8 Beaumont City Council November 10, 1986 It was determined that both of these Plot Plans were approved by the Planning Commission on October 21. The only way a Plot Plan can be reviewed by the Council is on appeal, and the appeal period has run. There is no way to supercede the Planning Commission's decision at this time. Motion by Council Member Waller, second by Council Member Russo, to adopt Negative Declaration 86 -ND -17 and 86- ND -16. On a vote of four ayes, with Council Member Waller voting no, the motion carried. 14. The meeting was recessed at 10:22 P.M. to Closed Session pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the City is a party. The title of the litigation is Citizens Against a Pass Area Prison vs City of Beaumont, Superior Court Case No. 164329. The meeting was reconvened to regular session at 11:16 P.M. Let the record show a report was given by the City Attorney in regard to the litigation of Citizens Against a Pass Area Prison vs City of Beaumont, but no definitive action was taken. Motion by Council Member Waller, second by Council Member Russo, to adjourn this meeting to a study session on November 22, 1986, at 7 A.M., in the City Council Chambers, 550 E. 6th Street, to discuss goals, priorities and related topics for the City of Beaumont, with the study session to adjourn for lunch at 12 Noon, reconvening at 1 :30 P.M. There being no opposition, the motion carried unanimously. The meeting was adjourned at 11:16 P.M. ResgQctfully submitted, ty City Clerk Page 9 Y• iJ .N BEAUMONT CITY COUNCIL MINUTES OF NOVEMBER 24, 1986 The Beaumont City Council met in a regular meeting at 7:35 P.M., on Monday, November 24, 1986, in the City Council Chambers, with Mayor Partain presiding. On Roll Call the following Council Members were present: Connors, Shaw, Waller, Russo and Mayor Partain. The Invocation was given by Council Member Connors. The Pledge of Allegiance to the Flag was led by City Attorney Ryskamp. Prior to proceeding with the agenda, the Mayor entertained a motion to ad- just the agenda. Motion by Council Member Waller, second by Council Member Shaw, to continue Agenda Items 3, 4 and 5; delete Agenda Item 6; and change the wording on Agenda Item ll.d from "Standard" to "State" Transit Assistance Funds. There being no opposition, the motion carried unanimously. Mayor Partain then announced if there was anyone in the audience who wished to speak on Items 3, 4, 5 or 6, they should come forward and state the reason why they felt the item should not be continued or deleted. Mr. Tom Fisher, 3401 Ramona Drive, Riverside, asked why Item No. 6, (Final Tract Map 21763) was being deleted. He stated he had been interested in the development for the past five months, and he wanted to know from the Council why it is continuing to be tabled and deleted. Supposedly, every- thing has been done, and the only reason it is being deleted (he has been told) is the City Engineer won't come to the meetings to approve it. Responding to a question from the Mayor, Mr. Fisher indicated this informa- tion came from Cherry Valley Realty and the developer, Mr. Turner. The City Manager explained the reason for the delay is the fact the final map has not been completed. As of Friday, after a meeting with the deve- loper and his engineer, an agreement has been reached regarding items which need to be completed, and they are now ready to start preparing a final map. There has been no final map for the Council to approve. It has never been ,,wn -at this point. Although there was one drawn in August, there were p,oblems with it, and changes have been made since that time. Mr. Fisher said the plans for his home have been completed for the last three months waiting for the final map to be approved so he could start building his home. He is throwing his rent money out the door while all this confusion keeps going on. The City Manager advised Mr. Fisher that when the Council approves a Final Map, it has to be ready to record, just requiring a few signatures. At the last meeting there was no map ready. The City Engineer was not asked to come to the meeting as there was no reason for him to come to the meeting. When the map has been completed, the Engineer will sign the map. The developer agreed with him on Thursday, and he and his engineer have been in touch today, so he is hopeful it will be before the Council on December 8. The City Attorney pointed out to Mr. Fisher that many of the changes being made are very much to the benefit of the property owner such as himself. 1 ORAL COMMUNICATION: There was no one wishing to speak under oral communication. Page 1 Beaumor City Council Novembe. 24, 1986 2. APPEAL of Planning Commission Approval of Plot Plan 86- PP -14. Applicant: Roy G. Palmer. Location: Approx. 1145 feet west of Cherry Avenue on the south side of Cougar Way. A proposed 274 unit apartment complex. (Continued from November 10, 1986). The Public Hearing was opened at 7:45 P.M. Mr. Ed Adkison, Adkan Engineering, 6869 Airport Drive, Riverside, repre- senting the applicant, Cougar Mountain Apartments: I didn't have the privilege of discussing this matter at the last Council meeting, but I believe there were four items that were brought to the attention that needed to be addressed. Of those four items, we have met with the City Manager, Mr. Bounds, and discussed these items at length, getting some different inputs from the different agencies. One of those inputs that was addressed was from the Police Department. We sat down with the Police Department and got some input insofar as what they would like to see in an apartment complex. They had stated they would like to see low growth and high visual regard insofar as the traffic is concerned. So we are willing to work with the Police Department, in fact, we have invited them out prior to the completion of the project so that if there is any plants or growth that they are not in agreement with, we can go ahead and make the change at that time. Also, they had addressed, at that time, was the block wall in between the east property line and the high school. Again, we are openminded to that situation, and one of the alternatives that was brought up was to extend the height of the fence, if that becomes a problem, to where kids who try to scale the fence, and, again, we have no problem leaving the fence at a six foot height, or extending it to an eight foot height. We are openminded on that as well. One of things that was brought up with the fence is possibly putting a rolled cap, if you will, on it, which will make it harder for the kids to grasp on to and climb over. So, as far, the Police Department and safety, I think we have pretty well covered that with the Police Depart- ment. I believe Mr. Bounds might have some more to offer on that, as well as some of the other items that were addressed. Tonight we have Mr. Ross with the Parks and Recreation District here, and we have come to an agreement with them, and they have submitted a copy of that agreement to Mr. Bounds, and I don't know if he has pre- sented it to the Council at this time. Have you done that. City Manager: No, I just have one copy so far. Mr. Adkison: Did you have some additional copies on that or. . . he will probably go ahead and highlight that when he gets up and speaks. One of the major items that was brought up, let me skip on. Flood Control was another issue, and at this time, we have formally requested from the Flood Control District a comment on the project, and at this time they have not responded. What I would like to see would be leave that openminded so that the City could condition the flood control re- auirements after they have received the letter from flood Control. The third - or actually the fourth, and probably the most important item on there would be the street alignment, at which time it was Michigan Avenue, and now it has become debated, and I believe we are going to see some alternatives on that tonight if I am not mistaken. Again, we have spent a great deal of time with Mr. Bounds, and worked with him, and we are agreeable to coming up with a street alignment which more or less bisects our site, if that is agreeable to the Council. One of the items I would like to request, that instead of it bisecting our property completely in half, would be to allow us to go ahead and build Phase one out, if you will, as -is, and use the east right -of -way line as the easterly line, and then come over 88 feet from that, so, Phase two we would take up the additional 22 feet, if you will, in Phase two. To give you some clarification on that, we have it designed as a 66 foot street in our plot plan now. The plan that Mr. Bounds is proposing would have an 88 foot street, so the street would be 22 feet wider than as originally shown on the plot plan originally submitted, and what I am asking is let us go ahead and build Phase one out, and we will take that 22 feet out of Phase two. More than likely, definitely, Page 2 Beaun. t City Council November 24, 1986 we will lose at least four units out of Phase two to satisfy the larger street. I am open for any questions. Council Member Russo: With relationship to the flood district, you are saying that you haven't heard from them either yet, officially. Mr. Adkison: I have set, and I have met with Jerry Algrer (sp ?) of their office twice on the project. The first time was an informal, and I, at that time, requested a formal response from flood control, at which time he said that would have to be directed from the City. And, at that time, after the last Council meeting, we went ahead for - mally, or the City did, to request that information, and they have not responded as of this date. City Attorney: Do I understand that in your informal discussion, there was no evidence of any type of impact on potential flood problems or flood control in the area. Mr. Adkison: No. We are . . . City Attorney: No impacts to worry about. Mr. Adkison: Possibly there might be some impact at the northwest corner of the project, however, that would be minor in comparison to the total project. City Attorney: That impact can be mitigated by