HomeMy Public PortalAbout1988BEAUMONT CITY COUNCIL
MINUTES OF
JANUARY 112 1988
The Beaumont City Council met in a regular meeting at 6:00 P.M., on Monday,
January 11, 1988, in the City Council Chambers, with Mayor Partain presiding.
On roll call the following Council Members were present: Bauer, Connors,
Shaw and Mayor Partain. Let the record show Council Member Waller arrived
at 6:07 P.M.
The Invocation was given by Mayor Partain.
The Pledge of Allegiance to the Flag was led by Council Member Shaw.
1. Clerk's Affidavit of Posting.
The Clerk's affidavit of posting the agenda was read into the record
by the Deputy City Clerk.
2. Adjustments to Agenda.
The City Manager reported that Agenda Item No. 4, Public Hearing on
Change of Zone 87-RZ -5, was noticed incorrectly and should be
removed from the agenda in order that it may be renoticed for the
next regular meeting.
Motion by Council Member Connors, second by Council Member Shaw, to
remove Agenda Item No. 4 from the agenda.
There being no opposition, the motion carried with four ayes, Council
Member Waller absent.
3. ORAL COMMUNICATION:
There was no one requesting to speak under oral communication.
4. PUBLIC HEARING - 6:00 P.M. - Change of Zone 87-RZ -5. Applicant: City
of Beaumont. Location: N /side of 6th St., between American and Xenia.
A proposed zone change from CG & RMF (Commercial General and Residen-
tial Multi Family) to CG (Commercial General).
By prior motion, this agenda item -was removed from the agenda for
renoticing.
5. ORDINANCE NO. 652 - FIRST READING - Repealing Sections 17.55.005
through 17.55.200 of the Beaumont Municipal Code and Repealing
17.80.105(d)(5) and Adding a New Chapter 17.55 to the Municipal
Code Entitled Off- Street Parking and Loading.
A report was received from the City Attorney wherein he advised that
he and the Community Development Director had determined certain
changes were necessary in the proposed ordinance. The ordinance was
reviewed section by section, with the City Attorney noting the changes
to be made. The changes, basically, were the deletion of wording
specifying "or adjoining lot" and "or within a specified number of
feet" (150, 300, etc.). 17.55.015, I and J, last line, Subparagraph
(g) rather than (f). In Section 17.55.020 G, Paragraph 2, the words
"or alley" were added in line 4. In Section 17.55.100, the word
"Department" was changed to read "Director ", and the words "and the
City Engineer" were deleted.
Handicapped parking, which was not addressed in this ordinance, was
discussed at length. The discussion covered whether or not handicap
parking should be included in this ordinance, or in a separate ordi-
nance, as well as what the City can require in addition to the State
requirements.
It was decided the ordinance would be considered for its first
reading tonight, with all amendments discussed included except
Page 1
Beaumoi_- City Council
January 11, 1988
handicapped parking. The City Attorney is to submit information,
including State requirements, to the City Council relative to
handicapped parking.
Motion to Read Ordinance No. 652 by title only.
Motion by Council Member Waller, second by Council Member Shaw,
to read Ordinance No. 652 by title only, to include all of the
changes outlined except nothing relative to the section on
handicapped parking.
AYES: Council Member
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Bauer, Connors, Shaw, Waller and
The Ordinance was read by title only by the Deputy City Clerk.
Motion to Pass Ordinance No. 652 at its first reading by title
only.
Motion by Council Member Connors, second by Council Member Bauer,
to pass Ordinance No. 652 at its first reading by title only.
AYES: Council Member Bauer, Connors, Shaw and Mayor Partain.
NOES: Council Member Waller.
ABSTAIN: None.
ABSENT: None.
6. Request Authorization for City Manager to Negotiate Possible
Changes in a Lease Agreement, with option, to Exchange Real
Property between the Beaumont Unified School District and the
City.
A report was received from the City Manager. This report is a
matter of record in the Clerk's file.
Motion by Council Member Shaw, second by Council Member Bauer,
to authorize the City Manager to negotiate with the Beaumont
Unified School District regarding changes in the Lease Agree-
ment, with option, to exchange real property, as follows:
1. That lots 1 and 2 of Block 87 be added to lots
3, 4, 5, 6 and 8 of Block 87 being exchanged
to the City, and that the $75,000 cash from
the District to the City be lowered by $45,600
($22,800 each for lots 1 and 2) to $29,400 cash.
2. That one -half (40 feet wide) of the vacated 7th
Street be granted to the City if lots 1 and 2
are exchanged.
There being no opposition, the motion carried unanimously.
7• ORDINANCE NO. 655 - FIRST READING - Repealing Chapter 9.24 of
the Beaumont Municipal Code and Adding to the Beaumont Municipal
Code Chapter 9.24 Entitled Curfew for Minors.
The City Attorney presented his verbal report concerning the
changes made to the ordinance as requested by the City Council,
as well as two additional changes he felt should also be made.
Minor changes were made to the Ordinance in Section 9.24.010,
line 8, the word "over" was deleted, and in line 9, the words
"and over" were added after the words "eighteen years of age ".
There was a question from Council Member Shaw for clarification
of the age limit, and comments from Council Member Connors,
Council Member Waller and Mayor Partain.
Page 2
Beaumont City Council
January 11, 1988
Motion to Read Ordinance No. 655 by title only.
Motion by Council Member Connors, second by Council Member Bauer,
to read Ordinance No. 655 by title only, with all amendments in-
cluded.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
The Ordinance was read by title only by the Deputy City Clerk.
Motion to Pass Ordinance No. 655 at its first reading by title
only.
Motion by Council Member Connors, second by Council Member Bauer,
to pass Ordinance No. 655 at its first reading by title only.
AYES: Council Member Bauer, Connors, Shaw and Mayor Partain.
NOES: Council Member Waller.
ABSTAIN: None.
ABSENT: None.
8. RESOLUTION NO. 1988 -2 - To Rescind Negative Declaration 84 -ND -1,
Relating to Wastewater Treatment Plant No. 2.
A report was received from the City Manager indicating this re-
solution is the result of a decision by the Court relative to
the litigation involving this project. Although the Court
ordered only a portion of Negative Declaration 84 -ND -1 be
rescinded, his recommendation is the negative declaration be
rescinded in its entirety.
There were no comments from the Council.
Motion by Council Member Shaw, second by Council Member Connors,
to rescind Negative Declaration 84 -ND -1 in its entirety.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None. '
9. Request from Glory to God Ministeries for Use of Gymnasium on
a Regular Weekly Basis for Church Services.
A report was received from the City Manager giving the background
information concerning this request, and his reason for bringing
it to the Council.
There was lengthy discussion concerning this request and the
feasibility of committing the gymnasium for a regular weekly use
such as this.
One problem cited was the insufficient heating and cooling system
in the gymnasium. Another was the problem when a City holiday
fell on Wednesday, making it necessary for special arrangements
to open and close the building.
There was also discussion concerning a regular commitment such
as this making it impossible for others in the community to use
the gymnasium for other, non - regular, events.
Let the record show Council Member Shaw was excused at 7:29, re-
turning to his seat at 7:32.
Page 3
Beaumont City Council
January 11, 1988
Motion by Council Member Waller, second by Council Member Connors,
to deny the request of Glory to God Ministeries for use of the
gymnasium on a regular weekly basis.
AYES: Council Member Bauer, Connors, Waller and Mayor Partain.
NOES: None.
ABSTAIN: None
ABSENT: Council Member Shaw.
10. Consideration of Applications Received to Fill Vacancy on
Planning Commission. (Continued from December 14, 1987).
Let the record show Council Member Bauer was excused at 7:36,
returning to his seat at 7:39.
It was noted that two of the applicants, Mr. Witt and Mr. Bruner,
were present.
Motion by Council Member Connors, second by Council Member Shaw,
to appoint Mr. Richard C. Bruner to fill the vacancy on the
Planning Commission for the unexpired term of Ralph Tapp, which
term expires December 31, 1988.
AYES: Council Member Connors, Shaw and Mayor Partain.
NOES: Council Member Waller.
ABSTAIN: None.
ABSENT: Council Member Bauer.
11. a. Consider Authorizing the Execution of a Contract to Reroof
the Civic Center Building.
b. Consider Authorizing a Budget Adjustment for Account No.
1450 -6030, from $1,000.00 to $32,785.00, to allow for Roof
Repair.
Let the record show Council Member Waller was excused at 7:39,
returning to his seat at 7:43•
A report was received from the City Manager. This report is a
matter of record in the Clerk's file.
Mr. Irish D. Mitchell addressed the Council, pointing out work was
done on the roof by Dean Roofing in 1981, and he thought there was
a ten year warranty, so perhaps the City should try to recover
something from Dean Roofing.
Mr. Bounds pointed out that information had been given to him that
Dean Roofing had been asked to come back on several occasions,
prior to the time Mr. Bounds came to Beaumont, and they refused.
Motion by Council Member Waller, second by Council Member Shaw,
to authorize the execution of a contract to reroof the Civic
Center Building with Nottingham Construction Co., in the amount
of $31,785.00, and authorize a budget adjustment for Account No.
1450 -6030, from $1,000.00 to $32,785.00, to allow for roof repair.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
12. Request from Council Member Waller for Consideration of a Pro-
posal Relating to the Zoning Problem in the Special Study Area.
There was lengthy discussion involving all members of the Council,
the City Attorney, the City Manager and Mr. Irish D. Mitchell
relative to Mr. Waller's proposal. No action was taken.
Page 4
Beaumor City Council
January 11, 1988
13. CONSENT CALENDAR - All items listed under the Consent Calendar
are considered to be routine by the City Council and will be
approved on 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.
a. Approval of Minutes of Regular City Council Meeting of
December 14, 1987•
b. Acceptance of Minutes of Regular Planning Commission
Meeting of December 1, 1987.
C. Approval of Warrants as audited per Warrant List of
January 11, 1988, in the amount of $173,296.98; and
Payrolls of 12/10/87 and 12/24/87, in the amounts of
$41,471.82 and $44,389.42 respectively.
d. Authorize a Change in the Salary Range for Sewage Plant
Operator II.
e. RESOLUTION NO. 1988 -1 - Approving Final Parcel Map No.
21848 and Authorizing Recordation Thereof. Applicant:
Frank Rouse.
f. RESOLUTION NO. 1988 -3 - Approving Final Parcel Map No.
20501 and Authorizing Recordation Thereof. Applicant:
John Jones.
g. Declare 1983 Dodge Diplomat, VIN # 2B3BG26S4DR213717,
unsuitable for City use, and Authorize the City Manager
to Salvage the Vehicle for Parts and Dispose of the
Body and Frame.
h. Approving the Comprehensive Annual Financial Report
(Audit) for Year Ended June 30, 1987, as Submitted
by Conrad & Associates. (Continued from December
14, 1987).
i. Report of Action by Planning Commission at Regular
Meeting of December 15, 1987.
Motion by Council Member Shaw, second by Council Member Connors
to approve the Consent Calendar.
AYES: Council Member
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Bauer, Connors, Shaw, Waller and
14. Recess to Closed Session Pursuant to Government Code Section
54956.9(x) to Confer with Attorney Regarding Pending Litigation
which has been initiated formally, and to which the City is a
party.
The title of the litigation is Howlett vs the City of Beaumont,
Case No. Riverside Superior Court 167158.
The meeting was recessed to Closed Session at 8:23 P.M.
The meeting was reconvened to Regular Session at 8:45 P.M.
Let the Record Show a report was given regarding the pending
litigation and direction was given to the Attorney, but no
definitive action was taken in Closed Session.
There being no further business to come before the Council, on
motion by Council Member Bauer, the meeting was adjourned at
8:46 P.M.
Respectfully submitted,
i
BEAUMONT CITY COUNCIL
MINUTES OF
JANUARY 25, 1988
The Beaumont City Council met in a regular meeting at 6:00 P.M., on Monday,
January 25, 1988, in the City Council Chambers, with Mayor Partain presid-
ing.
On Roll Call the following Council Members were present:. Bauer, Connors
Shaw, Waller and Mayor Partain.
The Invocation was given by Council Member Bauer.
The Pledge of Allegiance to the Flag was led by Council Member Waller.
1. Affidavit of Posting.
The affidavit of posting the agenda was read into the record by
the Deputy City Clerk.
2. Adjustments to Agenda.
There were no adjustments to the agenda.
3. ORAL COMMUNICATION:
There was no one requesting to speak during
4. PUBLIC HEARING - 6:00 P.M. - Change of Zone
City of Beaumont. Location: N /side of 6th
and Xenia. A proposed zone change from CG
General and Residential Multi Family) to CG
The Public Hearing was opened at 6:12 P.M.
oral communication.
87-RZ -5. Applicant:
St., between American
RMF (Commercial
(Commercial General).
There were no proponents or opponents requesting to speak.
The Public Hearing was closed at 6:13 P.M.
The City Manager presented a verbal staff report concerning this
zone change stating the General Plan and Zoning Map are in con-
flict in this area, and after review the Planning Commission is
recommending that it be commercial general, thereby bringing it
into conformance with the General Plan.
Answering a question from Council Member Connors, the City
Manager confirmed that a commercial general zone would allow
offices.
a. Consideration of Adoption of Negative Declaration 87- ND -40.
Motion by Council Member Waller, second by Council Member Shaw, to
adopt Negative Declaration 87- ND -40.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
b. ORDINANCE NO. 656 - FIRST READING - Rezoning Certain Property
from Commercial General and Residential Multi Family (CG and
RMF) to Commercial General (CG). Applicant: City of Beaumont.
Location: N /side of 6th Street, between American and Xenia.
Page 1
Beaumont City Council
January 25, 1988
Motion to Read Ordinance No. 656 By Title Only.
Motion by Council Member Waller, second by Council Member Shaw, to
read Ordinance No. 656 by title only.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
The Ordinance was read by title only by the Deputy City Clerk.
Motion to Pass Ordinance No. 656 at its first reading by title only.
Motion by Council Member Waller, second by Council Member Shaw, to
pass Ordinance No. 656 at its first reading by title only.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
END PUBLIC HEARINGS.
5. ORDINANCE NO. 653 - FIRST READING - Repealing Section 17.65.205 of
the Beaumont Municipal Code and Adding to the Beaumont Municipal
Code Section 17.65.205, General Landscaping Provisions.
The City Manager presented a verbal staff report concerning this
ordinance.
Mayor Partain asked for clarification of the definition of open
space. The definition contained in Title 17 was read by the
Community Development Director, and discussion followed to further
clarify those areas that are required or included in open space.
Motion to Read Ordinance No. 653 By Title Only.
Motion by Council Member Waller, second by Council Member Shaw, to
read Ordinance No. 653 by title only.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Motion to Pass Ordinance No. 653 at its first reading by title only.
Motion by Council Member Shaw, second by Council Member Connors,
to pass Ordinance No. 653'at its first reading.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
6. ORDINANCE NO. 652 - SECOND READING - Repealing-!Sections 17.55.005
through 17.55.200 of the Beaumont Municipal 'Code and Repealing
17.80.105(d)(5) and Adding a New Chapter 17.55 to the Municipal
Code Entitled Off- Street Parking and Loading.
A report was received from the City Attorney concerning this pro-
posed ordinance.
Page 2
Beaumont City Council
January 25, 1988
Council Member Waller questioned the feasibility of adding the
words "or alley" to Section 17.55.020.G.2 (page 5 of the
Ordinance), since he felt the size of the lots would necessitate
some type of backing out.
He also felt this addition should be reviewed by the Planning
Commission since it was added after they completed their review
and recommendation.
There was discussion relative to Mr. Waller's concern, with the
Community Development Director demonstrating the types of parking
layouts which could be planned to accommodate this requirement.
Motion to Read Ordinance No. 652 By Title Only.
Motion by Council Member Waller, second by Council Member Shaw,
to read Ordinance No. 652 by title only.
AYES:
Council Member
Mayor Partain.
NOES:
None.
ABSTAIN:
None.
ABSENT:
None.
Bauer, Connors, Shaw, Waller and
The Ordinance was read by title only by the Deputy City Clerk. .
Motion to Adopt Ordinance No. 652 at its second reading by title
only.
Motion by Council Member Connors, second by Council Member Bauer
to adopt Ordinance No. 652 at its second reading by title only.
Mayor Partain questioned whether or not the ordinance could be
changed at its second reading.
The City Manager indicated it would then become a first reading,
which can be done with renoticing.
The Community Development Director, Steve Koules, requested that
if the Ordinance went back to first reading, he would like to
suggest a change to one parking requirement for commercial use.
The revised ordinance provides for one space per 250 sq.ft.
irrespective of the size of the building, and he feels the ratio
of parking should be higher.
The City Manager recommended that since the handicap parking had
been pulled out and other questions raised, and we now have Mr.
Koules new on board, perhaps they would want to send it back to
the Planning Commission, requesting additional study of the areas
which have been questioned, and have the ordinance meet with
everyone's satisfaction at the time of adoption.
The motion and second were withdrawn by Council Members Connors
and Bauer respectively.
Motion by Council Member Waller, second by Council Member Bauer,
to return Ordinance No. 652 to the Planning Commission for fur-
ther study of three areas, as follows:
1. The addition of the words "or alley" in line 4 of Section
17.55.020.G.2.
2. Adding handicapped parking provisions to this ordinance.
3. Recommendation from Community Development Director that
the ratio of parking should be higher for commercial use.
This ordinance provides for one parking space for every
250 sq.ft. irrespective of size of building.
Page 3
Beaumont City Council
Januar 35, 1988
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
7. ORDINANCE NO. 655 - SECOND READING - Repealing Chapter 9.24 of
the Beaumont Municipal Code and Adding to the Beaumont Municipal
Code Chapter 9.24 Entitled Curfew for Minors.
Motion to Read Ordinance No. 655 By Title Only.
Motion by Council Member Connors, second by Council Member Bauer,
to read Ordinance No. 655 by title only.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
The ordinance was read by title only by the Deputy City Clerk.
Motion to Adopt Ordinance No. 655 at its second reading by title
only.
Motion by Council Member Connors, second by Council Member Bauer,
to adopt Ordinance No. 655 by title only.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
8. Consideration of Reappointment of Three Members of the Senior
Center Advisory Commission.
A report was received from the City Manager concerning these
reappointments. This report is a matter of record in the Clerk's
file.
Motion by Council Member Shaw, second by Council Member Bauer,
to reappoint Ray Tiber, Helen Sara and Earl Merrill to the
Senior Center Advisory Commission for two year terms.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
9. Report Concerning Negotiations with Beaumont Unified School
District Relative to Exchange of Real Property.
The City Manager presented his report concerning negotiations
with the school district. This report is a matter of record
in the Clerk's file.
Let the record show Council Member Waller was excused at 7:11,
returning to his seat at 7:17.
Motion by Council Member Shaw, second by Council Member Bauer,
to authorize the City Manager to continue negotiations with
the Beaumont Unified School as outlined in his letter dated
January 25, 1988.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Page 4
Beaumont City Council
January 25, 19,88
10. CONSENT CALENDAR - All items listed under the Consent Calendar are
considered to be routine by the City Council and will be approved
on 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.
a. Approval of Minutes of Regular Council Meeting of January
11, 1988.
b. Acceptance of Minutes of Regular Planning Commission Meeting
of December 15, 1987.
C. Approval of Warrants as audited per Warrant List of January
25, 1988, in the amount of $139,670.11; and Payroll of
January 7, 1988, in the amount of $44,584.30•
d. Authorize a Change in the Salary Range for Sewage Plant
Operator II.
e. Report of Action by Planning Commission at Meeting of January
19, 1988.
Motion by Council Member Shaw, second by Council Member Connors, to
approve the Consent Calendar.
AYES: Council Member Bauer, Connors, Shaw, Waller 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, second by Council Member Bauer,
the meeting was adjourned at 7:22 P.M.
Respectfully submitted,
City Clerk
Page 5
BEAUMONT CITY COUNCIL
MINUTES OF
FEBRUARY 8, 1988
The Beaumont City Council met in a regular meeting at 6:00 P.M., on
Monday, February 8, 1988, in the City Council Chambers, with Mayor
Partain presiding.
On Roll Call the following Council Members were present: Bauer, Connors
Shaw, Waller and Mayor Partain.
The Invocation was given by Council Member Connors.
The Pledge of Allegiance to the Flag was led by Council Member Shaw.
1. Affidavit of Posting.
The affidavit of posting the agenda was read into the record by
the Deputy City Clerk.
2. Adjustments to Agenda.
There were no adjustments to the agenda.
3. ORAL COMMUNICATION:
There was no one requesting to speak during oral communication.
PUBLIC HEARINGS - 6:00 P.M.
4. TENTATIVE PARCEL MAP 23086 - Applicant: Kenneth E. Lien. Location:
W side of Palm Avenue approx. 300 feet south of intersection with
13th Street (1265 Palm Avenue). A proposed division of .40 acre
into two parcels. (87- PM -8).
The Public Hearing was opened at 6:07 P.M.
There were no proponents or opponents requesting to speak.
The Public Hearing was closed at-6:08 P.M.
A staff report concerning this tentative parcel map was presented
by the Community Development Director, Steve Koules, with recom-
mendation of the Planning Commission for approval.
a. Consideration of Adoption of Negative Declaration 87- ND -41.
Motion by Council Member Waller, second by Council Member Shaw, to
adopt Negative Declaration 87- ND -41, including the findings as set
forth in the Negative Declaration.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
b. Consideration of Approval of Tentative Parcel Map 23086.
Motion by Council Member Bauer, second by Council Member Connors to
approve Tentative Parcel Map 23086.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
.,- -- 1
5. SPECIAL STUDY AREA - Urgency Ordinance
General Plan Amendment - CC -GP -1, Cha:
Rezoning from Residential High Density
Family that Portion of the City within
From the Western City Limits to Cherry
Street to 11th Street.
Beaumont City Council
February 8, 1988
No. 651. City Initiated
age of Zone 88 -RZ -1.
to Residential Single
the following boundaries:
Avenue, and from 6th
Prior to opening the Public Hearing, the Mayor requested the Commun-
ity Development Director to present an overview of the recommendations
from staff and the Planning Commission as of this date. This overview
is as follows:
Mr. Koules: As a quick background, and for the benefit of the
audience, your Commission, on December 14, extended the existing 45
day interim ordinance for an additional 90 days, ending on March 23,
1988, and directed staff to proceed with a interim study.
On January 19, staff went to the Planning Commission with recommenda-
tions for the study area. The Planning Commission held a special
meeting on January 26, a week later, at which time they - the
Planning Commission - recommended changes implementing the study
area. I had broken down the study area into twelve areas, and I
wish to just give you a brief background at this point.
As we all know, the special study area goes from 6th Street to 11th
- from the westerly City limits to Cherry and Illinois Avenue.
Within that area we delineated those areas that are presently zoned
residential high density, and broke down that area of high density
into twelve sub - areas. Now a couple of sub -areas were created to
resolve a plan and zoning inconsistency. That is, the general plan
and the zoning were not consistent with each other, and State law
requires that those two be consistent. So those areas were separated
out.
At a later point in the presentation I will go through each of these
twelve sub - areas, and delineate them and talk about the recommenda-
tion and existing land uses within each area. But as an overview
right now, the recommendations to you from the Planning Commission
are to take a portion of the area east of the business - central
business district corridor along both sides of Beaumont Avenue and
make that area from between 10th and 11th, basically, down to the
commercial zone on the north side of 6th Street, and pretty much up
to California - we will go specifically through this area - into
multiple family density - sixteen,dwelling units to the acre.
Similarly, on the east side of the commercial strip along Beaumont
- and back of Beaumont Avenue, the Planning Commission recommendation
to you is to have a sixteen dwelling unit to the acre density from
10th Street down to 8th, and to the first two blocks - more or less -
two blocks - this irregular shape, and we will go through that.
The rest of the recommendation, as recommended by staff, basically,
to take all the property east of the commercial strip along Beaumont
Avenue to Pennsylvania Avenue, make that multiple family, sixteen
dwellings to the acre, and take the block from the east side of
Pennsylvania Avenue up to 11th, make it - keep it high density
residential. Now again, it requires a great elaboration of the
areas. We are talking about specific recommendations, and I will
proceed at your wishes to go through that.
The Public Hearing was opened at 6:16 P.M.
Mayor Partain: Ladies and Gentlemen, as you are called forward to
speak, if you would please, state your name and your address
clearly into the microphone so we can have it as a matter of record,
and remember you have three minutes to speak. That is quite a long
time, believe it or not, and you will have ample opportunity in
that time frame, to get your point across. If, after you have
finished speaking, you would hold for just a second in case there
are some questions about what you said that the Council might
want to ask you to clarify anything that you might have said.
Page 2
Beaumont City Council
February 8, 1988
Okay, we will start with the proponents, and we have Neal Baker.
You are opposed. You have in favor of marked. Okay. That is
fine. Artie McMillan.
Artie McMillan, 1277 Pennsylvania: I am the person who presented
the Council and the Planning Commission at the very beginning, with
petitions totaling 230 signatures, who were in favor of the single
family zoning. I have - would you like for me to read the petition
that I circulated around.
Mayor Partain: If you so wish.
Ms. McMillan: Yes. Because I would like to make a comment concern-
ing it. Reading from the petition, "we, the undersigned do petition
the Beaumont City Council and the Planning Commission to take the
necessary steps to revert the study area of urgency ordinance 651
back to single family residential zoning. We feel that immediate
action is required to permanently clarify the issue. We do under-
stand that this will, in no way, affect construction for which
building permits have already been issued."
Now, when I presented these to our citizens the majority of them,
I think maybe two or three - they were amazed that this had
happened. They thought they were already in single family residen-
tial zoning, and they wondered when they had been changed over to
R -3. I have attended each meeting, and I am hoping it will be
explained tonight how the change came about in 1984. How the
formula was changed, and not the planning - zoning was changed -
but just the formula. And I would like to have that explained.
Although I live in the next block north, I have no assurance but
what something like that might happen to me. I am in single
family zoning, and I want it to remain so. And if this can happen
to other people who thought they were in family zoning, I am the
same. I have no assurance that it wouldn't happen to me. So I
had a few helpers to go around with me to present petitions and
get signatures, and they were more than ready to sign because they
thought their home was already single family. And there were 230,
so you can just imagine - 230 people sitting out here - which, so
many of them were senior citizens and could not come tonight. So
many don't get the Record - Gazette and knew nothing about it, and
I couldn't contact all of them. You wanted to say something.
Mayor Partain: No, but
going to hold everybody
just a minute. Do we h
comments. Okay. Thank
speak in favor of. All
right ahead.
I was going to say your time is up. I am
to their three minutes this evening. Okay,
ave questions anybody? Any questions or
you very much. Anyone else wishing to
right. You want to just come forward. Go
Valerie Monroe, 666 California: I am not so concerned - I know a
lot of people are concerned about their property values, and most
of the problems that have evolved have to do with money. But I
know that where I want to live, and where we live now, is residen-
tial to the north of us, and, of course, it is commercial south
of us. But in the future I want to see it single family residential.
It is important to me as to where we live. We just bought the home
three years ago, and we are fixing it up. We got a good deal on it,
and I am concerned not with when I am going to be selling it, I am
sure - I am concerned about living in it right now. And living
there in the future, and I would just like to continue to see the
zoning of it single family residential.
Mayor Partain: Okay. Any questions. Any other proponents. Any
one else wishing to speak in favor of.
Harold Spaulding, 914 Palm Avenue: I just
agenda item into the agenda. I have lived
the latter part of 1945• I was not aware
changing some of the residences into high
Page 3
wish to insert my little
in the pass area since
of the changes in 1984
density either. And then
Beaumont City Council
February 8, 1988
living in Beaumont for the number of years that I have, and in my
profession, I have not known property values to be increased adja-
cent to condominiums, etc. I have heard that this is supposed to
be true. In reality, and the only thing that comes to my knowledge
like the 15th Avenue apartments, I don't believe the farmland
around that has increased in value much since they have been built.
I would be in favor of adopting all of the City of Beaumont present-
ly into R -1, especially in consideration the number of people we
are going to be having influence our community that is right adjacent
to the City limits in the near future. I would be in favor of
strictly single family residences within the City of Beaumont. Any
questions.
Mayor Partain: Questions. Thank you Harold. Okay, any other
proponents. Anyone else wishing to speak in favor of. Please step
forward. State your full name.
Alexander Georgeff, 1025 Magnolia: I moved there three or four years
ago, and I am a proponent of R -1 simply because I see a community
that had a lot of promise. Residential people. And I find that that
isn't happening. You have trailers, you have trucks, you have used
cars, you have various other type of conditions that exist in our
area over there. It is not a community, to my way of looking at it,
that actually is conducive bringing more people in as residents.
Single family residents. Raising families. And to make this
community a community to be proud of. We are not a business dis-
trict. We have a lot of areas open that you can put the multi -
building in. Why pick on the residents that are already here as
R -1s. Or single. That is all I have to say.
Mayor Partain: Does anybody have any questions. Thank you very
much. Okay, any other proponents. Anyone else wishing to speak in
favor of.
Frank Parrott, 655 Edgar: I am a retired civil engineer. I moved
here two years ago. I have been down here to these meetings and I
think he is doing a pretty fair job of parceling it off there. I
live at 655 Edgar. That is across from that big old yellow house
there. My daughter lives over there. And I think, from what I
have seen, he is doing a lot better job than they had before. Now
they are reducing the zoning of my property, and I had figured on
building units in there. Buying the next place to me and putting
some units in there. It reduces the value that much, but I think
as a general rule it is a pretty good plan myself. You allow
plenty of R -1 out there, and it comes back from commercial to
multi - density and multi - family, like R -4, and then on down to R -1.
I think it is a pretty good plan myself. I have been on these
deals before too. Thank you.
Mayor Partain: Okay, I am going to go to opposition now. Mr.
Baker, you wish to speak in opposition to. Please step forward.
Neal Baker, 1875 Business Center Drive, San Bernardino: I pur-
chased the southeast corner of 10th and Pennsylvania through an
estate in - let's see, I obtained ownership of it July of 87,
no, wait a minute, April of 86. At that time it was high density.
I paid 85% more than the appraised value of that property because
it was next to the Tavaglione property. It was zoned that, and
I never figured on it ever be down zoned. I also had a piece at
8th and Michigan, which I had had longer, so I developed that and
finished it - a 24 unit apartment there - and I finished it July
22 of 87. And in one month we leased, rented, 22 units of the 24,
one bedroom units at $350.00 a month, which, to me, gave me notice
that Beaumont needed some apartments. There hadn't been any new
ones built, so I immediately started planning to build on this
property. We designed a 20 unit apartment project, which you see
a picture of it on the wall there. We had to go through the
environmental, get all of the addresses of everyone. We were
about ready to submit in November, when we were told of this
Page 4
Beaumont City Council
February 8, 1988
moratorium. To date, we have approximately $100,000 spent on that
corner in plans and purchase of the property and interest rates.
If it is down zoned, the maximum lots we could get out of that
piece would be three, which would be - at that rate, we would
end up with about $33,000 a lot for land cost, plus the off -site
improvements, a residential lot would cost our partnership
approximately - well, 33 plus 12 to 14 thousand dollar a lot
improvement cost - it would be over $45,000 a lot for three
different residential lots on that property. So you can see it
is quite a financial loss to me and my other partners, two
partners, on that piece of property. We paid cash for it, and
we have expended the money for it.
We feel with the Tavaglione property next door - we designed it
so our entrance to the apartments, the parking lot and that,
would come off of 10th Street, and we thought it was compatible
with the area. We had no idea this was coming up or we would
have been in sooner on it. But the reason we didn't come before
the Planning Commission - I thought it was cut and dried that
they had done it. But then I found out it was in the planning
stage. I do not live in Beaumont, but I do own a business here.
I own Baker's Drive -In, for the last twenty -two years, and I
also own and am putting in the subdivision directly north of
this on 10th and Pennsylvania. We have got several houses built
there, and to show you - you talk about single family. We have
been building a nice single family home in there in the price
range of $80,000, and our sales have been very slow. But the
rental in this town - there must be a demand because the proper-
ty we finished up is fully rented, and, like I said, we rented
22 of the 24 units in the first month that we were open. Is
there any questions.
Mayor Partain: Okay. Thank you. Dan McKinney. Is that correct.
Okay. Come forward.
Dan McKinney, Attorney with Reid and Hellyer, 3880 Lemon Street,
Riverside: Maybe the first point I need to make is there is
nothing particularly wrong with multi - family housing. While a
lot of people like residences, and it might be nice to say no more
multi- family housing in town, there is a market. People want to
live in apartments. People like to live in condominiums. And
they should have that right.
Now, it is important to know where this particular property is.
You will see on this particular map here, it is that green square
just directly to the left of that blue project. The blue project
is Tavaglione's project. Very high density. As a matter of fact
I think Mr. Bounds pointed out earlier, the highest density that
has ever been allowed in there. It is an ugly project.
Now what is being proposed, as I understand, is to put houses next
to that project. And I would suggest a good planning principle
would dictate that you would buffer the most highest density pro-
ject with a single family dwelling. And we would suggest that you
should consider this particular project here. And Mr. Baker's
track record should go noted. The owner of Baker's Burgers for
20 years. But he just finished developing the project at 8th and
Michigan as he pointed out. And that is an attractive project.
It is an asset to the City of Beaumont, as will be this project.
Now it is interesting to point out that a minute ago staff indicated
that all of this was to be high density, and that would make a lot
of sense since it has all been designated high density so far, and
it is next to high density, except I think this particular parcel
has been singled for some reason to be put into low density. And I
would suggest that this particular parcel, and perhaps that entire
block, to the east of Pennsylvania Avenue, south of 10th Street,
should be considered to be left high density and to allow this
tract to continue.
Page 5
Beaumont City Council
February 8, 1988
Now, as a legal matter, I am required to put a few things on the
record. We have some concern about the notice of this meeting.
The notice was published in the newspaper on the lst of February,
and the ten days notice as required by Government Code Section
65854 has not been met, and I think Mr. Ryskamp can address that
later. Many of these people . . .
City Attorney: We might point out it was published earlier, Mr.
McKinney, you have got - your facts are in error.
Mr. McKinney: It was published earlier, however, the entire
project was not published. The map was not published until
February 1st, and it wasn't until February lst that the people
that didn't live in the area found out about this. Such as Mr.
Baker.
All right. He has purchased the property, and I don't mean to
subvert
City Attorney: Well, just so you are accurate in your facts,
and your law, Mr. McKinney, and I don't have any problem if you
can teach us a few things. I am willing to learn.
Mr. McKinney: He purchased the property and spent a considerable
sum in reliance on this multi - family use of that particular pro-
perty, and it is the best use for that property. And the taking,
or inverse condemnation, consequences are pretty obvious in this
situation.
By eliminating, and this is an important point, by eliminating all
multi- family housing in Beaumont, I would have this Council con-
sider whether the General Plan has not become suspect. Because
you are not providing any housing for low income people, and the
people who can't afford to buy their own homes. And this Council
is required to provide in the City of Beaumont a low income element
in its housing plan, as well as circulation, noise and other ele-
ments. And the General Plan in the City is now suspect.
And, by the way, it is unclear to me whether we are under a
moratorium, under the Government Code Section 65858, maybe Mr..
Ryskamp can confirm that. It looks like this is a moratorium.
A General Plan amendment and a zoning change. And that is all
extremely confusing. If this is a moratorium, we need to make
specific findings that the healthy safety and welfare of Beaumont
are in doubt. And I don't think those can be made today. So, if
it is not a moratorium, and it is a General Plan amendment, then
the other procedures have not been done, and I suggest that the
Planning Commission meeting was not the kind of study that is
necessary. Thank you.
Mayor Partain: You had some questions.
Council Member Shaw: Well, you make reference to Tavaglione's
projects. You are not referring to the Cherrywood apartments
for the elderly are you.
Mr. McKinney: That is the one, yes.