proper planning. Mr. Adkison: Yes sir. It sure can. I don't see anything adverse with our design after sitting down with their department. Mayor Partain: Anything else. Any other questions. Thank you Mr. Adkison. Mr. Steele. Mr. Stan Steele, 13225 Alexis Drive, Moreno Valley: I represent Mr. Roy G. Palmer, the engineer on the structural portion of the building. I would be happy to answer any questions you folks might have. I have one concern, that if you would like us to make that east wall an eight foot high block wall, we may ask you to allow us to transition it as we turn the corner to come down the south side of the property, and I think probably your maximum height for a wall is six feet, so we would like to transition it, and if you want us to go eight feet, have that done, if you were to approve this project, so we wouldn't have to come back for that. Mayor Partain: Any questions for Mr. Steele. Thank you Mr. Steele. Mr. Boyd. Mr. Tony Boyd, 30384 Pt. Marina Drive, Canyon Lake: The only point I would like to bring up at this time is that we have met with the Parks and Recreation District and we have come to an agreement. I don't know if there is anything I can tell you about the other issues that haven't already been said. Brien can come up and speak on behalf of the Parks and Recreation Department, and confirm, in fact, that we have come to an agreement with them. Mayor Partain: Any questions of Mr. Boyd. Mr. Ross. Brien Ross, representing Beaumont - Cherry Valley Recreation and Parks District: I would like to, just for the record, and I know that you have all seen this before, but I do have the copies of the letter and I think this letter was actually introduced during the oral communi- cation rather than the agenda item because of the continuance, so I would like to provide those copies. We have met with the developers and arrived at a tentative agreement to mitigate impacts on the Beaumont - Cherry Valley Recreation and Parks District. We would note that in the agreement it no way indicates the normal mitigation fees the District would assess, however, due to developer hardships, the fees have been reduced. We are in agreement Page 3 Beaun. .t City Council November 24, 1986 with the developer to propose that the following condition be placed on the project as a condition of plot plan approval, and I would like to present that at this time. This condition, if approved, will meet the City of Beaumont's responsi- bility to mitigate any impacts on District facilities and rectify any previous failure by the City to condition the project appropriately. We would therefore hope that, inasmuch that the developer is in approval of this condition, the District is in approval, this would take care and expedite their project, this condition be added as written into the overall conditions for the plot plan. Mayor Partain: Any questions of Mr. Ross. City Manager: Brien, on this it is indicating that the sum of $13,500 be paid. If they phase the project, are you looking at the fees being paid prior to issuance of building permit, and if so, would we arrive at an amount equal to the percentage of the project to be built at that time. Mr. Ross: Yes, I would think it would be a pro rata distribution. And I think that is in line with the constraints that they have on their budget. Normally, we would look at this as part of the tentative map approval, but inasmuch as some of the concerns of the developer would be alleviated by this type of arrangement, it is satisfactory for us to meet them. Council Member Russo: Let me see if I understand this. Are you saying that by the fee of the $13,500 that would - the District would then agree that any alleged impaction would be mitigated by this fee. Mr. Ross: Yes. Council Member Russo: How big is the district. The park and rec district. Mr. Ross: In terms of . Council Member Russo: Land mass. The district - what does it cover. Mr. Ross: Land mass. Around 77 square miles. Council Member Russo: Can I ask a few questions about the district's impaction. Something that crossed my mind, and I would just like to ask a general question or two here, if anybody wants to field it, go ahead. I look at the City of Beaumont. We own our own parks in the City. We maintain our own parks. The development is within the City limits of Beaumont, and I can't help but wonder if perhaps our parks are going to be more impacted by the project than the district. And, this is an open question to Mr. Bounds and Mr. Ryskamp, or whoever wants to field it, do we receive any funds from the projects presently to offset our impaction to our parks. City Manager: Not specifically for park impaction. No. Council Member Russo: We don't have anything in place that does that. City Manager: No. Council Member Russo: So the contention is that because the project is within the district there is going to be some impact on the services at Noble Creek. Mr. Ross: Well I think there is two things that relate to that. One is that the District certainly provides recreation services in addition to park lands itself, therefore, these services are going to be called upon, they are going to impact on district facilities, and in a limited sense, we are concerned with the impaction upon the district facilities. We have also been talking with the Council, and I believe we spoke to that at the last meeting, concerns the potential cooperative agreement Page 4 B amont City Council November 24, 1986 that could address more specifically, and I believe you do have a community facilities fee, that addresses some of the City's concerns, so I am not dealing specifically with that - but, some mechanisms that would be in the best interests of both parties, and I am not talking of the interest of the District, I sincerely feel, in the interest of both parties, to develop these kinds of relationships so that we could develop the parks and take care of mitigations, both on the District's part and the City's part. There certainly are many ways that this can be done where the City would specifically benefit for parks within their border, so - and we would like to continue this dialogue further, and I know that you have been talking in terms of - Saturday - the 1972 Landscape and Lighting, the Quimby Act, the Community Facilities Assessment District, those types of things. But in a limited sense, tonight, what we are just looking at was just mitigation for the impacts on the District. That is not to say that certain other fees have not been levied by the City to mitigate any impacts that the City might feel. Council Member Russo: Okay. A couple of more questions. The refer- ence in here from your attorney.that there had been several requests in the past by the District to our Planning Department to apprise you of developments, and that hasn't been happening. Is that correct. Mr. Ross: True. Yes, under the CEQA provisions, agencies who, once notified, are required to provide certain information and that type of thing. We have not received that type of information, and basically, the letter that we gave to you at the last meeting, and basically entered into the record here, was merely stating that because the pre- vious request had not been fulfilled, we found ourselves unaware of the project, and we are having to come back at this late date and try to put together quickly some agreement so that the project could go forward. We would prefer to be able to start with the project at the beginning, work with the Planning Commission and also with the City as a whole, and try to expedite this as a regular function. Council Member Russo: Let me see if I understand that. Put this in perspective for myself, I guess, more than anything else. What you are telling me is that the District, in order to impact the services, in order to mitigate any impaction of the services that they provide, will be providing for individuals coming into the community, any pro- ject, or whatever, it is necessary, in your opinion, that there needs to be some kind of impaction fee, if you will, to help you offset that impaction. Is that correct. Mr. Ross: I would certainly think, that in the long run, a Quimby fee, or some kind of fee, would be in the best interests of the District and the City, working cooperatively. In terms of just the legal re- quirements, which was what you first addressed, the City, or any agency, is required under CEQA to provide certain information. Council Member Russo: And then the second part is, that, you know, at least what you presented tonight, the District feels that the alleged impact will be mitigated by this fee. And that will take care of it. Is that what we are saying, so they can go on. Mr. Ross: That is basically it. Council Member Russo: Thats it. Okay. Thank you. Mayor Partain: Marshal, do you have anything. Fred. Go ahead Mr. Ryskamp. City Attorney: Do you want to get your pen out, and I will make a pro- posed change that will give us the language on the condition, so it reflects what was just said. Developer shall enter into an agreement acceptable to the Beaumont - Cherry Valley Recreation and Park District prior to and as a condition of approval of Plot Plan No. PP -14 by the City of Beaumont, whereby it will pay fees to mitigate the alleged impacts of its project upon the Beaumont- Cherry Valley Recreation and Park District in the sum of $13,500.00, to be paid prior to issuance of building permits in relationship of,the total sum that the request- ed permits have to the total permits to be issued. That gives you Page 5 Beaumunt City Council November 24, 1986 your priority, and it gives the City a point where we have to have proof of.payment before they are allowed to build. And then the only change in the second paragraph would be, once again, mitigation of the alleged impacts, because I don't think we have had a deter- mination, specifically, as to what those impacts are, or the nature of them at this point. I don't think we want to go into exploring that, we are interested in mitigating the project so that the deve- loper could move forward. Mr. Ross: I am a little sketchy in just the exact wording, but it seems substantially the same. City Attorney: Basically it is. What I have added, aside from the mention of alleged, I have shifted it to the point where it clearly says the agreement has to be in prior to and as the condition of approval, and not the payment of the fees, which reading it the way it is worded now would indicate they have to be paid. And I further set forth the fact they can't get a building permit until they have paid that portion, so when they come in for Phase one building per- mit, they will have to pay whatever the percentage Phase one is of that total $13,500. Mr. Ross: I don't really see any problem with that. City Attorney: That is just designed mainly to clarify so everybody has a point, and then the City would, before they issue the building permit have to have proof from you that you had received the payment. Council Member Russo: I think what I am hearing here is - where is that to be paid. To the City. City Manager: No. What we would require would be it be paid to the District, and the District would notify us that it had been paid, and then we could issue the building permit. City Manager: We can modify that - will pay fees to the B /CV Rec and Park District, so that it is very clear, and then all they would have to do is present proof, and that is obvious if we have to know it has been done before we issue a building permit - we are going to want proof. Mayor Partain: Okay. Mr. Ross, would you hold for just a second. Could I call one of the three gentlemen back - whoever wishes. Do you understand, Mr. Boyd, what was just said by our attorney. Mr. Boyd: Yes I do, and we are in agreement. Mayor Partain: Wait a minute, Mr. Ross, I want to ask you a question. What was that - was that 77 miles - what was that. Mr. Ross: 77 square miles. Mayor Partain: 77 square miles. What is the boundaries. Mr. Ross: It basically parallels the school district. It is concurrent with the school district. There are some minor boundaries where they are not the same, and there will be some change of boundary with the recent LAFCO decision, but, essentially, at this point that is what they are. Mayor Partain: Okay. For my own information, does that include the Presley Project. Mr. Ross: It includes a small portion of the Presley Project. Mayor Partain: A small portion as to what. Do you know that offhand. Out of the 4000, you know. . . Mr. Ross: I really don't. I would have to go back. Page 6 Beaumont City Council November 24, 1986 Council Member Shaw: No idea as to how many units it will comprise out of that Presley Project. Mr. Ross: No, I would have to go back and really look at the infor- mation. Mayor Partain: For my own information, did the Park and Recreation approach the Presley Project also. Mr. Ross: We talked with the City of Banning in regard to the Presley Project which had a number of differences from it. Number one it was basically a senior citizen project. It was - had a number of recrea- tional facilities inside the project - golf courses - community centers - and the like, that the developer was providing, and we talked with the City of Banning, and also the Presley Project is a project that has been on line for some time. City Attorney: I gather then that the attorneys who represent the Park Department didn't send the City of Banning and the attorneys who represent the City of Banning a letter similar to the one that we got on the Presley Project. Mr. Ross: We have sent the City of Banning a letter in terms of asking for the same exact information from the City of Beaumont, but the Presley Project itself, we felt was a different type of project. Mayor Partain: Any further questions. Thank you Mr. Ross. Do we have anyone else who wishes to speak to Item No. 2. Either for or against. If not, let's close the public hearing. The Public Hearing was closed at 8:10 P.M. The City Manager presented -a report on the items he was requested to research and bring back to the Council. 1) The response from the Flood Control District. As of 4:45 this afternoon, it was not com- pleted. The City Manager did indicate that he agrees with the engineer that any flood problem there will be relatively minor and can be dealt with if they approve the plot plan with a condition that the developer and the City Manager will look into any comments made by the Flood Control District, and if any mitigation is to be done, they will arrive at a mitigation plan to bring back to the Council. 2) Street alignment. There was discussion as to whether Orange or Michigan would be extended. The City Manager then presented a plan for the Council's consideration whereby it was proposed that Palm Avenue be extended from 14th Street to Brookside in a manner that it would serve as many of the property owners as possible. This would be a less expensive street alignment due to the box culvert that would be required if Orange were extended. It would require an amend- ment to the Circulation Element of the General Plan, but would be in the best interests of the City and the property owners both. Council Member Russo brought up the question as to whether or not the proposed extension of Palm would have a median similar to the one on the existing Palm Avenue. The City Manager pointed out a median of this length would add a considerable amount of expense to maintain it, and he could bring the Council figures to indicate what the cost would be to maintain it. The Council indicated they would like to see these figures, because aesthetically it would be nice to continue the median. It was suggested that $10,000 per year for an acre would be a low esti- mate. The City Manager said the developer could be required to form a parks and lighting district, and the owners would then pay to take care of it. As he recalled, the last time he read the 1972 Act, it can be done on the basis of bare ground or on living unit, and you set a budget every year, which can fluctuate, but he would be wrong in not warning the Council that maintenance of these type of things are going to be very damaging to City budgets as we go down the road, and that is the reason we have been provided with these kinds of districts that can pay for these costs. Page 7 Beaun t City Council November 24, 1986 The City Manager then reported that all other items which were in question have been covered. The police are very satisfied, both with the block wall and the landscaping for the security of the people. The Council has the park and rec district completed, and there is no problem with Edison. So far as the comment that all information concerning the project would be in front of them, he did not know what else it was the Council wanted. It was determined that was in regard to flood control, and the developer and the City Manager will work out anything that flood control comes up with. Consideration of Approval of Plot Plan 86- PP -14. Motion by Council Member Russo, second by Council Member Connors, to approve Plot Plan 86- PP -14, with the following conditions: 1. That the alleged impactions of the Park and Recreation District, as submitted, accepted and modified, be miti- gated. 2. The developer is authorized to go ahead with the plans and construction of Phase one; and that portion from the centerline of the proposed north /south street to the western property line of Phase two may be amended by the increase in right -of -way width of the north/ south street after it is considered as an amendment to the circulation element of the City of Beaumont. 3. Direct the developer to coordinate any response from the Riverside County Flood Control and Water Conser- vation District with the City Manager to mitigate any impactions. AYES: Council Member Connors, Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. Consideration of Adoption of Negative Declaration 86- ND -14. Motion by Council Member Russo, second by Council Member Waller, to adopt Negative Declaration 86- ND -14. AYES: Council Member Connors, Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. 3. GRANTING A CABLE TV FRANCHISE to Coachella Valley Television. By previous motion, this public hearing was continued to the regular meeting of December 8, 1986, by request of the applicant. 4. TENTATIVE TRACT MAP 21830 - Applicant: Centennial Engineering, Inc. for Development Entity Ventures, Inc. Location: Orange Avenue (Extended) approximately 600 feet south of Brookside Avenue. Pro- posed subdivision of 10 acres into 65 single family patio home lots. (86 -TM -3, 86- ND -9). By previous motion, this agenda item was continued to the regular meeting of December 8, 1986. 5. RESOLUTION NO. 1986 -63 - Resolution of Intention to Order Abandonment of a Portion of 4th Street and Walnut Avenue. By previous motion, this agenda item was continued to the regular meeting of December 8, 1986. Page 8 Beau at City Council November 24, 1986 6. RESOLUTION NO. 1986 -67 - Approving Final Tract Map 21763, and Authori- zation for Recordation of Same. Applicant: Paul Turner, Inc. Location: Pennsylvania and 14th Streets. By Previous motion, this agenda item was deleted from the agenda. 7. ORDINANCE NO. 632 - SECOND READING - Rezoning Certain Property from CG, General Commercial, to RHD, Residential High Density. Motion by Council Member Russo, second by Council Member Waller, to read Ordinance No. 632 by title only. AYES: Council Member Connors, Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. The Ordinance was read by title only by the Deputy City Clerk. Motion by Council Member Russo, second by Council Member Connors, to adopt Ordinance No. 632 at its second reading, by title only. AYES: Council Member Connors, Shaw, Waller and Russo. NOES: None. ABSTAIN: Mayor Partain. ABSENT: None. Let the record show Mayor.Partain abstained since this property belongs to his Father and Mother -in -Law. 8. ORDINANCE NO. 633 - SECOND READING - Pertaining to Title 17 of the Beaumont Municipal Code Amending Section 17.55.020 -g.3. Motion by Council Member Russo, second by Council Member Shaw, to read Ordinance No. 633 by title only. AYES: Council Member Connors, Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. The Ordinance was read by title only by the Deputy City Clerk. Motion by Council Member Russo, second by Council Member Connors, to adopt Ordinance No. 633 at its second reading, by title only. AYES: Council Member Connors, Shaw, Russo and Mayor Partain. NOES: Council Member Waller. ABSTAIN: None. ABSENT: None. 9. Consideration of Claim for Damages Filed by Mrs. Julia Szynkowski. Motion by Council Member Russo, second by Council Member Connors, to deny the claim, based on the determination that the City has no liability. There being no opposition, the motion carried unanimously. 