Council Member Shaw: Well that is a government project, and I was
instrumental in getting it there. Believe that is one of ten in
the United States and I got it here in Beaumont, and believe me
if everything and anything that goes up will look and is as well
kept as what that project is, I will tell you we will have a
beautiful City. But when you are talking about other types of
projects, that is something else. There is nothing but elderly
people in there, poor people, and it is kept well groomed, the
places are well groomed, and the gardening and everything is taken
care of, because it is a federal project, and that is the only
reason it is in there.
Page 6
Beaumont City Council
February 8, 1988
Mr. McKinney: May I respond sir. What we are pointing out is that
appears to be more of a fortress. No parking, no landscaping, a
very concentrated development on the specific project. And what we
are talking about here is a buffer between that project and houses.
And would not a lower density, 20 units, on more than 3/4 of an
acre be a nice buffer between the senior citizen project and the
homes. Because to put single family dwellings directly next to
that senior citizen project does not seem to be a good land use.
That is our suggestion.
Council Member Shaw: Well, you are making reference to that new
one in back of it. I say, I think that senior project enhances
the City, because I have people come in and ask me what sort of
a complex that is, and I am proud to tell them I was responsible
for it, believe me.
Mayor Partain: Thank you Mr. McKinney. Thank you very much.
Ladies and gentlemen. I realize that there is going to be some
heated discussion, and that certainly is fine, however, from the
audience we need to keep it quiet enough so that the Council can
hear every word that is said by ever who is speaking. And I am
sure that the rest who are in the audience also would like to
hear every word that has been spoken, so let's keep the noise
down here, if we can. Mr. Stevens, our next speaker. He is in
opposition to.
Cole Stevens, Redlands: I have a piece of property in the 700
block of Euclid. . .
Mayor Partain: Ladies and gentlemen, when you talk like that I
can't hear him. When I am going through and at the same time
trying to keep track of what is going on, it makes it difficult.
I am sorry, Mr. Stevens. I didn't mean to interrupt you, but I
couldn't hear you. Go ahead sir.
Mr. Stevens: That's okay. First of all, I would like to know
when this came up. This is the first meeting that I have attend-
ed, and I would like to know whose idea it was, and why it was
brought up, if I may.
Mayor Partain: We will probably - those answers will probably
be given to you after - they were covered in the overview, and
we will cover them again after we close the public hearing. If
you wish to speak to this item, gQ ahead, and we - I'll get back
to . . .
Mr. Stevens: Okay. Let me respond, while I am up here, to a few
of the people that were in favor of this, because I couldn't re-
spond while I was sitting in the audience. One was the question
whether or not your property value would increase or decrease.
It is a known fact in any real estate, you know, person that is in
real estate, or an investor, that a higher density zoning is more
valuable property. Just like commercial is more valuable than any
farm land. Second of all, I would like to know the value or the
background of the signatures that were gotten, whether these were
from renters, or from owners, or from people that even knew what
a zoning was, and are they valid.
Third of all, people that are farmers realize that they are living
in a City. They are not living in the country, and if they want
to farm and they don't want R -3 zoning, then they should seek
something that is zoned for that.
Fourthly, the people that bought, in the last few years, R -3 pro-
perty, should have known or did know that they were buying R -3
property, and if they wanted R -1 property they should have bought
R -1 property.
I live in this area, and I have lived in this area for fifteen
years, and this has come up very quick for me, and I have been
uninformed about it. It seems like it is a kind of a get through
Page 7
Beaumont City Council
February 8, 1988
and to all the people that I talked to, it seems very unfair to
them, and to me, and I would think, for one, as an idea, if you
want to put a moratorium on something, or if you want to restrict
zoning, you ought to give the people that want to build a chance
to build. Something like a year would be a minimum, and espe-
cially the people who have plans in City Hall right now. Beaumont
needs rentals. I know this, and I am sure everybody else is aware
of it. We own some rentals right now, and there is a demand for it,
a great demand. That is all I have to say. Also, who is going to
pay if there is a down zoning for the loss of value that the R -3
people suffer. That is not fair. Thank you very much.
Mayor Partain: Okay. Any questions.
Council Member Connors: Yes. Did you give your address.
Mr. Stevens: Yes. I live on 808 Stillman in Redlands.
Council Member Connors: Thank you.
Mayor Partain: I hope I pronounce this right. Julia Szynkowski.
Is that correct. I hope I didn't butcher that too bad, maam.
State your full name and address please.
Julia Szynkowski, 88$ Cherry Avenue: I am here really to speak for
myself. We had bought a 12 unit apartment house and our house 14
years ago, on Cherry Avenue. We had it for quite a few years, and
then my husband got sick, so we sold the apartments, and are living
in the house next door, and there is about a half an acre of land
with it. And you have - Tavaglione's apartments are next door to me.
On Beaumont Avenue - on Pennsylvania there is apartments, and ones
beside of me. So I am stuck in there, and you have changed that to
single family units. I would not be able to sell that place, I
doubt, to other single family house, because it is surrounded with
these apartments.
City Attorney: Do you know where she is talking about. Everybody
on the Council? One of these.
Mrs. Szynkowski: No, on this side.
City Manager: George, on Cherry.
Mrs. Szynkowski: There. There is all apartments here. I am here.
City Attorney: That is being recommended for apartments, maam.
Mrs. Szynkowski: No.
City Attorney: Yes it is, maam. From the Planning Commission.
Mrs. Szynkowski: Well why is it shown.
City Attorney: It has just been identified as a single family resi-
dence. The recommendation of the Planning Commission is that that
remain residential high density.
Mrs. Szynkowski: You mean if . . .
City Attorney: It is in Area 6, and it is being proposed to be left
RHD.
Neal Baker: May I ask a question then. What is the line. Where do
you stop the high density.
City Attorney: All of 6 and all of 7 were recommended high density.
And one -half of S. That is your buffer, Mr. Baker.
Mr. Baker: How many lots does that include.
City Attorney: It includes . . .
Page 8
Beaumont City Council
February 8, 1988
Mr. Baker: Mine is on the corner.
City Attorney: You own one on the corner, and the one south of it.
Is that all one parcel.
Mr. Baker: No. No. I just own one on the corner.
City Attorney: There is a vacant one, and a vacant one. Okay. It
includes those two, and then one, two, three, four residential lots,
all occupied by single family dwellings. And across the street is
single family dwellings.
Mayor Partain: Okay. Let's not take anymore from the audience, Mr.
Ryskamp.
Mrs. Szynkowski: Does that mean that - what will my property be.
City Attorney: The recommendation . . .
Mayor Partain: The recommendation is for high density. For apart-
ments. Residential RHD.
Mrs. Szynkowski: Okay. Because we have had, at different times,
developers would come and ask if we wanted to sell, and I was
happy there, until now, all of those apartments came in. It is
almost impossible to live there. Thank you.
Mayor Partain: Any questions. Okay. Thank you. Mr. Mitchell, you
are next, sir.
Irish Mitchell, 402 E. 6th Street: Before my three minutes starts,
I just want to mention that I have no vested interest in this project.
In this area. I am a general planner. A real estate broker. And a
general contractor. I am going to make only a few remarks to start,
and that is factual, pickpockets and shoplifters are frowned upon,
but if they are caught, they must pay the penalty. However, when
elected officials and their hirelings are able to steal from the
innocent, and are caught, who pays the penalty, nobody but the
victims.
The only ones to gain by accepting this proposal before you this
evening, will be the City Attorney, and the attorneys for the in-
jured parties. You are entering into an injunction and class
action suit. I am sure your learned counsel will advise you that
you are inside all the bounds of legality. But then, the question
arises, are you morally and ethically right in the area of equity
balance and inbalance.
I have furnished feasible guidelines for an equitable solution that
would eliminate a General Plan change and the legal fees for draft-
ing of papers and public hearings. Many property owners in the
subject area have read my basic plan, and are in accord with it.
Many were signators for Artie Mae on her petition. Many said that
they were given false information or they never would have signed.
The projection was given to the news media, to the City Manager,
to the City Attorney, to the City Planning Director, and to the
four Council persons who were present at the meeting for the
examination of the moratorium. For some unknown reason, the
members of the Planning Commission were never given copies of the
proposal, nor was it brought up orally at their meetings for their
consideration.
Lack of knowledge is excusable, but refusing to listen and study
the true facts, and closing your eyes to the rights of your
constituents, is abhorrable. Your oath of office will be only
empty phrases that are gift wrap papers of ignorance and tied with
the ribbons of falsehood. Today, you have the final say as to
whether you will or will not condemn the project property to a
positive determination, or act to improve our horrible alleys and
unimproved infrastructure. Please do not stand so close to the
Page 9
Beaumont City Council
February 8, 1988
tree that you cannot see the forest, which is basically the future.
Now, if any of you had studied this, including our new director,
and gone through the areas in question, they would see alleys there
that are breeding grounds for rats, rodents of all types, mosquitos,
flies, because nobody is going to improve them, because they cannot
with a single family, old, old house, afford to do anything in the
alleys. You will find the same conditions in the curbs and gutters
all the way through the area. It is becoming a very, very blighted
area. Mr. Bounds knows this. He has gone through there. Anyone
that has gone through there knows that it is. But blight can be
corrected, if, on a single family, 60 foot lot, you could have two
units, then if they put in the extra unit, they would have to im-
prove their alley and their front.
On a larger piece, they could have three units. Or they could have
a garden type. Eliminate any high rise, which is the objectionable
thing. The high rise is what the signatures were obtained on by
telling every single family, would you like a high rise next door
to you, yes or no, sign the paper. Now that is not the fact. If
you would eliminate your high rises to an area of maybe of 180 or
200 feet frontage, and build your high rise in the middle, using
parking and landscaping to the sides, then you would be able to
develop the whole thing. This was done in the City of Fulsom. And
it worked. This was done in portions of the City of Yuba City, and
it worked. Over a transitional period of an old, old area like
this, can be corrected in a period of ten or fifteen years, by
following this general plan. Now we have . . . if I had just a
moment. Would you please give me just a moment.
Mayor Partain: That is it.
Mr. Mitchell: Are you objecting to any - can I speak for one of
these other parties. I have two other things . . .
Mayor Partain: No. Mr. Mitchell. Your three minutes. I have
held everybody to three minutes. It would be unfair not to hold
you to the three minutes.
Mr. Mitchell: Would you ask me a question about infrastructure.
Mayor Partain: Okay, if one of the Council wishes to do that,
because you will have questions asked of you. They will have that
opportunity.
Council Member Bauer: I have a question for Mr. Mitchell.
Mr. Mitchell: Thank you.
Council Member Bauer: I have found out how come we had such a
zoning mess in this town.
Mr. Mitchell: Would you like to know.
Council Member Bauer: I know.
Mr. Mitchell: No you don't.
Council Member Bauer: Because, listen, I have seen the documentation
and I know.
Mr. Mitchell: Tell me what it was.
Council Member Bauer: Okay. On September 21st 1984, which is less
than three and one -half years ago, the City Council doubled the
number of units in medium density and high density.
Mr. Mitchell: Whose fault was that.
Council Member Bauer: That is not the question. My point is that
that thing carried through by a vote of three to one. Three were in
favor of it, and one opposed it. The one who opposed it was you.
Page 10
Beaumont City Council
February 8, 1988
And I can't visualize why you have done such a flip in less than
three and a half years. Thank you Mr. Mitchell.
Mr. Mitchell: I have not done a flip in the last three and a half
years. I was in opposition . . .
Mayor Partain: Excuse me Mr. Mitchell.
Mr. Mitchell: Let me answer the question.
Mayor Partain: You are going to
Excuse me. Ladies and gentlemen,
Let it be quiet so he can answer,
Mitchell.
have an opportunity to answer him.
again. Let Mr. Mitchell talk.
so we can hear. Go ahead Mr.
Mr. Mitchell: Artie Mae wanted to know when this all came about.
Council Member Bauer: Let's leave that out of it. I know when it
came up. . .
Mr. Mitchell: Sir, you do not know when it came up.
Council Member Bauer: . . . .have the documentation.
Mr. Mitchell: You were not here in 1929•
Mayor Partain: Gentlemen. Gentlemen. That is just exactly what
we do not want to happen. There has been a question put to Mr.
Mitchell. Let him answer it.
Council Member Bauer: Could . . .
Mr. Mitchell: With no interruption, thank you.
Council Member Bauer: All right sir.
Mr. Mitchell: All this area was R -2 back in the early 20s. It
changed to R -3 during a period of time in the late 30s or early
¢0s when a party here, who was in power, wanted to build some
apartments in the R -2 area. Overnight it was changed to R -3.
The R -3 did not have a specific density, but it was being
accepted all the way through as sixteen units. In 1980 was the
first big battle we had on a two story apartment that was trying
to be built between 9th and 10th-Street on Wellwood. Between
two single family residences. The builder was Mr. Simmons. I
opposed it very strenuously at that time. We were able to defeat
it the apartment in that place. But then they moved on and put
one between 7th and 8th Street on Wellwood. A two story apart-
ment. To this date that apartment has never passed a City
inspection. We opposed it, but there were some certain consid-
erations given to a number of people in authority at that time,
and that is how it got through.
I have opposed, from the very beginning, two story apartments
contiguous to one story family residences. And, when you said
that I voted against the high density, I voted against the high
density sir, and it was put in by the biggest phony deal that
this City ever had with a $60,000 General Plan throwing high
density into an area that never should have had high density.
It happened.
Now we are talking about the Tavaglione. That was not a high
density project. That is in conformity, very closely, to our
sixteen unit requirements. I remember when it went in because
I worked with Mr. Shaw on that stringently, and we almost lost
the project.
Aside from that, and since you wanted to know just exactly how it
happened. . .
Page 11
Beaumont City Council
February 8, 1988
Mayor Partain: Okay. I think you have answered that one, Mr.
Mitchell. Do we have other questions.
Mr. Mitchell: I want to see if anyone wants to know about infra-
structure.
Mayor Partain: Any other questions. Any questions.
Council Member Connors: Yes.
Mayor Partain: Go ahead.
Council Member Connors: Mr. Mitchell. You gave your address as
402 East 6th Street. Do you live at 402 East 6th, which is in the
study area.
Mr. Mitchell: I believe that that is kind of a cute question. You
know where I live.
Council Member Connors: I think it is a cute thing that you come up
and say that. I just want to know why you give this address.
Mr. Mitchell: I do my - I say, I do my business. I gave my business
address - 402 East 6th Street is my business address. 1299 Pennsyl-
vania is my residence address, and has been ever since you have known
me, and you have known it every hour of the day. Thank you.
Council Member Connors: And, I have one other question. What do you
base your statement on that you have no interest in this project, if
you are in real estate and contracting.
Mr. Mitchell: I have no vested interest in .
Council Member Connors: But you do have an interest.
Mr. Mitchell: I have an interest in the citizens that you are trying
to steal their money from.
Council Member Connors: Yeah. Sure.
Mayor Partain: Are you through.
Council Member Connors: Oh yes.
Mayor Partain: Any further questions. Mr. Waller do you have any-
thing. Mr. Shaw, do you have anything.
Mr. Mitchell: Does anyone want to ask about infrastructure. Mr.
Shaw?
Mayor Partain: Thank you Mr. Mitchell. We appreciate it. Thank you
very much. Mr. Rouse.
Frank Rouse, 7755 Indiana Avenue, Riverside: I am a retired building
contractor. It is hard, Mr. Mayor and City Council people, it is
hard for me to follow some acts like have been on here before, because
they have hit on every point that I have. My attorney happens to be
an associate for this attorney right here. He is working on a case
for me right now in Riverside. I was going to bring him today until
I found out that somebody of the same group was going to be here, and
he has pointed out some excellent questions. I feel that attorneys
that get involved like our attorney right here, in telling the Council
and things how to develop the property, where to move the lines, is
out of line. So I don't need that help right now.
Now I am strictly against what - Mr. Koules has done a beautiful
job on, that is his profession. He doesn't understand that to my
feeling of what is involved with the human element here. Many people
have moved in this area, have bought lots and homes that were in
such a sad shape of repair, ready to fall down, in the general area,
in the number one area as Mr. Koules has designated it. It is an
Page 12
Beaumont City Council
February 8, 1988
area that has to be brought up to standards. Mr. Mitchell brought
this particular one up. I know everybody seems antagonistic to-
ward this man, but he has got some excellent ideas, and I met him
right now.
Now, the thing I am interested in is are we going to let the town
deteriorate. Are we going to let it be run by people that are
going to make an inverse - I have a little article here. It is a
little paper. Inverse condemnation. I would like for you to read
it. You have copies of them there. Read them, read the back and
read the petition. There are several remedies for what is going
on right now. If the Council prefers to go ahead and pass this
like it has been proposed, there is a class action that Mr.
Mitchell has recommended. There is another one in there also, and
that is recall.
We have several options we can follow. To get the public reaction
to this, and not just,you folks that sit up here in a godly posi-
tion. I admire you for taking the position you are, and up where
you are, but, still, to be forced into this constantly by the
attorney at the Planning Commission meeting - we have go to hurry
this up, it must go through. We had a lot of objections by the
people sitting on the City Council. He argued over and above them.
I think something of this latitude must be taken into consideration
over a large period of time, and not be pushed through in 30, 60 or
90 days. And I think it should be on the basis that if I want my
house to be - and I own quite a few pieces of property in Riverside -
so I may not be a resident here, but in essence I pay a lot of taxes
in this town.
And once you do rezone it, you are going to have to make a reevalu-
ation of the tax structure, because you are going from R -3 down to
R -1. And, believe me, this is going to hurt where it hurts the most,
and that is in the pocketbook. Not to me, but to the people that you
are. And I think your constituents, even though there are a few
people that perhaps don't realize the value of their property is
going to go down the minute that you change it down to R -3. Being
a builder I understand that you cannot take and tear a house down
and buy it for $60,000, and build a house in an area that is com-
pletely dilapidated, and expect to even get loans to construct a
decent house, and if you were ever going to sell it, it would be an
impossible thing. Thank you.
Mayor Partain: Okay. Anybody else wishing to speak that hasn't
already spoken. Okay. Would you come forward, and then the other
gentleman that had your hand up, when he has finished, if you
would like to come forward. State your full name and address.
Norman Gordon, 474 Laraine Drive: I am a local businessman. I am
a real estate broker in the area, and no I do not live in the - I
don't have any vested interest in the affected area, but I am a
businessman in the area.
I do not advertise, nor have I ever handled, rentals in my life.
But there isn't one day of my business life that goes by, when my
office is open, that I do not get from three to five calls a day
looking for rentals. You people, in your ultimate wisdom, tell us
we have enough rentals in the area. I don't think you know what
you are talking about. You are not involved every day with the
people who are looking for housing. We do not have enough rentals
in the area. If you want to steer - and I am going to use that
word - if you want to steer into a certain area, where apartments
can be built. That is your decision. I would lose my license if
I were to steer anyone in any direction. It is against the federal,
and it is against the State, mandate that we steer anyone to or
away from any given area. You decide the apartments should be in
a certain area of town. Well I entered the real estate business in
this area in 1974, and I only apologize to everyone that I did not
keep a zoning map from 1974, because I could lay that 1974 zoning
map over 1988 zoning map, and the R -3 would be identical.
Page 13
Beaumont City Council
February 8, 1988
What is R -3 today, is ultimately what it has been since I have been
in this business. The only zone changes that I have seen is south
of 6th Street in manufacturing and what have you. Nothing that has
been R -3, historically, is any different today than what it was
when I entered this business in this town, in this area, in 1974•
The only thing I can see is that people are complaining now, if they
bought a single family residence in an R -3 area, and didn't know it,
they made an uninformed decision when they purchased. Whether they
know it or not, they paid the price. R -3 brings more money than R -1.
That is what it does. It brings more. You buy it for future and
potential use. If the people living in R -3 don't want to have
apartments, that is their business. That is their decision. But
why do you want to deny your neighbor, that bought and paid the
price, and tell them you can't build an apartment here because I
don't like it. I live in an R -1. If you want in an R -1, you
should have bought in an R -1 zone where it would not be permitted.
Any questions.
Mayor Partain: Questions.
Council Member Connors: I have one.
Mayor Partain: Go ahead.
Council Member Connors: When you say that people are calling you
looking for rentals in the area, what area - what area are you .
Mr. Gordon: Anything. Anything.
Council Member Connors: No, what area.
Mr. Gordon: Reasonably, any price - just give me some place to live.
Council Member Connors: Then you mean in the area that you cover.
Mr. Gordon: In the Beaumont area - Banning area - Cherry Valley area.
Any area. Do you have any rentals. And how much is it. Every day.
Three to five calls, and I have never advertised that I handle rental
property. I just happen to own a real estate business.
Council Member Connors: That is what I wanted to know.
Mr. Mitchell: I get ten or fifteen calls a day.
Mayor Partain: Would you like to come forward sir. Ladies and
gentlemen, can we have it quiet. Would you start over sir.
Ron Hoff, 798 Michigan, Beaumont: I have been a 2$ year resident
of this City. My profession right now, I am the resident manager
of the apartment complex that was mentioned earlier, owned by Mr.
Baker, at 8th and Michigan.
I want to comment here regarding the compliments by having people
coming by. The various representatives from the City government,
commenting about the attractiveness of these apartments. That they
have been an asset to the City. And in addition to that, I am also
getting people coming every day, without even having a sign out,
asking, do you have a rental, do you have a rental. They like the
place, they see it, and so on. So what I am suggesting is you are
looking at an area where a apartment house wants to be built in a
contiguous area where apartments are located right now. Why to
exclude a certain portion of that area from building apartment
houses, when already it is zoned for high density, and, as such,
you will find that is a big asset to the City. And, again, like
Mr. Gordon has indicated, there is a big demand for these type of
units. So, I really propose that we reconsider, and that we allow
this property to stand as high density, even if you are just going
to take this particular lot, where it is proposed to build the
apartments, and allow them to build the unit.
Page 14
Beaumont City Council
February 8, 1988
If you want to leave the other houses there
R -1, but you are just going to dilute the v,
Some day they are going to want to sell and
be able to get their money out of it if you
R -1 in a high density area. So, I ask that
that whole area remain a high density area.
and
3.lu e
the
are
you
change them to
of their property.
Y are not going to
going to have an
consider allowing
Mayor Partain: Any questions. All right, thank you very much.
Anybody that hasn't spoken, if they wish to speak. I want to give
everybody the opportunity to speak. Go right ahead.
Betty Anderson, 7755 Indiana, Riverside: My husband and I bought
three small houses in Beaumont - it has been about two and a half
years ago. We tore them apart, rebuilt them, and they were on
R -3 property, which was the reason we bought them. We had, during
the period of each house being refurbished, we were there every
day - and we had probably four or five people a day coming by asking
to get on a list for these houses when they were finished. And, we
didn't have any problem renting them. We were actually able to pick
and choose from any number of people that came by, and we have them
all rented, and we are very happy with them.
But what we had planned on these properties, since they were R -3,
and they are nice large lots, was maybe two small garden apartments
in the back. And we could retire in this area, and we have a piece
of property at the end of Edgar that we were going to build on. But
since this all came about, so suddenly, our whole lives, and our
plans have changed, because what we have now are three very old
houses, that are worth nothing. That no one who wanted to buy them
could get a loan on. And we-had one - at one of the meetings of
the Planning Commission, we had one of the gentlemen say, this area
over there - in area one - would be a good area for young people to
buy their first home. Which is not possible because these houses
couldn't get any loan. They are too old. And there is a lot of
problems with the sewer there. They need upgrading in the sewers,
and you can't get that type of money coming from must a single
family residence.
So the R -3 zoning that is in that area should remain in that area
for the revenue for the town, and for the need for some renters
to bring young people to this area so this town can grow properly,
and get rid of some of the elements that was in houses that we
bought. We got rid of some problems there - some drugs, and we
upgraded those homes into real nice families - and incidentally,
all the people that we rented to were from other areas. From
Arizona - and one of the people were from San Bernardino. None of
them were from the Beaumont area, but they are here permanently to
live. Thank you very much.
Mayor Partain: Questions. Okay.
Nathan Guerriero, 10130 Utica Way, Cherry Valley: I am a real
estate broker. I actually do business up in Cherry Valley a lot
more than I do down here. The problem here - two other brokers
stated here tonight - the desperate shortage of housing. Believe
me. I don't even charge people who come in and tell me they have
a house to rent. If they will just do that, I get so many calls
in the course of a day, that I just refer the calls to them. So
when you say we don't need the housing, that was the thing that I
got so upset about when I went to the real estate board meeting,
got up on the floor a few months ago, and the Record - Gazette
printed a big article about Nathan Gordon. What they did was hit
two birds with one stone, it was Norm Gordon and I doing all the
talking. And we are against too much of this change going on
because, not only are you downzoning these people, but you are
preventing a lot of people who are desperately in need of housing.
And I know how desperate they are. Olga Fleur called me tonight.
Nate, I have got a house on Taylor Avenue - can you rent it.
$650.00 a month for a two bedroom house in Cherry Valley. Sure,
I can rent it. There is nothing else. Thanks.
Page 15
Bea> >nt City Council
February 8, 1988
Mayor Partain: Thanks. Questions. Okay. Last call. Do we have
anybody else that wishes to speak. That hasn't already spoken.
Okay. Anybody after this gentleman. Okay, go right ahead.
Vincent Silva, 650 Chestnut: I bought my property here about two
years ago, and I had seen the R -3 when I purchased it. The reason
I came to Beaumont is because it is developing. I hope that the
town will continue to develop. I mean, I grew up here since 56,
and I just hope that you will see the land owner's point of view.
I hope. Thank you.
Mayor Partain: Any questions. It is 7:11. Okay. The time is
eleven minutes after seven. 7:11. We will close the public
hearing at this time.
The Public Hearing was closed at 7:11 P.M.
The meeting was recessed at 7:13 P.M., reconvening at 7:22 P.M.
Let the record show Council Member Shaw was excused at 7:20 due to
illness.
Petitions circulated by Frank Rouse opposing the proposed changes
were entered into the record.
There was lengthy discussion regarding the study area, the re-
commendations of Planning Staff, and the recommendations of the
Planning Commission, with Community Development Director Koules
reviewing each sub -area individually. A verbatim transcript of
this discussion is being typed, and will be submitted as an attach-
ment to these minutes, however, the balance of the minutes are
being transcribed prior to completion of the verbatim transcript
in order to complete the minutes in time to be included in the
agenda packet of February 22, 1988.
Motion by Council Member Waller, second by Mayor Partain, to have
no further discussion on this item tonight, and direct staff to
place on the next agenda an urgency ordinance to extend the time.
Council Member Connors and Council Member Bauer spoke in opposition
to this motion.
Mayor Partain indicated he agreed the staff had done an excellent
job, and the Planning Commission should be commended for the work
they did under the gun, however, he felt if there were one or two
members of the Council who felt they did not have enough informa-
tion, or are not knowledgeable,enough about the situation to make
a decision, that courtesy should be afforded that individual and
additional time given.
Council Member Waller gave his reasons for the motion.
AYES: Council Member Waller and Mayor Partain.
NOES: Council Member Bauer and Connors.
ABSTAIN: None.
ABSENT: Council Member Shaw.
MOTION FAILED ON A TIE VOTE.
Community Development Director Koules continued his review of sub-
areas one and ten.
Let the record show Council Member Waller left the meeting at 8:50
P.M.
Motion by Council Member Bauer, second by Council Member Connors,
to tentatively approve the recommendation of staff on sub -areas
one and ten.
AYES: Council Member Bauer, Connors and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw and Waller.
Page 16
Beaumont City Council
February 8, 1988
Community Development Director Koules reviewed the recommendations
for sub -area two.
Motion by Council Member Bauer, second by Council Member Connors,
to tentatively approve the recommendations of staff on sub -areas
two and three.
AYES: Council Member Bauer, Connors and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw and Waller.
Community Development Director Koules reviewed the recommendations
for sub -area five, six, seven and eight.
Motion by Council Member Bauer, second by Council Member Connors,
to tentatively approve the recommendations of staff on sub -areas
five, six, seven and eight.
AYES: Council Member Bauer, Connors and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw and Waller.
Community Development Director Koules reviewed the recommendations
for sub -areas four, nine, eleven and twelve.
Motion by Council Member Connors, second by Council Member Bauer,
to tentatively approve the recommendations of staff on sub -areas
four, nine, eleven and twelve.
AYES: Council Member Bauer, Connors and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw and Waller.
The meeting was recessed at 9:30 P.M., reconvening at 9:41 P.M.
a. Consideration of Adoption of Negative Declaration 88 -ND -1.
Motion by Council Member Connors, second by Council Member Bauer,
to adopt Negative Declaration 88 -ND -1, including the findings as
set forth in the Negative Declaration.
AYES: Council Member Bauer, Connors and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw and Waller.
b. ORDINANCE N0. 6$7 - FIRST READING - Rezoning Certain Property
from Residential High Density (RHD) to Residential Single
Family (RSF). Applicant: City of Beaumont. Location: From
the Western City Limits to Cherry Avenue, and from 6th Street
to 11th Street. (88- RZ -1).
Motion by Council Member Connors, second by Council Member Bauer,
to approve Ordinance No. 657 at its first reading, setting forth
the zoning within the special study area section by section as
tentatively approved by the Council on February 8, 1988, pursuant
to staff recommendation.
AYES: Council Member Bauer, Connors and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw and Waller.
C. RESOLUTION NO. 1988 -04 - Amending the General Plan to Change
Zoning from Residential High Density (RHD) to Residential
Single Family (RSF). (88- CC- GP -1). Applicant: City of
Beaumont. Location: From the Western City Limits to Cherry
Avenue, and from 6th Street to 11th Street.
Page 17
Beaumont City Council
February 8, 1988
Motion by Council Member Connors, second by Mayor Partain,
to continue Resolution No. 1988 -04 to the regular meeting
of February 22, 1988.
There being no opposition, the motion carried with three ayes,
two absent.
END PUBLIC HEARINGS.
6. ORDINANCE NO. 658 - FIRST READING - Repealing Section 17.80.010 of
the Beaumont Municipal Code and Adding Section 17.80.010, Dealing
with Non - Conforming Uses, and Modifying Section 17.60.200.
A report was received from the City Attorney concerning the neces-
sity for rewriting and modifying these sections of Title 17.
Discussion followed, with resulting changes in the text as follows:
Page 1, second line of Section 17.80.010, should read
non - conforming rather than conforming.
Page 2, Section 17.80.010.F, second line, should read,
reconstruction, repairing or rebuilding in the same
configuration. . .
Responding to questions from the Council, additional clarification
of the abatement schedule, and other areas of the Ordinance, were
given by the City Attorney and City Manager.
Motion by Council Member Bauer, second by Council Member Connors,
to pass Ordinance No. 658 at its first reading, with the changes
as indicated.
AYES: Council Member Bauer, Connors and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw and Waller.
9. Out of Sequence. RESOLUTION NO. 1988 -05 - Establishing a Cross-
walk Between Intersections on Orange Avenue at the East Side of
the Civic Center Building.
A report was received from thq City Manager concerning the request
from the Senior Center Advisory Commission for a crosswalk in this
area.
Motion by Council Member Connors, second by Council Member Bauer,
to adopt Resolution No. 1988 -05.
AYES: Council Member Bauer, Connors and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw and Waller.
7. ORDINANCE NO. 653 - SECOND READING - Repealing Section 17.65.205
of the Beaumont Municipal Code and Adding to the Beaumont Munici-
pal Code Section 17.65.205, General Landscaping Provisions.
Motion to Read Ordinance No. 653 by title only.
Motion by Council Member Bauer, second by Council Member Connors,
to read Ordinance No. 653 by title only.
AYES: Council Member Bauer, Connors and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw and Waller.
Page 18
Beaumont City Council
February 8, 1988
The Ordinance was read by title only by the Deputy City Clerk.
Motion to Adopt Ordinance No. 653 at its second reading.
Motion by Council Member Bauer, second by Council Member Connors,
to adopt Ordinance No. 653 at its second reading.
AYES: Council Member Bauer, Connors and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw and Waller.
8. ORDINANCE NO. 656 - SECOND READING - Rezoning Certain Property
from Commercial General and Residential Multi Family (CG and RMF)
to Commercial General (CG). Applicant: City of Beaumont. Loca-
tion: N /side of 6th Street, between American and Xenia. (87-RZ-
5)
Motion to read Ordinance No. 656 by title only.
Motion by Council Member Connors, second by Council Member Bauer,
to read Ordinance No. 656 by title only.
AYES: Council Member Bauer, Connors and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw and Waller.
The Ordinance was read by title only by the Deputy City Clerk.
Motion to Adopt Ordinance No. 656 at its second reading.
Motion by Council Member Connors, second by Council Member Bauer,
to adopt Ordinance No. 656 at its second reading.
AYES: Council Member Bauer, Connors and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw and Waller.
10. CONSENT CALENDAR - All items listed under the Consent Calendar are
considered to be routine by the City Council and will be approved
on 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.
a. Approval of Minutes of Regular Council Meeting of January 25,
1988.
b. Approval of Payment of Warrants as audited per Warrant List of
February 8, 1988, in the amount of $101,777.58; and Payroll of
January 21, 1988, in the amount of $45,001.48.
C. Receive Notification of Increase in Basic Cable Television
Service Charge from Palmer Cablevision, Effective March 1,
1988.
d. RESOLUTION NO. 1988 -06 - Ordering Territory Designated as LAFCO
87-58-3, City of Beaumont 87- ANX -1 -39, Annexed to the City of
Beaumont. Applicant: Delores Mezori.
Motion by Council Member Bauer, second by Council Member Connors,
to approve the Consent Calendar.
AYES: Council Member Bauer, Connors and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw and Waller.
Page 19
Beaumont City Council
February 8, 1988
11. 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: Lopez vs City of Beaumont, Case No. Riverside Superior Court
No. 162814.
b: Hudak vs City of Beaumont, Case No. Riverside Superior Court
No. 186042.
The meeting was recessed to Closed Session at 10:28 P.M.
The meeting was reconvened to Regular Session at 10:36 P.M.
Let the record show that a report was given by the Attorney regard-
ing pending litigation, and direction was given to the Attorney,
but no definitive action was taken.
There being no further business to come before the Council, on
motion by Council Member Bauer, second by Mayor Partain, the
meeting was adjourned at 10:37 P.M.
Respectfully submitted,
City Clerk
Page 20
BEAUMONT CITY COUNCIL
MINUTES OF
FEBRUARY 22, 1988
The Beaumont City Council met in a regular meeting at 6:00 P.M., on
Monday, February 22, 1988, in the City Council Chambers, with Mayor
Partain presiding.
On roll call the following Council Members were present: Bauer,
Connors, Shaw and Mayor Partain. Let the record show Council Member
Waller arrived at 6:44•
The Invocation was given by City Attorney Ryskamp.
The Pledge of Allegiance to the Flag was led by Mayor Partain.
1. Clerk's Affidavit of Posting.
The Clerk's affidavit of posting the agenda was read into the
record by the Deputy City Clerk.
2. Adjustments to Agenda.
There were no adjustments to the agenda.
3. ORAL COMMUNICATION:
There was no one requesting to speak during oral communication.
4. PUBLIC HEARING - 6:00 P.M. - APPEAL of Planning Commission Denial
of Parcel Map 22620 (87- PM -5). Applicant: Ron Whittier. Loca-
tion: S/E Corner of Brookside and Beaumont Avenue. Proposed
Division of 23.32 acres into two parcels.
A staff report giving the background of this project and reason
for appeal was presented by Community Development Director Steve
Koules.
The public hearing was opened at 6:09 P.M.
Mr. Ronald P. Whittier, 7111 Bel Air Drive, Corona, the appellant:
We appeared before the Planning Commission, and I really didn't
understand the reasons for denial. We had stated all along that
we agreed to put in a frontage road if parcel two should develop
first. One of the conditions was, from the City Engineer, that
we give access - an access frontage road. We just did not want -
we planned to develop parcel two first, and it is our desire and
goal to develop it R -1, and we are hoping that it will go that
way.