10. Requesting Applications for Senior Citizens Advisory Commission. Motion by Council Member Shaw, second by Council Member Russo, to request applications for the Senior Citizens Advisory Commission, with the date of December 24, 1986 set as the closing date for receipt of applications. There being no opposition, the motion carried unanimously. Page 9 Beaui. it City Council November 24, 1986 11. CONSENT CALENDAR: a. Approval of City Council Minutes of Regular Meeting of November 10, 1986. b. Acceptance of Planning Commission Minutes of Regular Meeting of October 21, 1986. C. Approval of Warrants as Audited per Warrant List of November 24, 1986, in the amount of $203,950.51; and Payroll of November 13, 1986, in the amount of $39,015.13. d. Authorization to Submit Claim for State Transit Assistance Funds. e. Report of Action at Planning Commission Meeting of November 18, 1986. Motion by Council Member Russo, second by Council Member Shaw, to approve the Consent Calendar. AYES: Council Member Connors, Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. There being no further business to come before the Council, on motion by Council Member Waller, the meeting was adjourned at 9:09 P.M. Re&Cctfully submitted, • i _ I f-, C :y City Clerk Page 10 BEAUMONT CITY COUNCIL MINUTES OF DECEMBER 8, 1986 The Beaumont City Council met in a regular meeting at 7:36 P.M., on Monday, December 8, 1986, in the City Council Chambers, with Mayor Partain presiding. On Roll Call the following Council Members were present: Connors, Shaw, Waller, Russo and Mayor Partain. The Invocation was given by Mayor Partain. The Pledge of Allegiance to the Flag was led by Council Member Shaw. Prior to proceeding with the agenda, Mayor Partain entertained a motion to continue certain agenda items. Motion by Council Member Shaw, second by Council Member Russo, to continue Agenda Item No. 3 until January 12, 1987 and Agenda Item No. 4 until Decem- ber 22, 1986. There being no opposition, the motion carried unanimously. The Mayor then requested if anyone wished to speak to either Item No. 3 or Item No. 4, or question the reason for continuance, they should step forward at this time. There was no response from the audience. 1. ORAL COMMUNICATION: There was no one requesting to speak under oral communication. 2. PUBLIC HEARING - Granting a Cable TV Franchise to Coachella Valley Television. The Public Hearing was opened at 7:40 P.M. Mr. Stewart Nazzaro, General Manager for Coachella Valley Television, addressed the Council as a proponent for granting the franchise giving background information concerning the company. Mr. Bruce Harris, Director of Engineering for Coachella Valley Television, spoke as a proponent offering technical information concerning the com- pany and the types of service it can offer residents of the City. Both gentlemen then answered questions from the Council. Mr. Larry Gordon, 1284 Pennsylvania, speaking as a proponent for the granting of the franchise, called the attention of the Council to the fact that those persons hooked to the service in Cherry Valley without a converter only get the Palm Springs UHF stations. They cannot get Channel 28 and the rest of the stations. The second point he brought out was that the FCC now has a new regulation that says a cable company must give you the ability to use your present antenna along with their system, and he felt this should be part of the City's franchise. There were no other proponents and no opponents wishing to speak. The Public Hearing was closed at 7:55 P.M. After the close of the public hearing, a representative of Coachella Valley Television indicated the FCC ruling does not go into effect until sometime in 1988 at which time all cable systems doing business in the United States will have to install an "AB" switch in the homes to give the ability to switch from cable to off -air. Page 1 iumont City Council December 8, 1986 ORDINANCE NO. 635 - FIRST READING - An Ordinance of the City of Beaumont California Granting a Non - Exclusive Franchise to Coachella Valley Tele- vision to Construct, Operate, and Maintain a Community Antenna Television System within the City of Beaumont in Accordance with Ordinance No. 529 subject to the Terms and Conditions Set Forth Herein. Motion by Council Member Shaw, second by Council Member Waller, to read Ordinance No. 635 by title only. AYES: Council Member Connors, Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. The Ordinance was read by title only by the City Clerk. Motion by Council Member Russo, second by Council Member Shaw, to pass Ordinance No. 635 at its first reading by title only. AYES: Council Member Connors, Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. 3. TENTATIVE TRACT MAP 21830 - Applicant: Centennial Engineering, Inc. for Development Entity Ventures, Inc. Location: Orange Avenue (extended) approximately 600 feet south of Brookside Avenue. Proposed subdivision of 10 acres into 65 single family patio home lots. (86 -TM -3, 86- ND -1). By prior motion, this agenda item was continued to January 12, 1987. 4. RESOLUTION NO. 1986 -63 - Resolution of Intention to Order Abandonment of a Portion of 4th Street and Walnut Avenue. By prior motion, this agenda item was continued to December 22, 1986. 5. Highland Springs Bridge and Thoroughfare Benefit District. a. Presentation of Highland Springs Bridge and Thoroughfare Benefit District Preliminary Report. The City Manager indicated the final engineering report had been passed out to the Council tonight, the report in their agenda packet being a draft copy. Although there are some changes, they do not change in any great extent the bridge and thoroughfare district they are discussing, but in most cases have to do with how you arrive at the fee to be charged for those people who are affected by the district if the dis- trict is created on January 12 as the resolution of intention being considered tonight calls for a public hearing on that date to consider the actual establishment of the district. The City Manager then presented a verbal report pertaining to the purpose of the district. b. RESOLUTION NO. 1986 -68 - Resolution of Intention Calling Hearing on Establishment of Highland Springs Bridge and Thoroughfare District. Motion by Council Member Russo, second by Council Member Waller, to adopt Resolution No. 1986 -68. AYES: Council Member Connors, Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. Page 2 E umont City Council December 8, 1986 6. RESOLUTION NO. 1986 -69 - Approving Planning Commission Resolution of Record No. PC -86 -1 Setting Forth an Interpretation to Clarify Ambigu- ity with Respect to Location of Off- Street Parking Facilities in Required Yard Space. Motion by Council Member Russo, second by Council Member Shaw, to adopt Resolution No. 1986 -69. AYES: Council Member Connors, Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. 7. RESOLUTION NO. 1986 -70 - Suspending the Operation of Resolution No. 1982 -43 While State School Fee Program is in Effect. Motion by Council Member Waller, second by Council Member Shaw, to adopt Resolution No. 1986 -70. AYES: Council Member Connors, Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. 8. Request from Council Members Waller and Connors for Consideration of a Plan to Remove all things stored in gymnasium to another area in the building, and to consider the best use of other areas within the Civic Center Building. Council Member Waller presented a plan utilizing adjacent offices to the gymnasium for storage of equipment which is presently being stored on the gymnasium floor. The subject of the utilization of Room 12 by the Pass Boxing Club was brought up at this point, with Council Member Waller pointing out they have a permanent ring in the room, therefore, no one else can use the room, and they are getting the use of the room free. He feels this room could be put to better use. There was also the question of liabi- lity insurance, and the fact the City could be held liable for any injury as a result of boxing club activities. Council Member Waller also presented a second plan which would place the Council Member office in space occupied by the Building and Planning Department, with the office being secured separately from the balance of the office space. There was discussion and comments from the Council Members concerning the two plans which are a matter of record on the tape of the meeting. Motion by Council Member Waller to adopt Plan A and implement as soon as possible, and to determine if the Pass Boxing Club has liability insurance DIED FOR LACK OF A,SECOND. Motion by Council Member Russo to table Plan A and B until such time as a financial breakdown can be brought back to the Council, and bring these two plans as well as the original storage facility plan back to the Council at the same time DIED FOR LACK OF A SECOND. Discussion was reopened concerning the subject of the Pass Boxing Club, specifically, liability insurance, damage to the room, who the members of the Pass Boxing Club are, and the fact that no fees are paid for use of the room. Motion by Council Member Waller, second by Council ing the City Manager to write the Pass Boxing Club sentative of the Pass Boxing Club to be present at meeting to answer the questions relative to liabil names and addresses of the membership of the club, room is used by the club. Page 3 Member Shaw, direct - requesting a repre- the next Council ity insurance, the and how often the aumont City Council December 8, 1986 AYES: Council Member Connors, Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. Motion by Council Member Waller, second by Council Member Connors, that due to the fact the Volley Ball Club cannot utilize the entire gymnasium, they be charged half price. AYES: Council Member Connors and Waller. NOES: Council Member Shaw, Russo and Mayor Partain. ABSTAIN: None. ABSENT: None. MOTION FAILED. 9. CONSENT CALENDAR: a. Approval of City Council Minutes of Regular Meeting of November 24, 1986. b. Acceptance of Minutes of Regular Planning Commission Meeting of November 18, 1986 and Adjourned Planning Commission Meeting of November 25, 1986. C. Approval of Warrants as audited per Warrant List of December 8, 1986, in the amount of $75,749.47; and Payroll of November 27, 1986, in the amount of $39,581.69. d. Acceptance of Resignation of Burke Hensley from Senior Citizens Advisory Board. e. Authorization of Budget Adjustment for Account No. 1450 -6030 for City Hall Renovation (Room 5 and Restroom remodel. f. Report of Action at Planning Commission Adjourned Meeting of November 25, 1986 and Regular Meeting of December 2, 1986. Motion by Council Member Waller, second by Council Member Russo, to approve the Consent Calendar. AYES: Council Member Connors, Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. 10. The meeting was recessed to Closed Session to consider personnel matters pursuant to Government Code Section 54957 at 10:15 P.M. The meeting was reconvened to regular session at 10:55 P.M. Let the record show there was discussion relative to personnel matters, but no action was taken. There being no further business to come before the Council, on motion by Council Member Waller, second by Council Member Russo, the meeting was adjourned at 10:56 P.M. Respectfully submitted, LWF.Al F r ' Page 4 BEAUMONT CITY COUNCIL MINUTES OF December 22, 1986 The Beaumont City Council met in a regular meeting at 7:30 P.M., on Monday, December 22, 1986, in the City Council Chambers with Mayor Partain presiding. On Roll Call the following Council Members were present: Connors, Shaw, Russo and Mayor Partain. Let the record show Council Member Waller arrived at 7:43 P.M. The Invocation was given by Council Member Russo. The Pledge of Allegiance to the Flag was led by Mr. Bill Bauer, of the Beaumont Senior Center Harmonizers. A selection of Christmas Carols was presented by the Beaumont Senior Center Harmonizers. 1. ORAL COMMUNICATION a. Ms. Eleanor Corner, 40870 Cheyenne Trail, representing the Beaumont Women's Club, addressed the Council concerning the proposed liquor license to be issued to a business near the women's club. She stated all the residents of the area, Weaver's Mortuary and the Presbyterian Church were all opposed to this carry -out liquor store being opened. Although she realized that the Alcoholic Beverage Control Board has jurisdiction over the issuance of the license, she requested the Council to take action supporting the opposition to it. It was determined that the Council, having no jurisdiction over the liquor license, could take no action to oppose the license, but each Council Member as individuals can state their opposition. PUBLIC HEARINGS - 7:30 P.M. 2. APPEAL of Planning Commission Denial of Plot Plan 86- PP -19. Applicant: Fagot Bros. Construction. Location: 1026 Edgar. A proposed seven unit apartment building. The Public Hearing was Opened at 7:50 P.M. Mr. Harvey Marcell, 461 W. Ramsey, Banning, the Engineer for the applicant, addressing the Council as a proponent of the project: The applicant wishes to appeal the findings of the Planning Commission on this plot plan for reasons stated in the appeal application. We feel there are some circumstances here that are very unusual, and, quite frankly, I don't think the applicant has been given a fair shake by the City. Mayor Partain: Is that all you wish to say. Do you have any further comment, is that all you wish to say. Page 1 Beaumont City Council December 22, 1986 Mr. Marcell: Our appeal is based on 1) the negative declaration was denied without supporting findings; 2) the Planning Commission voted for a Resolution of Interpretation with respect to parking in the setback area after closing of the public hearing, and we were not given an opportunity to respond to that. I think the biggest thing here is the Commission has attempted to control density, which is really not an issue with this plot plan with the parking requirements of Beaumont, and I think the Council needs to direct the Planning Commission to take another look at the parking standards for the City of Beaumont. I am having a problem as the engineer, and I think developers are. I haven't seen a project come through Beaumont recently, in the last several years, that hasn't had to have some sort of variance to comply with your codes. And, gentlemen, there is a problem there when you have to have a variance on every project that comes through. I would be happy to answer any questions that anyone might have. Mayor Partain: Okay. Mr. Waller. Council Member Waller: Could you restate what you said concerning the variances. About projects coming through. Mayor Partain: Excuse me, if I may. Let's confine our comments to this project. Rather than. . . Mr. Marcell: One problem I have with this particular project, when you have a staff report runs down through it and conditions, and then you are given that staff report prior to a Planning Commission meeting, you have to assume that staff report reflects the code and the intentions of the City. Perhaps that is one of the problems with this plot plan. If the staff report was incorrect, then we should have been given the opportunity to come in with some sort of an alternative design. Council Member Waller: Okay, then, basically what you are saying is that if you had known that your project was out of compliance, regardless of whether the staff had ruled it as in compliance, that you would have - I don't want to be putting words in your mouth - but you would have complied. Mr. Marcell: The developer had several options on this project. One, he could have reduced the number of parking spaces by, for instance, reducing the number of bedrooms to one bedroom units. Another option would have been to reduce the number of units. Another option would have been to ask the Council to vacate a portion of the street. Mayor Partain: Questions. Mr. Shaw, anything. Mr. Russo. We have here a new plan that I take it that you have submitted. The amended parking plan? Mr. Marcell: This plan is just to show you that there is other alternative parking layouts for the same density. Mayor Partain: Do you have any questions regarding the amended parking plan that you would like to address. Council Member Waller: Does this in anyway decrease or increase your units themselves. Page 2 Beaumont City Council December 22, 1986 Mr. Marcell: The units are basically the same size. Mayor Partain: It was my understanding that the units were a little over 800 sq.ft. and now are 900. Wasn't that what we read in our staff report. They were about 820 or 830 to 900. City Manager: 808 to 900. Mayor Partain: 808 to 900, so almost 92 foot. Mr. Marcell: The final design of the units would be dictated by the parking below. Council Member Waller: So, in fact, because of the amended parking, you have been able to increase the amount of square footage for the apartments. Each and every apartment, correct. Mr. Marcell: If the units above the parking, if we utilized all of the space we could, theoretically, go up to 900 sq.ft. Council Member Waller: So we are offering them something better. Council Member Connors: Originally, there was a 9 x 12 laundry room involved here. Has it been eliminated. By this amended plan. Or am I missing it. Mr. Marcell: On the amended parking plan we didn't show the laundry room because we didn't feel it was an issue, but there is adequate space to put a laundry room, for instance, adjacent to one of the parking stalls. We really didn't show it because we were concerned with the parking. Council Member Connors: Adjacent to one of the parking stalls like five or eighteen here. Mr. Marcell: Yes, that is correct. Mayor Partain: I'm sorry, what was that statement. Council Member Connors: What had happened to the laundry room that was in the original plan. It was 9 x 12 feet, and I wondered what happened to it. Mayor Partain: What was your last statement, do you have there. Council Member Connors: He said adjacent to a parking space and I asked if he meant next to five or eighteen, which are on either end there. Council Member Russo: Can you show us on the map where it is at. City Manager: It is not there right now. He doesn't have it listed. Mr. Marcell: (Stepping to the map on the wall) A laundry room can either be constructed in this area or this area. It would be a tradeoff whether you are going to have the open space or the laundry room. Page 3 Beaumont City Council December 22, 1986 Council Member Waller: If we were to have the laundry room, does this cut back on the required amount of open space according to Title 17 where it would be out of compliance. Mr. Marcell or Mr. Bounds, either one. City Manager: I have not figured that. I just thought it was being left off. Council Member Waller: Okay, since we are seeing it for the first time, and we are going to approve it -- this kind of scares me. . . City Manager: Is it out of compliance if there is a laundry room added. . Council Member Waller: Yes, and therefore cutting back on the open space. The laundry room is just an additional thing that is being offered. Is that correct. You do not have to have._ Mr. Marcell: The laundry room is not required by code, and I think if you look in the code it states that the requirement is the building does not cover more than 75% of the lot. You are a ways from that figure. Council Member Waller: I just want to get the correct procedure on this. If this passed by us, it is ready to go, is that correct. City Manager: When I came here tonight I thought that it was, in that the proposal is being made, and has the number of square feet, and each living unit, etc. If this is not correct, and if it