We did not plan to develop the commercial part. We felt that
was at least two, three, four years away from development. So
when the two zonings were put on this one piece of property, many
years ago, or whenever it was, it was suggested by the Planning
Department, from Valerie Beeler previously, and the engineer,
that we go ahead and parcel it so that the two zonings would be
on each parcel. So if we develop parcel two, and gave an access
road, at the original time, the engineer - when this first came
up from the previous applicant - which was Kulikov or Knudsen -
there was some question of how, and if and when there would be
a frontage road put in, and where it would go. There was some
question about the trees and access out of this property.
So when it was finally established that you did want a frontage
road, when American Housing came in with his application, then
the engineer knew there would be a frontage road. That was the
desire of the City Council, so then he suggested that we dedi-
Page 1
Beaum,. z City Council
February 22, 1988
cate the frontage road, and I have expressed to Mr. Bounds that
we would agree and be happy to put in the black top access, if
parcel two should develop first, and that is what our desire is.
And when the Planning Commission denied it on the fact that they
don't like the zoning, and they think it should go all commercial,
we probably would like commercial also, but without any access on
Beaumont Avenue, it really does not make it conducive for a
commercial piece. If there was access out between the trees at
a given point that would be fine - I think we would like that.
When we saw the desire of the City Council and the body not
wanting that, then we see that the best way for us to go is to
develop the middle piece first into an R -1 subdivision.
So, we just feel that the denial is not fair because they don't
like the existing zoning that was put on with the master zoning
plan, and the second denial was that there is no access, and that
is not true. The City Engineer has requested us to dedicate a
40 foot frontage road, and then we have come back and said we
would black top that, but we just didn't want to do improvements
on parcel one. We felt if we fully improved parcel two, at the
time of improvement, would be fair. And then when we come in
at a later date, two or three years, or four years, to develop
the commercial, then we would put that in.
And that is the reason we have appeared before you because we
don't feel a denial is proper. We tried to correct the zoning
problem on one piece of property where there are two zonings,
and we put the line where the zonings have split. Thank you.
Mayor Partain: Okay, any questions.
Council Member Connors: I don't understand either why they are
claiming that it is landlocked and has no access.
Mr. Koules: Well, because if the American Housing project to
the south, on the north side of Cougar Way, does not develop,
and this parcel does not develop, how would there be access to
the parcel here.
Council Member Connors: And even that 40 feet wouldn't keep it
from being landlocked. Because you can't get in there. And you
feel it wouldn't be landlocked - you feel that you could get in
there - it wouldn't be landlocked.
Mr. Whittier: Well, the City Engineer has required, Mr. Dotson,
that we dedicate the 40 foot access road - is what the City wants
to do on their master plan. And that is to have a frontage road,
so by dedicating that 40 foot, parcel two now has the access to
it - and we have gone one step further, and said we would agree
to black top the access to parcel two, and fully develop parcel
two, if that should develop first.
So the denial based on no access, one of the requirements of the
City Engineer is that we dedicate the 40 foot road, so we are
confused, because we were asked by the Planning Department to
come in and parcel map it to correct this, and put a frontage
road in, because I think at the time American Housing was in for
a request, and the City Council or the Planning Department
required they put a frontage road in. So the desire was, we
felt, was that there was going to be no access out onto Beaumont
Avenue across the trees, so they needed a frontage road in order
to service this long rectangular piece of property.
Council Member Connors: Then if he did it the way the City
Engineer has asked, it wouldn't be landlocked, but the Planning
Commission wants something else. I find that hard . . .
Mr. Koules: But dedication may not necessarily mean physical
access. You can dedicate. You have to improve the access.
Page 2
Beaumont City Council
February 22, 1988
Council Member Connors: And you don't want to do that.
Mr. Whittier: No, no. The City Engineer just required that we
dedicate a 40 foot access. First of all, if, and I think you
are all experienced, that if I came in - if there was a 40 foot
access across parcel one and across parcel two, and I came
before the body with a separate parcel, and I came in on parcel
two, you would condition that - if we were to put in an R -1
subdivision - you would condition that that would have to have
a black top access from Brookside Avenue all the way to the site.
In other words, I have done a lot of development, and every City
or every body requires that from a major street you develop a
black top access. So you have the control of parcel two. But
I am going one step further and saying I will not only give the
engineer, the City Engineer's request that he wants a physical
- I mean he wants a 40 foot dedication, but we will agree to
black top that 40 foot road all the way up to parcel two. So
that it does have physical access up to parcel two.
Council Member Connors: Okay, now I see what the differences
were. I have a question that is a little bit off the subject,
but it is related. The person that wants to build there is
interested in building single family houses.
Mr. Whitter: That is the plan right now. We were in escrow, and
we have had so much confusion and delay on this thing, we backed
out of escrow. I told the Planning Department, and this was my
sincere desire, that right now, the way that the economy is and
the market, the R -1 residential, first time buyer market, is
excellent. Apartments are over - built. And there are many apart-
ment projects planned for the City of Beaumont. So I feel that
this should go R -1. I cannot guarantee the Council it will.
That is our desire and our wishes. We have other potential
people that may buy it. I plan to, as soon as the parcel map is
recorded, whether they buy it or not, I plan to come in with an
R -1 subdivision. I have it already designed by David Hacker.
It is 64 lots, and it is ready to be submitted, and I was sub-
mitting this about two months ago when I was asked to go for
a parcel map first and complete it because it has already been
set.
Council Member Connors: Wouldn't a builder who wanted to build
single family houses be paying high density prices and building
lower density income.
Mr. Whittier: Well, the - we are not selling it at high density
prices because if you could get a real high market as far as
your apartment project, then you could get high density. If we
were to sit on the property for, say, about two years, or three,
and the economy was to change where the housing market was filled
up, and then we always have this up and down, where apartments
then become very in demand because you don't have a lot of houses.
But, right now, we are not asking - the prices that we are asking,
a builder can afford to pay and build a nice house on the property.
Sure, if we could sell it for apartments, we could get more money,
but that is not the demand right now.
And I told that to the Planning Department. I said the City has
the opportunity to have this property down zoned, just because of
the circumstances, and the timing and the economy right now.
Council Member Connors: Thank you.
Council Member Shaw: Can I back track. I just received this 653•
Ordinance No. 653. Here is something that bothers me. Item C.
Each yard shall be served by at least one . . .
Mayor Partain: We are not there yet, Mr. Shaw. Why don't you wait
until we get to that.
Council Member Shaw: Okay. This is 653. That was last week.
Page 3
Beaumont City Council
February 22, 1988
Mayor Partain: We are on Item No. 4, which is a public hearing.
I have - just for clarification. What you are saying is, that
the 40 foot dedication through parcel one you are willing to
dedicate and black top. But, by improvements, you don't want
to put the curb and gutter in.
Mr. Whittier: Right. We will black top the street to City
standards as according to the engineer, and then at such time
we include parcel one, then we would condition that parcel upon
submittal.
Mayor Partain: Question, Mr. Bounds, on that then. If that -
for instance, if Mr. Whittier sells that - if this is agreeable
by the Council, and then later on, rather than develop it himself,
he sells it. Do we have recourse.
City Manager: The normal way to condition this type of map would
be to create a condition, if you approve tonight, that would
indicate that the final parcel map may not be recorded until the
street has been placed on the property - parcel one - otherwise
you have no hold. Once the final map has been recorded, then
both parcels could be sold immediately. They could be sold right
now, but they couldn't be sold as two parcels yet.
Mayor Partain: But under that circumstance, if just the black
top is in, and that parcel one sells, then is there some way,
with the street and the black top in there, we still have re-
course to require curb and gutter.
City Manager: Yes. And parcel one, if you had black top only,
then what you would do is when a development plan came in for
the commercial site, regardless of what the proposal is, one of
the conditions would be to complete the curb, gutter and side-
walks on both sides of the frontage road, whatever it becomes
named at that time.
Mayor Partain: Okay. I don't have anything further. Does
anybody else have any questions.
City Attorney: As well as on Brookside, correct, Mr. Bounds.
City Manager: Yes.
Mayor Partain: As well as Brookside, yes, I understand.
City Manager: We would have a -- oh, you mean, curb, gutter
improvements. Yes. That is just normal.
City Attorney: Curb, gutter and improvements on . . .
City Manager: But what you would have, you would have something
less than an acceptable City street, and so it would be required
to be brought up to the standards of a City street, which
includes the improvements, curb, gutter and sidewalk.
Mayor Partain: All right. I don't have anything else.
Mr. Whittier: Thank you very much for your time.
Mayor Partain: Okay. Any other proponents. Anyone else wishing
to speak on behalf of the appeal. All right. Anyone wishing to
speak in opposition to it. Anyone wishing to speak in opposition.
Anyone wishing to speak to Item No. 4 at all. All right. Let's
close the public hearing at 6:22.
The public hearing was closed at 6:22 P.M.
Council Member Connors commented that the argument of the Planning
Commission that Parcel Two should be zoned commercial since Parcel
Page 4
Beaumont .:ity Council
February 22, 1988
one is zoned commercial is hardly the developer's problem, since
it was already zoned that way when he came in. As a result, she
did not feel that finding should be counted at all.
There were no other comments from the Council
a. Consideration of Denial or Granting of Appeal.
Motion by Council Member Connors, second by Council Member Bauer,
to grant the appeal, with the following condition added to the
conditions presented to the Planning Commission on December 1,
1987:
That the 40 foot frontage road on Parcel One must be
dedicated to the City and paved with asphaltic concrete
material to specification of the City Engineer prior to
the recording of the Final Parcel Map.
AYES: Council Member Bauer, Connors, Shaw and Mayor
Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Waller.
After the motion, but prior to the vote, Mayor Partain stated
he agreed that putting in the 40 foot dedication through Par-
cel One would mitigate any problems for access to Parcel Two.
He also stated since times have changed that although at one
time he felt that would have been an ideal corner for commercial
development, he no longer feels that way, as he does not feel it
is conducive to a good commercial project.
b. Consideration of Adoption of Negative Declaration 87- ND -32.
Motion by Council Member Connors, second by Council Member Shaw,
to adopt Negative Declaration 87- ND -32.
AYES: Council Member Bauer, Connors, Shaw and Mayor
Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Waller.
C. Consideration of Approval of Tentative Parcel Map 22620
(87- PM -5).
Motion by Council Member Shaw, second by Council Member Bauer,
to approve Tentative Parcel Map 22620, as conditioned.
AYES: Council Member Bauer, Connors, Shaw and Mayor
Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Waller.
END PUBLIC HEARINGS.
5. Request from H.E.L.P. for Use of City Facilities at 3rd and
California (Old City Yard).
A report was received from the City Manager concerning this
request. This report is a matter of record in the Clerk's
file.
Mr. Irish Mitchell addressed the Council in support of this
request.
Ms. Eleanor Kotsos, Administrator for the H.E.L.P. Organization,
addressed the Council in support of their request, and answered
questions from the Council.
Page 5
Beaum. ; City Council
February 22, 1988
Responding to a question from the Council, Mr. Gene Crudo advised
that SHARE would not be using the facility in conjunction with
H.E.L.P.
There was discussion at the Council level, with the issues of
liability insurance and payment for utilities brought up. It
was the consensus of the Council that anyone leasing the build-
ing should have liability insurance with the City as additional
insured, and would be expected to pay all utilities.
Both Council Members Shaw and Bauer indicated the organization
served a need, and was of great benefit to the community, with
both Council Members giving some historical background of the
organization.
Motion by Council Member Shaw, second by Council Member Waller,
that H.E.L.P. be given the use of the City facility at 3rd and
California on a yearly basis, with the lease to begin now for
one year, including conditions for liability insurance and
utilities, for $1.00 per year.
THE MOTION AND SECOND WERE WITHDRAWN to allow for clarification
of the terms of the use of the facility.
Mr. Charles Roush, President of H.E.L.P., addressed the Council
on behalf of the H.E.L.P. organization, giving information con-
cerning their insurance coverage.
Motion by Council Member Shaw, second by Council Member Waller,
to grant the use of the facility at 3rd and California on a
yearly basis to the H.E.L.P. organization for the sum of $1.00
a year, with the H.E.L.P. organization providing liability in-
surance naming the City of Beaumont as additional insured, with
this use being limited to the office building only.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
6. Request from Harold J. Geary for Permission to Present a Late Claim.
A report was received from the City Manager concerning this re-
quest. This report is a matter of record in the Clerk's file.
Motion by Council Member Connors, second by Council Member Bauer,
to deny the request to present a late claim.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
7. ORDINANCE NO. 657 - SECOND READING - Rezoning Certain Properties
Located Within the Area from the Western City Limits to Cherry
Avenue, and from 6th Street to 11th Street (88- RZ -1). Applicant:
City of Beaumont.
Prior to consideration of the second reading of Ordinance No. 657,
Mayor Partain recognized those in the audience who had indicated
a desire to speak.
Speaking as proponents of this Ordinance were Nancy Tadeus and
Artie McMillan.
Speaking in opposition to the Ordinance were Moses Davis, Pauline
Davis, Betty Rouse, Irish Mitchell, Frank Rouse.
Page 6
Beaumont City Council
February 22, 1988
Motion to Read Ordinance No. 657 by title only.
Motion by Council Member Waller, second by Council Member Shaw,
to read Ordinance No. 657 by title only.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
The ordinance was read by title only by the Deputy City Clerk.
Motion to Adopt Ordinance No. 657 at its second reading.
Motion by Council Member Connors, second by Council Member Bauer,
to adopt Ordinance No. 657 at its second reading.
AYES: Council Member Bauer, Connors, Shaw and Mayor
Partain.
NOES: Council Member Waller.
ABSTAIN: None.
ABSENT: None.
8. RESOLUTION NO. 1988 -04 - Amending the General Plan to Change Plan
Designations on Certain Properties Within the Area Located From
the Western City Limits to Cherry Avenue, and From 6th Street to
11th Street. (88- CC- GP -1). Applicant: City of Beaumont.
The City Manager pointed out this resolution is basically
changing the General Plan to comply with the zone changes
being made by Ordinance 657 so they will both be in conform-
ance with each other.
It was clarified that the Negative Declaration was adopted at
the meeting of February 8.
Motion by Council Member Bauer, second by Council Member Connors,
to adopt Resolution No. 1988 -04.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
9• ORDINANCE NO. 658 - SECOND READING - Repealing Section 17.80.010
of the Beaumont Municipal Code and Adding Section 17.80.010,
Dealing with Non - Conforming Uses and Modifying Section 17.60.200.
Motion to read Ordinance No. 658 by title only.
Motion by Council Member Waller, second by Council Member Shaw,
to read Ordinance No. 658 by title only.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
This ordinance was read by title only by the Deputy City Clerk.
Motion to Adopt Ordinance No. 658 at its second reading.
Motion by Council Member Bauer, second by Council Member Connors,
to adopt Ordinance No. 658 at its second reading.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Page 7
Beaumont amity Council
February 22, 1988
10. CONSENT CALENDAR - All items listed under the Consent Calendar
are considered to be routine by the City Council and will be
approved on 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.
a. Approval of Minutes of Regular Council Meeting of February
8, 1988.
b. Acceptance of Minutes of Regular Planning Commission Meeting
of January 19, 1988, Special Planning Commission Meeting of
January 26, 1988 and Regular Planning Commission Meeting of
February 2, 1988.
C. Approval of Payment of Warrants as Audited per Warrant List
of February 22, 1988, in the amount of $81,319.71; and
Payroll of February 4, 1988, in the amount of $43,584.82•
d. Request for Authorization to Settle the Case of Norman J.
Davis vs City of Beaumont in the amount of $15,000.00.
e. Authorize City Attorney to Attend League of California Cities
Annual City Attorney's Meeting.
f. Report of Action by Planning Commission at Meeting of February
16, 1988.
Motion by Council Member Waller, second by Council Member Shaw, to
approve the Consent Calendar.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
11. 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 Martinelli, et al. vs City of
Beaumont, Case No. United States Court of Appeals No. 85 -6358,
(United States District Court No. CV 84- 9443-AAH.)
The meeting was recessed to closed session at 7:56 P.M.
The meeting was reconvened to regular session at 8:14 P.M.
Let the record show a report was given by the attorney regarding
pending litigation, and direction was given, but no definitive
action was taken in closed session.
Date Set for next Regular Meeting, Monday, March 14, 1988, at 6:00
P.M. in the City Council Chambers.
There being no further business to come before the Council, on
motion by Council Member Waller, second by Mayor Partain, the
meeting was adjourned at 8:15 P.M.
Respectfully submitted,
City Clerk
Page 8
BEAUMONT CITY COUNCIL
MINUTES OF
MARCH 14, 1988
The Beaumont City Council met in a regular meeting at 6:00 P.M., on
Monday, March 14, 1988, in the City Council Chambers, with Mayor
Partain presiding.
On roll call the following Council Members were present: Bauer,
Connors, Shaw and Mayor Partain. Council Member Waller was excused.
The Invocation was given by Mayor Partain.
The Pledge of Allegiance to the Flag was led by City Manager Bob
Bounds.
1. Clerk's Affidavit of Posting.
The Clerk's affidavit of posting the agenda was read into the
record by the Deputy City Clerk.
2. Adjustments to Agenda.
There were no adjustments to the agenda.
3. ORAL COMMUNICATION:
There was no one requesting to speak during oral communication.
4. PUBLIC HEARING - 6:00 P.M. - 14TH YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS. Request for Input from Community Regarding the Pro-
posed Use of These Funds.
The City Manager requested that, prior to opening the public hearing,
it should be established for the record that after notice was pub-
lished in the newspaper, showing we anticipated $82,286.00 in block
grant monies for the 14th year, we have now been advised the figure
will be less than what was proposed. The new figure is $78,620.00,
which includes $58,261.00 in 14th Year Entitlement funds, $7,899.00
in 12th Year Contingencies and $12,460.00 in 12th year surplus.
The Public Hearing was opened at 6:05 P.M.
There was no one requesting to speak regarding proposed use of the
funds.
The City Manager entered into
requests have been received.
a. Request from San Gorgonio
for $1,000 /$1,500 for ass
classroom facilities.
b. Request from Valley Blind
in the purchase of a bus.
the record the fact that two written
These requests are as follows:
Child Care Consortium of Banning
istance in expansion of their
Center of Hemet, for assistance
The Public Hearing was closed at 6:06 P.M.
A report was received from the City Manager. This report is a
matter of record in the Clerk's file. There was discussion by
the Council concerning the requests for funding, as well as the
possible allocation of these funds to renovate the gymnasium into
a multi - purpose room.
Page 1
Beaumont City Council
March 14, 1988
a. Determination of Use of 14th Year Community Development Block
Grant Funds.
Motion by Council Member Connors, second by Council Member Bauer,
to allocate the 14th Year Community Development Block Grant Funds
as follows:
1. $1,500.00 to the San Gorgonio Child Care Center for
enlarging of their classroom facilities.
2. $1,200.00 to the Valley Blind Center for help in
purchasing a bus.
3• $75,920.00 for renovation of the gymnasium facility
into a community center.
AYES: Council Member Bauer, Connors, Shaw and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Waller.
Motion by Council Member Connors, second by Council Member Bauer,
to direct the City Manager to bring the application for 14th year
CDBG funds to the Council at their March 28 meeting.
AYES: Council Member Bauer, Connors, Shaw and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Waller.
5. Consideration of Claim for Damages Filed by Leah Ori.
A report was received from the City Manager indicating that in
addition to the review by the City Attorney, an inspection of
the site was made by the Public Works Superintendent and pictures
taken. This inspection revealed that the post in question is
situated well within the boundaries of private property, rather
than being located on City right -of -way.
Motion by Council Member Shaw, second by Council Member Connors,
to find that the claim is vague,.fails to set forth in an ade-
quate form the value of injury or damages, and does not establish
any liability on the part of the City, therefore, based on the
findings, deny the claim.
AYES: Council Member Bauer, Connors, Shaw and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Waller.
6. ORDINANCE NO. 659 - FIRST READING - Repealing Chapter 15.24 of the
Beaumont Municipal Code and Adding Chapter 15.24, Dealing with
Flood Hazard Prevention.
Motion to read Ordinance No. 659 by title only.
Motion by Council Member Connors, second by Council Member Bauer,
to read Ordinance No. 6S9 by title only.
AYES: Council Member Bauer, Connors, Shaw and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Waller.
Page 2
Beaumont City Council
March 14, 1988
Motion to Pass Ordinance No. 659 at its first reading.
Motion by Council Member Connors, second by Council Member Shaw,
to pass Ordinance No. 6S9 at its first reading.
AYES: Council Member Bauer, Connors, Shaw and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Waller.
7• CONSENT CALENDAR - All items listed under the Consent Calendar
are considered to be routine by the City Council and will be
approved on 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.
a. Approval of Minutes of Regular Council Meeting of February
22, 1988.
b. Approval of Warrants as Audited per Warrant List of March
14, 1988, in the amount of $131,201.58; and Payrolls of
February 18, 1988 and March 3, 1988, in the amount of
$45,525.17 and $43,101.48 respectively.
C. RESOLUTION NO. 1988 -07 - Ordering Territory Designated as
LAFCO 7- 103 -3, City of Beaumont 87- ANX -3 -40, Annexed to
the City of Beaumont. Applicant: Lawrence C. Nelson,
M.D., Inc. (Whittier).
d. Receive Notification of Increase in Basic Cable Television
Service Charge from Southland Cablevision, Effective April
1, 1988.
e. Authorization to Settle the Case of Martinelli vs City of
Beaumont in the amount of $5,000.00.
Motion by Council Member Shaw, second by Council Member Bauer,
to approve the Consent Calendar.
AYES: Council Member Bauer, Connors, Shaw and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Waller.
Date Set for Next Regular Council Meeting, Monday, March 28, 1988.
There being no further business to come before the Council, on
Motion by Council Member Connors, second by Council Member Shaw,
the meeting was adjourned at 6:54 P.M.
Respectfully submitted,
City Clerk
Page 3
BEAUMONT CITY COUNCIL
MINUTES OF
MARCH 28, 1988
The Beaumont City Council met in a regular meeting at 6:00 P.M., on
Monday, March 28, 1988, in the City Council Chambers, with Mayor
Partain presiding.
On roll call the following Council Members were present: Bauer,
Connors, Shaw and Mayor Partain. Let the record show Council Member
Waller arrived at 6:14.
The Invocation was given by Council Member Bauer.
The Pledge of Allegiance to the Flag was led by City Attorney Ryskamp.
1. Clerk's Affidavit of Posting.
The Clerk's affidavit of posting the agenda was read into the
record by the Deputy City Clerk.
2. Adjustments to Agenda.
There were no adjustments to the agenda.
3. ORAL COMMUNICATION:
There was no one requesting to speak during oral communication.
4. PUBLIC HEARING - 6:00 P.M. - Consideration of Increase in Fees for
Planning, Engineering and Building Services.
The Public Hearing was opened at 6:03 P.M.
There were no proponents or opponents requesting to speak.
The Public Hearing was closed at 6:04 P.M.
A report from the Community Development Director giving
justification for these fee increases is a matter of record
in the City Clerk's file.
a. RESOLUTION NO. 1988 -10 - Establishing a Schedule of Fees to
be Charged by the Planning and Public Works Departments for
Various Services and Rescinding all Previous Resolutions in
Conflict Herewith.
Motion by Council Member Connors, second by Council Member Bauer,
to adopt Resolution No. 1988 -10.
AYES: Council Member Bauer, Connors, Shaw and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Waller.
End Public Hearings.
5. Consideration of Authorization to Submit Application for 14th Year
Community Development Block Grant Funds (CDBG).
Motion by Council Member Shaw, second by Council Member Connors,
to authorize the City Manager to submit the application for 14th
Year Community Development Block Grant Funds.
Page 1
Beaumont City Council
March 28, 1988
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
6. ORDINANCE NO. 659 - SECOND READING. Repealing Chapter 15.24 of
the Beaumont Municipal Code and Adding Chapter 15.24, Dealing
with Flood Hazard Prevention.
Motion to Read Ordinance No. 659 by title only
Motion by Council Member Waller, second by Council Member Shaw,
to read Ordinance No. 659 by title only.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
The Ordinance was read by title only by the Deputy City Clerk.
Motion to Adopt Ordinance No. 659 at its second reading.
Motion by Council Member Bauer, second by Council Member Connors,
to adopt Ordinance No. 659 at its second reading.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
7• ORDINANCE NO. 660 - FIRST READING - Adding Chapter 5.26 to the
Beaumont Municipal Code, Dealing with Charitable Solicitation.
Motion to read Ordinance No. 660 at its first reading.
Motion by Council Member Waller, second by Council Member Shaw, to
read Ordinance No. 660 by title only.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
The Ordinance was read by title only by the Deputy City Clerk.
Council Member Connors raised a question regarding Section
5.26.030.L of this ordinance, which prohibits anyone under
the age of 16 years of age from soliciting money, pointing
out there were Girl Scouts, Boy Scouts and students from
schools and churches who sold items every year.
The City Attorney referred to Section 5.26.050, which pro-
vides an exemption for any organization who has been
established in the City for a period of five years.
Mrs. Connors felt this did not solve the problem if, for example,
the Lutheran Church were to establish a church in Beaumont, and
their youth groups could not solicit, whereas the other churches
who have been in the City longer than five years would be able
to.
There was lengthy discussion, with a consensus of the Council
that the following changes be made in the Ordinance:
1. Page 1, delete the word "Charitable" from the title.
Page 2
Beaumont City Council
March 28, 1988
2. Page 1, delete the word "Charitable" from the title just
Under Chapter 5.26.
3. Page 2, Section 5.26.030.L, last line, changed to read
"to request and /or collect money ".
4• Section 5.26.050, 8th line, insert the words "or a local
chapter" immediately following the word headquarters, and
on the 9th line, change five years to two years.
The Ordinance was read by its amended title by the Deputy City
Clerk.
Motion to approve Ordinance No. 660 on its first reading.
Motion by Council Member Waller, second by Council Member Shaw,
to approve Ordinance No. 660 at its first reading.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
8. CONSENT CALENDAR - All items listed under the Consent Calendar
are considered to be routine by the City Council and will be
approved on 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.
Prior to considering the Consent Calendar, a question regarding the
size of lots in Tract 22561 was answered for Council Member Waller.
a. Approval of Minutes of Regular Council Meeting of March 14,
1988.
b. Acceptance of Minutes of Regular Planning Commission Meeting
of February 16, 1988.
C. Approval of Warrants as audited per Warrant List of March 28,
1988, in the amount of $188,853.75; Payroll of March 17, 1988,
in the amount of $44,037.34; and Special Payroll of March 18,
1988, in the amount of $1,218.40.
d. RESOLUTION NO. 1988 -08 - Providing for Advancing of Maturity
of Improvement Bonds for Assessment District No. 1983 -1,
(Cougar- Brookside Property Owners' Association).
e. RESOLUTION NO. 1988 -09 - Approving Final Tract Map 22561.
Applicant: Devcorp. Location: Vassili Lane, East of
Beaumont Avenue, South of Brookside.
f. RESOLUTION NO. 1988 -11 - Providing the Method of Drawing
Warrants or Checks on the City Treasury.
g. RESOLUTION NO. 1988 -12 - Providing the Method of Drawing
Warrants or Checks on Accounts of Assessment District
1983 -1.
h. Authorize City Manager to Execute Agreement with Corroon
and Black Management, Inc. for Self Insurance Claims
Administration.
i. Report of Planning Commission Action at Meeting of March
15, 1988.
Page 3
Beaumont City Council
March 28, 1988
Motion by Council Member Shaw, second by Council Member Bauer, to
approve the Consent Calendar.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Date Set for Next Regular Council Meeting, Monday, April 11, 1988,
at 6:00 P.M., in the City Council Chambers.
There being no further business to come before the Council, on motion
by Council Member Waller, the meeting was adjourned at 7:2$ P.M.
Respectfully submitted,
. If , y.
Duty City Clerk
Page 4
BEAUMONT CITY COUNCIL
MINUTES OF
APRIL 11, 1988
The Beaumont City Council met in a regular meeting at 6:00 P.M., on
Monday, April 11, 1988, in the City Council Chambers, with Mayor
Partain presiding.
On roll call the following Council Members were present: Bauer,
Connors, Shaw and Mayor Partain. Let the record show Council Member
Waller was excused.
The Invocation was given by Council Member Connors.
The Pledge of Allegiance to the Flag was led by Council Member Bauer.
1. Clerk's Affidavit of Posting.
The Clerk's affidavit of posting the agenda was read into the
record by the Deputy City Clerk.
2. Adjustments to Agenda.
The City Manager advised that Council Member Waller has requested
that consideration be given to continuing Agenda Item No. 4 to
the next meeting so that he might participate in the discussion.
Motion by Council Member Shaw, second by Council Member Connors,
to hold Agenda Item No. 4 over to the next meeting.
AYES: Council Member Bauer, Connors, Shaw and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Waller.
3. ORAL COMMUNICATION:
There was no one requesting to speak during oral communication.
4. Request from Council Member Connors and Bauer for Discontinuance
of City Council Office and Council Member Rights to Copier and
Keys to Civic Center.
By previous motion, this agenda item was continued to the regular
meeting of April 2$, 1988.
5• Submittal of Resignation by Planning Commissioner Ingrao.
Motion by Council Member Bauer, second by Council Member Connors,
to accept the resignation of Commissioner Ingrao and announce a
vacancy on the Planning Commission, with the following schedule
established:
1. City Clerk to post notice of vacancy on Planning
Commission immediately.
2. Last day to receive applications shall be May 13,
1988.
3. Place on City Council agenda of May 23, 1988 for
consideration of appointment of Commissioner.
AYES: Council Member Bauer, Connors, Shaw and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Waller.
Page 1
Beaumont City Council
April 11, 1988
6. RESOLUTION NO. 1988 -13 - A Resolution Of the City Council of the
City of Beaumont, California, Pursuant to Chapter 10.04 of the
Municipal Code of Beaumont, to Designate Parking Zones. Location:
400 -$00 Block of E. 6th Street; East Side of 600 Block Beaumont
Avenue; and East Side of Magnolia Avenue.
Artie McMillan, 1277 Pennsylvania, addressed the Council, speaking
in opposition to the proposal to have the Greyhound buses unload
in the alley rather than in front of the bus station. She felt
this would create a dangerous situation for older passengers after
dark.
Council Member Shaw emphasized the fact that he did not want to
see anything done which would cause the bus station to relocate
outside the City.
The City Manager pointed out the key issue tonight would be
whether or not the buses will unload in the alley, or in front of
the bus station.
Beaumont Police Chief, John Funston, presented his report which
contained recommendations for restriping of curb lines on 6th
Street and on Beaumont Avenue, as well as the recommendation for
buses to unload in the alley behind the bus station. Chief
Funston emphasized, however, that his department can work with
whatever decision the Council makes and citizens desire.
Council Member Connors stated she was surprised the Police Depart-
ment would recommend unloading in the alley because it appears
this would create a hazardous situation for the elderly, women and
children. Chief Funston replied they had no problem with the
alleys in the immediate downtown area at all.
Council Member Connors also asked about enforcement of the exist-
ing parking zones, as everyone seems to be parked in the wrong
zones, including the bus zones. Chief Funston said it has been
such a heated contest it has been very difficult to enforce the
law there. When the Council makes a decision, they can then
pursue strict enforcement. With the confusion that exists there
now, it is not fair law enforcement at this point.
Mayor Partain asked if there was an even amount of buses coming
from the east and west on the freeway, and suggested it would be
better for the buses to get off on the Pennsylvania offramp so
they would not have to pull across four lanes of traffic on
6th Street from Magnolia.
Council Member Bauer read from a prepared statement which found
the proposal to unload in the alley totally unacceptable, and
which contained an alternative solution to the existing problem.
This statement is a matter of record in the Clerk's file.
Mr. Paul Becerra, General Manager for Greyhound Bus Company,
addressed the Council stating the bus company will cooperate with
the City in any way possible to alleviate any problem which
exists at this time, including moving to another site if one could
be found for them.
There was lengthy discussion, with questions from the Council
being answered by Mr. Becerra and by Chief Funston. Mr. Becerra
indicated the buses would require only 90' for their loading zone,
and he could adjust the schedules to eliminate two buses arriving
at the same time. He also saw no problem with the buses using the
Pennsylvania offramp.
The City Manager recommended the resolution be changed to reflect
a 90t green zone under item No. A(1) and a 90' red zone under
item No. C(2). This will allow a 90' bus loading zone, and add
one additional parking space for private vehicles. The City
Manager distributed copies of the revised resolution which
includes provision for bus parking on 6th Street. This resolution
was then reviewed section by section.
Page 2
Beaumont City Council
April 11, 1988
Mr. Bill Jeffrey, 575 County Line Road, Calimesa, owner of the
property on 6th Street which includes the bus station, addressed
the Council stating his opposition to allowing the buses to park
in front of the other nine businesses, just because the new
tenants down the street have complained about the parking. He
felt this would be blocking off six businesses for a couple of
new businesses.
He further stated that to his knowledge there have been no acci-
dents with the striping the way it is now, so he sees no need for
changing it.
Answering a question from Council Member Connors, the City
Attorney indicated the conditions of approval for the plot plan
would be reviewed by the Planning Commission in one year, but
it would not come to the Council unless an appeal were filed.
The issue before the Council is the curb striping only, and this
would not come back unless a change were requested.
This same issue was discussed by Mr. Koules and the City Attorney,
with clarification that the conditions of approval for the entire
plot plan would be reviewed by the Planning Commission in one
year, and a new recommendation to the City Council concerning the
parking issue could be submitted at that time if desired.
As a result of the discussion, the proposed curb striping, as
established by the amended resolution, was again reviewed.
Motion by Council Member Connors, second by Council Member Bauer,
to adopt Resolution No. 1988 -13 as amended.
AYES: Council Member Bauer, Connors, Shaw and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Waller.
7• ORDINANCE NO. 661 - FIRST READING - Repealing Chapter 17.90 and
Section 17.14.005 of the Beaumont Municipal Code and Adding
Chapter 17.90, Sections 17.12.170 through 17.12.200 and
Section 17.14.005, Dealing with Zoning Amendments, Change of
Zone and General Plans.
Motion to Read Ordinance No. 661 by Title Only.
Motion by Council Member Connors, second by Council Member Bauer,
to read Ordinance No. 661 by title only.
AYES: Council Member Bauer, Connors, Shaw and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Waller.
The Ordinance was read by title only by the Deputy City Clerk.
Motion to Approve Ordinance No. 661 on its First Reading.
Motion by Council Member Shaw, second by Council Member Connors,
to approve Ordinance No. 661 on its First Reading.
AYES: Council Member Bauer, Connors, Shaw and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Waller.
8. ORDINANCE NO. 660 - SECOND READING - Adding Chapter 5.26 to the
Beaumont Municipal Code, Dealing with Solicitation.
Page 3
Be mont City Council
April 11, 1988
Motion to Read Ordinance No. 660 by title only.
Motion by Council Member Bauer, second by Council Member Shaw,
to read Ordinance No. 660 by title only.
AYES: Council Member Bauer, Connors, Shaw and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Waller.
Motion to Adopt Ordinance No. 660 at its second reading.
Motion by Council Member Connors, second by Council Member Shaw,
to adopt Ordinance No. 660 at its second reading.
AYES: Council Member Bauer, Connors, Shaw and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Waller.
9. CONSENT CALENDAR - All items listed under the Consent Calendar are
considered to be routine by the City Council and will be approved
on 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.
a. Approval of Minutes of Regular Council Meeting of March 28,
1988.
b. Acceptance of Minutes of Regular Planning Commission
Meeting of March 15, 1988.