has to go back to be reworked at their request, then you couldn't pass it tonight. When I received the plan I thought it was an amended parking plan that provided more square feet per living unit, and that plans would be submitted that had to fit this plan. I don't believe that you can - you can't approve a plan unless you know it is going to fit within those parameters. Or what plan they are going to go to. Council Member Waller: So, therefore, we would need to see. City Manager: They either need to say that they are going to go 900 sq.ft., with tandem parking, and you either approve it or not approve it, or if they say, well, we will try to make this work. There is no such thing as making it work. If this is the plan that is to be conditioned as a part of the appeal, then you are allowed to do it. But if it is going to go back to 808 sq.ft. this plan doesn't show it. You can't condition this plan. It can't be subject to this plan if it doesn't meet this plan. Mayor Partain: Mr. Russo, any questions. I have just one question here. On the map that I have before me it shows the tandem parking and it shows nine foot. Is that clear, or is that from centerline to centerline on your supports. And what size, since this is underneath the building, how much would the support cut down that nine foot parking. What type of support are you going to have there. Mr. Marcell: The parking plan that was shown, the parking spaces were 9 x 20 including some support. Page 4 Beaumont City Council December 22, 1986 Mayor Partain: Including the supports, and what size would that be. Mr. Marcell: Approximately six inches. Mayor Partain: Six by six? Mr. Marcell: Yes. Mayor Partain: So you actually have eight foot six in the clear. Is that what you are saying. Mr. Marcell: I don't believe the code is clear whether it is nine foot clear, or how - if it prohibits a post in the parking areas. Mayor Partain: Do you have a comment on that, Mr. Bounds. City Manager: I don't think he is answering your question. You asked if it is 816 or if it is 91. Do you have a clear span of 816 ", or do you have 91. Mayor Partain: Well he has - probably 816 ", right. You are saying a 6 x 6 post, so you have 816" in the clear in the parking area. Mr. Marcell: The intent would be probably about 819" clear. Mayor Partain: Probably about . Did you have some input. Mr. Fagot: Not yet. Mr. Marcell: If the code does require 9 feet, the building can be expanded in width to accommodate 9 foot clear. Mayor Partain: What is the minimum clearance, Mr. Bounds, on parking. City Manager: Nine by twenty. Mayor Partain: It says nine by twenty. City Manager: It doesn't say less 14 inches, or posts, or whatever, it says nine by twenty. Mayor Partain: Nine by twenty - we are talking about in the clear. City Manager: Well, they want to argue. But the code doesn't say that. I'm not arguing that, I am saying it calls for nine by twenty. Mayor Partain: Any further questions. Is that everything Mr. Marcell. Do you have any. . . Council Member Russo: No, I will wait. No questions now. Mr. Marcell: The intent of that parking plan was not as a replacement of the plot plan for your approval. It was just a schematic to show you the intent. An alternative parking plan. Mayor Partain: Go ahead Mr. Waller. Page 5 Beaumont City Council December 22, 1986 Council Member Waller: Okay. From what I understood, again, I don't want to be putting words in your mouth, but you say that you could add on - one, two, three, four - four, six inches - from the - okay - the parking lots 14 through 17, anyway, the four that are covered, the structured area, the posts, you could add 24 inches basically on there - two feet, and still be in compliance? Mr. Marcell: Yes, that is one alternative. Or, another alternative is that the building could be designed with a truss and there would be no posts whatsoever. Council Member Waller: Okay. Mayor Partain: Okay, thank you Mr. Marcell. There are no other questions. Ken Fagot: I think what we are saying is we had a little problem coming up to you people before, and our biggest problem is we had no opportunity to work out anything as far as anything went. We are here to ask for you - ladies and gentlemen - the Council to pass one of these plans for the simple reason, you know, we actually had no open hearings. We went back to the Planning Commission. Everything was closed. We had no opportunity to speak or work out anything as far as our project was concerned. It was basically, pardon my language, I figure it was a headhunt. And, basically, what I mean by that is they wanted to just chop us off and stop everything right where it was. I just can't understand that philosophy. We do a lot of work in your City. I think we are one of the best developers that you have. Bar none, most of our work is done here and we build some nice projects. We don't try to cut any corners. I'm not saying we haven't made any mistakes, we have. We are not perfect, but we do try to put all our efforts toward improving the City. I live here and have for a number of years. We would like to see one of these approved. Like I said, we can, if you gentlemen feel you want your nine feet in the clear we can go with the truss system and alleviate that. That can be part of your conditions if that is your desire. I don't really feel that is a problem because our posts are usually worked out. The only thing you have a problem with a post is if it ends up where a door would be. Otherwise there is plenty of room as far as getting in and getting out. In our economy the way it is today, you might note when you go to these - I don't know, I hate to compare a little job like ours to other parking areas - but there is parking of compact areas, there are all sort of areas. Compact parking - I don't feel a nine by twenty space is a compact area. It is a very large area, and there is, like Mr. Marcell said, three inches on each side of a post, it has to, you know, go into your nine feet area. We have been to the Planning Commission now four times. Believe it or not. We are honestly finding it a little bit hard to work here like that. Mayor Partain: Any questions. Council Member Russo: Yes, just one, for Ken. I think - I can only speak for myself. My personal concern is if it Page 6 Beaumont City Council December 22, 1986 says here nine by twenty, that means clear space. And if it says 900 square feet, then that is what is the square footage is going to be. Mr. Fagot: That is what they will be. That is correct, they will be that. That is what they will be. Council Member Russo: I think what we are saying is - if what we are looking at tonight is what you are proposing, you know, then we have a clear looksee at what we are talking about, but if it is going to change, if it is not going to be nine feet. . . Mr. Fagot: This is what we are proposing. It will be. Council Member Russo: So you are saying, this plan here, 900 square foot units with nine x twenty parking spaces, just as it is laid out here, with tandem parking situation, just as we see it, is what you would like for us to accept as your new plan, and go with it. Mr. Fagot: That is correct. If it is possible, I would like to see a small laundry room added like one of your Council Members, Mrs. Connors, brought up. I would like to see that. We did have that on the other plan. I can transpose and it would still leave - I would like you, you know, if you could mention in your conditions, we still have the 75 - you know, no more than that amount of coverage. We still meet the requirements, and we can, there is plenty of room. They did go over that in the Commission. We are quite adequate in that department. I think it is nice to have something like that. Council Member Russo: How big was that original laundry room, nine by twelve. City Manager: Twelve by twenty. Council Member Russo: Eleven by twenty - twelve by twenty. And it would take either . . . Mr. Fagot: I would say a ten by ten area would be plenty. Even if you needed that much. Council Member Shaw: On here it stipulates, on Item "d ", the parking area free space shall not be less than nine by twenty. Mr. Fagot: I was talking about the laundry room. Mayor Partain: Any further questions. Go ahead Mr. Waller. Council Member Waller: Now, I'm sure the truss system, is adequate for holding up those apartments up above. Mr. Fagot: It would have to be engineered, and it would have to be approved - and we can have it engineered by our engineer, and signed by an engineer, and it would also be engineered by the truss companies themselves, so it is not an unusual thing. Council Member Waller: Okay, would it be, and I am not really trying to help any one special project out, but would Page 7 Beaumont City Council December 22, 1986 it be helpful, like for all contractors or developers, to leave it where it is open where either a truss system is allowed or a system where you can expand the parking places to accommodate the post in the middle. Would you like it either way. I mean, would most developers. Mr. Fagot: Well, normally, I would say your choices with that would be when you are trying to carry big spans. Like we are building a big building in Cherry Valley that has like 50 feet in depth with no posts. So 50 feet in depth, in order not to have posts you have to have a designed truss to carry that. As a matter of fact this particular building does have tile on the roof, so there is a heavy load, but I would say, I don't know what would be preferable, I am not too familiar with trusses to be quite honest, I am more familiar with conventional build, and that would be with the posts. Council Member Waller: In other words, as Mr. Marcell would say, adding twenty -four inches, two feet. So, would most developers like to have that option - either coming up with a truss and /or the additional. . . Mr. Fagot: It would be nice to have the option, yes. Mayor Partain: Any questions. Council Member Connors: Well, I would hate to approve something without knowing exactly what I was approving, and I would like to know whether you intend to put this laundry room on here or not. Mr. Fagot: If that is a problem, I would say no. Mayor Partain: If I understood the statement earlier, that if that was - that he would personally like to see the laundry room. If it is more than the 75 percent coverage, then it becomes a problem, and they would leave it off. Mr. Fagot: If we meet all your setback requirements, and it won't encroach in your percentages so far as the building goes, -I would like to do that if it is possible. But if it delays it any longer, I would say I could live without it, but I think it would be an asset to the project. Mayor Partain: Are there any other questions. Council Member Waller: Is there any way of finding out, with the laundry room added, ten by ten, just like - whether that would, in any way, jeopardize the 75 %. Would you want something like that. Council Member Connors: If we were going to put the condition on, we would have to. Mayor Partain: That can be part of the condition. If it doesn't cover 75% of the lot. Council Member Waller: Well we either have that or the possibility of having a break for five minutes. Mayor Partain: I don't have any further questions. The thing that does concern me is I have - in the tandem parking is not so much on the front, on the street side where you Page 8 Beaumont City Council December 22, 1986 have the drivearound, but often times in the tandem parking into the alley, with a six by six post, that area does concern me, because they do look awfully small when you are trying to get in and out. If it wasn't tandem it probably wouldn't concern me, obviously. Mr. Fagot: Well, I have no problem with a truss if you would rather do that. Mayor Partain: I don't know what the ratio is on steel posts, or if you go to that type of thing .. . Mr. Fagot: We can use that, they use a lot less room because they don't take up a six by area. I am sure you are probably familiar with that, and that is fine. We have no objections to using them either. Mayor Partain: So as long as it can be engineered in such a way that it leaves. . . Mr. Fagot: It would take less area that way, and I. . Mayor Partain: I don't have anything further. Do we have any more proponents. Anyone else in favor that would like to speak. Anyone else for the project. Any more proponents. Okay. Do we have anyone in opposition. Anyone who wishes to speak in opposition. Please.come forward. State your dame and address. Mr. Steve Swinson, 951 California, Beaumont: Well, I am appealing No. 3, but I have a feeling the plot plan is the same. And, so, I want to know if I should speak now, if you are going to approve it now, so you can hear what I feel, or if you approve this one, are you going to approve the next one. Mayor Partain: We should have to take them one at a time, is my understanding. Mr. Swinson: The plot plan is the same. Mayor Partain: If you wish to speak to Number three. . . Mr. Swinson: Can I oppose this one then before. They are the same. Mayor Partain: Yes you can. You can oppose this one. You have the right to do that. Mr. Swinson: The Planning Commission already turned down the plot plan before this. And it had the same amount of parking and requirements. And the reason they turned it down was they were overbuilding a piece of property. They have got too many units on the property. And now, I am totally against tandem parking. I don't know - is it in the Ordinance they can tandem park. You can park tandem parking in the Ordinance. Mayor Partain: Are you asking a question - I would say yes. City Manager: It is not in the Ordinance that you can, but it is not that you cannot. Mayor Partain: Or you cannot. Page 9 Beaumont City Council December 22, 1986 Mr. Swinson: It is not. You cannot tandem park. Mayor Partain: It is not either way. There is no stipulation as to can or you cannot. Mr. Swinson: So the question right now is can they or can they not tandem park. And allowing them to tandem park allows them to overbuild a piece of property. The open space is less and everything is less because they are building more units now, and they are covering the piece of property. The question is should they be able to tandem park or not. I don't think they should. I own rentals across the street. What open space are these people going to enjoy or use. They are going to be out in my yard, or in the street and everywhere else. They have totally blown the piece of property in overbuilding it. So I think the question is about the tandem parking. The reason it didn't work before, the way they had the parking was because they were overbuilding.- Now they have just rearranged the same amount of cars and have put it on there again, and it is the same, really. Oh, they are going to build bigger units now, but the amount of people on there is going to be the same. They are overbuilt. They are overbuilding the property. I disagree with it totally. Thank you. Mayor Partain: Are there any questions of Mr. Swinson. Okay, thank you. Is there anyone else that wishes to speak in opposition to this project. Council Member Russo: Excuse me, I am sorry, can I ask Mr. Swinson a question. Mayor Partain: Would you please come back to the microphone Mr. Swinson.' Council Member Russo: You say you have rental units across the street. Mr. Swinson: I have three rental units on that side lot. I have got two 2- bedrooms, and a 1- bedroom unit. Council Member Waller: What street is it on. Mr. Swinson: It is on Magnolia across the street. Council Member Russo: Do you have any parking other than the off - street parking - do you have any off - street parking for the units. Mr. Swinson: Yes, there is a garage and a driveway for the front house, and a separate - probably for two cars for upstairs and a single car garage for downstairs - for the unit downstairs. Council Member Russo: In addition to the street parking. Mr. Swinson: Right. Council Member Russo: Is there street parking there. Mr. Swinson: Well, I have way more than they do. I have got - if you realize, there is one street parking spot here. On mine, they have one driveway, so they have the whole front. Here, virtually, that is all the street parking there is going to be. They are going to be over - they are Page 10 Beaumont City Council December 22, 1986 going to be everywhere. You have got seven people on that lot, they have guests coming in, there is no parking here. There is going to be parking on the street everywhere. If they have any company at all, they are going to be on the streets. So you figure every lot in Beaumont that was covered like that, the amount of parking you would have. It is just way overbuilt. I feel that, if anything, it should go back to the Planning Commission to have them look at it. Because, what they have done here is totally different than what they had before and they are shoving it in your face to look at. Mayor Partain: Do you have a question, Marshal? Council Member Waller: Yes. Are you aware of the Title 17 density as to what is allowed in that type of zoning. Mr. Swinson: The R -3 zone. I haven't looked at the R -3 zoning for a long time, and it must have changed in say the last four or five years, because there is no way this would be approved so far as open space. Council Member Waller: Okay. Now, if I am not mistaken, Mr. Bounds, how many dwellings per. . . City Manager: 32 per acre. Council Member Waller: 32 per acre, which is. . . Mr. Swinson: Fine, if you can fit the parking. The question here is do you want tandem parking in this town. That is fine if you can fit it on and meet the turnaround requirements. They couldn't meet the turnaround requirements or whatever on the other one, and so they are putting them this way. This is baloney. If that is what you want, and you have got to realize when there is seven units on there, and the amount of people that are going to be visiting and in and out of there on every lot in Beaumont. Council Member Waller: Now this is, Mr. Bounds, this is a 60 by . . . City Manager: 60 x 160. Council Member Waller: Okay. How many, off -hand, ballpark figure, how many more lots of this size do we have. City Manager: I don't have any idea. All over town. Council Member Waller: Most of them are. Mayor Partain: Do we have any more questions of Mr. Swinson. Is there anyone else here that wishes to speak in opposition. Anyone else. Okay, what do we have - 8:21. Okay, come forward and state your name. The public hearing is still open. Bernard Fagot, 9477 Avenida Miravella, Cherry Valley: I appreciate the gentlemen's concern on tandem parking. The only thing is, you know we have a 150 space mobile home park in Cherry Valley with tandem parking. If you outlawed tandem parking there won't be anymore mobile home parks coming around. I think one of your Councilmen lives in a mobile home park, and he has got to have tandem parking. It is an accepted thing. Thank you. Page 11 Beaumont City Council December 22, 1986 The Public Hearing was closed at 8:24 P.M. a. Consideration of Adoption of Negative Declaration 86 -ND- 18. Motion by Council Member Russo, second by Council Member Shaw, to adopt Negative Declaration 86- ND -18. AYES: Council Member Shaw, Waller, Russo and Mayor Partain. NOES: Council Member Connors. ABSTAIN: None. ABSENT: None. b. Consideration of Approval of Plot Plan 86- PP -19, as amended. Motion by Council Member Russo, second by Council Member Shaw, to approve Plot Plan 86 -PP -19 as amended, subject to conditions recommended in the Planning Department staff report dated October 21, 1986. Motion by Council Member Russo, second by Council Member Shaw, to amend the main motion to add a Condition No. 14 providing for a maximum 100 sq.ft. laundry room if the space does not exceed the 75% maximum coverage of the lot. VOTE TAKEN ON AMENDMENT TO MOTION: AYES: Council Member Connors, Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. AMENDMENT TO MOTION CARRIED. VOTE TAKEN ON MAIN MOTION. AYES: Council Member Shaw, Waller, Russo and Mayor Partain. NOES: Council Member Connors. ABSTAIN: None. ABSENT: None. MAIN MOTION CARRIED AS AMENDED. 