C. Approval of Warrants as audited per Warrant List of April
11, 1988, in the amount of $183,055.11; and Payroll of
March 31, 1988, in the amount of $46,542.35•
d. Report of Planning Commission Action at Meeting of April
5, 1988.
Motion by Council Member Shaw, second by Council Member Connors,
to approve the Consent Calendar.
AYES: Council Member Bauer, Connors, Shaw and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Waller.
Date Set for Next Regular Council Meeting, Monday, April 25,
1988, at 6:00 P.M., in the City Council Chambers.
There being no further business to come before the Council, on
motion by Council Member Connors, second by Council Member Bauer,
the meeting was adjourned at 7:29 P.M.
Respectfully submitted,
Page 4
The Beaumont City
Monday, April 25,
Partain presiding.
BEAUMONT CITY COUNCIL
MINUTES OF
APRIL 25, 1988
Council met in a regular meeting at 6:01 P.M., on
1988, in the City Council Chambers, with Mayor
On roll call the following Council Members were present: Bauer,
Connors, Shaw and Mayor Partain. Let the record show Council Member
Waller arrived at 6:02.
The Invocation was given by City Manager Robert Bounds.
The Pledge of Allegiance to the Flag was led by Council Member Connors.
1. Clerk's Affidavit of Posting.
The Clerk's affidavit of posting the agenda was read into the
record by the Deputy City Clerk.
2. Adjustments to Agenda.
There were no adjustments to the agenda.
3. ORAL COMMUNICATION:
There was no one requesting to speak during oral communication.
4• ORDINANCE NO. 661 - FIRST READING - Repealing Chapter 17.90 and
Section 17.14.005 of the Beaumont Municipal Code and Adding
Chapter 17.90, Sections 17.12.170 through 17.12.200 and
Section 17.14.005, Dealing with Zoning Amendments, Change of
Zone and General Plans.
Motion to read Ordinance No. 661 by title only.
Motion by Council Member Waller, second by Council Member Shaw, to
read Ordinance No. 661 by title only.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Motion to approve Ordinance No. 661 on its first reading.
Motion by Council Member Connors, second by Council Member Bauer,
to approve Ordinance No. 661 on its first reading.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
5• Request to Go to Bid for New Heating /Air Conditioning System in
Council Chamber.
The City Manager presented his report concerning this request,
pointing out that in order to have the air conditioning installed
by this summer, it would be necessary to authorize an over budget
item for the 1987 -88 budget. He also advised that by installing
this new system, the joint heating system with the gymnasium
could be eliminated, with the vent from the gymnasium closed up,
making it possible to have a meeting in the Council Chamber
without noise from an event in the gymnasium causing a problem.
Page i
ry :'
Beaumonc City Council
April 25, 1988
There was discussion by the Council concerning the system to be
installed, and the advisability of authorizing an over budget
item.
Motion by Council Member Bauer, second by Council Member Waller,
to call for bids for a new heating /air conditioning system in the
Council Chamber.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
6. Consideration of Endorsement of Proposition 70, the Wildlife,
Coastal and Park Land Bond Act to preserve California's Wildlife
Habitat, Coast Parks and Open Space Land.
The proposed proposition was reviewed and discussed by the City
Council, with questions being answered by the City Manager.
Motion by Council Member Shaw, second by Council Member Waller, to
endorse Proposition 70.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
7• Request from Council Member Connors and Bauer for Discontinuance
of City Council Office and Council Member Rights to Copier and
Keys to Civic Center. (Continued from April 11, 1988).
This request was discussed by the Council, with Council Member
Connors outlining the reasons for the request, with concurrence
by Council Member Bauer. Council Member Shaw spoke in opposi-
tion to the request and Council Member Waller presented his
reasons for needing the use of the office and copier.
Motion by Council Member Connors, second by Council Member Bauer,
to discontinue the City Council office and Council Member rights
to the copier and keys to the Civic Center.
AYES: Council Member Bauer and Connors.
NOES: Council Member Shaw, Waller and Mayor Partain.
ABSTAIN: None.
ABSENT: None.
MOTION FAILED.
8. CONSENT CALENDAR - All items listed under the Consent Calendar are
considered to be routine by the City Council and will be approved
on 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.
a. Approval of Minutes of Regular Council Meeting of April
11, 1988.
b. Acceptance of Minutes of Regular Planning Commission
Meeting of April 5, 1988, as corrected.
C. Approval of Payment of Warrants as Audited per Warrant
List of April 25, 1988, in the amount of $62,904.04;
Payroll of April 14, 1988, in the amount of $41,893.23, and
Special Payroll of April 21, 1988, in the amount of
$1,641.36.
Page 2
Beaumont City Council
April 25, 1988
d. Approval of Request from City Manager for Carryover of
Vacation Time.
e. Authorization for City Attorney to Attend Annual League of
California Cities City Attorney Spring Meeting.
f. RESOLUTION NO. 1988 -14 - Approving Title III -B Supportive
Services Agreement with Riverside County Office on Aging
for Period of July 1, 1987-June 30, 1988.
g. Report of Planning Commission Action at Meeting of April
19, 1988.
Motion by Council Member Shaw, second by Council Member Bauer, to
approve the Consent Calendar.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Date Set for Next Regular Council Meeting, Monday, May 9, 1988, at
6:00 P.M., in the City Council Chambers.
There being no further business to come before the Council, on
motion by Council Member Waller, second by Council Member Shaw,
the meeting was adjourned at 6:50 P.M.
Respectfully submitted,
Page 3
•F?y�at. �;,., yam,.,..
BEAUMONT CITY COUNCIL
MINUTES OF
MAY 9, 1988
The Beaumont City Council met in a regular meeting at 6:00 P.M., on
Monday, May 9, 1988, in the City Council Chambers, with Mayor
Partain presiding.
On roll call the following Council Members were present: Bauer,
Connors, Shaw, Waller and Mayor Partain.
The Invocation was given by City Attorney Ryskamp.
The Pledge of Allegiance to the Flag was led by Council Member Waller.
1. Clerk's Affidavit of Posting.
The Clerk's affidavit of posting the agenda was read into the
record by the Deputy City Clerk.
2. Adjustments to Agenda.
There were no adjustments to the agenda.
3. ORAL COMMUNICATION:
Mr. Ernest Figuroa, 504 Monica Court, Beaumont, addressed the
Council, thanking them for their endorsement of Proposition
70, the Wildlife, Coastal and Park Land Bond Act, at the
meeting of April 25, 1988.
PUBLIC HEARINGS - 6:00 P.M.
4. PROPOSED GENERAL PLAN AMENDMENT AND CHANGE OF ZONE. Applicant:
Daniel Tsai and Sam Lee. Location: South side of 4th Street
approximately 300 feet east of Beaumont Avenue. A proposed
General Plan Amendment from Light Industry to Commercial
Highway Services, and Proposed Zone Change from Light Industry
(M -L) to Commercial General (C -G). (88- CC -GP -2, 88- RZ -2).
The Public Hearing was opened at 6:05 P.M.
Mr. Danny Lee, representing the applicant, spoke in favor of the
general plan amendment and zone change.
There were no opponents requesting to speak.
The Public Hearing was closed at 6:07 P.M.
The City Manager presented his staff report concerning this
General Plan Amendment and Zone Change, with a recommendation for
approval.
a. Consideration of Adoption of Negative Declaration 88 -ND -3.
Motion by Council Member Waller, second by Council Member Shaw,
to adopt Negative Declaration 88 -ND -3.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Page 1
Beaumont City Council
May 9, 1988
He then presented his staff report pointing out this is proposed
for single family residential even though the property is zoned
for RHD, and commended the developer for submitting this type of
project.
Secondly, he pointed out that in looking at the alignment of Palm
Avenue with no access from the individual lots, this developer is
following this policy so you have no backing out from driveways,
which will make for a much better project. Overall, he felt
it is a good project.
Answering a question from Council Member Waller, Community Deve-
lopment Director Steve Koules confirmed the lot sizes are within
the specifications of this type of zoning.
There was discussion regarding the block wall to be installed,
particularly the aesthetics, landscaping and requirement for
pilasters. It was clarified that the applicant will bring
back a landscaping plan for Planning Commission approval.
Answering a question from Council Member Connors, the City
Manager advised that a landscape agreement for maintenance
purposes will be placed on the property, to maintain the trees
and landscaping.
Mayor Partain brought attention to the original concept of the
development, Amendment No. A, which called for a total of 201
lots, and included a street going to Cherry Avenue. This con-
cept included variances on Lots 18$ and 186, for a reduction
in minimum depth for the two lots. It was his feeling this
concept was a better development of the property; would prevent
RHD from being developed on that portion of the property; and
would give the City a full street as well.
Mayor Partain stated that, from his personal standpoint, if the
developer is willing, and the Council is willing, all you would
be doing is giving two variances on two lots, and you are going
to get a full street. In addition, he did not agree with the
opinion that the area would not be conducive to a nice area
because of the high power lines. Just the opposite, he felt
the street would help the traffic flow in that area because of
Palm Avenue, and all the City would be doing would be giving
two variances on those two lots. The two lots are big lots,
and the depth is the only thing concerned. The school is not
going to expand and, in fact, indicated they did not want the
property.
He then requested the Council to consider this alternate plan.
The City Attorney indicated if the Council were to consider the
plan which included the variance, it would have to be renoticed
to include the variance.
a. Consideration of Adoption of Negative Declaration 88 -ND -2.
b. Consideration of Approval of Tentative Tract Map 23161.
Motion by Council Member Waller, second by Council Member Bauer,
to continue Tentative Tract Map 23161 to May 23, 1988; that the
variances, as originally considered by the Planning Commission,
be noticed for hearing at that time, and; that the applicant be
directed to convert Lot 183 into a tract as originally set forth
in Revision "A ", with a street and the additional single family
lots.
AYES: Council Member
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Bauer, Connors, Shaw,
END PUBLIC HEARINGS
Page 3
Waller and
Beaumont City Council
May 9, 1988
b. RESOLUTION NO. 1988 -15 - Amending the General Plan to Change
Zoning from Light Industry to Commercial Highway Services.
(88- CC- GP -2). Applicant: Daniel Tsai and Sam Lee.
Location: South side of 4th Street approximately 300 feet
east of Beaumont Avenue.
Motion by Council Member Waller, second by Council Member Shaw,
to adopt Resolution No. 1988 -15.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
C. ORDINANCE NO. 663 - FIRST READING - Rezoning Certain
Property from Light Industry (M -L) to Commercial General
(CG). (88- RZ -2). Location: South side of 4th Street
approximately 300 feet east of Beaumont Avenue. Applicant:
Daniel Tsai and Sam Lee.
Motion to Read Ordinance No. 663 by title only.
Motion by Council Member Connors, second by Council Member Bauer,
to read Ordinance No. 663 by title only.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
The Ordinance was read by title only by the Deputy City Clerk.
Motion to Approve Ordinance No. 663 on its first reading.
Motion by Council Member Waller, second by Council Member Bauer,
to approve Ordinance No. 663 on its first reading.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
S. TENTATIVE TRACT MAP 23161 - Applicant: WDS Development, Inc.
Location: North side of 14th Street at Palm Avenue, with
frontage on Cherry Avenue. A proposed subdivision of 63.01
acres into 183 single family lots.
The Public Hearing was opened at 6:13 P.M.
Mr. Joseph Mulley, $206 Bonita, Montclair, representing the
applicant, spoke in favor of approval of the tentative map.
There were no opponents requesting to speak.
The Public Hearing was closed at 6:15 P.M.
Council Member Waller asked the applicant if the names shown on
the streets were final, or could changes be made, with the appli-
cant responding that it was normal procedure for names to be
changed as desired by the City.
The City Manager advised that any suggestions the Council might
have for street names would be welcome, and these names would
be put on prior to recordation of the final map.
Page 2
Beaumont City Council
May 9, 1988
6. ORDINANCE NO. 661 - SECOND READING - Repealing Chapter 17.90 and
Section 17.14.005 of the Beaumont Municipal Code and Adding
Chapter 17.90, Sections 17.12.170 through 17.12.200 and
Section 17.14.005, Dealing with Zoning Amendments, Change of
Zone and General Plans.
Motion to read Ordinance No. 661 by title only.
Motion by Council Member Shaw, second by Council Member Waller,
to read Ordinance No. 661 by title only.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
The Ordinance was read by title only by the Deputy City Clerk.
Motion to Adopt Ordinance No. 661 at its second reading.
Motion by Council Member Shaw, second by Council Member Connors,
to adopt Ordinance No. 661 at its second reading.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
7. CONSENT CALENDAR - All items listed under the Consent Calendar
are considered to be routine by the City Council and will be
approved on 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.
a. Approval of Minutes of Regular City Council Meeting of
April 25, 1988.
b. Acceptance of Minutes of Regular Planning Commission
Meeting of April 19, 1988.
C. Approval of Payment of Warrants as Audited per Warrant
List of May 9, 1988, in the amount of $50,634.73; and
Payroll of April 28, 1988, in the amount of $43,147.75•
d. Request from Cherry Festival Association for Permits
or Concurrence for Operations of the 1988 Cherry
Festival using City Property or Facilities.
e. Certification of January 1, 1988 Population Estimate
(Information) .
f. Report of Planning Commission Action at Meeting of May
3, 1988.
Motion by Council Member Bauer, second by Council Member Shaw,
to approve the Consent Calendar.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Date Set for Next Regular Council Meeting, Monday, May 23, 1988,
at 6:00 P.M.
Page 4
Beaumont City Council
May 9, 1988
There being no further business to come before the Council, on
motion by Council Member Waller, second by Council Member Bauer,
the meeting was adjourned at 6:S5 P.M.
Respectfully submitted,
City Clerk
Page 5
BEAUMONT CITY COUNCIL
MINUTES OF
MAY 23, 1988
(As corrected per request of Council Member Connors at Meeting of June
13. Correction made, Page 3, Agenda Item No. 8, Paragraph three, the
name Phillips -Air was added).
The Beaumont City Council met in a regular meeting at 6:00 P.M., on
Monday, May 23, 1988, in the City Council Chambers, with Mayor
Partain presiding.
On roll call the following Council Members were present: Bauer,
Connors, Shaw and Mayor Partain. Let the record show Council Member
Waller arrived at 6:15.
The Invocation was given by Mayor Partain.
The Pledge of Allegiance to the Flag was led by Council Member Shaw.
1. Clerk's Affidavit of Posting.
The Clerk's affidavit of posting the agenda was read into the
record by the Deputy City Clerk.
2. Adjustments to Agenda.
There were no adjustments to the agenda.
3. ORAL COMMUNICATION:
There was no one requesting to speak during oral communication.
PUBLIC HEARING - 6:00 P.M.
4. CONSIDERATION OF NEGATIVE DECLARATION 88 -ND -2• TENTATIVE TRACT
MAP 23161 and VARIANCE 7-V- . Location: North side of 14th
Street at Palm Ave., with frontage on Cherry Avenue. A
proposed subdivision of 63.01 acres into 201 lots.
Applicant: WDS Development, Inc.
The Public Hearing was opened at 6:03 P.M.
Mr. Joseph Mulley, 5206 Bonita, Montclair, addressed the Council
as the representative for the developer.
There were no other proponents, and no opponents requesting to
speak.
The Public Hearing was closed at 6:05 P.M.
The Community Development Director presented his staff report
concerning this revised project, explaining the revisions
which had been made.
The City Manager clarified certain other points concerning
the moving of lot lines.
a. Consideration of Adoption of Negative Declaration 88 -ND -2.
Motion by Council Member Shaw, second by Council Member Bauer,
to adopt Negative Declaration 88 -ND -2, based upon the findings.
AYES: Council Member Bauer, Connors, Shaw, and Mayor
Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Waller.
Page 1
Beaumont City Council
May 23, 1988
b. Consideration of Granting Variance 87-V -8.
Motion by Council Member Bauer, second by Council Member Shaw,
to grant Variance 87-V -8, with findings relative to those
variances as set forth in the project analysis.
AYES: Council Member Bauer, Connors, Shaw, and Mayor
Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Waller.
C. Consideration of Approval of Tentative Tract Map 23161.
Motion by Council Member Connors, second by Council Member Bauer,
to approve Tentative Tract Map 23161.
AYES: Council Member Bauer, Connors, Shaw, and Mayor
Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Waller.
$. ORDINANCE NO. 663 - SECOND READING - Rezoning certain property
from Light Industry (M -L) to Commercial General (C -G). (88 -RZ -2)
Location: S /side of 4th St., approximately 300 feet east of
Beaumont Avenue. Applicant: Daniel Tsai and Sam Lee.
Motion to Read Ordinance No. 663 by title only.
Motion by Council Member Connors, second by Council Member Bauer,
to read Ordinance No. 663 by title only.
AYES:
Council
Member
Bauer,
Connors,
Shaw, and Mayor
Partain.
NOES:
None.
ABSTAIN:
None.
ABSENT:
Council
Member Waller.
Motion to
Adopt Ordinance No.
663 at
its second
reading.
Motion by
Council
Member
Shaw,
second by
Council Member
Connors,
to adopt Ordinance
No.
663 at its
second reading.
AYES:
Council
Member
Bauer,
Connors,
Shaw, and Mayor
Partain.
NOES:
None.
ABSTAIN:
None.
ABSENT:
Council
Member Waller.
6. RESOLUTION NO. 1988 -16 - Notice of Intention to Order Abandonment
of a Declaration of Dedication as Recorded in Official Records of
Riverside County November 3, 1978 as Instrument No. 232833 for
Public Roadway and Utility Purposes in Parcel 1, Parcel 4, Lot
"B" and Lot "C" of Parcel Map 8876, and Setting Date for Public
Hearing.
The City Manager presented his staff report giving the background
information concerning this proposed abandonment of easements.
Motion by Council Member Shaw, second by Council Member Bauer, to
adopt Resolution No. 1988 -16, setting the date of June 13, 1988
for public hearing.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Page 2
Beaumont City Council
May 23, 1988
7. Consideration of Appointment to Fill Vacancy on Planning
Commission.
Motion by Council Member Bauer, second by Council Member Connors,
to appoint Blanche Fries to the position of Planning Commissioner
to fill the unexpired term of Dennis Ingrao, which term expires
December 31, 1988.
AYES: Council Member Bauer, Connors, Shaw, and Mayor
Partain.
NOES: Council Member Waller.
ABSTAIN: None.
ABSENT: None.
Council Member Bauer stated that Mrs. Fries has had considerable
experience previously on the Commission, and feels she will be
very good.
Council Member Waller commented that he was happy to see such
qualified applications for the vacancy, especially the
qualifications of Mr. Parrott, and he was very glad to see
that Mr. Witt has again submitted his application.
8. Receive Bids and Consider Awarding of Bid for Installation
of Heating /Air Conditioning System in Council Chamber.
The City Manager reported only one bid was received, a copy of
which had been provided to the City Council for their
consideration, and recommended the bid be awarded to Phillips -Air
as their bid met all specifications and requirements.
Responding to a question from Council Member Bauer, the City
Manager indicated City work forces would seal off the wall to
the gymnasium.
Council Member Connors asked if a time frame for completion by
Phillips Air had been indicated, with the City Manager advising
they would do the job fairly rapidly.
In answer to a question from Council Member Shaw, the City
Manager stated that thirteen bid packages were mailed to local
heating /air conditioning companies, plus advertised in the
newspaper.
Motion by Council Member Bauer, second by Council Member Shaw,
to authorize the bid be awarded to Phillips -Air (Beaumont) in the
amount of $5,772.71, as an over budget item for Account 1450-
6030, General Government Capital Outlay Building.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
9. CONSENT CALENDAR - All items listed under the Consent Calendar
are considered to be routine by the City Council and will be
approved on 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.
a. Approval of Minutes of Regular Council Meeting of May 9,
1988.
b. Approval of Warrants as audited per Warrant List of May
23, 1988, in the amount of $132,458.16; and Payroll of
May 12, 1988, in the amount of $43,109.14.
Page 3
C. RESOLUTION NO. 1988 -17 -
Vacation of an Easement
Lying Within Portions of
Cougar Way, 600 feet east
Applicant: Devcorp.
Beaumont City Council
May 23, 1988
Ordering Abandonment and
for Public Sewer Purposes
Tract No. 22$23. Location:
of Beaumont Avenue.
d. RESOLUTION NO. 1988 -18 - Accepting Offer of Dedication
for Ten Feet of Additional Right -of -Way Along Sixth
Street and Ordering Recordation Thereof. Location:
N/W Corner of Sixth and Palm. Applicant: Christanti.
e. Request for Authorization to Allow a Seeing Eye Guide
Dog Program to Utilize the Dial -A -Ride buses for a
Training Program.
f. Request to Declare Two Vehicles Surplus and Unsuitable
for City Use, and Authorization to Sell Same by Sealed
Bids.
g. Authorization to Request Bids for Police Station, with
Bid Opening at 2:00 P.M., on June 8, 1988.
h. Authorization for Mayor to Execute Agreement for
Exchange of Real Property With the Beaumont Unified
School District.
Motion by Council Member Connors, second by Council Member
Bauer, to approve the Consent Calendar.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Date set for next regular Council Meeting, Monday, June 13,
1988, at 6:00 P.M., in the City Council Chambers.
There being no further business to come before the Council, on
motion by Council Member Waller, second by Council Member Bauer,
the meeting was adjourned at 6:31 P.M.
Respectfully submitted,
/ I
City Clerk
Page 4
BEAUMONT CITY COUNCIL
MINUTES OF
JUNE 13, 1988
The Beaumont City Council met in a regular meeting at 6:00 P.M., on
Monday, June 13, 1988, in the City Council Chambers, with Mayor
Partain presiding.
On roll call the following Council Members were present: Bauer,
Connors, Shaw and Mayor Partain. Let the record show Council Member
Waller arrived at 6:07.
The Invocation was given by City Manager Bounds.
The Pledge of Allegiance to the Flag was led by Council Member Shaw.
1. Clerk's Affidavit of Posting.
The Clerk's affidavit of posting the agenda was read into the
record by the Deputy City Clerk.
2. Adjustments to Agenda.
There were no adjustments to the agenda.
3. ORAL COMMUNICATION:
There was no one requesting to speak during oral communication.
4. PUBLIC HEARING - 6:00 P.M.
Abandonment of a Declaration of Dedication for Public Road -
Way and Utility Purposes for Parcel 1, Parcel 4, Lot "B"
and Lot "C" of Parcel Map 8876 as recorded November 3, 1978.
Location: Tract Map 22523. Applicant: Devcorp.
The public Hearing was opened at 6:03 P.M.
There were no proponents or opponents requesting to speak.
The public hearing was closed at 6:04 P.M.
The City Manager presented his report concerning this proposed
abandonment with his recommendation for adoption of Resolution
No. 1988 -19.
RESOLUTION NO. 1988 -19 - Ordering the Abandonment of Declara-
tion of Dedication as Recorded in Official Records of
Riverside County November 3, 1978, as Instrument No. 232833
for Public Roadway and Utility Purposes in Parcel 1, Parcel
4, Lot "B" and Lot "C" of Parcel Map 8876. Applicant:
Devcorp (Country Crossing Unit #6). Location: Tract Map
22523•
Motion by Council Member Connors, second by Council Member Shaw,
to adopt Resolution No. 1988 -19.
AYES: Council Member Bauer, Connors, Shaw, and Mayor
Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Waller.
Page 1
Beaumont City Council
June 13, 1988
5. Receive Bids and Consider Award of Bids for Construction of New
Police Facility.
The City Manager presented his report concerning bids received
for the police facility. This report is a matter of record in
the Clerk's file. He indicated the low bidder was Baldi Bros.
Constructors, with a bid of $697,000.00. This does not include
landscaping and some of the utility hook -ups. Those will come
to the Council at a later time.
He then introduced Mr. John Outcault, the architect for the
project.
Mr. Outcault indicated he was very pleased with the number of
bids received, and the outcome of the bidding. He has worked
well with Baldi Bros. in the past, feels they are competent
and well experienced, and has a good regard for them.
Brief questions were asked by members of the Council concerning
the design, anticipated occupancy date, the number of holding
cells, and the basic construction material to be used.
Motion by Council Member Connors, second by Council Member
Waller, to award the bid for construction of the new police
facility to Baldi Bros. Constructors, in the amount of
$697,000.00, and authorize the Mayor to execute all documents
required to implement this action.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
6. Request for Four -Way Stop at 14th and Michigan Avenue.
A report was received from the City Manager concerning this
request. This report is a matter of record in the Clerk's
file.
Chief of Police John Funston gave a brief overview of the
traffic survey conducted by the Police Department, concurring
with the City Manager's recommendation for denial based on
the findings of the survey.
Council Member Connors asked if the trees in the parkway were
the responsibility of the park owner, with the City Manager
indicating that was correct. She then asked Chief Funston if
pedestrian volume is taken into consideration when the traffic
survey is conducted, with Chief Funston stating that pedestrian
traffic is not counted.
Motion by Council Member Waller, second by Council Member Shaw,
to deny the request for a four -way stop at 14th and Michigan,
on the finding that the traffic does not warrant stop signs on
Michigan Avenue at this time.
There being no opposition, the motion carried unanimously.
7• ORDINANCE NO. 664 - FIRST READING - Repealing Chapter 10.20 of
the Beaumont Municipal Code and Adding New Chapter 10.20 to the
Municipal Code, Entitled Parking for Disabled Persons.
Page 2
Beaumont City Council
June 13, 1988
Motion to Read Ordinance No. 664 by title only.
Motion by Council Member Connors, second by Council Member
Bauer, to read Ordinance No. 664 by title only.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
The Ordinance was read by title only by the Deputy City Clerk.
Motion to Pass Ordinance No. 664 at its First Reading.
Motion by Council Member Waller, second by Council Member Shaw,
to pass Ordinance No. 664 at its first reading.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
8. Request from Mayor Partain for Discussion of Possible Meeting on
City Goals and Priorities.
There was discussion concerning Mayor Partain's request, with
all members of the Council concurring that a meeting regarding
City goals and priorities should be scheduled. It was the con-
sensus of the Council that late August or early September
would be the best time for this meeting, and that a facilitator
should be used.
All Council Members are to submit suggested topics of
discussion to the City Manager for presentation at this
meeting, as well as two or three suggested dates for the
meeting.
No action was taken by the Council.
9. Request from City Manager to Set Date for City Council Study
Session with Developers to Hear a Presentation on Siting and
Financing of Proposed Wastewater Treatment Plant and Wastewater
Transmission Facilities.
After consideration of
July 12, 1988, at 4:00
set by consensus of the
presentation and discus
wastewater treatment
facilities.
10. CONSENT CALENDAR:
the City
P.M., in
Council,
sion on s
plant
Manager's request, the date of
the City Council Chambers, was
for the Study Session to hear a
iting and financing the proposed
and wastewater transmission
Prior to consideration of the Consent Calendar, Council Member
Connors requested that a clarification be made in the minutes
of May 23, 1988, as follows: Page 3, Agenda Item No. 8, Para-
graph Three, the name Phillips -Air was added after the words
"for completion by ".
a. Approval of Minutes of Regular Council Meeting of May
23, 1988, as corrected.
Page 3
Beaumont City Council
June 13, 1988
b. Approval of Payment of Warrants as Audited per Warrant
List of June 13, 1988, in the amount of $215,512.13;
and Payroll of May 26, 1988, in the amount of
$42,872.63.
C. RESOLUTION NO. 1988 -20 - Establishing a Loading Zone
in 00 Block of Maple Avenue. Applicant: Cherry
Festival Association.
d. Authorization for City Manager to Execute Agreement
Relative to Preparation of Engineering and Planning
Documents Pertaining to Sewer Facilities and
Appurtenances.
Motion by Council Member Shaw, second by Council Member Connors,
to approve the Consent Calendar.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
11. 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 Leonard & Co., Inc. vs the
City of Beaumont, et al. Case No. Riverside Superior Court
192828.
The meeting was recessed to Closed Session at 6:50 P.M.
The meeting was reconvened to Regular Session at 7:29 P.M.
Let the record show a report was received from the City
Attorney, direction was given, but no definitive action was
taken.
Date Set for Next Regular Council Meeting Monday, June 27, 1988,
at 6:00 P.M., in the City Council Chambers.
There being no further business to come before the Council, on
motion by Council Member Waller, the meeting was adjourned at
7:30 P.M.
Respectfully submitted,
City Clerk
Page 4
BEAUMONT CITY COUNCIL
MINUTES OF
JUNE 272 1988
The Beaumont City Council met in a regular meeting at 6:00 P.M., on
Monday, June 27, 1988, in the City Council Chambers, with Mayor Partain
presiding.
n roll call the following Council Members were present: Bauer,
Connors, Shaw, Waller and Mayor Partain.
The Invocation was given by Council Member Bauer.
The Pledge of Allegiance to the Flag was led by Mayor Partain.
1. Clerk's Affidavit of Posting.
2.
3•
The Clerk's affidavit of posting the agenda was read into the
record by the Deputy City Clerk.
Adjustments to the Agenda.
Council Member Connors requested that Agenda Item No. 9 be re-
moved from the agenda and continued to the next meeting to allow
the Council additional time to review the Oak Valley project EIR.
Motion by Council Member Connors, second by Council Member Waller,
to continue Agenda Item No. 9 to the regular meeting of July 11,
1988.
AYES: Council Member
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
nP AT. 0nMMTTNTf! A TTnM -
Bauer, Connors, Shaw, Waller and
There was no one requesting to speak under oral communication.
¢. ORDINANCE NO. 652 - FIRST READING - Repealing Sections
17.55.005 through 17.55.200 of the Beaumont Municipal Code
and Repealing 17.80.105(d)(5) and Adding a New Chapter 17.55
to the Municipal Code Entitled Off- Street Parking and Loading.
Motion to Read Ordinance No. 652 by Title Only.
Motion by Council Member Waller, second by Council Member Shaw, to
read Ordinance No. 652 by title only.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
The Ordinance was read by title only by the Deputy City Clerk.
Motion to Approve Ordinance No. 652 at its First Reading.
Motion by Council Member Connors, second by Council Member Bauer,
to approve Ordinance No. 652 at its first reading.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Page 1
Beaumont City Council
June 27, 1988
5. ORDINANCE NO. 665 - FIRST READING - Consenting to a Change of
Ownership of the Sole Stockholder of One of the General Partners
of each of the Venturers of American Cable of Redlands Joint
Venture, the Current Holder of a Franchise Authorizing the
Operation and Maintenance of a Cable Television System in the
City.
Kathleen Ouillette, System Manager for Southland Cable in Moreno
Valley, answered a question from Council Member Waller to the
effect this change would have no effect whatsoever on the service
in Beaumont. There would be no personnel changes or changes in
the service.
Motion to Read Ordinance No. 665 by Title Only.
Motion by Council Member Waller, second by Council Member Shaw, to
read Ordinance No. 665 by title only.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Motion to Approve Ordinance No. 665 at its First Reading.
Motion by Council Member Shaw, second by Council Member Bauer, to
approve Ordinance No. 665 at its first reading.
AYES: Council Member Bauer, Connors, Shaw and Mayor Partain.
NOES: Council Member Waller.
ABSTAIN: None.
ABSENT: None.
6. ORDINANCE NO. 664 - SECOND READING - Repealing Chapter 10.20 of
the Beaumont Municipal Code and Adding a New Chapter 10.20 to
the Municipal Code Entitled "Parking for Disabled Persons ".
Motion to Read Ordinance No. 664 by Title Only.
Motion by Council Member Waller, second by Council Member Connors,
to read Ordinance No. 664 by title only.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Motion to Adopt Ordinance No. 664 at its Second Reading.
Motion by Council Member Waller, second by Council Member Connors,
to adopt Ordinance No. 664 at its second reading.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
7• RESOLUTION NO. 1988 -21 - Adopting Handicapped Parking
Regulations.
Council Member Shaw requested that the ratio of parking spaces
for handicapped parking be changed so there would be more than
one parking space for 40 spaces. The City Attorney asked for
clarification regarding where the break should be, and after
discussion it was concluded the break would be at 30.
Page 2
MP
M
10.
Beaumont City Council
June 27, 1988
In other words, from 1 -30, one handicapped parking space would
be required - from 30 -40, two handicapped parking spaces, with
the ratio adjusted from thereon.
Council Member Waller felt it would be helpful if the Council
had information giving them the number of handicapped drivers
to compare with the total population, prior to making a final
decision.
Motion by Council Member Waller, second by Council Member Connors,
to continue Agenda Item No. 7 to the July 11 meeting in order that
the Council may get further information specifically pertaining to
the number of handicap licensed motor vehicle operators there are
in the City of Beaumont.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Request for One Year Extension of Tract Map 22332. Location:
Between Pennsylvania and Cherry Avenue, north of 10th Street.
Applicant: Neal Baker. A 48 lot subdivision (86- TM -1).
Motion by Council Member Connors, second by Council Member Bauer,
to grant the request for a one year extension for Tract Map
22332.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Consider Request from Beaumont - Cherry Valley Water District
Relative to Support of Their Opposition to EIR as Submitted
by the Oak Valley Project.
By previous motion, this agenda item was continued to July 11,
1988.
Request from Council Member Connors for Discussion Regarding
Taking Appropriate Action to Copyright the City Logo.
There was lengthy discussion, with all Council Members
participating, regarding the advisability of copyrighting the City
logo, the cost involved, how a copyright would affect those people
already using the logo, and the type of enforcement problems the
City might experience if the logo were copyrighted.
There did not appear to be sufficient support to initiate the
necessary proceedings to apply for a copyright. As a result, no
action was taken on the request.
11. Information Regarding Request Made to Beaumont - Cherry Valley
Water District to Install Necessary Water Mains to Provide Fire
Flow for New Police Facility.
The City Manager presented a verbal report concerning his request
to the Beaumont- Cherry Valley Water District for installation of
water mains to provide fire flow for the new police facility. The
Planning and Engineering Department of the Riverside County Fire
Department plan checked the police facility, and there is
insufficient fire flow currently existing at the site to meet
their requirements.
Page 3
Beaumont City Council
June 27, 1988
Since time is of the essence, the City manager felt there was not
sufficient time to bring this matter to the Council prior to
making the request of the Water District.
As a result, he requested the Water District to install the
necessary water mains on a time and material basis at the earliest
possible date. The General Manager of the Water District will be
placing this request on his Board's agenda for July 7, 1988.
In addition, if the Water District agrees to the above, they have
some 12 inch line on order today for another job. If the Board
will agree to delay their job, and allow the City to use about 350
feet of that 12 inch line, it would save the City a considerable
amount of time. At the present time there is a delay of eight
weeks delivery on 12 inch water line.
The City Manager reiterated these are the reasons he didn't have
time to wait to come to the Council, because he wanted to get in
the extra weekend prior to this Council meeting to try to do
everything possible to build the police facility with the lowest
amount of money to the taxpayers of the community.
He is hoping for a favorable response by July 8, and if the
District does the job, the cost will be approximately $18,000.
Responding to a question from Council Member Shaw, the City
Manager indicated the County Fire Department is the agency that
set the requirements for fire flow and hydrants. The facility is
a sprinkled building, and will have two fire hydrants.
12. CONSENT CALENDAR - All items listed under the Consent Calendar
are considered to be routine by the City Council and will be
approved on 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.
a. Approval of Minutes of Regular Council Meeting of June
13, 1988.
b. Acceptance of Minutes of Regular Planning Commission
Meeting of May 3, 1988.
C. Approval of Payment of Warrants as Audited per Warrant
List of June 27, 1988; and Payroll of June 9, 1988,
in the amount of $42,270.43.
d. Report of Action Taken by Planning Commission at
Meeting of June 21, 1988.
Motion by Council Member Bauer, second by Council Member Shaw, to
approve the Consent Calendar.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
13. Recess to Closed Session to Meet with Its Designated
Representative Regarding Labor Relations Matters Pursuant to
Government Code Section 54957.6.
The meeting was recessed to closed session at 7:14 P.M.
The meeting was reconvened to regular session at 8:34 P.M.
Page 4
Beaumont City Council
June 27, 1988
Let the record show that a report was given by the City Manager
regarding labor relations, and direction was given by the Council,
but no definitive action was taken in closed session.
Date Set for Next Regular Council Meeting, Monday, July 11,
1988, at 6:00 P.M., in the City Council Chambers.
Motion by Council Member Waller, second by Council Member Shaw, to
adjourn this meeting to Thursday, June 30, at ¢:00 P.M., in the
City Council Chambers.
There being no opposition, the motion carried unanimously.
The meeting was adjourned at 8:35 P.M.
Respectfully submitted,
City Clerk
Page 5
BEAUMONT CITY COUNCIL
MINUTES OF
JULY 11, 1988
The Beaumont City Council met in a regular meeting at 6:00 P.M., on
Monday, July 11, 1988, in the City Council Chambers, with Mayor Partain
presiding.
On roll call the following Council Members were present: Bauer,
Connors, Shaw and Mayor Partain. Let the record show Council Member
Waller arrived at 6:04 P.M.
The Invocation was given by Council Member Connors.
The Pledge of Allegiance to the Flag was led by City Manager Bounds.
1. Clerk's Affidavit of Posting.
The Clerk's affidavit of posting the agenda was read into the
record by the Deputy City Clerk.
2. Adjustments to the Agenda.
Motion by Council Member Bauer, to remove Item No. 9 from the
agenda as he feels it is inappropriate for the City Council to
discuss the item. DIED FOR LACK OF A SECOND.
3. ORAL COMMUNICATION:
There was no one requesting to address the Council under oral
communication.
PUBLIC HEARINGS - 6:00 P.M.
4. TENTATIVE PARCEL MAP 23144 - (87- PM -9). Applicant: Jack D.
Williams. Location: North Side of 1st Street approx. 150 ft
West of intersection with Maple Avenue. Proposed division
of 1.16 acres into two parcels.
The public hearing was opened at 6:05 P.M.
Mr. David Sumner, of the firm of Sanborn -Webb Engineering,
representing the applicant: We are naturally the proponent for
it. The application is basically boilerplate. We are asking for
a waiver of the final map, and that would be most of my
discussion, regarding the waiver of the final map. I think it
would be redundant to give you the positive side of it unless you
wish to discuss that. Is it appropriate at this time to request
the waiver, and hopefully you have a package of correspondence
that I submitted.
To repeat, we are proponents of the parcel map. It is in order by
most of the considerations of the conditions. We are requesting a
waiver of the final map. And I feel that the discussion would be
more detailed at the time you wish to consider that rather than
just the positive side of the parcel map itself. You have copies,
I hope, of the map, as well as of my correspondence, and would you
wish to discuss the waiver, or wait for the rest of the hearing
until a later time in the hearing.
Mayor Partain: Do we have a separate on that - there is not a
separate waiver on that is there Mr. Bounds. It is all under the
same.
City Manager: No, you are considering the Planning Commission's
recommendation that a tentative map be approved. The Planning
Page 1
BEAUMONT CITY COUNCIL
MINUTES OF
ADJOURNED MEETING OF JUNE 302 1988
(Adjourned from June 27, 1988)
The meeting was called to order by the Deputy City Clerk at 4:00
P.M.
On roll call all Council Members were absent.
The meeting was declared canceled by the Deputy City Clerk for
lack of a quorum.
4. RESOLUTION NO. 1988 -22 - Authorizing the Signing and
Execution of the Memoranda of Understanding Between the City
of Beaumont and the General Employees Unit of the Public
Employees Association 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.
Let the record show this resolution will be placed on the
Council agenda for their regular meeting of July 11, 1988.
The meeting was adjourned at 4:01 P.M.
Respectfully submitted,
x�-
City Clerk
L tumont City Council
July 11, 1988
denied the request for waiver, and what Mr. Sumner is saying is
that they are back tonight before you asking for that waiver
again.
Mayor Partain: Okay. Go ahead then, Dave, if you wish to go into
that. Did you wish to go into the reasons for asking for the
waiver.
Mr. Sumner: Yes. The parcel in question was created by our
original parcel map, dated in 1881, and again revised and recorded
in 1888, which created the lots and blocks in the town.
Subsequent to that, in 1893, through the Board of Supervisors,
which was prior to the Cityhood of Beaumont, they did vacate all
streets and alleys in certain blocks, by a certain instrument,
which was finally recorded in 1940. The recording doesn't remove
the minute action of the County Supervisors, but it did,
apparently, document it at that time.
The lot in question was again recreated in 1925, which made it a
legal lot, because when you vacate property you eliminate all
lines, and through a legal description was recreated, and then,
again, divided in 1967, between Cal Floral and the owners at that
time, which were the Baldwins, formerly known as the Dickhausers,
which are the same family. The name changed through family.
The Ordinance in the California Code says that when you vacate
property to or from a government, you do not need to go through
the parcel map procedure. So the legal description of the
property does not include Orange Avenue, or the alley to the east.
As far as the description, but because of the vacation by the
government, it is not needed according to State law.
Since these properties were described and recreated prior to the
Subdivision Map Act, they stand as a legal document as far as we
are concerned, so that the final map would not be needed to
document again the redundancy of that parcel. Had it been after
1971, then you would be required to do so.
The map that is submitted to you meets all the conditions of
approval. There was a cloud from the title company originally,
that spoke of a street maybe vacated, but since that cloud has
been lifted, and a new, updated title report has been issued, it
has stated that the document that vacated them in 1893•
Apparently the document was so old the computer didn't pull it
out. We did research it, and found it, and told the title company
about it, and they accepted that.
I believe the survey has been concluded to some degree.
Naturally, when you waive a final map, the survey is not
completed, but there is survey control that would allow you a
mathematical closure to satisfy the State code, in the event of a
legal description being written. It could be done. Original
monuments were found out there. They are assumed to be the
original 1890 hubs of 2 x 2' s with no tags. There was a survey
done by another surveyor who probably did it prior to '71, and
did not record those corners, but he did put his tags on there,
and they are monuments of record, even though they are not
recorded at the County.
The other things in order are the drainage, public access, sewer
easements and things of this sort, and all the conditions of
approval submitted by the City Engineer have been addressed,
according to the best knowledge I have, that the Building
Inspector, City Engineer and Planning Director have addressed.
I think, from memory, unless we go down the list of codes, that we
have concluded that you have in front of you, and I also have and
refer to them - we are in compliance with the waiver of the final
map. And the codes in there allow you, by law, to create a waiver
of the variance. They allow that vacation to and from a
government are not required of a parcel map. And certain other
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Beaumont City Council
July 11, 1988
provisions in there, if you care to go down the list of them and
take them one by one. The City Attorney was here at the last
meeting and went along with some of them with me. And I have a
copy of the map act with me if you would care to refer to it.
I will leave it at that unless you wish me to detail anything.
Mayor Partain: Okay. Do we have questions. Anybody have any
questions.
Council Member Connors: Yes. What is your objection to the
parcel map. To doing this. Just the redundancy. It not being
necessary. It supposedly costs the same, unless you take issue
with that.
Mr. Sumner: No, it is really much more expensive to do the final
map. It would cost the client considerably more than the option
of not filing the final map. The tentative map would stand as it
is, with the documentation. There is another process that the
City may take option to do, but by waiving the final map you
don't go through the process of another map, plus extensive
surveying and recording, and it would take another $1500 to do
that. I don't know what other expense would be involved, if you
choose to waive the final map.
Council Member Connors: Okay.
Mr. Sumner: There is nothing else to do.
Mayor Partain: Any further questions.
Council Member Connors: No.
Mayor Partain: Thank you Mr. Sumner. Are there any other
proponents. Anyone wishing to speak on behalf. Any opponents.
Anyone wishing to speak against tentative parcel map 23144•
Anyone wishing to speak at all.
The public hearing was closed at 6:14 P.M.
A report was received from the Community Development Director,
which included a recommendation for approval of the negative
declaration and tentative parcel map. In addition, Mr. Koules
outlined the various reasons for recommendation of denial of the
request for waiver of the final parcel map.
All documentation relative to Mr. Koules' report is a matter of
record in the Clerk's file.
Council Member Connors asked for clarification of the statement by
the City Engineer that the costs would be about the same whether
the parcel map was waived or not, however, Mr. Sumner says this is
not the case.
The City Manager pointed out that Mr. Sumner stated that a survey
would not be done if the final parcel map was waived, but the City
Engineer indicates a survey will be required even if there is a
waiver of the parcel map, thus there would be the cost of survey
either way.
Mr. Sumner asked the record show that he was not aware that the
City Engineer was going to request the survey if it were waived.
That was the primary reason for economic consideration. If a
survey is done, the State requires that a record of survey must be
filed. By the time a record of survey is done, plus a field
survey, the cost is probably back up to approximately the same
amount.
It was pointed out by Mr. Koules this requirement existed at the
time the tentative map was presented to the Planning Commission.
Page 3
Beaumont City Council
July 11, 1988
There were no other questions from the Council.
a. Consideration of Adoption of Negative Declaration 88 -ND -4.
Motion by Council Member Waller, second by Council Member Shaw, to
Adopt Negative Declarati-on 88 -ND -4.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
b. Consideration of Approval of Tentative Parcel Map 23144•
Motion by Council Member Waller, second by Council Member Shaw, to
approve Tentative Parcel Map 23144 as submitted by the Planning
Commission.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
5. CONSIDERATION OF INCREASE IN FEES FOR RUBBISH SERVICE.
A report was received from the City Manager concerning this need
for an increase in the rubbish service fees. This report is a
matter of record in the Clerk's file.
The public hearing was opened at 6:28 P.M.
There were no proponents or opponents requesting to speak.
The public hearing was closed at 6:29 P.M.
RESOLUTION NO. 1988 -23 - Amending Resolution No. 1986 -17 and
All Other Resolutions in Conflict Herewith To Provide for
Updated Rubbish Service Collection Costs for Residential
Users and Commercial Bin Users.
Motion by Council Member Bauer, second by Council Member Connors,
to adopt Resolution No. 1988 -23.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
END PUBLIC HEARINGS
6. ORDINANCE NO. 652 - SECOND READING - Repealing Sections
17.55.005 through 17.55.200 of the Beaumont Municipal Code
and Repealing 17.80.105(d)(5) and Adding a New Chapter 17.55
to the Municipal Code Entitled Off- Street Parking and Loading.
Motion to Read Ordinance No. 652 by Title Only.
Motion by Council Member Shaw, second by Council Member Bauer, to
read Ordinance No. 652 by title only.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
The Ordinance was read by title only by the Deputy City Clerk.
Page 4
Beaumont City Council
July 11, 1988
Motion to Adopt Ordinance No. 652 at its Second Reading.
Motion by Council Member Waller, second by Council Member Bauer,
to adopt Ordinance No. 652 at its second reading.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
7• ORDINANCE NO. 665 - SECOND READING - Consenting to a Change of
Ownership of the Sole Stockholder of One of the General Partners
of each of the Venturers of American Cable of Redlands Joint
Venture, the Current Holder of a Franchise Authorizing the
Operation and Maintenance of a Cable Television System in the
City.
Motion to Read Ordinance No. 665 by Title Only.
Motion by Council Member Waller, second by Council Member Shaw, to
read Ordinance No. 665 by title only.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
The Ordinance was read by title only by the Deputy City Clerk.
Motion to Adopt Ordinance No. 665 at its Second Reading.
Motion by Council Member Shaw, second by Council Member Bauer, to
adopt Ordinance No. 665 at its second reading.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
8. RESOLUTION NO. 1988 -21 - Adopting Handicapped Parking
Regulations. Continued from June 27, 1988).
The City Manager reported that DMV does not have the number of
disabled drivers by City or by County, so this information is not
available.
Council Member Shaw indicated he still felt the ratio of
handicapped parking spaces should be increased.
Council Member Connors questioned the provision for one
handicapped parking space for those businesses with less than five
parking spaces which would not be marked handicapped.
Mayor Partain clarified that by designating one parking space
exclusively for handicapped, it would cut the parking down for
these small businesses. The one space for handicapped would be
larger than the others, to accommodate wheelchairs, etc., but
would not be marked exclusively for handicapped, thus leaving the
space available for other customers as well.
There was discussion concerning the proper increase of ratio per
parking spaces.
Motion by Mayor Partain, second by Council Member Bauer, to adopt
Resolution No. 1988 -21, with the following changes:
Page 5
aumont City Council
.,aly 11, 1988
2. NUMBER OF REQUIRED SPACES.
Total # Spaces # Handicapped Spaces
Mayor
9. Consider Request from Beaumont - Cherry Valley Water District
Relative to Support of Their Opposition to EIR as Submitted
by the Oak Valley Project. (Continued from June 27, 1988).
Mr. Chuck Butcher, General Manager of the Beaumont- Cherry Valley
Water District, addressed the Council giving detailed background
information supporting the Water District's feeling the Oak Valley
EIR does not adequately mitigate the overdraft they will cause on
the water basin. Mr. Butcher then answered questions from Council
Member Waller.
Mrs. Alma Vrzal, 720 California Avenue, addressed the Council,
stating that she was not against Oak Valley, but she feels the
water is a big problem and should be addressed by the EIR, and
hoped the Council would go along with the Water District.
Mr. Russ Russell, 9484 Oak Creek Road, Cherry Valley, a member of
the School Site Council, Chairman of the Board of the Parks and
Recreation District, and secretary of the Cherry Valley Chamber of
Commerce, and representing all three organizations, addressed the
Council, asking their support of the Water District's opposition
to the Oak Valley EIR. In addition to the water issue, he called
attention to impact on the school system.
Mr. Walter Dworschak, President of Ministry to Aging Project and
also speaking on behalf of the Cherry Valley Environmental
Planning Committee, addressed the Council also asking their
support of the opposition to the EIR in relation to the water
issue. He also spoke regarding other areas of concern, and handed
a document to the Council giving certain information. A copy of
this handout was not given to the City Clerk for the record.
Council Member Bauer read a prepared statement which is included
in the minutes verbatim at the request of Council Member Shaw, as
follows:
"In reading the documents in my agenda packet and the mail I
received this past week, it is evident that the self appointed
Cherry Valley Environmental Planning Group and the Board of
Directors of the Water District are anxious to drive a wedge
between the incorporated City of Beaumont and the Landmark
Corporation. And, as evidence that that is the case, that is
precisely why they are here, because they are - can - and should -
take a stand on their own and present it without the backing of
the City Council.
Both groups are trying to restrict growth. However, growth is
going to happen whether they like it not. They now ask the City
Council to underwrite their position. This is not the kind of
treatment that the thinking people of the incorporated City of
Beaumont deserve, and it is not a defensible position for us to
Page 6
1- 20
1
21- 40
2
41- 6o
3
61- 80
4
81 -120
5
121 -160
6
161 -300
7
301 -400
8
401 -500
9
over 500 +1 for
each 200 over 500
AYES:
Council Member Bauer,
Connors, Shaw and
Partain.
NOES:
Council Member Waller.
ABSTAIN:
None.
ABSENT:
None.
Mayor
9. Consider Request from Beaumont - Cherry Valley Water District
Relative to Support of Their Opposition to EIR as Submitted
by the Oak Valley Project. (Continued from June 27, 1988).
Mr. Chuck Butcher, General Manager of the Beaumont- Cherry Valley
Water District, addressed the Council giving detailed background
information supporting the Water District's feeling the Oak Valley
EIR does not adequately mitigate the overdraft they will cause on
the water basin. Mr. Butcher then answered questions from Council
Member Waller.
Mrs. Alma Vrzal, 720 California Avenue, addressed the Council,
stating that she was not against Oak Valley, but she feels the
water is a big problem and should be addressed by the EIR, and
hoped the Council would go along with the Water District.
Mr. Russ Russell, 9484 Oak Creek Road, Cherry Valley, a member of
the School Site Council, Chairman of the Board of the Parks and
Recreation District, and secretary of the Cherry Valley Chamber of
Commerce, and representing all three organizations, addressed the
Council, asking their support of the Water District's opposition
to the Oak Valley EIR. In addition to the water issue, he called
attention to impact on the school system.
Mr. Walter Dworschak, President of Ministry to Aging Project and
also speaking on behalf of the Cherry Valley Environmental
Planning Committee, addressed the Council also asking their
support of the opposition to the EIR in relation to the water
issue. He also spoke regarding other areas of concern, and handed
a document to the Council giving certain information. A copy of
this handout was not given to the City Clerk for the record.
Council Member Bauer read a prepared statement which is included
in the minutes verbatim at the request of Council Member Shaw, as
follows:
"In reading the documents in my agenda packet and the mail I
received this past week, it is evident that the self appointed
Cherry Valley Environmental Planning Group and the Board of
Directors of the Water District are anxious to drive a wedge
between the incorporated City of Beaumont and the Landmark
Corporation. And, as evidence that that is the case, that is
precisely why they are here, because they are - can - and should -
take a stand on their own and present it without the backing of
the City Council.
Both groups are trying to restrict growth. However, growth is
going to happen whether they like it not. They now ask the City
Council to underwrite their position. This is not the kind of
treatment that the thinking people of the incorporated City of
Beaumont deserve, and it is not a defensible position for us to
Page 6
take.
Beaumont City Council
July 11, 1988
If the Water District was doing its job, they would be exploring
our mountains for more sources. They have promoted the idea that
we are in overdraft, but have done nothing about expanding our
water resources, and there is no law that tells them that they
cannot. If in any area of these United States the water districts
failed to keep up with demand, I have yet to hear about it. They
have not stopped building in LA. Rancho California. Moreno
Valley, or anywhere else for lack of water. Only in a small City
like Beaumont would a water district group take the do- nothing
approach and raise a howl because of the result of their own
shortcomings. Anywhere else in this country the group would have
had the courage to accept their responsibilities and provide for
the future.
It is my honest and sincere opinion that Landmark's Oak Valley
project is an opportunity for us. It would be good to have a well
engineered community that is ready and willing to provide open
space, recreation facilities and jobs for the people as a friendly
neighbor to the west of us. The only other alternative is the
Sunnymead type promiscuous growth which could really devastate the
area ".
Council Member Connors stated that she felt Landmark, being a
large company, expected questions regarding the EIR since they
have been building for quite a while and know what they are doing.
She feels it is an over - reaction to think that the Water District
would want to drive a wedge between the City and Landmark, because
questioning the water portion of an EIR is the responsibility of a
water district.
She herself feels that the EIR is vague on several points, and on
some points it is misleading, and with her past history of wanting
EIRs strengthened, since that is what an EIR is there for - to
address all of the concerns and the problems - and in this case
the problems are stated throughout the EIR, but no solutions to
the problems. All the solutions are couched in terms of
optimistic expectation and assumptions. With the water being an
important issue, asking the Landmark Company to address the issues
more thoroughly is not unreasonable.
She agreed wholeheartedly with the Chamber of Commerce on the good
neighbor aspect of Landmark, and thinks it would be a wonderful
development to have there and does not think that Landmark will
construe any concerns the City has about the water issue into the
City being opposed to them. You have to move carefully in the
area of water, and she doesn't think the EIR does move carefully.
Although the EIR admits the problem exists all the way through,
all of the solutions are couched in terms of might, could and
maybe. It fails to reveal pertinent information that was provided
by the district, the San Gorgonio Water Agency, and the group in
Cherry Valley.
In conclusion, she supported the district's efforts to strengthen
the integrity of the EIR, and oppose the EIR - not Landmark - as
it now stands.
Council Member Shaw stated he felt Landmark will make a ghost town
out of the City of Beaumont.
Council Member Waller said that according to the EIR, when it is
talking about water and sewer, it goes from existing conditions
all the way through proposed projects, it says both on and off -
site water supply and sewage disposal would be used. Additional
benefit of excess service capacity would be utilized to mitigate
existing and future demands. Mr. Waller felt this means trouble
because one way or the other, the City will be faced with some
type of problem either in water or sewage, and agreed with Council
Member Connors that the EIR should be strengthened and the City
should show support in the opposition to the EIR.
Page 7
10.
11.
Beaumont City Council
July 11, 1988
Mayor Partain questioned the intent of an EIR and whether it has
to contain mitigating measures, or just address the problems,
with the mitigation required by the agencies governing the
project. From that standpoint he did not know whether opposition
is necessary, because the EIR does point out there are problems
with water, and could lead to more problems later.
He did believe the Council has a responsibility to take a stand on
the project, because of the problems it can cause the City and its
citizens, and he does support the water district's concern and
felt that any problems caused by Landmark should be mitigated by
Landmark.
Mr. Chuck Butcher was allowed to rebut Mr. Bauer's statement,
stating that Beaumont- Cherry Valley Water District is not opposed
to growth and have issued Letters of Intent to both the Hovchild
project, Potrero Creek project, and Three Rings ranch. These
three projects represent at least 4000 houses, and is one of the
reasons the water district is opposed to a project on the other
end taking the water.
There were no further comments or discussion from the Council or
audience.
Motion by Council Member Waller, second by Council Member Shaw, to
direct staff to write a letter supporting Beaumont- Cherry Valley
Water District's position in opposition to the EIR as submitted by
the Oak Valley project in that it should establish definite goals
and guidelines to solve the water issue and protect the areas
presently relying on local groundwater as their only source of
supply.
AYES: Council Member Connors, Shaw, Waller and Mayor
Partain.
NOES: Council Member Bauer.
ABSTAIN: None.
ABSENT: None.
CONSENT CALENDAR:
a. Approval of Minutes of Regular Council Meeting of June 27,
1988 and Adjourned Council Meeting of June 30, 1988.
b. Approval of Payment of Warrants as audited per Warrant List
of July 11, 1988, in the amount of $98,346.53; and Payroll
of June 23, 1988, in the amount of $45,135.35.
C. Authorization for Mayor to Execute Supplemental Agreement
for Use of Community Development Block Grant Funds - 14th
Year.
Motion by Council Member Shaw, second by Council Member Connors,
to approve the Consent Calendar.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Recess to Closed Session Pursuant to Government Code Section
54957.6 to Meet with Its Designated Representative Regarding
Labor Relations Matters.
The meeting was recessed to Closed Session at 7:40 P.M.
The meeting was reconvened to Regular Session at 8:10 P.M.
Page 8
heaumont City Council
July 11, 1988
Let the record show a report was given by the representative
regarding labor relations, but no definitive action was taken by
the Council.
12. RESOLUTION NO. 1988 -22 - Authorizing the Signing and
Execution of the Memoranda of Understanding Between the City
of Beaumont and the General Employees Unit of the Public
Employees Association of Riverside County, Inc.; and the
Management and Administrative Employees as Individuals.
Motion by Council Member Connors, second by Council Member Shaw,
to adopt Resolution No. 1988 -22.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Date Set for next regular meeting, Monday, July 25, 1988, at 6:00
P.M., in the City Council Chambers.
There being no further business to come before the Council, on
motion by Council Member Waller, the meeting was adjourned at 8:12
P.M.
Respectfully submitted,
Page 9
BEAUMONT CITY COUNCIL
MINUTES OF
JULY 25, 1988
The Beaumont City Council met in a regular meeting at 6:00 P.M., on
Monday, July 25, 1988, in the City Council Chambers, with Mayor
Partain presiding.
On roll call the following Council Members were present: Bauer,
Connors and Mayor Partain. Let the record show Council Member
Shaw arrived at 6:07 and Council Member Waller was excused.
The Invocation was given by City Attorney Ryskamp.
The Pledge of Allegiance to the Flag was led by City Manager Bounds.
1. Clerk's Affidavit of Posting.
The Clerk's affidavit of posting the agenda was read into the
record by the Deputy City Clerk.
2. Adjustments to the Agenda.
There were no adjustments to the agenda.
3. ORAL COMMUNICATION:
There was no one requesting to address the Council under oral
communication.
4• ORDINANCE NO. 662 - FIRST READING - Repealing Chapter 17.14 of
the Beaumont Municipal Code and Adding Chapter 17.14, Dealing
with General and Specific Plans.
A verbal report was received from the City Attorney concerning
this proposed ordinance, with additional comments by Community
Development Director, Steve Koules.
Motion to Read Ordinance No. 662 by Title Only.
Motion by Council Member Shaw, second by Council Member Connors,
to read Ordinance No. 662 by title only.
AYES: Council Member Bauer, Connors, Shaw and Mayor
Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Waller.
Motion to Approve Ordinance No. 662 at its first reading.
Motion by Council Member Connors, second by Council Member Bauer,
to approve Ordinance No. 662 at its first reading.
AYES: Council Member Bauer, Connors, Shaw and Mayor
Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Waller.
5. ORDINANCE NO. 666 - FIRST READING - Adding Chapter 17.36 to the
Beaumont Municipal Code, Entitled "Specific Planning Area Zone ".
Reports were received from the City Attorney and City Manager,
with a recommendation from the City Manager that the Ordinance be
continued to the next meeting.
Page 1
Beaumont City Council
July 25, 1988
Motion by Council Member Bauer, second by Council Member Connors,
to continue Ordinance No. 666 to the regular meeting of August 8,
1988.
AYES: Council Member Bauer, Connors, Shaw and Mayor
Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Waller.
6. Request from Mr. Roger Berg for Reduction of Speed on Beaumont
Avenue from 14th Street to 6th Street.
Mr. Roger Berg, 1164 Euclid Avenue, addressed the Council in
support of his request for a reduction of the speed limit on
Beaumont Avenue between 14th Street and 6th Street, citing various
reasons for this request, and submitting a petition signed by
approximately 168 citizens who also support this request.
Mr. Oscar Berg, 1169 Euclid Avenue, also addressed the Council in
support of reduction of the speed limit.
There were no questions from the Council of either Roger or Oscar
Berg.
Chief of Police John Funston referred to his report, as submitted
to the Council with their agenda packet, calling attention to
specific areas of concern if the speed limit is reduced. Mainly,
the City will encounter problems with citations not holding up in
Court due to the fact the traffic study shows a reasonable speed
of 45 m.p.h.; and the possibility we would not be able to utilize
radar anywhere in the City. These guidelines are set by the State
Traffic Manual over which the City has no control. (Chief
Funston's report is a matter of record in the Clerk's file).
Council Member Connors asked if it would take the same amount of
manpower for radar as it would to be more visible, with Chief
Funston stating it would take more for visibility. She then asked
1) if the reasonable speed limit for that area, under State law,
would apply whether you use radar or not, and 2) since we have
been using radar - and have completed the survey - what would
happen if we stopped using radar and lowered the speed limit when
L
the City went to Court with the citations.
Chief Funston indicated the Council could make it whatever speed
they want so long as they meet certain State mandates (certain
speeds in certain zones), but if the speed limit were lowered, we
probably wouldn't be able to use the radar at all. He is, in
fact, waiting for a call from the new traffic referee regarding
what the referee would do with the rest of the City if the speed
limit were lowered in this area.
Mayor Partain asked for clarification regarding the existing speed
limits; if it was not true that we could not drop the speed more
than ten miles per hour from one zone to another; and
clarification of the number of accidents occurring between 11th
and 12th and at the intersection of 11th Street.
Chief Funston advised the speed limit on Beaumont Avenue, north of
14th Street, is 50 miles an hour to 14th Street, then 45 miles an
hour from 14th to 11th, and 35 miles an hour thereon. He
indicated he believed Mayor Partain was correct insofar as
dropping the speed limit no more than ten miles per hour, however,
stated he would need to research the traffic manual to be
absolutely certain. He then reviewed the accident statistics as
shown in his report.
Page 2
Beaumont City Council
July 25, 1988
Council Member Bauer stated he felt a good compromise would be to
reduce the speed 5 miles per hour through each zone.
Council Member Shaw said he would like to see the speed limit
returned to the former speed limits, which he felt were quite
adequate.
Council Member Connors' statement was lengthy, with the main
emphasis on the fact that she agreed the speed limit should be
lowered, but she is very concerned about the citations being
justified in Court, and if the speed limit is lowered the City may
have trouble in this respect.
She did want it made clear that this has been brought up twice
before since she has been on the Council, and her position has
always been that the speed is too fast on Beaumont Avenue,
however, there is nothing the City can do to lower the speed
because of the problem with the citations. She does not want to
risk that type of problem, because if people find out we cannot
justify these in Court, they will feel they have no restrictions
on them at all, and will drive however they want.
She indicated she had reviewed the verbatim transcripts of the two
previous hearings on this matter, and has been unable to find any
loophole whatsoever, and feels there is nothing more the City can
do.
Her concluding statement was that she hoped the people would take
this to the State of California, where the responsibility lies;
that the public reads the paper on this item this time and
remembers this subject has been discussed several times; and that,
in fairness, the citizens will stop blaming non -speed related
accidents on the speed limits.
Mayor Partain agreed that his understanding is - once you have an
official traffic survey in order to set the speed limit, that
whether you use radar or not, if you reduce the speed limit you
cannot make the citations hold in Court. Also, one thing that has
concerned him in the use of radar and changing the speed limits,
is in the past if you set the speed limit lower than what the
radar traffic survey was, the City had trouble with enforcement of
radar throughout the City. He would not like to see the City
unable to use radar effectively anywhere within the City, because
the City would then create a situation where you would have little
or no control over speeds, and that is a danger to the entire City
and must be considered.
Chief Funston concurred that if someone wished to challenge a
citation, citing the traffic survey, the City's position may be
indefensible in Court.
Motion by Council Member Shaw to reduce the speed on Beaumont
Avenue from 14th Street to 6th Street as presented by Mr. Berg,
DIED FOR LACK OF A SECOND.
7. Review and Discussion of Various Wording for Placing Utility Tax
Issue on November Ballot, and Selection of Final Wording.
The Council reviewed and discussed the samples of suggested
wording for placing the Utility Tax measure on the ballot in
November, with a consensus of the Council to use the following
wording:
Shall the City of Beaumont be Allowed to Continue the Utility User
Tax at the Present Rate until June 30, 1991, to provide Police,
Fire, Street Maintenance and Construction, and other Basic
Services for the City of Beaumont?
Page 3
Beaumont City Council
July 25, 1988
8. CONSENT CALENDAR:
a. Approval of Minutes of Regular Council Meeting of July 11,
1988.
b. Acceptance of Minutes of Regular Planning Commission
Meeting of June 21, 1988.
C. Approval of Warrants as Audited Per Warrant List of July
25, 1988, in the amount of $154,767.96 for Fiscal Year 87-
88 and $15,444.85 for Fiscal Year 88 -89; and Payroll of
July 7, 1988, in the amount of $46,054.85.
d. Report of Planning Commission Action at Meeting of July
19, 1988.
Motion by Council Member Shaw, second by Council Member Bauer,
to approve the Consent Calendar.
AYES: Council Member Bauer, Connors, Shaw and Mayor
Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Waller.
9. Recess to Closed Session:
a. 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 Muller vs City of Beaumont,
Case No. 179807, Riverside Superior Court.
and
b. Pursuant to Government Code Section 54957.6 Regarding
Labor Relations Matters.
The meeting was recessed to closed session at 7:30 P.M.
The meeting was reconvened to regular session at 7:42 P.M.
Let the record show direction was given to the City Attorney
regarding pending litigation, but no definitive action was taken
in closed session.
10. RESOLUTION NO. 1988 -24 - Establishing the Salary and Benefits
for the City Manager.
Motion by Council Member Shaw, second by Council Member Bauer,
to adopt Resolution No. 1988 -24.
AYES: Council Member Bauer, Connors, Shaw and Mayor
Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Waller.
Date Set for Next Regular Meeting, Monday, August 8, 1988, at
6:00 P.M., in the City Council Chambers.
On Motion by Council Member Shaw, the meeting was adjourned at
7:50 P.M.
Respectfully submitted,
City Cle
Page 4
BEAUMONT CITY COUNCIL
MINUTES OF
SPECIAL MEETING OF
AUGUST 1, 1988
The Beaumont City Council met in a Special Meeting at 6:10 P.M.
on Monday, August 1, 1988, in the City Council Chambers, with
Mayor Partain presiding.
On roll call the following Council Members were present: Bauer,
Connors, Shaw and Mayor Partain. Let the record show Council
Member Waller was excused.
1. Clerk's Affidavit of Posting.
The Clerk's affidavit of posting the agenda was read into the
record by the Deputy City Clerk.
2. Review of Proposed 1988 -89 Budget.
The City Manager presented items that he felt needed Council
action as soon as possible, as follows:
a. Senior Home Repair.
The City has been notified that the City will have to assist
in funding the Senior Home Repair service for residents of
Beaumont. The County has funded this totally in the past,
however, beginning this year it will be necessary for cities
to participate in the funding if the eligible seniors and
handicapped citizens are to receive this service. The
Housing Authority must be notified immediately if the City
agrees to participate, as a result, if the Council desires
to see this service continue, action will be necessary to
include this funding in the 1988 -89 budget.
b. Chamber of Commerce.
The Chamber has submitted a request for an amount in excess
of that which the Council has approved in the past. Since
the budget has not yet been adopted, the City Manager will
need authorization from the Council to pay a first quarter
payment to the Chamber in the amount of $2,500.00, based on
the amount paid them each quarter in last year's budget,
until such time as the Council considers the Chamber's
request and determines the amount which will be allocated in
the budget for them this year. The Chamber needs the
quarterly payment to meet operating expenses.
C. Merry- Go- Round/Jean Bailie Memorial.
The Jean C. Bailie Memorial Committee has been receiving
donations for some type of playground equipment as a memorial
to Jean Bailie. They now have approximately $500-00 in this
fund, and it has been proposed that a merry -go -round be
purchased as the memorial. The City's portion of the cost
will be $1,050.00. The committee is having a plaque prepared
for placement on the merry -go- round. Since the price on this
equipment has gone up so rapidly, ($200.00 in a two month
period), it is recommended it be ordered without further
delay before the price increases again.
d. Repair of Fire Truck.
The City's rescue truck sustained major damage as the result
of a fire. It is imperative that it be repaired as quickly
Page 1
Beaumont City Council
August 1, 1988
as possible. Bids were received, and the City Manager and
Captain Cook both recommend accepting the $8,500.00 bid (plus
tax). In order not to cut the allocation short, the City
Manager is requesting $8,850, and if it is not used it will
not be used for anything else.
Our insurance has a $5,000 deductible, and if we made a
$4,000 claim, our insurance premium would go up next year,
and it would not be worth the additional cost to us to submit
the claim.
Let the record show, due to the specialized equipment
involved, a Notice Requesting Bids is not required. The
four fire truck companies on the west coast were contacted.
Three bids were submitted as follows:
Fireban, Ontario, Ca.
Utility Equipment, Fontana Ca.
High Tech, Oakdale, Ca..
Sigma Manufacturing, Rancho
Cucamonga
No Bid submitted.
$15,411.00
$12,000.00
$ 8,500.00
There was discussion clarifying the amounts required for
Items a through d above, with a specific question from
Council Member Connors concerning the Chamber's allocation -
if we pay them $2,500 now, would this automatically lock the
Council in to a $10,000 budget allocation for the Chamber
this year. The City Manager indicated this would not be the
case, they would be authorizing only a $2,500.00 payment to
the Chamber at this time with no approval of what it will be
for the full year.
The City Manager then called attention to his memorandum
entitled Budget Adjustments, 1988 -89. This memorandum is a
matter of record in the Clerk's file. These are adjustments
which need to be made (both to revenue and expenditures) in
the preliminary budget previously submitted to the Council,
resulting from receipt of better figures, and the additions
which have just been discussed.
This memorandum was reviewed item by item by the City
Manager, answering questions from the Council as they
occurred, with these adjustments being made to their budget
document itself.
The City Council then reviewed the
department by department.
1050 - City Council - No Changes.
1100 - City Manager - No Changes.
1150 - City Clerk = No Changes.
preliminary budget,
1200 - Administrative Services - No Changes.
1300 - City Attorney - No Changes.
1350 - Community Development - No Changes.