3. APPEAL of Planning Commission Denial of Plot Plan 86- PP -20. Applicant: Fagot Bros. Construction. Location: 851 Magnolia. Proposed construction of two seven unit apartment buildings. The Public Hearing was opened at 8:37 P.M. Mayor Partain: At this time do we have any proponents. Anyone to speak on behalf of the project. Mr. Harvey Marcell, engineer for the project: This plot plan is similar to the one that you just looked at before with the exception that the developer has two lots that are adjacent to each other, and he would like to build the same type of units because when you build repetitive units there is some cost savings. It just works out better for the developer. On this project, the reason that he wants to build individually on each lot is for financing purposes, rather than do a project combining the lots. Page 12 Beaumont City Council December 22, 1986 The intent again would be to provide a laundry room on the first unit, and if the second set of buildings was built than the laundry room would be deleted. Thank you. Mayor Partain: Okay. Just a minute Mr. Marcell. Mr. Russo. Council Member Russo: Let me understand you. You say now you are going to do the second unit, but you are not going to build a laundry room in the second unit. Mr. Marcell: We would probably. . . Mr. Ken Fagot: I am Ken Fagot, the builder. I would like the same exactly as what we asked for before. I would prefer to have each one - I think it is important that they do, as it gives it kind of an individual thing, and I think sometimes, it gives more of a easier way of doing it by handling it that way instead of one going to the other, and I think it is called for, when you have two or three machines _I think there is a need for more, so I prefer if we had more and keep them separated that way. Council Member Russo: So you are saying exactly the same design. . . Mr. Fagot: That we would like to have another maximum square feet on each. Mayor Partain: Any further questions of Mr. Marcell. Mr. Waller, do you have any. Ms. Connors, Mr. Shaw. Any other proponents. Anyone else wishing to speak on behalf of the project. Mr. Swinson, you are listed as an opponent here. Would you like to come forward please. State your name and address. Mr. Steve Swinson, 951 California Street: What I was saying before, and Mr. Bounds must - I must have said it wrong or he must have misunderstood me, I didn't say they were going to add more units, they are going to be bigger units and there will be more people. On the tandem parking, you have got tandem parking at your house, and you have got it at mobile home parks and that is fine. But it controls the density of it. At your home you are not looking at eight or fourteen bedrooms. Your looking at three or four bedrooms and sure, you are going to have some tandem parking there. When we talked about tandem parking here it regulates the whole open space and everything of that project. Sure you can have 75% coverage if you can get the parking on there. If you can't get the parking the way it is designed, then you can't have it. Thank you. Mayor Partain: Any questions of Mr. Swinson before he sits down. Anyone else wishing to speak in opposition. Anyone else wishing to speak in opposition. Anyone else wishing to speak. The Public Hearing was closed at 8:41 P.M. a. Consideration of Adoption of Negative Declaration 86- ND-19. Motion by Council Member Waller, second by Council Member Russo, to adopt Negative Declaration 86- ND -19. Page 13 Beaumont City Council December 22, 1986 AYES: Council Member Shaw, Waller, Russo and Mayor Partain. NOES: Council Member Connors. ABSTAIN: None. ABSENT: None. b. Consideration of Approval of Plot Plan 86- PP -20, as amended. Motion by Council Member Waller, second by Council Member Russo, to approve Plot Plan 86- PP -20, as amended, with the conditions recommended by the Planning Department, and with the same condition as listed as Condition No. 14 under 86- PP-19, to provide a maximum 100 sq.ft. laundry room per building so long as it does not exceed the 75% coverage of the lot. AYES: Council Member Shaw, Waller, Russo and Mayor Partain. NOES: Council Member Connors. ABSTAIN: None. ABSENT: None. 4. RESOLUTION NO. 1986 -63 - Intention to Order Abandonment of a Portion of Fourth Street and a Portion of Walnut Avenue. (Continued from December 8, 1986). By previous motion, the agenda item was continued to January 12, 1987. The meeting was recessed at 8:50 P.M., reconvening at 8:58 P.M. 5. Use of City Facilities by Pass Boxing Club. Mr. Russell Rodriquez, Pass Boxing Club, P. O. Box 3156, Beaumont, addressed the Council concerning the Pass Boxing Club's use of Room 12 in the Beaumont Civic Center. There was lengthy discussion involving Mr. Rodriquez and all members of the Council concerning where the participants are from, the membership roster and insurance coverage. This discussion is a matter of record on the tape of this meeting. Mr. Rodriquez was requested to obtain quotes for insurance coverage by the next Council meeting, and provide this information to the Council at that time. Motion by Council Member Russo, second by Council Member Connors, that the boxing club discontinue all activities in Room 12 until such time as the City Council has made a determination as to the further use of that room. AYES: Council Member Connors, Waller, Russo and Mayor Partain. NOES: Council Member Shaw. ABSTAIN: None. ABSENT: None. Page 14 Beaumont City Council December 22, 1986 Motion by Council Member Waller, second by Council Member Shaw, that all other activities which are athletic in nature, that are not covered by insurance whether it be a group or an individual, and specifically this refers to the volley ball, the jazzercise, those that are not sponsored by the City shall cease from being allowed the use of the gymnasium until a determination by this City Council has been made. AYES: Council Member Shaw and Waller. NOES: Council Member Connors, Russo and Mayor Partain. ABSTAIN: None. ABSENT: None. MOTION FAILED. 6. ORDINANCE NO. 635 - SECOND READING - Granting a Non - Exclusive Franchise to Coachella Valley Television to Construct, Operate, and Maintain a Community Antenna Television System Within the City of Beaumont in Accordance with Ordinance No. 529 Subject to the Terms and Conditions Set Forth Herein. Motion by Council Member Waller, second by Council Member Connors to read Ordinance No. 635 by title only. AYES: Council Member Connors, Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. The Ordinance was read by title only by the Deputy City Clerk. Motion by Council Member Shaw, second by Council Member Waller, to adopt Ordinance No. 635 at its second reading by title only. There being no opposition, the motion carried unanimously. 7. Police Department K -9 Dog Proposal. Motion by Council Member Shaw, second by Council Member Waller, to authorize a K -9 program for the Police Department; authorize the use of the $5,100.00 in donations for the purchase of the K -9, the necessary training, materials for the kennel and miscellaneous equipment; and the use of excess funds in Account No. 2050 -6040 (Capital Expenditures- Equipment) for materials and supplies to convert police unit No. 2552. AYES: Council Member Connors, Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. 8. RESOLUTION NO. 1986 -71 - Intention to Order Abandonment of a Portion of Maple Avenue. Motion by Council Member Shaw, second by Council Member Russo, to adopt Resolution No. 1986 -71. There being no opposition, the motion carried unanimously. Page 15 Beaumont City Council December 22, 1986 9. Requesting Applications for Planning Commission. Motion by Council Member Connors, second by Council Member Russo, to request applications for two Planning Commission seats for four year terms on or before January 22, 1987. There being no opposition, the motion carried unanimously. 10. CONSENT CALENDAR: All items listed under Item No. 10, Consent Ca en ar, are considered to be routine by the City Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member or citizen so requests, in which case the item will be removed from the Consent Calendar and considered as a separate item. At the request of Council Member Waller, with the concensus of the Council, Item No. "d" was removed from the Consent Calendar to be considered separately. a. Approval of Minutes of Regular City Council Meeting of December 8, 1986. b. Acceptance of Minutes of Regular Planning Commission Meeting of December 2, 1986. C. Approval of Payment of Warrants as audited per Warrant List of December 22, 1986, in the amount of $52,544.63; and payroll of December 11, 1986, in the amount of $39,479.12. e. Report of Action of Planning Commission at Meeting of December 16, 1986. Motion by Council Member Shaw, Second by Council Member Russo, to approve Consent Calendar Items "a ", "b ", "c" and go e AYES: Council Member Connors, Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. 10d. Consideration of Approval of Negative Declaration 86- ND -20. Applicant: Patrick DeZorzi. Location: Southwest of the intersection of Eighth Street and Allegheny Avenue. A proposed fifty -one unit apartment complex, amended to 48 units. Mr. Brien Ross, Beaumont - Cherry Valley Recreation and Parks District, submitted a letter stating an anticipated impact on the Recreation and Parks District by the construction of this apartment complex. Discussion followed concerning the letter received from the Recreation and Parks District. Motion by Council Member Russo, second by Council Member Connors, to approve Negative Declaration 86- ND -20, finding no significant impacts that will not be mitigated. Page 16 Beaumont City Council December 22, 1986 AYES: Council Member Connors, Shaw, Waller, Russo and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. 11. Recess to Closed Session to Consider Personnel Matters Pursuant to Government Code Section 54957 at 11:11 P.M. Reconvene to Regular Session at 11:28 P.M. Let the Record Show the City Manager gave a report regarding personnel matters, but no definitive action was taken. On motion by Council Member Waller, second by Council Member Shaw, the meeting was adjourned at 11:30 P.M. Respectfully submitted, Page 17