1450 - General Government:
Change - 4080, Insurance, corrected to reflect the
$100,000 premium rather than $145,000 originally
shown. (From City Manager Budget Adjustment memo).
Page 2
Beaumont City Council
August 1, 1988
2050 - Police Department:
Change - 4060, Contractual Services, increased to
$37,489 for contract with County of Riverside for
bail enhancement. (From City Manager Budget Adjustment
memorandum.)
Change - 6040, Equipment, increased to $14,96$ for
the correct payment on the mobile radios. (From City
Manager Budget Adjustment memorandum).
2100 - Fire Department:
Change - 4043. New Item number added to budget for
repair to fire truck damaged by fire, in amount of
$8,850.00.
The Council ended their review at this point, and will
continue the review beginning with the Building Inspection
Department, No. 2150, when the next budget review meeting
has been scheduled.
The meeting was recessed at 8:05, reconvening at 8:10 P.M.
4. Action on Budget Related Items.
Motion by Council Member Shaw, second by Council Member
Bauer, authorizing the City Manager to contract with Senior
Home Repair, in the amount of $6,392.00, for Fiscal Year
1988 -89; authorizing repair of the fire truck that was
burned, in the amount of $8,850.00; authorizing the purchase
of a merry -go -round for the park, in conjunction with a
citizen's group as a memorial for Jean Bailie, with the
City's share not to exceed $1,050; and authorizing the City
Manager to pay one quarter to the Chamber of Commerce, in the
amount of $2,$00.00.
AYES: Council Member Bauer, Connors, Shaw and Mayor
Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Waller.
There being no further business to come before the Council,
the meeting was adjourned to Monday, August 6, 1988, at 9:00
A.M., in the City Council Chambers.
Respectfully submitted,
City Clerk
P .^ rr o
BEAUMONT CITY COUNCIL
MINUTES OF
SPECIAL MEETING OF
AUGUST 6, 1988
(as corrected)
The Beaumont City Council met in a Special Meeting at 9:00 a.m.,
on Saturday, August 6, 1988, in the City Council Chambers, with
Mayor Partain presiding.
On roll call the following Council Members were present: Bauer,
Connors and Mayor Partain. Let the record show Council Member
Shaw and Council Member Waller were excused.
1. Clerk's Affidavit of Posting.
The Clerk's affidavit of posting the agenda was read into the
record by the Deputy City Clerk.
2. The meeting was recessed to closed session at 9:02 a.m., to
meet with its designated representative regarding labor
relations matters, pursuant to Government Code Section 54957•
6.
The meeting was reconvened to regular session at 10:07 a.m.
Let the record show that the Council met with its designated
representative regarding labor relations matters, a report
was received, and direction was given to the representative.
No definitive action was taken.
3• Continued Review of Proposed 1988 -89 Budget.
The Council continued their review of the proposed 1988 -89
budget, beginning with Account 2150, Building Inspection.
The City Manager presented reports and recommendations, and
answered questions from the Council, as each department was
reviewed. There was discussion concerning signalization at
14th and Beaumont, Pennsylvania and 6th and Beaumont and 6th,
with the City Manager directed to bring a report to the
Council at a later date.
2150 - Building Inspection - No Changes.
3100 - Public Works:
Change - 4089, Weed Abatement, increased to $3,000.
3250 - Street Maintenance - No Changes.
3350 - Street Lighting - No Changes.
4050 - Sewer Service - No Changes.
4500 - Sanitation - No Changes.
5050 - Vehicle Maintenance - No Changes.
6050 - Parks:
Change - 6040, equipment, increased to $1,750 as
per discussion on August 1 regarding merry -go-
round, with revenue increased $500.00 to include
donation by Jean Bailie Memorial Committee.
6100 - Senior Center:
Change - 4060, contractual services, add $6,392
for Senior Home Repair, as discussed on August 1,
1988.
Beaumont City Council
August 6, 1988
6150 - Pool - No Changes.
7000 - Transit - No Changes.
9030 - Gas Tax /Street Construction - No Changes.
4. Action on Budget Related Items.
There was no action on budget related items at this time.
It was the consensus of the Council that the City Manager include
the 1988 -89 budget on the August 22 agenda.
There being no further business to come before the Council, the
meeting was adjourned at 11:41 A.M.
Respectfully submitted,
City Cle
Page 2
BEAUMONT CITY COUNCIL
MINUTES OF
August 8, 1988
The Beaumont City Council met in a regular meeting at 6:00 P.M., on
Monday, August 8, 1988, in the City Council Chambers, with Mayor
Partain presiding.
On roll call the following Council Members were present: Bauer,
Connors, Waller and Mayor Partain. Let the record show Council
Member Shaw was excused.
The Invocation was given by Mayor Partain.
The Pledge of Allegiance to the Flag was led by Council Member Waller.
1. Clerk's Affidavit of Posting.
The Clerk's affidavit of posting the agenda was read into the
record by the Deputy City Clerk.
2. Adjustments to the Agenda.
There were no adjustments to the agenda.
3• ORAL COMMUNICATION:
There was no one requesting to address the Council under oral
communication.
PUBLIC HEARINGS - 6:00 P.M.
4. NEGATIVE DECLARATION 88 -ND -6. Applicant: Don Williams
Deliverance Ministeries. Location: Corner of 6th and Edgar
Sts. Public Use Permit 88- PUP -1, for proposed church in existing
structure, with variance for reduction in number of required
parking spaces.
The Public Hearing was opened at 6:04 P.M.
There was no one requesting to speak in support of or opposition
to the negative declaration.
The Public Hearing was closed at 6:05 P.M.
A staff report recommending adoption of Negative Declaration 88-
ND-6 was received from Stephen Koules, Community Development
Director.
Consideration of Adoption of Negative Declaration 88 -ND -6.
Motion by Council,Member Connors, second by Council Member Bauer,
to adopt Negative Declaration 88 -ND -6, based upon the findings.
AYES: Council Member Bauer, Connors, Waller and Mayor
Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw.
5• Report and Account of Cost for Weed Abatement, and Hearing of
Objections or Protests.
A staff report was received from the City Manager concerning the
weed abatement program initiated by the fire department.
Page 1
Beaumont City Council
August 8, 1988
The Public Hearing was opened at 6:10 P.M.
M /Sgt Dale Craig, 1137 Michigan: On the weed abatement, when we
got the notification, we cleaned our strip of land, we cleaned it
two weeks later, and then we planted some groundcover, and am
trying to set up a sprinkler system to water it and keep it
green, because I have an above ground swimming pool in the
backyard and we did not want bare dirt on the foot or so between
the fence and the alley.
The next thing we know, we got the bill in the mail. We went out
and we cleaned it the first time. We had some trash and we
picked that up the next day after we got the first letter. Then
a couple of days later, on a weekend, we went out and raked it
well, cut it close, and then we did it again two weeks later -
and then as I say, we ordered some groundcover to plant and
spread across it. Everything was cleaned out, including the
groundcover that we planted. Then I wrote a letter to you. I
don't know whether you got it or not concerning this.
Mayor Partain: Do you have that on file, Mr. Bounds.
City Manager: Yes. And I have pictures of his property. Would
you like for him to look at them.
Mayor Partain: Yes.
City Manager: These pictures were taken June 7. This is the
before picture, and this is after it was completed on the 7th.
M /Sgt Craig: We had groundcover planted back across in here and
on this side. The pool doesn't show.
City Manager: Here is the pool here. (Speaking away from the
mike and unable to transcribe.)
There is continued discussion between M /Sgt Craig and the City
Manager, all of which is away from the mike.
M /Sgt Craig: The stuff hadn't grown yet. It had only been in
about a week.
City Manager: That looks like weeds. This is in June. The
notice was April 16.
M /Sgt Craig: We cleaned it twice before you came in there.
Mayor Partain: Anything else, Mr. Craig.
M /Sgt Craig: No sir.
Mayor Partain: Any questions of Mr. Craig. Mr. Waller.
Council Member Waller: No.
Mayor Partain: Mr. King.
Terry King, 647 Garfield Way, Redlands: Regarding weed abatement
on my rental property at 10$0 Elm. I received the first notice.
I can't remember when - June, I believe. At the time I had
tenants in there who were not keeping up the backyard, and grass
and stuff was about 6 or 8 inches high, and I assumed that was
what it was all about. So I got on them and they cleaned up,
mowed it, and all that. Since then, I just kind of forgot about
it, because I figured that was it. Then I got this other notice
with the bill. I couldn't really see anything that was done
there. If there are pictures I would like to see them. Anyway,
the property has since been sold, but . . .
Mayor Partain: Do you have the before and after on that Mr.
Bounds.
Beaumont City Council
August 8, 1988
City Manager: Yes I do. The first notice was mailed on May 20.
The post office didn't indicate the day that you picked it up
when they sent the return receipt. They did not order the work
done until June 21.
Mr. King: This is as I expected. This isn't my property. It is
the one next to it. Because I am down where the oleanders are in
this picture. Here is the beginning and the end of my property.
This is the parcel right next to me. Which I think Coffer owns
that. Mr. Coffer. Although the parcel number is correct on the
bill, this is not my property.
City Manager: If it is not his property, it is not his property.
Mayor Partain: Anything else. Any questions. Thank you Mr.
King. Anybody else wishing to speak. Come right forward. Mr.
Baker.
William Baker, 1275 Michigan Street: I got a bill for $133.00
for removing whatever they removed. I don't know aside from some
green ivy, in the alley. I didn't know I owned the alley.
Mayor Partain: Do we have the before and after on this.
Mr. Baker: I can't see any difference in it. This is all
outside of my fence.
City Manager: The fence is not your property line.
Mr. Baker: Well where is my property line.
City Manager: The center of the alley.
Mr. Baker: Well, I didn't know that. I know I can't do anything
with it besides look at it. This is green ivy. There are a few
dead weeds growed up through it I guess.
City Manager: There is some height to it here and obviously will
burn.
Mr. Baker: Well, yes, but it couldn't burn very much, that green
ivy. . .
City Manager: One of the things we try to do is help you protect
fences. When fences burn because of grass. . .
Mr. Baker: That fence won't burn.
City Manager: I am sorry sir, it will sure take the coating off.
Mr. Baker: That's all right with me, because I'll probably have
to take it down anyhow. It's all iron posts, iron fence. It is
all outside my fence.
City Manager: But sir, it is not the city's fence. We certainly
didn't put it up..
Mayor Partain: Do you have anything else Mr. Baker. Any
questions of Mr. Baker.
Council Member Waller: Yes. You were not aware, then, of the
fact that the property to the middle of 'the alley was yours.
Mr. Baker: No. It is beyond my fence. I thought my fence was
on the property line. I never use the alley.
Council Member Waller: I need to ask Mr. Bounds a question. Is
$135.00 like a set price, or, it looks as though all that was
cleaned was this area on the other side of the fence.
Mayor Partain: $35.00 for the cleaning, and $100.00 for the
administrative fee, which we put into effect.
Page 3
Beaumont City Council
August 8, 1988
City Manager: By Resolution.
Mayor Partain: By Resolution.
City Manager: $35.00 is the charge of the contractor.
Council Member Waller: Well, I am, you know, I am sure that Mr.
Baker agrees too, ignorance is no excuse, but I am just wondering
how many people know that their property goes to the alley. I
don't have an alley, so I know mine.
Mayor Partain: You received a letter Mr. Baker, did you not.
Mr. Baker: Yes.
Council Member Waller: And it said to the end of your property
line, but you did not know that that meant into the alley.
Mr. Baker: They didn't say where. It just said to remove green
and dead grass, I believe, and it didn't say where. It just said
on the property. Well, I had taken care of the property. Inside
of the fence. It didn't say out in the alley.
Council Member Waller: Is there anyway that we can . . . I was
thinking that we should reconsider this case because of the . . .
I don't know how many other cases, I mean, with the fact that
there was only the area of about four feet by twenty - no by
fifty - three by fifty - if there is anyway that we could
reconsider this or, for that matter, use this as a precedent in
our decisions and make sure that people understand that this
means all the way out to their alley - to the middle of the
alley.
Mr. Baker: If they had said in the alley, I would have taken it
out . . . if I remember correctly it said green and dead . . .
City Manager: Weeds and debris.
Mr. Baker: I thought it said dead and green - that is what I
saw. But I guess I am wrong, I am usually wrong.
Mayor Partain: Did anyone else have any questions of Mr. Baker.
Go ahead.
Council Member Connors: What was your reaction when you got this
notice. The inside of the fence looks the same. The yard inside
the fence looks the same in both pictures. Did you do something
thinking that that was what we meant. What did you do.
Mr. Baker: I took it away. I don't know how they got that last
picture there that shows as much inside as it does out. Because
I mowed it, and cleaned it at least three times before they come
around. You can see where they cut the green vines there and, I
guess, took them away. I don't know. They aren't there.
Council Member Connors: You don't feel like you ignored the
notice. You felt you had corrected it.
Mr. Baker: No, that was not my intention at all. I'm not trying
to ruin the town.
Mayor Partain: Mr. Bauer, any questions. Okay, back to Mr.
Waller, I think he had another comment.
Council Member Waller: If somebody had property inside of a
fence that needed to be abated, would we go in and abate it.
City Manager: After proper notice, yes.
Page 4
Beaumont City Council
August 8, 1988
Council Member Waller: If proper notice was done, and a picture
was taken, and, as Council Member Connors has mentioned, there
doesn't appear to be any change, why didn't they jump over and .
City Manager: I have no idea.
Mr. Baker: I water on it. They say to save water. I don't know
what to do. I just put enough on it to try to keep it a little
green.
Council Member Waller: It seems to be a little inconsistent
after they made this - you know, this notice, and then they go in
and all they do is clean the back alley. And, as I look at the
picture, there isn't any change in that portion from the . . .
City Manager: The alley is much higher than the backyard.
Council Member Waller: Oh, yeah, sure, but there wasn't anything
done between that picture and this picture.
City Manager: It is the same day. He does it before he starts
working, and then after he gets through. They don't leave the
property until they take a second picture.
Council Member Waller: Well, why didn't they do something with
this area over here.
City Manager: I don't think it is high enough. If it is not six
inches, they can't do anything with it.
Council Member Connors: That might have been because he went out
and did it once between times.
City Manager: I am sure he did.
Council Member Connors: How long did - have you lived at this
residence. How long have you lived at this place.
Mr. Baker: Thirty some years.
Council Member Connors: Have you ever taken care of the alley
before.
Mr. Baker: No.
Council Member Connors: Have you ever had a weed abatement
notice on it before.
Mayor Partain: Anything else. Thank you Mr. Baker. Okay,
anyone else wishing to speak. How many have we got that want to
speak. Three. Okay. All right. Fine. State your name and
address.
Juanita Flores and Lynn Woodward, rental at 867 Wellwood:
Lynn Woodward: She notified us that she had gotten a letter that
we were to clean up the back of the yard. And, in - okay, this
doesn't show everything here. It doesn't show - but the back of
our yard is divided like, there is a fence, a backyard, then a
fence, and a backyard - and then the fence, and then the alley on
there. She said that everything had to be cleaned up by the
first of June. By the first of June, so we didn't have the
equipment to go out and do it, so my husband went out and he
bought a good weedeater, and he went out and he cleaned on there
and everything three days before June 1. Now I don't know when
these pictures were taken on here. I don't know anything about
them.
Mayor Partain: When is the date on there.
Page 5
Beaumont City Council
August 8, 1988
City Manager: May lst. This is the alley.
Juanita Flores: That is the only thing they cleaned, was the
alley.
Lynn Woodward: I don't know anything about these pictures. My
husband isn't here, he has been gone for about a week, and he
came in three days before the first, and he told me he had
cleaned everything that he had been asked to clean.
Mayor Partain: Including the alley?
Lynn Woodward: His statement was, I have cleaned everything that
is required to be cleaned, so I would assume that he cleaned
everything that he was told to be cleaned. I am handicapped
because he is not here. I have no way of getting in touch with
him right now.
Mayor Partain: These photographs are of the property though, are
they not.
Lynn Woodward: They are of the back. I am not at home during
the day very much, and I don't go out in the back, so I can't
even say that I looked out and I saw that from the back fence to
the other fence, what was visible from where I was standing was
totally cleaned of all weeds and everything - and I did not take
the time - I mean, why should I - my husband is 70 - in his 70s,
and if he told me he cleaned everything he was supposed to clean,
I believe him. I didn't go out and doublecheck. I cannot say I
visually saw what he did. I did not visually see him do it. All
I know is he came in - we had purchased a weedeater to do it, he
came in, and he says I have cleaned everything that we have been
asked to clean.
Mayor Partain: Okay. Any questions. Mr. Bauer, we will start
at your end. Mrs. Connors.
Council Member Connors: When she said, everything they had been
asked to clean, is it on her notice exactly what he was supposed
to clean.
Lynn Woodward: We didn't get the notice. The notice went to the
landowner, and they asked us to clean the back.
Juanita Flores: It said the backyard. It didn't say anything
about the alley.
City Manager: It says backyard.
Council Member Connors: It says backyard.
Juanita Flores: That is what I thought it said.
Council Member Connors: And to the City, backyard included
alley, but to the, person living there, a backyard is a backyard.
Mayor Partain: Mrs. Connors, did you have, any other questions.
Mr. Waller, do you have anything.
Council Member Waller: Well, Mrs. White was mentioning, at one
point in time, did we not . . .
Mayor Partain: Do you have questions of them.
Council Member Waller: No.
City Manager: I think what Mrs. White is saying - right here at
the top it says notice to clean premises, in larger letters it
does say alleys and backyards.
Page 6
Beaumont City Council
August 8, 1988
(There was discussion at this point regarding whether or not the
notice form refers to alleys in any way).
Council Member Waller: I think that we should review our policy
and try to get a little more informative. If I were to receive
one of those, and when it said lot description, and it said
backyard and alley, I know I would get out there and I would
clean the alley. Whereas - I don't know, if we are going to be
the City with a Heart, it seems like in some of these instances,
I don't know if we really need the money that much. It seems
like the people who came forward, we should reconsider. That is
my feeling.
Mayor Partain: Okay, why don't we get into that after we close
the public hearing. Is there anyone else wishing to speak.
Rick Pasquerella, son of Joseph Pasquerella, owning property at
614 Wellwood, which has no buildings on it now, but at one time
did have three buildings on it. What I would like to bring up to
the board this evening, is that we also had been summons for a
weed problem. This was last year, between June and July of last
year, and I came out personally and tilled the soiled, and had
everything taken care of properly, and I had the acting fire -
I don't know if he was the fire marshal, or the acting fire
chief, at the time that I came out, and his name was Al Pierce,
which he told me at that time that he was going to retire in six
months, so I don't know if he is even with the fire department
now anymore. But I got him to approve the - sign off that I did
take care of the weed abatement, and I have got a picture of
that, and just Friday we received in the mail that the City was
going to put a lien against the property for $130.00 because we
didn't take care of the problem in 1987, which I have the
paperwork and proof for.
Mary Lou Pasquerella: My husband called this morning and spoke
with someone, and he said that it was the wrong - he went over -
he made two telephone calls, and then he had the man call him
back, and he wasn't home at the time I left, so I couldn't -
I also spoke to the man, and he said that it was all taken care
of. He went over there and looked and evidently it is the
property between our property, which is 614 Wellwood, and 632, it
says on the thing, south of 632 Wellwood. We are south of 632
Wellwood, but there is another property in between .
Mayor Partain: You are two lots south, rather than the one right
next to 632 is what you are saying.
Mrs. Pasquerella: I think that would be 620, because I used to
be 614, 616 and 618, when the buildings were on it. And every
year it seems that I get a notice that it has to be fixed after
my son does it. We used to have someone else take care of it,
and every year we would get a notice that it has to be fixed, and
come to find out it is the other property. So the man on the
phone this morning said it was taken care of, but my son had to
come out this way anyway, so I came with him, and wanted to make
sure that the lien doesn't go against the property.
Mayor Partain: You don't -know who you spoke to do you.
City Manager: I talked to this lady, and I talked to her
husband, and I told her it is not a lien on the property, that I
had taken it off.
Mayor Partain: Oh, okay. You talked to the right man. Okay.
So that is fine. This man took care of you.
Mrs. Pasquerella: Thank you.
Mayor Partain: Okay. Do we have anybody else wishing to speak.
No one else. That is it. Okay let's close the public hearing.
The Public Hearing was closed at 6:36 P.M.
Page 7
Beaumont City Council
August 8, 1988
The City Manager indicated that a change has been made on the
summary submitted to the Council in that Joseph Pasquerella
should be replaced with the name Pete Zervas, Parcel No. 417-
055- 010 -5.
Council Member Waller asked if Terry L. and Gayla King is not
also in the category of being a wrong parcel and removed from the
list, with the City Manager responding he presumed this is the
case. It could not be checked tonight, however, if the Council
felt that Mr. King had represented himself properly then they
should modify the list by removing that property. He also
pointed out the decision must be made tonight because the list
has to go to the County tomorrow morning. If it is found that it
is his property, then it would be placed on the list next year,
and if it is not, then it would be placed on the proper property
owner next year.
Council Member Waller felt that if the alley is not explicitly
mentioned, those parcels should also be taken off.
Council Member Connors asked if one is taken off, and it turns
out to be their property and it goes on next year, is something
done now to verify whether the statement that it is not their
property is truthful or not.
The City Manager indicated all complaints are checked out
immediately.
Council Member Connors stated that, in that case, no one should
be on the list until this has been verified. So far as Mr. Baker
is concerned, she felt that Mr. Baker's notice did not state
anything about the alley, and she has a problem with that because
other notices do say backyard and alley, and if she received a
notice that said premises she would not know it included the
alley.
Mayor Partain asked if we pulled Mr. Baker, and any others that
did not say alley, who would pay for the cost. He did not feel
it was fair to ask other citizens to pay for someone else's
property to be cleaned.
Council Member Connors agreed, but felt it was confusing to send
out notices worded two different ways.
Mayor Partain said he had difficulty with the fact that if the
weeds were cleaned from the property, it should be the
responsibility of the property owner not the rest of the
citizens.
There was continued discussion regarding the notice procedure,
wording of the notice, what type of care is taken in determining
that the right property owner is being billed, whether
investigation is made if it appears the owner has made some
attempt at cleaning, such as cleaned their backyard, but not the
alley, to make sure they understood the notice, and other
procedural options available.
The City Manager pointed out that if we hired someone to do
nothing but weed abatement, the cost would be much higher to the
property owner.
a. Consideration of Approval of the Report and Account of Weed
Abatement as Presented, Modified or Corrected.
Motion by Council Member Waller to adopt the report and account
of weed abatement, with the following deletions: Terry L. and
Gayla King, and that any other parcels that were sent out notices
that did not specifically state that the weed abatement area was
to include the alleyway, be also excluded.
Motion died for lack of a second.
Beaumont City Council
August 8, 1988
Motion by Mayor Partain, second by Council Member Bauer, to
approve the report and account of weed abatement as modified, by
the deletion of Terry L. and Gayla King, and the changing of the
624 Wellwood to Pete Zervas, Parcel No. 417 -055- 010 -5, and that
all else stand as indicated.
AYES: Council Member Bauer, Connors, and Mayor Partain.
NOES: Council Member Waller
ABSTAIN: None.
ABSENT: Council Member Shaw.
b. RESOLUTION NO. 1988 -26 - Assessing the Amounts Shown on the
Report and Account of Cost of Weed Abatement as Liens upon
the Respective Parcels of Land as they are Shown Upon the
Last Available Assessment Roll.
Motion by Council Member Connors, second by Council Member Bauer,
to adopt Resolution No. 1988 -26.
AYES: Council Member Bauer, Connors, and Mayor Partain.
NOES: Council Member Waller
ABSTAIN: None.
ABSENT: Council Member Shaw.
End Public Hearings
6. ORDINANCE NO. 662 - SECOND READING - Repealing Chapter 17.14 of
the Beaumont Municipal Code and Adding Chapter 17.14, Dealing
with General and Specific Plans.
Motion to Read Ordinance No. 662 by title only.
Motion by Council Member Waller, second by Council Member
Connors, to read Ordinance No. 662 by title only.
AYES: Council Member Bauer, Connors, Waller and Mayor
Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw.
The Ordinance was read by title only by the Deputy City Clerk.
Motion to Adopt Ordinance No. 662 at its second reading.
Motion by Council Member Waller, second by Council Member Bauer,
to adopt Ordinance No. 662 at its second reading.
AYES: Council Member Bauer, Connors, Waller and Mayor
Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw.
7. ORDINANCE NO. 666 - FIRST READING - Adding Chapter 17.36 to the
Beaumont Municipal Code Entitled "Specific Planning Area Zone".
A report was received from the City Attorney, as well as the
Community Development Director, regarding this proposed
ordinance.
Motion to read Ordinance No. 666 by title only.
Motion by Council Member Waller, second by Council Member Bauer,
to read Ordinance No. 666 by title only.
AYES: Council Member Bauer, Connors, Waller and Mayor
Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw.
Page 9
Beaumont City Council
August 8, 1988
The Ordinance was read by title only by the Deputy City Clerk.
Motion to Approve Ordinance No. 666 at its First Reading.
Motion by Council Member Bauer, second by Council Member Connors,
to approve Ordinance No. 666 at its first reading.
AYES: Council Member Bauer, Connors, Waller and Mayor
Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw.
8. RESOLUTION NO. 1988 -28 - Calling and Giving Notice of the
Holding of a Special Municipal Election to be Held in Said City
on Tuesday, November 8, 1988, for the Submission to the Qualified
Electors of said City a Measure Relating to the Continuance of an
Ordinance which Imposed a Utility Users Tax; Requesting
Consolidation of said Election with the Statewide Election to be
Held on November 8, 1988; and Requesting the Registrar of Voters
to Provide Certain Services; as Required by the Provision of the
Laws of the State of California Relating to General Law Cities.
Motion by Council Member Connors, second by Council Member Bauer,
to adopt Resolution No. 1988 -28.
AYES: Council Member Bauer, Connors, Waller and Mayor
Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw.
9. Request from San Gorgonio Pass Hospital Foundation for Permit to
Use City Streets and Pavilion for Second Annual Grayback
Challenge Bicycle Ride.
Lora Lee Barrett, representing the San Gorgonio Pass Hospital
Foundation, addressed the Council in support of their request.
Motion by Council Member Connors, second by Council Member Bauer,
to grant the San Gorgonio Pass Hospital Foundation permission to
conduct the Grayback Challenge Bicycle Ride in Beaumont and use
the Stewart Park Pavilion on October 23, 1988.
AYES: Council Member Bauer, Connors, Waller and Mayor
Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw.
10. Designation of Voting Delegate for League of California Cities
Annual Conference.
Motion by Council Member Waller, second by Mayor Partain, to name
Mayor Pro Tem Connors as the voting delegate for the League of
California Cities annual conference, and Council Member Bauer to
serve as alternate.
There being no opposition, the motion carried with four ayes,
one absent.
11. CONSENT CALENDAR - All items listed under the Consent Calendar
are considered to be routine by the City iCouncil and will be
approved on 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.
a. Approval of Minutes of Regular City Council Meeting of July
25, 1988.
P_
Beaumont City Council
August 8, 1988
b. Approval of Payment of Warrants as audited per Warrant List
of August 8, 1988, in the amount of $229,381.93; and Payroll
of July 21, 1988, in the amount of $48,335.22.
C. Authorization for City Manager to Execute Title III -B
Agreement with Riverside County Office on Aging for FY 1988-
89•
d. RESOLUTION NO. 1988 -25 - Determining Fees to be Charged to
Reimburse the City for the Cost of Registering Bonds and Cost
of Annual Administration.
e. RESOLUTION NO. 1988 -27 - Adopting the Sewerage and
Sanitation Fees Report and Directing that Said Report be
Certified to the County Auditor for Collection on the Tax
Rolls.
f. Authorize Transfer of Funds from the Sewer Connection Fees
to the Sewer Service Account as Reimbursement for
Engineering Costs for the Proposed Wastewater Treatment
Facility.
Motion by Council Member Connors, second by Council Member
Waller, to approve the Consent Calendar.
AYES: Council Member Bauer, Connors, Waller and Mayor
Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw.
Date Set for Next Regular Council Meeting, Monday, August 22, 1988, at
6:00 P.M., in the City Council Chambers.
There being no further business to come before the Council, on motion
by Council Member Waller, second by Council Member Bauer, the meeting
was adjourned at 7:29 P.M.
Respectfully submitted,
City Clerk
BEAUMONT CITY COUNCIL
MINUTES OF
AUGUST 222 1988
The Beaumont City Council met in a regular meeting at 6:00 P.M.,
on Monday, August 22, 1988, in the City Council Chambers, with
Mayor Partain presiding.
On roll call the following Council Members were present: Connors,
Shaw and Mayor Partain. Let the record show Council Member Waller
arrived at 6:02 P.M., and Council Member Bauer was excused.
The Invocation was given by City Manager Bounds.
The Pledge of Allegiance was led by Council Member Shaw.
1. Clerk's Affidavit of Posting.
The Clerk's affidavit of posting the agenda was read into the
record by the Deputy City Clerk.
2. Adjustments to Agenda.
There were no adjustments to the agenda.
3. ORAL COMMUNICATION:
There was no one requesting to speak during oral communication.
4. Request from Mr. Oscar Berg for Reconsideration of Reduction
of Speed Limit on Beaumont Avenue and Installation of Stop
Sign at 12th and Beaumont Avenue.
Mr. Oscar Berg, 1169 Euclid, indicated that Mr. Howard Peterson
would be speaking for him.
Mr. Howard Peterson, 1279 Beaumont Avenue, addressed the Council
asking for a reduction of the speed limit on Beaumont Avenue,
and the installation of a stop sign at 12th and Beaumont Avenue,
stating his interpretation of the speed limit in a residential
area (as established by the vehicle code) is 2$ m.p.h. Mr.
Peterson then answered questions from the Council.
Mrs. Bonnie Peterson, 1279 Beaumont Avenue, addressed the
Council, stating that she felt it was the Council's job to
contact the State legislature, not the individual citizens.
After Mayor Partain pointed out he felt that a group of
organized citizens, as registered voters, would have much more
clout with the State than the City Council, Mrs. Peterson asked
if she could count on the Council and City staff to assist her
in this respect. Mayor Partain indicated she should contact the
City Manager for any assistance she needed.
Mr. Oscar Berg stated that another gentlemen, who was to have
been present tonight, had a document that shows the speed in the
City is controlled by the City, not the State, with the City
Manager responding that the City of Beaumont has no authority to
establish speed limits other than the way it is allowed by the
California Vehicle Code, which is the State. The City must
follow the outline that is established in the Vehicle Code, or
we cannot write a citation.
Page 1
Beaumont City Council
August 22, 1988
Motion by Council Member Shaw to grant the request of Mr. Berg
died for lack of a second.
5. Consideration of Claim Filed by Lonney J. Goman.
A report was received from the City Attorney containing his
recommendation for rejection of the claim based on the
findings.
Motion by Council Member Connors, second by Mayor Partain, to
reject the claim based on the findings that the arrest was
proper, and that pursuant to Penal Code Sections 834, 834A,
835 and 835A, that appropriate force to effect the arrest was
exercised under the circumstances.
AYES: Council Member Connors, Shaw and Mayor Partain.
NOES: Council Member Waller.
ABSTAIN: None.
ABSENT: Council Member Bauer.
6. Consideration of Claim Filed by Raymond B. Stelljes.
A report was received from the City Attorney with
recommendation for rejection of the claim based on the
findings.
Motion by Council Member Connors, second by Mayor Partain, to
reject the claim based on the findings that the arrest was
proper, and that pursuant to Penal Code Sections 834, 834A,
835 and 835A, that sufficient reasonable force may be used to
effect the arrest; and that no facts are present to indicate
a violation of law.
AYES: Council Member Connors, Shaw and Mayor Partain.
NOES: Council Member Waller.
ABSTAIN: None.
ABSENT: Council Member Bauer.
7. a. Request from Council Member Connors for Change of Starting
Time for Council Meetings from 6:00 P.M. until 7:00 P.M.
Council Member Connors explained the reason for her request
was due to a change in her schedule making it impossible for
her to get to meetings at 6:00.
Council Member Waller concurred, as it is difficult for him to
arrive at meetings by 6:00.
b. RESOLUTION NO. 1988 -29 - Fixing the Times of the Regular
Meeting of the City Council of the City of Beaumont, and
Repealing all Resolutions in Conflict Herewith.
Motion by Council Member Connors, second by Council Member
Waller, to adopt Resolution No. 1988 -29.
AYES: Council Member Connors, Shaw, Waller and Mayor
Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer.
8. ORDINANCE NO. 666 - SECOND READING - Adding Chapter 17.36 to
the Beaumont Municipal Code, Entitled Specific Planning Area
Zone.
Motion to Read Ordinance No. 666 by title only.
Motion by Council Member Waller, second by Council Member Shaw,
to read Ordinance No. 666 by title only.
Page 2
AYES: Council Member Connors,
Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer.
Beaumont City Council
August 22, 1988
Shaw, Waller and Mayor
The Ordinance was read by title only by the Deputy City Clerk.
Motion to Adopt Ordinance No. 666 at its second reading.
Motion by Council Member Shaw, second by Council Member Connors,
to adopt Ordinance No. 666 at its second reading.
AYES: Council Member Connors, Shaw, Waller and Mayor
Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer.
9. CONSENT CALENDAR - All items listed under the Consent Calendar
are considered to be routine by the City Council and will be
approved on 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.
Council Member Waller requested that Item No. "a" be removed
from the Consent Calendar and considered as a separate item.
b. Acceptance of Minutes of Regular Planning Commission
Meeting of July 19, 1988.
C. Approval of Warrants as Audited per Warrant List of August
22, 1988, in the amount of $183,765.61; and Payroll of
August 4, 1988, in the amount of $45,225.87.
d. RESOLUTION NO. 1988 -30 - Authorizing the Signing and
Execution of the Memoranda of Understanding Between the City
of Beaumont and the Beaumont Confederation of Police of the
California Organization of Police and Sheriffs; and the
Police Sergeants as Individuals.
e. Report of Planning Commission Action at Meeting of August
16, 1988.
Motion by Council Member Waller, second by Council Member Shaw,
to approve Consent Calendar Items "b" through "e".
AYES: Council Member Connors, Shaw, Waller and Mayor
Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer.
9a. Approval of Minutes of Special Council Meeting of August 1,
1988, Special Council Meeting of August 6, 1988 and Regular
Council Meeting of August 8, 1988.
Council Member Waller explained that since he was absent at the
meetings of August 1 and August 6, he did not feel he could
approve the minutes, therefore, he has asked that Item "a" be
removed from the consent calendar so that it would receive a
separate vote.
Council Member Connors requested the minutes of August 6 be
corrected to indicate the meeting was adjourned at 11:41 A.M.
rather than 11:41 P.M.
Page 3
Beaumont City Council
August 8, 1988
Motion by Council Member Connors, second by Mayor Partain, to
approve the minutes of Special Council Meeting of August 1,
1988, Special Council Meeting of August 6, 1988, as corrected,
and Regular Council Meeting of August 8, 1988.
AYES: Council Member Connors, Shaw and Mayor Partain.
NOES: None.
ABSTAIN: Council Member Waller.
ABSENT: Council Member Bauer.
Date Set for Next Regular Council Meeting, Monday, September 12,
1988, at 7:00 P.M.
There being no further business to come before the Council, on motion
by Council Member Waller, the meeting was adjourned at 6:44 P.M.
Respectfully submitted,
City Clerk
Page 4
BEAUMONT CITY COUNCIL
MINUTES OF
SEPTEMBER 122 1988
The Beaumont City Council met in a regular meeting at 6:00 P.M.,
on Monday, September 12, 1988, in the City Council Chambers, with
Mayor Partain presiding.
On roll call the following Council Members were present: Connors,
Shaw, Waller and Mayor Partain. Let the record show Council Member
Bauer was excused.
The Invocation was given by City Manager Bounds.
The Pledge of Allegiance was led by Council Member Waller.
1. Clerk's Affidavit of Posting.
The Clerk's affidavit of posting the agenda was read into the
record by the Deputy City Clerk.
2. Adjustments to Agenda.
The City Manager read a request from Susan Siegle requesting that
Agenda Item No. 8 be continued until the next Council meeting
since she and her representative were unable to attend the
meeting tonight.
The Mayor advised there had also been a letter received from
Julia White requesting the agenda item not be continued, and
discussion opened tonight.
The Mayor then asked how many in the audience were attending the
meeting in regard to Item No. 8, with a responding show of
hands. He requested discussion from the Council since it was
evident there were a number of people present regarding the issue.
Council Member Waller asked if anyone other than the Council can
request an adjustment to the agenda, with the City Manager
advising that anyone can make this request, however, once an item
has been agendized, it takes a majority vote of the Council to
remove it from the agenda.
Council Member Waller pointed out they had been informed this
would be coming to them about a month or more ago, but nothing
ever came about, and he wondered if Mrs. Siegle was informed that
it was going to be placed on this agenda.
The City Manager indicated Mrs. Siegle's request is dated
September 1, 1988, with a request that it be placed on this
agenda, and she was aware it was on this agenda, but although he
was in his office most of the day, the request for continuance
was not received until just before $:00 P.M. today.
Council Member Connors noted that everyone else who is here
tonight to speak on the issue, made arrangements to be here, so
they must have known far enough ahead, and if there are only two
people who wanted to speak on the other side, then it couldn't
have been much of a problem. If there is a problem there will
be people here to speak for that side, so she felt the discussion
should be opened.
There being no motion to remove Item No. 8 from the agenda, it
will remain on the agenda.
Page 1
Beaumont City Council
September 12, 1988
3. ORAL COMMUNICATION:
There was no one requesting to speak during oral communication.
PUBLIC HEARINGS - 7:00 P.M.
4. NEGATIVE DECLARATION 88 -ND -9 - Applicant: Jasper Stone Develop-
ment. Location: N side of 6th Street, between American and
Illinois (1350 E. 6th Street). A proposed variance to reduce
required front yard setback from 25 ft. to 15 ft. on Commercial
and Medical building, plus mini - warehouse and parking. (88 -V -1).
The public hearing was opened at 7:09 P.M.
There were no proponents or opponents requesting to speak.
The public hearing was closed at 7:10 P.M.
Steve Koules, Director of Community Development, presented his
staff report concerning this negative declaration, with
recommendation from the Planning Commission for approval.
Consideration of Adoption of Negative Declaration 88 -ND -9.
Motion by Council Member Connors, second by Council Member
Waller, to adopt Negative Declaration 88 -ND -9, based on the
findings.
AYES: Council Member Connors, Shaw, Waller and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer.
5. APPEAL of Planning Commission Denial of Conditional Use Permit
$$ -CUP -2 and Negative Declaration 88 -ND -5. Appellant: A. B.
Broyles. Location: 1085 Beaumont Avenue. A proposed three
bay automotive shop performing maintenance and light repair.
A staff report was received from Steve Koules, Director of
Community Development, giving the background on this request for
a Conditional Use Permit and subsequent denial by the Planning
Commission, with staff recommending denial of the appeal.
The public hearing was opened at 7:16 P.M.
Mr. Marshall Broyles, 1085 Beaumont Avenue, representing the
appellant, addressing the Council as a proponent of the appeal:
What I was applying to do was put up a small three bay garage,
and the reason it was denied, as I understood, that an auto shop
was not a service station, and could not be construed as a
service station, which was basically the way they got the third
vote to sway over was on that information. And if that was true,
the third lady agreed with them - which, in your Title 17 -
also - that it was not defined, that it was vague in that area.
It is defined. You have the definition of service station in
there, and it does say - or a place of doing maintenance and
service on vehicles and light trucks, and that is what I am
trying to do, and I don't think it is out of character. You have
a motor cycle shop doing parts sales and service. Across the
street I have a Circle K with gas pumps. The other proponents -
they said it would be unsightly. My house now is 24 foot tall,
my garage is 26 foot tall, and this would be facing on the side
street of 11th, which is only going to be 19 foot tall, and,
basically, the only way you can actually see it would be coming
south on Beaumont Avenue. There would be a short spot it would
be in view through the Circle K parking lot. That is about it.
I would like to have it. I don't see where a small shop would be
out of character. I was going to decorate it accordingly. I
Page 2
Beaumont City Council
September 12, 1988
I purchased the old house and planted lawns and put one fence up.
I plan on putting more fences up, which I discussed, with a
picket fence in front, and I want to paint the existing house and
garage to match the new garage in the back, and I was going to
decorate it with wagons and wagon wheels and lanterns, and that
sort of thing to keep in the - that house was built somewhere
between 18$6 and 1893, and it is in good shape - keeping in the
character of the neighborhood.
I would also like to say that there used to be a service station
at 8th and Beaumont, where that little market is now. The little
drive through. There used to be one at 12th and Beaumont, which
I believe is a real estate company now - and there was one -
I guess that is 14th and Beaumont - and 12th and Beaumont where
the Cornucopia is now, used to be a garage, I believe. I wasn't
here then, but this is what I was told.
Mayor Partain: It wasn't a garage, it was a parking structure.
Mr. Broyles: Okay, a parking structure. I was told it was a
garage and there was like five existing garages behind it, so a
mechanic shop was working out of there, or something. That is
about it.
Mayor Partain: Okay. Any questions.
Council Member Connors: Yes, Mr. Broyles. What did you mean
when you say that the alley does not exist.
Mr. Broyles: I never said that. They came up with a document
that said it reverted back to the people that donated it in 1893,
but to my consideration it is a legal alley because all the
utilities are in it, the sewer is in it, the water is in it,
people use it. People have access to the back of it. I am not
wanting access. They originally declined me because they said I
was going to use the alley as the main access, and I don't want
anything to do with the alley. I want a fence across it because
it is a dirt alley, the only reference I made to the alley is it
is supposed to be returned back to the people, and they wanted me
to pave an apron ten foot long, which would be the only pavement
on that alley as far as it existed, and I didn't see any reason
to do that. I thought it should all stay dirt or everybody
should pave the alley.
Council Member Connors: The garage is going to face 11th.
Mr. Broyles: Face 11th Street.
Council Member Connors: 11th Street is a residential street.
Mr. Broyles: Well, not in my end. I am neighborhood commercial,
or CN zone.
Council Member Connors: On 11th itself.
Mr. Broyles: It would be facing the Circle K, is where it would
be facing. The parking lot of the Circle K.
Council Member Connors: Are you aware of whether the Circle K or
the motorcycle shop are repairing vehicles.
Mr. Broyles: The motorcycle shop is most definitely repairing
vehicles. The Circle K sells gas, and it sells water and air.
Council Member Connors: But do they repair vehicles.
Mr. Broyles: They do it all the time, they are not in the
business to, but if you look at the asphalt over there, and look
Page 3
Beaumont City Council
September 12, 1988
at the oil stains, and everything, you will see that they sell
oil and parts, and people do work on it all the time.
Council Member Connors: That is very interesting. I couldn't
hear what you said about the motorcycle shop, are they repairing.
Mr. Broyles: Yes they are.
Council Member Connors: Thank you.
Mayor Partain: Any other questions. All right. Thank you Mr.
Broyles. Any other proponents. Anyone wishing to speak on
behalf of the appeal. Okay. Is there anyone here wishing to
speak against. Any opponents. Anyone wishing to speak at all on
Item No. 5. Anything further.
The public hearing was closed at 7:22 P.M.
Council Member Connors stated that Beaumont Avenue is a nice
looking thoroughfare, and 6th Street is where most of this type
of business is located. She thinks it is out of character for
Beaumont Avenue and has not heard anything in the testimony, or
read anything, about the people who live on Euclid, which is the
street behind this particular project and would have this across
the alley from their backyard. She feels this would be very
difficult for them and does not think it is a good place to have
an auto repair across the alley from your backyard because of the
noise and all the activity that will be taking place.
Council Member Waller questioned the fourth condition listed in
the City Engineer's report, which stated the principal access to
the commercial building would be from the alley, and wanted to
know if there is a lack of communication.
Steve Koules replied there was general confusion about the alley
because many alleys have physical access, yet many have been
abandoned and reverted to acreage. The assumption is, I have an
alley and I can access it. Therefore, there is some confusion in
the City Engineer's mind because he obviously says on the first
page of his letter that it has reverted to acreage, meaning that
there is no alley, and his reference to an alley not being used
as a primary access does not apply, because in this case, even if
the alley were not vacated, it would not be used for primary
access. The access is off of 11th Street.
Mr. Broyles indicated that the residents on Euclid behind the
project site had no objection to his putting a garage in, and in
fact thought it was a good idea.
Council Member Connors emphasized the neighbors may feel it is
not a bad idea now, however, she is certain they will feel much
differently once it is operation, and she knows that from
experience.
Mayor Partain asked if the alley is there or not, and was advised
by Mr. Koules that the alley is physically there, but it is not a
legal alley because the property owners own half of the alley.
Mayor Partain brought out the fact that it appeared the garage
would be placed right on the property line, and also asked what
provisions had been made for proper storage of solvents and other
materials of this nature.
Mr. Koules indicated the issue of solvents was raised in the
staff report, and some of the Commissioners felt that it was not
relevant, since there was a paint store down the street who store
solvents.
Page 4
Beaumont City Council
September 12, 1988
Mayor Partain stated he had a number of reservations, including
noise, since this is primarily in a residential area, but also
the fact the alley could be closed by the residents anytime they
wanted to, and that is the primary access by the fire department
at this time. He then summarized a number of concerns which he
felt could lead the City into a bad situation should approval be
given, including the building being shown right on the property
line.
The City Manager pointed out that you cannot put a metal building
on property line, and the reason the fire department has not
commented is because they haven't received a plan yet.
a. Consideration of Denial or Granting of Appeal.
Motion by Council Member Waller, second by Council Member
Connors, to deny the appeal.
AYES: Council Member Connors, Shaw, Waller and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer.
END PUBLIC HEARINGS.
6. Consideration of Claim Filed by Belinda Jane and James Duncan.
A report was received from the City Attorney concerning this
claim.
Motion by Council Member Connors, second by Council Member Shaw,
to deny the claim, based on the following findings of fact:
a. There is insufficient evidence to conclude that the City
was negligent in maintaining the stop sign eastbound on
10th at Orange.
b. That claimants appear to be totally at fault for the
accident of June 21, 1987.
C. That claimants admit to looking for the carnival and did
not see the stop sign.
d. That there is no basis to conclude that indemnity is
appropriate based upon the currently available facts.
7. Request from Mr. Howard D. Peterson for Installation of Stop
Signs at the Intersections of Beaumont Avenue and 11th, 12th and
13th Streets.
Mr. Howard D. Peterson, 1279 Beaumont Avenue, addressed the
Council in support of his request to install stop signs at 11th,
12th and 13th Streets. Specifically that it would slow the speed
down; allow access for people attempting to enter or cross
Beaumont Avenue; and be safer for school children walking or
riding their bicycles to school.
Mr. Roger Berg, 1164 Euclid, addressed the Council, stating that
he felt it was the duty of the Council, as an elected body, to
contact the State to get something done about changing the law
so the speed could be slowed down, or issue a resolution asking
the State or the Governor to do this. He does not feel it is the
responsibility of the voters to do this.
Mr. Berg then indicated he was in favor of installing the stop
signs as one way to slow the speed down.
Page 5
Beaumont City Council
September 12, 1988
Council Member Shaw stated he had been driving Beaumont Avenue,
and he was highly in favor of reducing the speed.
Council Member Connors said the statement that the Council did
not want to do anything about it bothered her, because she had
spent days last year trying to find a way to do something about
it, and she was positive that nothing would happen if the Council
sent a resolution to the State.
She stated further that a protest to the State, and petitions to
the State, by the voters, is something that should be tried, and
she would like to see the people do something about it because
she felt they would have more power, because this City Council is
not going to influence the State to change the speed on Beaumont
Avenue.
So far as the stop signs are concerned, she felt putting stop
signs on all the street corners is a radical solution, much like
saying let's don't have any cars go down Beaumont Avenue and we
won't have any speeding. She pointed out that no one as yet,
from the other side of the microphone, has addressed how many of
these accidents are actually speed related, except for the Police
Chief, who said not very many of them are speed related.
Mayor Partain said one of the things concerning him about stop
signs is that all you would do if you put stop signs on every
corner of Beaumont Avenue is transfer the traffic to either
Palm or Pennsylvania. You would not solve the problem, only
create problems elsewhere. This is one of his major concerns,
but he is willing to try it at 12th and Beaumont, which would
place a stop sign every two blocks between 6th and 14th.
Motion by Mayor Partain, second by Council Member Shaw, to
direct the City Manager to prepare Resolution 1988 -32 to install
a stop sign at 12th and Beaumont Avenue on a trial basis, to be
reviewed by the City Council after six months as a legal four way
stop.
AYES: Council Member Shaw and Mayor Partain.
NOES: Council Member Connors and Waller.
ABSTAIN: None.
ABSENT: Council Member Bauer.
MOTION FAILED.
Request from City Employee for No Smoking Policy on All City
Premises.
There were no proponents requesting to speak.
Martha Marcario, $28 Nina Circle, Perris, a City employee,
addressed the Council in opposition to the request for a no
smoking policy on all City premises.
George Connors, 813 Elm, Beaumont, a City employee, addressed the
Council in opposition to a no smoking policy.
There were comments from the City Manager, the City Attorney and
members of the City Council.
Direction was given to the City Manager to determine if the
survey was done on City time at City expense, who directed or
authorized that it be done, and who paid for the telephone calls.
Motion by Council Member Waller, second by Council Member Shaw,
to deny the request.
AYES: Council Member Connors, Shaw, Waller and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer.
Page 6
Beaumont City Council
September 12, 1988
9. Request from Council Member Connors for Consideration of An
Annual Costume Ball in the Fall of the Year.
Council Member Connors said she had brought this to the Council
because of the fact the costume ball held last year, in
conjunction with the 75th Anniversary, was such a success, she
felt it should be an annual event in the fall.
Council Member Waller indicated he was unable to attend the ball
last year, and wondered what was involved, who covered the
expenses, and who sponsored it.
Council Member Connors advised that tickets were sold, and she
would hope enough tickets would be sold again to cover all
expenses, and she thought it should be sponsored by the City, so
long as all expenses were covered by ticket sales.
Council Member Waller felt the Council should have more
information before a definite decision is made.
Motion by Council Member Connors, second by Mayor Partain, to
approve having a costume ball, and at the next meeting come back
with more details of how it will be carried out so far as what
the City will have there.
After continued discussion, the preceding motion by Council
Member Connors, and second by Mayor Partain, were withdrawn.
Motion by Council Member Connors, second by Council Member
Waller, to bring back to the next Council meeting the information
on the execution of last year's costume ball so that the Council
may discuss holding a costume ball this year.
There being no opposition, the motion carried with four ayes, one
absent.
10. a. Consideration of Adoption of 1988 -89 Budget.
Council Member Waller indicated that since he had been unable to
attend the budget sessions, he felt he would have to abstain in
the vote to adopt the budget.
The City Manager called attention to the fact that a final
decision had not been made regarding the allocation for the
Chamber of Commerce. It was the consensus of the Council it
would remain $10,000.00 per year as in the past.
Motion by Council Member Connors, second by Council Member Shaw,
to adopt the 1988 -89 budget.
AYES: Council Member Connors, Shaw and Mayor Partain.
NOES: None.
ABSTAIN: Council Member Waller.
ABSENT: Council Member Bauer.
b. Consideration of Adoption of Budget Addendum for Fiscal Year
1988 -89 to Become Effective if Voters Approve the Continuance
of the Utility User's Tax at the Election of November 8,
1988.
Motion by Council Member Connors, second by Council Member Shaw,
to adopt the Budget Addendum for Fiscal Year 1988 -89 to become
effective if voters approve the continuance of the Utility User's
Tax at the Election of November 8, 1988.
AYES: Council Member Connors, Shaw and Mayor Partain.
NOES: None.
ABSTAIN: Council Member Waller.
ABSENT: Council Member Bauer.
Page 7
-eaumont City Council
September 12, 1988
11. CONSENT CALENDAR - All Items Listed Under the Consent Calendar
are considered to be routine by the City Council and will be
approved on 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.
a. Approval of Minutes of Regular Council Meeting of August
22, 1988.
b. Acceptance of Minutes of Regular Planning Commission Meeting
of August 16, 1988.
C. Approval of Warrants as audited per Warrant List of
September 12, 1988, in the amount of $199,703.65; and
Payrolls of August 18, 1988 and September 1, 1988, in the
amounts of $48,976.28 and $47,512.10 respectively.
d. RESOLUTION NO. 1988 -31 - Setting Forth an Appropriations
Limit for 1988-89 Consistent with Article XIII B of the
California Constitution, and Giving Notice of Availability
of Information Supporting Said Determination.
e. Consideration of Approval of Agreement with Riverside County
Housing Authority for Senior Home Repair Service for Period
July 1, 1988 -June 30, 1989, and Authorization for City
Manager to Execute Same.
Motion by Council Member Shaw, second by Council Member Waller,
to approve the Consent Calendar.
AYES: Council Member Connors, Shaw, Waller and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer.
Date Set for Next Regular City Council Meeting, Monday, September 26,
1988, at 7:00 P.M., in the City Council Chambers.
There being no further business to come before the Council, on motion
by Council Member Waller, second by Mayor Partain, the meeting was
adjourned at 8:39 P.M.
Respectfully submitted,
City Clerk
Page 8
E
BEAUMONT CITY COUNCIL
MINUTES OF
SEPTEMBER 269 1988
The Beaumont City Council met in a regular meeting at 6:00 P.M.,
on Monday, September 26, 1988, in the City Council Chambers, with
Mayor Partain presiding.
On roll call the following Council Members were present: Bauer,
Connors, Shaw and Mayor Partain. Let the record show Council Member
Waller was excused.
The Invocation was given by Mayor Partain.
The Pledge of Allegiance was led by Council Member Bauer.
1. Clerk's Affidavit of Posting.
The Clerk's affidavit of posting the agenda was read into the
record by the Deputy City Clerk.
2. Adjustments to Agenda.
There were no adjustments to the agenda.
3• ORAL COMMUNICATION:
There was no one requesting to speak during oral communication.
4. RESOLUTION NO. 1988 -32 - Giving a Memorial Tribute to William
Eyer.
The Resolution was read in its entirety by the Deputy City Clerk.
Motion by Council Member Shaw, second by Council Member Connors,
to adopt Resolution No. 1988 -32.
AYES: Council Member Bauer, Connors, Shaw and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Waller.
5. a. Report on Financing of Design of Proposed Wastewater
Treatment Facilities.
The City Manager presented his report relative to the financing
of the design of the proposed wastewater treatment facilities.
This report is a matter of record in the Clerk's file.
b. Consider Approving Financial Arrangements for the Design
Financing.
Motion by Council Member Bauer, second by Council Member Shaw,
to authorize the advance funds for the design of the wastewater
facilities to be paid in as many as six payments, with the last
payment to be received on or before February 20, 1989; and agree
to underwrite up to $50,000.00 in City funds, if necessary, to
complete the design of the facilities.
AYES:
Council Member Bauer,
NOES:
None.
ABSTAIN:
None.
ABSENT:
Council Member Waller.
Connors, Shaw and Mayor Partain.
C. Consider Approval of Agreements with Developers or Property
Owners for said Financing.
Page 1
",Beaumont City Council
September 26, 1988
Motion by Council Member Connors, second by Council Member Bauer,
to authorize the Mayor to execute an agreement with each
depositor for the financing of the design of the proposed
wastewater facilities.
AYES: Council Member Bauer, Connors, Shaw and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Waller.
d. Consider Authorizing Execution of Contract with Almgren &
Koptionak, Inc. As Proposed by Developers /Property Owners.
Motion by Council Member Bauer, second by Council Member Shaw, to
authorize the Mayor to execute the contract with Almgren &
Koptionak, Inc., in an amount not to exceed $390,919.00, for
design of the proposed wastewater treatment plant.
AYES:
Council Member Bauer,
NOES:
None.
ABSTAIN:
None.
ABSENT:
Council Member Waller.
Connors, Shaw and Mayor Partain.
e. Consider Authorizing Execution of Contract with Madole &
Associates As Proposed by Developers /Property Owners.
Motion by Council Member Bauer, second by Council Member Connors,
to authorize the Mayor to execute the contract with Madole &
Associates, in an amount not to exceed $562,22$.00, for design of
the proposed wastewater treatment facilities.
AYES: Council Member Bauer,
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Waller.
Connors, Shaw and Mayor Partain.
6. Interpretation of Meaning of Section 15.28.090.
a. Consideration of Recommendation by Planning Commission for
Deletion or Amendment of Section 1$.28.090 of the Beaumont
Municipal Code, and Determination by Council whether or not
Items of this Type should be Brought to the Council.
Reports were received from Steve Koules, Community Development
Director, as well as the City Attorney, concerning the possible
amendment of this Code section, and answers given to a number
of questions from the Council.
The City Manager pointed out that if the Council agreed that the
moving of houses should be handled administratively, the Council
should instruct staff to prepare some language to clear this up
in the Municipal Code.
After discussion, it was the general agreement of all Council
Members that staff should review the Code for other matters of
this nature, and submit amendments to the Code in those cases as
well.
Motion by Council Member Bauer, second by Council Member Shaw, to
accept the recommendation of the Planning Commission, and amend
Section 15.28.090, that the moving in of houses will be handled
administratively like any other single family dwelling.
AYES: Council Member Bauer,
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Waller.
Connors, Shaw and Mayor Partain.
Page 2
9
Beaumont City Council
September 26, 1988
If Council interprets meaning of 1$.28.090 to be this matter
should be brought to Council, consideration will be given to the
following:
b. Approve, Modify or Reject Planning Commission Approval of
Request to Relocate Single Family Dwelling Unit to Site
Located east side of Michigan Avenue, approx. 300 feet south of
its intersection with 1st Street. Applicant: D. J. Ward.
Since the Council decision on Agenda Item 6.a was to amend Section
1$.28.090, no action was necessary on Agenda Item 6.b.
7. Consideration of Claims Filed by John J. Broderick and Elizabeth
L. Broderick.
A report was received from the City Attorney regarding these two
claims, with a recommendation for rejection of the claims.
Motion by Council Member Connors, second by Council Member Bauer,
to deny the claims, based on the following findings:
a. That there are insufficient facts alleged to establish
liability on the City.
b. That certain actions of police officers in making an
arrest are authorized by law.
AYES: Council Member Bauer, Connors, Shaw and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Waller.
8. Request from Council Member Connors for Consideration of Donation
to Pass Area Drug Abuse Council to Assist with Red Ribbon Week.
Council Member Connors presented her verbal request for
consideration of a donation to the Pass Area Drug Abuse Council to
help cover the costs of their Red Ribbon Week activities, which
will be held the last week in October. She brought out the fact
that the City of Beaumont donated $600.00 last year, while the
City of Banning donated $1,000.00. Activities will include the
distribution of pennants inscribed with "Say No To Drugs ", for
grades Kindergarten through 6th Grade, for their bedroom walls,
and a wiener roast with music and other activities, along with the
distribution of the red ribbon itself.
Motion by Council Member Bauer, second by Council Member Shaw, to
give the Pass Area Drug Abuse Council a donation of $1,000.00 to
assist with Red Ribbon Week, to be taken from General Government,
Community Promotion.
AYES: Council Member Bauer, Connors, Shaw and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Waller.
9. Report Regarding Annual Costume Ball (Council Member Connors has
Withdrawn the Request for Consideration of an Annual Costume
Ball). (Continued from September 12, 1988).
Council Member Connors indicated she had withdrawn her request for
consideration of an annual costume ball, therefore no discussion
or action was required on this agenda item.
10. Council Member Bauer will Present a Proposal for an Economic
Development Brochure.
Council Member Bauer presented his verbal request for funding for
Page 3
a proposed Economic Development Brochure
which he and a committee of Chamber
prepared. A draft copy of the proposed
the type of presentation to be used were
The estimated cost to print 2,000 of the
The goal is to have sufficient copies of
time for distribution at the EDC meeting
of Beaumont on October 13.
Beaumont City Council
September 26, 1988
for the City of Beaumont,
of Commerce members had
brochure and a sample of
submitted to the Council.
brochures was $4,594.60.
the brochure completed in
being hosted by the City
Council Member Connors questioned the permanent binding of the
brochure, rather than a loose leaf type binding which would lend
itself to updating more easily.
Council Member Connors then asked if there had been discussion of
other means of funding the brochure, such as raising the money
through donations, or the City paying half and the Chamber paying
half, and Council Member Bauer indicated the Chamber budget would
not permit this. In addition, he felt the Chamber has contributed
a great deal to the further success of the City of Beaumont by
developing this material and making it ready for printing and have
made, in that sense, a substantial contribution.
Council Member Bauer also pointed out that the use of the brochure
bringing one industry into the City would more then offset the
cost involved in printing.
Council Member Connors pointed out the City had already approved
$10,000.00 for the Chamber in the budget, and this would mean
another $4,500.00 being approved, so would result in $14,500.00
approved for the Chamber this year.
Mayor Partain indicated he had a problem authorizing money to be
spent on something he had not seen, and asked if a sample could be
made up for review prior to committing the City for the entire
2,000, or could a lesser amount be printed.
Ken Smith, of the Community Advisor, and President of the Chamber
of Commerce, advised the initial set up and the cover was the
major portion of the cost, so only about 20% would be saved by
printing a lesser quantity. And the cost of set up would be
necessary to print even one sample for review. He continued with
the information that most of their funding comes from donations by
the Chamber members, and, basically, the Chamber is doing this for
the City. The job of the Chamber is to promote the City and they
can do so much and that is as far as they can go. He felt a lot
of time and effort had been spent by the Chamber in developing
this brochure, and they would like to see this project approved.
Mr. Smith advised they had made about 50 or 60 copies of the
Beaumont Video, at the Chamber's expense, and would like to give
one of the videos along with the brochure, so the Chamber is
accomplishing other things with the funding they have available.
Mayor Partain reiterated that he is not opposed to the brochure
itself, but is opposed to funding something he can't see. What he
is being asked, personally, is to spend $5,000.00 of the City's
money for something he doesn't see, and he has difficulty with
that. He wanted to know if there was any way of getting a rough
idea of what it would look like without going to the cost of
setting up.
Mr. Smith said you
and then get a blue
be about $1,500.00.
Mayor Partain said
even if it is very
what options they m
would have to pay the cost of setting it up,
line before it is printed, and that cost would
what he would like is something in his hand,
rough, so that he would have a better idea of
ight have on the cover design, etc., before he
Page 4
Beaumont City Council
September 26, 1988
makes a decision, without the set -up cost being involved, and
wanted to know if that could be done for next meeting.
Council Member Connors stated it would also help if they received
quotations based on different quantities of brochures so they
would know how much it would be for 1,000, 4,000, etc., with Mayor
Partain adding it should include the set -up cost as well as the
printing cost for 1,000, 2,000 or more.
Council Member Bauer indicated they could try to come up with
something, however, they would not be able to make the
presentation at the meeting of October 13 as planned.
Mayor Partain asked Council Member Bauer if he would bring
something back to the next meeting with more of a breakdown,
specifically, the initial set -up cost, price per copy after that,
and a sample of the proposed cover design.
11. Request from Mayor Partain to Consider Requesting a Report from
the City Manager on Costs and Procedures for Formation of a
Redevelopment Agency and Project Area.
Mayor Partain pointed out that at this time we are the only City
in Riverside County that doesn't have a Redevelopment Agency, and
he feels it is time the Council looks at the possibility of
forming a redevelopment agency and project area. The information
they need is what it would take, the cost, and an indication of
the major changes in the redevelopment laws in the last few years.
He asked the Council to consider directing the City Manager to
prepare a report containing the above information.
Council Member Connors stated the last time the City had a
Redevelopment Agency, there was a list of concerns that the public
had with it, and wanted to know if it would be too difficult to
take that list and check to see how many have been affected by the
changes in the redevelopment law.
The City Manager indicated this would not be a problem, and Mrs.
Connors will furnish him with a copy of the list.
It was the consensus of the Council to direct the City Manager to
prepare this report for presentation to the Council at the next
Council meeting following completion of the report.
12. CONSENT CALENDAR - All Items Listed Under the Consent Calendar
are considered to be routine by the City Council and will be
approved on 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.
a. Approval of Minutes of Regular City Council Meeting of
September 12, 1988.
b. Acceptance of Minutes of Regular Planning Commission Meeting
of September 6, 1988, as Corrected.
C. Approval of Payment of Warrants as Audited per Warrant List
of September 26, 1988,in the amount of $135,368.25; and
Payroll of September 15, 1988, in the amount of $47,852.30•
d. Request from City Attorney for Authorization to Attend
League Conference.
e. Approval of Submittal of Article 8 Claim for Fiscal Year
1988/89.
f. Report of Planning Commission Action at Meeting of September
20, 1988.
Page 5
as;•
'beaumont City Council
September 26, 1988
Motion by Council Member Shaw, second by Council Member Connors,
to approve the Consent Calendar.
AYES: Council Member Bauer, Connors, Shaw and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Waller.
There being no further business to come before the Council, on
motion by Council Member Shaw, second by Mayor Partain, the
meeting was adjourned at 8:22 P.M.
Respectfully submitted,
City Clerk
Page 6
BEAUMONT CITY COUNCIL
MINUTES OF
OCTOBER 10, 1988
The Beaumont City Council met in a regular meeting at 7:02 P.M.,
on Monday, October 10, 1988, in the City Council Chambers, with
Mayor Partain presiding.
On roll call the following Council Members were present: Bauer,
Connors, Waller and Mayor Partain. Let the record show Council
Member Shaw was excused.
The Invocation was given by Mayor Pro Tem Connors.
The Pledge of Allegiance was led by City Manager Bounds.
1. Clerk's Affidavit of Posting.
The Clerk's affidavit of posting the agenda was read into the
record by the Deputy City Clerk.
2. Adjustments to Agenda.
Council Member Bauer requested that Item No. 9 be removed from
the agenda because he had been unable to obtain the facsimile
copy as requested, and he does not have the quotations that were
requested. He will bring it back to the Council when he has
this information.
Agenda Item No. 9 was deleted from the agenda by consensus of
the Council.
3. ORAL COMMUNICATION:
There was no one requesting to speak during oral communication.
4. PROCLAMATION - Proclaiming the Week of October 23 -30, 1988 as
California Red Ribbon Week.
The proclamation was read in its entirety by the Deputy City
Clerk.
PUBLIC HEARINGS - 7:00 P.M.
$. TENTATIVE PARCEL MAP 22949 (88- PM -10). Applicant: FCE
Associates. Location: Northwest corner of 14th and Beaumont
Avenue. Proposed Division of 17.71 acres into two parcels.
The public hearing was opened at 7:08 P.M.
There was no one requesting to speak in favor of or in
opposition to this tentative parcel map.
The public hearing was closed at 7:09 P.M.
A report was received from the City Manager, with a
recommendation for approval of both the negative declaration and
tentative parcel map.
There were no questions or comments from the City Council.
a. Consideration of Adoption of Negative Declaration 88 -ND-
13.
Motion by Council Member Waller, second by Council Member
Connors, to adopt Negative Declaration 88- ND -13, based on the
findings.
Page 1
Beaumont City Council
October 10, 1988
AYES: Council Member Bauer, Connors, Waller and Mayor
Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw.
b. Consideration of Approval of Tentative Parcel Map 22949•
Motion by Council Member Bauer, second by Council Member Waller,
to approve Tentative Parcel Map 22949, subject to the Conditions
of Approval.
AYES: Council Member Bauer, Connors, Waller and Mayor
Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw.
6. NEGATIVE DECLARATION 88- ND -12. Applicant: Three Coast
Carriers, Inc. Location: Between Elm and Minnesota, approx.
260' south of 4th Street. A proposed variance to allow use of
3- strand barbed wire fence on top of a 6 ft. chain link fence to
enclose a transit truck terminal. (88 -V -3).
The public hearing was opened at 7:13 P.M.
There was no one requesting to speak in favor of or in
opposition to the negative declaration.
The public hearing was closed at 7:14 P.M.
A report was received from the City Manager, with a
recommendation for approval of the negative declaration.
There were no questions or comments from the City Council.
Consideration of Adoption of Negative Declaration 88- ND -12.
Motion by Council Member Connors, second by Council Member
Bauer, to adopt Negative Declaration 88- ND -12, based on the
findings.
AYES: Council Member Bauer, Connors, Waller and Mayor
Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw.
END PUBLIC HEARINGS.
7• Consideration of Approval of Stewart Park Retention Basin
Cooperative Agreement with County of Riverside Flood Control,
and Authorization for Mayor to Execute Same.
A report was received from the City Manager concerning this
proposed cooperative agreement, and the purpose of this holding
basin, with a recommendation for approval.
There were a number of questions asked by the Council for
clarification purposes.
Motion by Council Member Waller, second by Council Member
Connors, to approve the Stewart Park retention basin cooperative
agreement, and authorize the Mayor to execute same.
AYES: Council Member Bauer, Connors, Waller and Mayor
Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw.
Page 2
Beaumont City Council
October 10, 1988
8. Consideration of Revised Conditions of Approval for Tentative
Tract Map 23161. (WDS Development, 14th at Palm, with frontage
on Cherry Avenue. 63.01 acres divided into 201 lots.)
A report was received from the City Manager, with a
recommendation for approval of this revised condition.
Motion by Council Member Bauer, second by Council Member
Waller, to approve the revised conditions of approval for
Tentative Tract Map 23161.
AYES: Council Member Bauer, Connors, Waller and Mayor
Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw.
9. Proposal from Council Member Bauer for an Economic Development
Brochure. (Continued from September 26, 1988).
This agenda item was deleted from the agenda under Agenda Item
No. 2, Adjustments to Agenda, at the request of Council Member
Bauer.
10. CONSENT CALENDAR - All Items Listed Under the Consent Calendar
are considered to be routine by the City Council and will be
approved on 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.
a. Approval of Minutes of Regular City Council Meeting of
September 26, 1988.
b. Acceptance of Minutes of Regular Planning Commission Meeting
of September 20, 1988.
C. Approval of Payment of Warrants as Audited per Warrant
List of October 10, 1988, in the amount of $43,511.39;
and Payroll of September 29, 1988, in the amount of
$48,026.28.
d. Report of Planning Commission Action at Meeting of October
4, 1988.
Motion by Council Member Connors, second by Council Member
Bauer, to approve the Consent Calendar.
AYES: Council Member Bauer, Connors, Waller and Mayor
Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw.
Date set for next Regular Council Meeting, Monday, October 24, 1988,
at 7:00 P.M., in the City Council Chambers.
There being no further business to come before the Council, on motion
by Council Member Waller, the meeting was adjourned at 7:36 P.M.
Respectfully submitted,
City Clerk
Page 3
BEAUMONT CITY COUNCIL
MINUTES OF
OCTOBER 24, 1988
The Beaumont City Council met in a regular meeting at 7:00 P.M.,
on Monday, October 24, 1988, in the City Council Chambers, with
Mayor Partain presiding.
On roll call the following Council Members were present: Connors,
Waller and Mayor Partain. Let the record show Council Members
Bauer and Shaw were excused.
The Invocation was given by Council Member Waller.
The Pledge of Allegiance was led by Council Member Connors.
1. Clerk's Affidavit of Posting.
The Clerk's affidavit of posting the agenda was read into the
record by the Deputy City Clerk.
2. Adjustments to Agenda.
There were no adjustments to the agenda.
3. ORAL COMMUNICATION:
There was no one requesting to speak during oral communication.
4. PUBLIC HEARING - 7:00 P.M. - NEGATIVE DECLARATION 88 -ND -5.
Applicant: Kingdom Hall of Jehovah Witnesses. Location:
E /Side of Pennsylvania, between 11th and 12th Streets. (1174
Pennsylvania Ave). A proposed church located on 1.52 acres.
(88- PUP -2).
The public hearing was opened at 7:04 P.M.
There were no proponents or opponents requesting to speak.
The public hearing was closed at 7:05 P.M.
A staff report was received from Community Development Director
Koules, with a recommendation from the Planning Commission for
adoption of the Negative Declaration.
Questions concerning the traffic impact on Pennsylvania Avenue,
parking and the block wall to be used were asked by Council
Member Waller and Council Member Connors.
Consideration of Adoption of Negative Declaration 88 -ND -5.
Motion by Council Member Waller, second by Council Member
Connors, to adopt Negative Declaration 88 -ND -5, based on the
findings.
AYES: Council Member Connors, Waller and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer and Shaw.
5. ORDINANCE NO. 667 - FIRST READING - Repealing Chapter 15.28 of
the Beaumont Municipal Code and Adding Chapter 15.28, Dealing
with Moving Buildings.
The City Attorney indicated a revised copy of the Ordinance had
been submitted to the Council tonight showing additions they
would like to have included in the Ordinance.
Page 1
Beaumont City Council
October 24, 1988
This addition provides for payment for the costs of inspecting
the building, both before and after the removal.
The City Manager clarified the types of costs that are involved
in inspecting a building that is to be moved - both prior to the
move and after it has been placed on the new property.
In answer to a question from Council Member Waller, the
responsibilities of the Building Inspector and of the Community
Development Director were clarified.
The City Attorney raised the question whether or not the $25.00
permit fee is sufficient to cover all time and costs involved.
There was discussion concerning this question, with the City
Manager recommending the $25.00 fee should be no less than
$200.00 to adequately cover everything.
Additional discussion followed, with a consensus of the Council
that the fee should be increased to $200.00.
The City Attorney asked that additional language be added along
with the change of fee to stipulate that any future fee changes
may be made by resolution.
The specific change to Section 15.28.020, last line, will read as
follows: . "Two Hundred Dollars ($200.00) or such greater
amount as shall hereafter be set by Resolution of the City
Council of the City of Beaumont."
Motion to Read Ordinance No. 667 by title only.
Motion by Council Member Waller, second by Council Member
Connors, to read Ordinance No. 667 by title only.
AYES: Council Member Connors, Waller and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer and Shaw.
The Ordinance was read by title only by the Deputy City Clerk.
Motion to Approve Ordinance No. 667 at its first reading.
Motion by Council Member Connors, second by Council Member
Waller, to approve Ordinance No. 667 at its first reading.
AYES: Council Member Connors, Waller and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer and Shaw.
6. Request for Authorization for Over Expenditure Not to Exceed
$1,250.00, to be Added to the Laura Stewart $10,000.00 Donation
for the Purchase of a New Police Vehicle for the Police Reserves.
A report was received from the City Manager, with a
recommendation for approval of the request.
Council Member Connors asked if the vehicle is always available
specifically to the reserves, with the City Manager responding
that it would be used by regular police if it was needed, for
instance if there was a rash of breakdowns, the regular police
would use it. As he understands it, it is almost always
available for the reserves.
She also wanted to know if it would have the same number, as she
would like to see the old number, Car S4, retained.
The City Manager indicated we are starting a new numbering
system, so at this time he does not know if it would be the same
number.
Page 2
Beaumont City Council
October 24, 1988
Motion by Council Member Connors, second by Council Member
Waller, to authorize the over expenditure of Account 2050 -6060 in
an amount not to exceed $1,250.00.
AYES: Council Member Connors, Waller and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer and Shaw.
7• Request from Mayor Partain to Consider Requesting a Member of the
Board of Directors of the Beaumont - Cherry Valley Water District
Attend the Council Meeting of November 14 to Discuss New Water
Policies, i.e., Limitation of Water Connections, Annexations to
District, Honoring "Will Serve" Letters, etc.
Mayor Partain indicated his request is exactly as shown on the
agenda.
The City Manager said he had received a telephone call from the
General Manager of the Water District after the agenda was
posted, asking if two members of the Council and two members of
the Water District Board could meet together, or possibly both
bodies meet together in a study session, rather than one member
of the Board coming to the Council meeting.
A short discussion followed, with comments by each Council
Member.
Motion by Council Member Waller, second by Council Member
Connors, to request the presence of one or more Directors from
the Beaumont - Cherry Valley Water District Board to attend the
Council meeting of November 14, 1988 to discuss new water
policies, i.e., limitation of water connections, annexations to
District, honoring "will serve" letters, etc.
There being no opposition, the motion carried with three ayes and
two absent.
8. CONSENT CALENDAR - All Items Listed Under the Consent Calendar
are considered to be routine by the City Council and will be
approved on 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.
a. Approval of Minutes of Regular City Council Meeting of
October 10, 1988.
b. Approval of Payment of Warrants as Audited per Warrant
List of October 24, 1988, in the amount of $153,014.75; and
Payroll of October 13, 1988, in the amount of $44,837.10.
C. RESOLUTION NO. 1988 -33 - Accepting Offer of Dedication for
40' -Wide Frontage Road Adjacent, Parallel and Easterly of
Beaumont Avenue, and Ordering Recordation Thereof with the
County Recorder. (American Housing).
d. RESOLUTION NO. 1988 -34 - Approving Final Parcel Map 23144 and
Authorizing Recordation of Same. (Jack Williams).
Motion by Council Member Connors, second by Council Member
Waller, to approve the Consent Calendar.
AYES: Council Member Connors, Waller and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer and Shaw.
Page 3
Beaumont City Council
October 24, 1988
Date set for next regular Council Meeting, Monday, November 14, 1988,
at 7:00 P.M., in the City Council Chambers.
There being no further business to come before the Council, on motion
by Council Member Waller, the meeting was adjourned at 7:43 P.m.
Respectfully submitted,
Page 4
BEAUMONT CITY COUNCIL
MINUTES OF
NOVEMBER 14, 1988
The Beaumont City Council met in a regular meeting at 7:00 P.M.,
on Monday, November 14, 1988, in the City Council Chambers, with
Mayor Partain presiding.
On roll call the following Council Members were present: Bauer,
Connors, Shaw and Mayor Partain. Let the record show Council Member
Waller arrived at 7:04 P.M.
The Invocation was given by Council Member Bauer.
The Pledge of Allegiance was led by Council Member Connors.
1. Clerk's Affidavit of Posting.
The Clerk's affidavit of posting the agenda was read into the
record by the Deputy City Clerk.
2. Adjustments to Agenda.
3
4•
The City Manager requested that an emergency item be added to
the agenda, which, due to the early posting of the agenda, had
not come up at the time of posting.
The agenda item is relative to damages incurred by the Soul
Winning Outreach Church resulting from a blockage in the City's
main sewer line.
Motion by Council Member Shaw, second by Council Member Connors,
to add Agenda Item No. 14 to the agenda, to be heard prior to
consideration of the Consent Calendar, for consideration of a
claim for damages resulting from a sewer blockage in the main
line.
AYES:
Council Member
Mayor Partain.
NOES:
None.
ABSTAIN:
None.
ABSENT:
None.
ORAL COMMUNICATION:
Bauer, Connors, Shaw, Waller and
There was no one requesting to speak during oral communication.
PUBLIC HEARING - 7:00 P.M. - NEGATIVE DECLARATION 88 -ND -14 -
Applicant: Daniel Tsai and Sam Lee. Location: S Side of
4th Street, approx. 300 ft east of Beaumont Avenue. A
proposed 60 unit Travelodge Motel on 1.51 ac., with a
variance to allow a 200 sq.ft. sign at a height of 55 ft.
(88 -PP -3, 88 -V -4).
The public hearing was opened at 7:05 P.M.
There were no proponents or opponents requesting to speak.
The public hearing was closed at 7:06 P.M.
Steve Koules, Community Development Director, presented a report
with a recommendation from the Planning Commission for approval
of this negative declaration.
There were no questions from the Council.
Page 1
5 -
6.
Beaumont City Council
November 14, 1988
Consideration of Adoption of Negative Declaration 88 -ND-
14 Based on the Findings.
Motion by Council Member Shaw, second by Council Member Bauer,
to adopt Negative Declaration 88- ND -14, based on the findings.
AYES:
Council Member
Mayor Partain.
NOES:
None.
ABSTAIN:
None.
ABSENT:
None.
END PUBLIC HEARINGS.
Bauer, Connors, Shaw, Waller and
Request from Mr. R. W. Agnew for Ordinance Declaring it
Unlawful to Play Football, Baseball, Tennis or Soft Ball, or to
Roller Skate, on any City street.
A report was received from Deputy City Attorney, W. 0. Robinson,
indicating that Vehicle Code Section 21950, and specifically
21956, itemizes pedestrians rights and duties, which would cover
everything contained in this request. This Vehicle Code Section
gives the City the ability to enforce if needed.
Discussion followed, with questions from, and clarification
given to, the Council.
Motion by Council Member Waller, second by Council Member
Connors, to deny the request of Mr. Agnew.
AYES:
Council Member
Mayor Partain.
NOES:
None.
ABSTAIN:
None.
ABSENT:
None.
Bauer, Connors, Shaw, Waller and
Discussion with Beaumont - Cherry Valley Water District Board
Member(s) Regarding New Water District Policies.
It was noted by Mayor Partain that according to the letter
received from the Water District Board, he assumed there are no
elected official of the Water District Board present at the
meeting.
Council Member Waller asked if the letter should be read into
the record, with the City Manager indicating that all letters
are placed as part of the record in the Clerk's file, so
technically the letter is a matter of record.
Council Member Bauer read a statement into the record. This
statement is a matter of record in the Clerk's file. At the end
of his statement, Council Member Bauer requested the Council to
consider directing the City Manager to seek the services of a
competent and suitable water attorney.
Council Member Connors called attention to the fact that at its
last meeting the.; Council decided that rather than call for the
kind of meeting the Water District has proposed, the Council
would prefer to have someone from the ;Board come to this
meeting, and since that has not occurred, she agrees with Mr.
Bauer that the Council should seek the services of a suitable
water attorney.
Council Member Shaw stated he was in accord with the suggestion.
Council Member Waller said everyone realizes there is some
shortage of water, and they, as the governing body, need to find
out where the other governing body stands, so the Council may go
from there. He further stated that, although he would not want
to be called upon to appear in front of another board to explain
the City's sewer system, he would rather Mr. Laws or Mr. Bounds
Page 2
7.
Beaumont City Council
November 14, 1988
be designated, he was also in accord with at least getting an
attorney who has knowledge of water matters, and as a result the
Council and the City would be better off. He doesn't feel the
Water Board would have any qualms about the City Council having
a water attorney, and he agrees with Mr. Bauer that the City
needs one.
Mayor Partain stated that originally, when he placed on the
agenda the idea of having the board members here, or a board
member, the Council was dealing with policy. In the everyday
workings, he agrees with Mr. Waller, that it is much better to
have staff, however, policy matters are the responsibility of
the Board or the Council, and that is what the Council is
talking about. He feels there are a lot of questions that need
to be asked for the citizens of the City of Beaumont, and he is
very concerned that we have a situation where overdraft has
existed for sixty years and nothing has been done. The Council
needs to be concerned for the City's citizens, and there are a
lot of things the Council needs to be looking at for protection
of the citizenry the Council represents. He agreed with the
comments that have been made, and based on that, felt the
Council should seek the services of a water attorney.
Motion by Council Member Bauer, second by Council Member
Connors, to direct the City Manager to seek the services of a
suitable water attorney.
AYES:
Council Member
Mayor Partain.
NOES:
None.
ABSTAIN:
None.
ABSENT:
None.
Bauer, Connors, Shaw, Waller and
After the motion, but prior to the vote, Council Member Waller
asked if Mr. Butcher would be allowed to speak, with Mayor
Partain responding that the agenda item requests a Board Member
or Member(s), and it would not meet the requirements of the
agenda item as it is established on the agenda for Mr. Butcher
to speak.
Consider Approval of Telephone System Vendor for Police
Facility.
The City Manager presented his report concerning the bids
received for the telephone system in the new police facility,
with a recommendation the bid be awarded to American
Businessphones, Inc. in the amount of $9,324.93.
Motion by Council Member Shaw, second by Council Member Bauer,
to approve American Businessphones, Inc. proposal to furnish and
install a telephone system at the police facility in the amount
of $9,324.93.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.,,
Consideration of Approval of Agreement with,County of Riverside
for Financial Support of Law Enforcement System, and
Authorization for Mayor to Execute Same.
The City Manager presented his report concerning this request,
answering questions from the Council, with a recommendation for
approval of the agreement.
Motion by Council Member Waller, second by Council Member Shaw,
to approve the Agreement for Financial Support of Law
Enforcement System, and authorize the Mayor to execute same.
Page 3
Beaumont City Council
November 14, 1988
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
9. Request for Permission to Call for Bids for Replacement of
Rotary Bearing Assembly at Wastewater Treatment Plant.
A report was received from the City Manager with a
recommendation for approval of the request. There were no
questions from the Council.
Motion by Council Member Shaw, second by Council Member Connors,
to authorize the City Manager to call for bids for replacement
of rotary bearing assembly for wastewater treatment plant.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
10. a. Accepting Money for Traffic Study from Certain Property
Owners Along Highway 60.
The City Manager presented his report, with a recommendation for
approval of Items No. 10.a and 10.b.
Motion by Council Member Shaw, second by Council Member Waller,
to accept $21,300.00 from property owners along State Route 60
for a traffic analysis for interchanges on Route 60.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
b. To Approve an Agreement with a Traffic Engineering Firm to
Accomplish Such Study.
Motion by Council Member Waller, second by Council Member Bauer,
to approve an agreement with Kunzman Associates to provide
engineering services for a traffic analysis for interchanges on
Route 60, and authorize the City Manager to execute same.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
11. Consideration of Approval of a Proposal from Madole and
Associates, Inc. for Additional Topographic Work for Design of
Wastewater Treatn�ent Facilities, in the amount of $17,500.00.
The City Manager's report was presented, with a recommendation
for approval.
Motion by Council Member Connors, second by Council Member
Bauer, to approve the proposal for additional topographic work
by Madole and Associates, Inc., in the amount of $17,500.00; to
be charged to Account No. 4250 - 4060 -5010.
AYES:
Council Member
Mayor Partain.
NOES:
None.
ABSTAIN:
None.
ABSENT:
None.
Bauer, Connors, Shaw, Waller and
Page 4
Beaumont City Council
November 14, 1988
12. ORDINANCE NO. 667 - SECOND READING - Repealing Chapter 15.28 of
The Beaumont Municipal Code, and Adding Chapter 15.28, Dealing
with Moving Buildings.
Motion to Read Ordinance No. 667 by Title Only.
Motion by Council Member Waller, second by Council Member Shaw,
to read Ordinance No. 667 by title only.
AYES:
Council Member
Mayor Partain.
NOES:
None.
ABSTAIN:
None.
ABSENT:
None.
Bauer, Connors, Shaw, Waller and
Motion to Adopt Ordinance No. 667 at its Second Reading.
Motion by Council Member Connors, second by Council Member
Waller, to adopt Ordinance No. 667 at its second reading.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
14. Request for Approval of Costs to Replace Carpet and Vinyl at
Soul Winning Outreach Church Resulting from Sewer Blockage.
By previous motion, this item was added to the agenda as an
emergency item.
The City Manager advised a sewer blockage occurred in the City's
main line on September 25, and again on October 27, resulting in
the necessity of replacing carpet and vinyl, as well as clean-
up costs, at the Soul Winning Outreach Church on 6th Street.
The total costs for both will be in excess of $8,000.00. The
church is unable to use a major portion of their building at
this time, and it is imperative the replacement work be done as
quickly as possible. A backflow device is being installed at
the site prior to the final replacement of carpet and vinyl.
Motion by Council Member Connors, second by Council Member
Bauer, to authorize the expenditure of $5,595.00 for replacement
of carpet and vinyl at Soul Winning Outreach Church.
AYES:
Council Member
Mayor Partain.
NOES:
None.
ABSTAIN:
None.
ABSENT:
None.
Bauer, Connors, Shaw, Waller and
13. CONSENT CALENDAR - All Items Listed Under the Consent Calendar
are considered to be routine by the City Council and will be
approved on 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.
a. Approval of Minutes of Regular City Council Meeting of
October 24, 1988.
b. Acceptance of Minutes of Regular Planning Commission Meeting
of October 4, 1988. '
C. Approval of Payment of Warrants and Payroll.
d. RESOLUTION NO. 1988 -35 - Approving Final Tract Map 22523 and
Authorizing Recordation of Same. Applicant: Devcorp.
e. Report of Planning Commission Action at Meeting of October
25, 1988.
Page 5
Beaumont City Council
November 14, 1988
Motion by Council Member Shaw, second by Council Member Bauer,
to approve the Consent Calendar.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Date set for next Regular Council Meeting, Monday, November 28, 1988,
at 7:00 P.M., in the City Council Chambers.
There being no further business to come before the Council, on motion
by Council Member Waller, second by Council Member Bauer, the meeting
was adjourned at 8:22 P.M.
Respectfully submitted,
i1i-
De uty City Clerk
Page 6
BEAUMONT CITY COUNCIL
MINUTES OF
NOVEMBER 28, 1988
The Beaumont City Council met in a regular meeting at 7:00 P.M.,
on Monday, November 28, 1988, in the City Council Chambers, with
Mayor Partain presiding.
On roll call the following Council Members were present: Bauer,
Connors, Shaw, Waller and Mayor Partain.
The Invocation was given by Mayor Partain.
The Pledge of Allegiance was led by Council Member Waller.
1. Clerk's Affidavit of Posting.
The Clerk's affidavit of posting the agenda was read into the
record by the Deputy City Clerk.
2. Adjustments to Agenda.
The City Manager requested that Agenda Item No. $ be continued
to December 12, 1988, due to the fact that with the holidays
slowing the mail, he had not received the information concerning
the attorneys in sufficient time for a thorough review.
Motion by Council Member Waller, second by Council Member Shaw,
to continue Agenda Item No. 5 to the regular meeting of December
12, 1988.
There being no opposition, the motion carried unanimously.
3. ORAL COMMUNICATION:
There was no one requesting to speak during oral communication.
4. a. City Manager Discussion of an Underground Utility District.
The City Manager presented background information concerning
the proposal for an underground utility district in this
area, pointing out that the money for undergrounding is set
aside by Southern California Edison due to a ruling by the
PUC. This money is built up until it reaches a point where
a reasonable project can be done. He felt that this would
make a good presentation of the area, which will be heavily
commercialized in the future, and an attractive entrance to
the City.
b. Presentation by Mr. Bob Stranger, Area Manager with
Southern California Edison.
Mr. Bob Stranger, of Southern California Edison, presented
slides showing the area of the proposed undergrounding
district, as well as referring to a large drawing of the
area, and explained the procedures to be followed in forming
the underground utility district, and what would be taking
place after the district is formed.
Council Member Connors asked what the financial impact would
be on property owners, with Mr. Stranger stating it would
range in the vicinity of $200 -$400 for each to install the
necessary panel, etc., to receive the underground service.
She then asked if there would be a City inspection fee
involved, with the City Manager advising there would be an
Page 1
5 -
IN
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Beaumont City Council
November 28, 1988
electrical permit required, which would be the City's fee,
however, if it were the desire of the Council, the fee could
be waived. Whether or not there would be a need to do this
would probably be brought out in the public hearing.
Council Member Bauer said this would be a good, forward step
toward modernization of the City and he felt the property
owners would welcome a move such as this as it would
increase the value of their property.
Mayor Partain asked what the approximate time frame would be
from the time of notification to the property owner until
the completion, when they will be required to go from the
overhead to the underground.
Mr. Stranger indicated this would be approximately one year.
Mayor Partain then asked if any property owner would be
required to upgrade to commercial, with Mr. Stranger
replying that he believed there was only one that might be
required to do so, but this would be within the $400.00
range.
Mr. Fred Capas, of General Telephone, introduced himself
stating that they would be participating in this project
also, and would appreciate receiving information as it
becomes available.
C. RESOLUTION NO. 1988 -37 - A Resolution of Intention of the
City Council of the City of Beaumont, To Form an Underground
Utility District, and Calling a Public Hearing to Determine
Whether Public Necessity, Health, Safety, or Welfare
Requires the Formation of an Underground Utility District on
6th Street between American and Allegheny.
Motion by Council Member Waller, second by Council Member
Shaw, to adopt Resolution No. 1988 -37•
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Report and Recommendation Relative to Attorneys Specializing in
Water Matters.
By previous motion, this agenda item was continued to the
regular meeting of December 12, 1988.
Four Appointments to Senior Citizen Advisory Commission for Two
Year Terms beginning January 1, 1989•
Motion by Council Member Shaw, second by Council Member Bauer,
to reappoint Grace Begley, Evelyn Fenton, Helen Manley and Lila
Reubin to new two year terms expiring December 31, 1990.
There being no opposition, the motion carried unanimously.
Ratify Emergency Approval of Carpet and Vinyl Replacement Due to
Damages from Sewer Blockage.
The City Manager presented his report concerning the necessity
for an emergency approval of carpet and vinyl replacement at
Love's Sporting Goods resulting from a sewer line blockage, and
asked the Council to ratify this emergency approval.
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Beaumont City Council
November 28, 1988
Motion by Council Member Shaw, second by Council Member Bauer,
to ratify the emergency approval of carpet and vinyl replacement
for Love's Sporting Goods, in the amount of $5,495.00, to be
charged to Account 4050 -4083, with the damaged merchandise to be
given to charity as a good will gesture.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
CONSENT CALENDAR - All Items Listed Under the Consent Calendar
are considered to be routine by the City Council and will be
approved on 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.
a. Approval of Minutes of Regular Council Meeting of November
14, 1988.
b. Acceptance of Minutes of Regular Planning Commission Meeting
of October 25, 1988.
C. Approval of Payment of Warrants as Audited Per Warrant List
of November 28, 1988) in the amount of $164,034.20; and
Payroll of November 10, 1988, in the amount of $45,606.50.
d. Submittal of Annual Financial Report for Year Ending June
30, 1988.
e. Report of Planning Commission Action at Meeting of November
15, 1988.
Motion by Council Member Connors, second by Council Member
Bauer, to approve the Consent Calendar.
AYES: Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Date Set for Next Regular Council Meeting, Monday, December 12,
1988, at 7:00 P.M., in the City Council Chambers.
There being no further business to come before the Council, on
motion by Council Member Waller the meeting was adjourned at
7:31 P.M.
Res_ectfully submitted,
. , / J.
Dep#ty City Clerk
Page 3
BEAUMONT CITY COUNCIL
MINUTES OF
DECEMBER 12, 1988
The Beaumont City Council met in a regular meeting at 7:03 P.M.,
on Monday, December 12, 1988, in the City Council Chambers, with
Mayor Pro Tem Connors presiding.
On roll call the following Council Members were present: Bauer,
Connors, and Waller. Let the record show Council Member Shaw and
Mayor Partain were excused.
The Invocation was given by City Manager Bounds.
The Pledge of Allegiance was led by Council Member Bauer.
1. Clerk's Affidavit of Posting.
The Clerk's affidavit of posting the agenda was read into the
record by the Deputy City Clerk.
2. Adjustments to Agenda.
Council Member Bauer requested that Agenda Item No. 11 be
continued to the next regular meeting. There being no
objections, by consensus, Agenda Item No. 11 was removed from the
agenda, to be continued to the next regular meeting.
3• ORAL COMMUNICATION:
There was no one requesting to speak during oral communication.
4. PUBLIC HEARING - 7:00 P.M. - PROPOSED PRE - ANNEXATION CHANGE OF
ZONE. - RZ -5). Applicant: Aware Development. Location:
West side of Sunnyslope Ave., approx. 350 feet north of its
intersection with Cougar Way. A proposed pre- annexation zone
change of 9.83 acres from Riverside County RA -1 (Residential -
Agriculture) to City RSF (Residential Single Family) . 88 -ANX-
3-41. Negative Declaration 88 -ND -16 will also be considered.
The public hearing was opened at 7:08 P.M.
Roger Wilson, representing the applicant, Aware Development, 6377
Riverside Avenue, Suite 101, Riverside, California, addressed the
Council indicating he was here in support of the application, and
was available to answer any questions anyone may have.
There were no other proponents, or opponents, wishing to speak.
The public hearing was closed at 7:09 P.M.
a. RESOLUTION NO. 1988 -38 - Consenting and Authorizing Submittal
of Annexation Application of Uninhabited Territory (Beaumont
88- ANX -3 -41.
The City Manager explained that this resolution, along with the
Negative Declaration and pre- zoning ordinance, are required by
the Local Agency Formation Commission before an application can
be filed with them.
There were no questions or comments from the Council.
Motion by Council Member Bauer, second by Council Member Waller,
to adopt Resolution No. 1988 -38.
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Beaumont City Council
December 12, 1988
AYES: Council Member Bauer, Waller and Mayor Pro Tem
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw and Mayor Partain.
b. Consideration of Adoption of Negative Declaration 88 -ND-
16.
Motion by Council Member Waller, second by Council Member Bauer,
to adopt Negative Declaration 88- ND -16, based on the findings.
AYES: Council Member Bauer, Waller and Mayor Pro Tem
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw and Mayor Partain.
C. ORDINANCE NO. 669 - FIRST READING - Prezoning 9.83 acres from
County RA -1 (Residential - Agriculture) to City RSF
(Residential Single Family). Applicant: Aware Development.
Location: West side of Sunnyslope Ave., approximately 350
feet north of its intersection with Cougar Way. (Annexation
88- ANx- 3 -41).
Motion to Read Ordinance No. 669 by Title Only.
Motion by Council Member Bauer, second by Council Member Waller,
to read Ordinance No. 669 by title only.
AYES: Council Member Bauer, Waller and Mayor Pro Tem
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw and Mayor Partain.
The Ordinance was read by title only by the Deputy City Clerk.
Motion to Approve Ordinance No. 669 at its First Reading.
Motion by Council Member Waller, second by Council Member Bauer,
to approve Ordinance No. 669 at its first reading.
AYES: Council Member Bauer, Waller and Mayor Pro Tem
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw and Mayor Partain.
5• ORDINANCE N0. 670 - FIRST READING - Accepting the Penal Code
Requirements Relating to the Selection and Training Standards of
Public Safety Dispatchers.
The City Manager presented his report concerning this ordinance,
which will enable the cost of police dispatcher training to be
reimbursed to the City by P.O.S.T.
Motion to Read Ordinance No. 670 by Title Only.
Motion by Council Member Waller, second by Council Member Bauer,
to read Ordinance No. 670 by title only.
AYES: Council Member Bauer, Waller and Mayor Pro Tem
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw and Mayor Partain.
Page 2
Beaumont City Council
December 12, 1988
The ordinance was read by title only by the Deputy City Clerk.
Motion to Approve Ordinance No. 670 at its First Reading.
Motion by Council Member Waller, second by Council Member Bauer,
to approve Ordinance No. 670 at its first reading.
AYES: Council Member Bauer, Waller and Mayor Pro Tem
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw and Mayor Partain.
6. a. RESOLUTION NO. 1988 -39 - Resolution of Intention to
Amend Contract with the Public Employees' Retirement
System (PERS) for Local Miscellaneous Members.
The City Manager advised that this resolution is the first step
required by PERS to amend the contract for local miscellaneous
members, which amendment was previously approved by the Council
as the result of negotiations with the employee groups, provided
the Utility Tax was approved by the voters. This amendment would
affect the General and Management groups, with the exception of
the Police Chief who, as a public safety employee, is covered by
a separate plan.
Motion by Council Member Waller, second by Council Member Bauer,
to adopt Resolution No. 1988 -39•
AYES: Council Member Bauer, Waller and Mayor Pro Tem
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw and Mayor Partain.
b. ORDINANCE NO. 671 - FIRST READING - Amending Contract with
the Public Employees' Retirement System (PERS) for Local
Miscellaneous Members.
Motion to Read Ordinance No. 671 by Title Only.
Motion by Council Member Bauer, second by Council Member Waller,
to read Ordinance No. 671 by title only.
AYES: Council Member Bauer, Waller and Mayor Pro Tem
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw and Mayor Partain.
The Ordinance was read by title only by the Deputy City Clerk.
Motion to Approve Ordinance No. 671 at its First Reading.
Motion by Council Member Waller, second by Council Member Bauer,
to approve Ordinance No. 671 at its first reading.
AYES: Council Member Bauer, Waller and Mayor Pro Tem
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw and Mayor Partain.
7. ORDINANCE NO. 668 - FIRST READING - Repealing Section 17.60.005
of the Beaumont Municipal Code and Adding to the Beaumont
Municipal Code Section 17.60.005, Advertising Regulations -
Intent.
A report was received from the City Manager concerning the need
for an amendment to this ordinance.
Page 3
Beaumont City Council
December 12, 1988
Answering a question from Mayor Pro Tem Connors, the City Manager
advised that this Ordinance does not have anything to do with
political signs.
Motion to Read Ordinance No. -668 by Title only.
Motion by Council Member Bauer, second by Council Member Waller,
to read Ordinance No. 668 by title only.
AYES: Council Member Bauer, Waller and Mayor Pro Tem
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw and Mayor Partain.
Motion to Approve Ordinance No. 668 at its First Reading.
Motion by Council Member Bauer, second by Council Member Waller,
to approve Ordinance No. 668 at its first reading.
AYES: Council Member Bauer, Waller and Mayor Pro Tem
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw and Mayor Partain.
8. RESOLUTION NO. 1988 -40 - Reciting the Fact of the Special
Municipal Election Held in said City on November 8, 1988, and
Declaring the Results Thereof, and Such Other Matters as are
Provided by Law.
The City Manager advised that the Registrar of Voters office has
certified the results of their canvass of the recent election,
and the adoption of this resolution is the final step by the
Council to "close the file" on this election.
Motion by Council Member Waller, second by Council Member Bauer,
to adopt Resolution No. 1988 -40.
AYES: Council Member Bauer, Waller and Mayor Pro Tem
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw and Mayor Partain.
9. RESOLUTION NO. 1988 -41 - Supporting a Veterans Home in the Pass
Area.
Mr. George Connors, 813 Elm, Beaumont, read the following
statement:
I am here this evening to ask the Council to change Item No. 9's
wording, a Resolution Supporting a Veterans Home in the Pass
Area. It seems to me that the Task Force is geared up to bring
this home to this area, and to one city in particular. And I
think we should endorse it only for our City. About two years
ago a very close and dear friend of mine worked very hard to
bring this home to the City. Larry Gordon, at his own expense,
traveled to northern california to view the home up there and
talk to the people who run it. He brought all this information
back to this area and talked about it at Chamber meetings. After
Larry died, the Chamber asked for letters of support in his name
for the home to be placed in Beaumont.
Now the Chamber is not doing this. They say the home will
benefit the Pass Area and the people in it. But I thought the
Chamber was supposed to promote this City, and not the entire
area. The home will benefit a lot of people in the area, as well
Page 4
10.
Beaumont City Council
December 12, 1988
as all the veterans here and in the surrounding area. But let's
face it, the City that gets the home will receive all the money
that will be generated, as well as all the businesses that come
to the City to support the home. If the Chamber is going to
continue to play politics with the City of Banning, then I think
the Council ought to inform the Chamber that they are supposed to
promote this City, and not the City of Banning, as Council Member
Barbara Sheldon did in the Press- Enterprise on Friday.
This is also the Council's function, and the wording should be
changed to the City of Beaumont. It is common knowledge that we
almost had the land acquired for this project, but the Cherry
Valley Water District squashed it, as well as other projects in
this City. With their attitude of saying no to everything that
has to do with the City, do you really think that the home will
be placed in Beaumont?
Council Member Bauer stated that he has been working with the
Committee, as he is a member of Committee that is studying the
situation right now, and feels that the better sites are located
in Beaumont. One that is now being investigated involves
Landmark, and the other (which has just been presented) is on the
corner of Beaumont Avenue and California. Both of the sites are
very hard to beat, and he felt the Council would not be going
amiss if the wording were changed.
Council Member Connors commented that if the Council changed the
wording to read Beaumont wherever it stated Pass Area, it would
not strike a blow against bringing it to the Pass Area, since
that is where Beaumont is, and since they represent Beaumont, not
the Pass Area, that they would not be remiss to change the
wording of the resolution before it is passed.
There was a consensus of the Council to change the wording of the
Resolution to read City of Beaumont wherever the Pass Area
appears.
The City Manager read from the Resolution indicating where all
changes would be made.
Motion by Council Member Bauer, second by Council Member Waller,
to adopt Resolution No. 1988 -41, as amended.
AYES: Council Member Bauer, Waller and Mayor Pro Tem
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw and Mayor Partain.
RESOLUTION NO. 1988 -42 - Approving Agreement Between City of
Beaumont and Inland Disposal, Inc. for Collection of Refuse.
The City Manager presented-his report, a copy of which is a
matter of record in the Clerk's file. He added that the City has
had practically no problems working with Inland Disposal and the
collection of refuse in the City of Beaumont, and he emphasized
that in stating "almost ", we do receive complaints, but most of
those have nothing to do with the manner in which Inland
Disposal is performing.
There were favorable comments regarding Inland Disposal from all
Council Members.
Motion by Council Member Bauer, second by Council Member Waller,
to adopt Resolution No. 1988 -42•
AYES: Council Member Bauer, Waller and Mayor Pro Tem
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw and Mayor Partain.
Page 5
Beaumont City Council
December 12, 1988
11. Requesting Applications for Planning Commission.
By previous action, this agenda item was continued to the next
regular meeting.
12. Request from Council Member Waller for Consideration of Directing
Staff to Review Existing Home Occuption Permit for Possible
Planning Commission Action.
Council Member Waller indicated that the Council reviewed one
particular home occupation on Palm Avenue previously, and it was
indicated at that time that they might want to review it again
later, so he thought this might be a good time for the Council to
look at it again, and perhaps have the Planning Commission look
at it again to see if we want to allow the type of advertising
that exists there, as well as other places within the City.
The City Manager clarified the matter before the Council
previously had to do with a request for a waiver of the business
license, which they denied. The home occupation permit itself
was not reviewed by the Council, and the Council can do nothing
regarding the home occupation permit unless, (if the Council
wants to look into it), it would be whether or not, in conjuction
with a home occupation permit, a business license for repairing
and sale of lawnmowers could continue in a residential area.
The City Attorney added that it would be best to pass this on to
staff to investigate at this point in time.
Mayor Pro Tem. Connors said she thought the problem was not the
home occupancy business, but the advertising of it, with Council
Member Waller stating there was possibly a noise problem.
Additional discussion by the Council followed, with a consensus
to direct staff to review the home occupation permit issued to
Shockley Lawnmower for compliance with requirements of the
permit.
13. Report and Recommendation Relative to Attorneys Specializing in
Water Matters.
The City Manager presented his report with a recommendation that
the City negotiate a contract with the Law Offices of Susan
Trager to work with Council on water matters.
Motion by Council Member Bauer, second by Council Member Waller,
to authorize the City Manager to negotiate a contract with the
Law Offices of Susan M. Trager.
AYES: Council Member Bauer, Waller and Mayor Pro Tem
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw and Mayor Partain.
14. CONSENT CALENDAR - All Items Listed Under the Consent Calendar
are considered to be routine by the City Council and will be
approved on 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.
a. Approval of Minutes of Regular Council Meeting of November
28, 1988.
b. Acceptance of Minutes of Regular Planning Commission Meeting
of November 15, 1988.
C. Approval of Payment of Warrants as Audited Per Warrant List
of December 12, 1988, in the amount of $41,925.20; Payroll of
November 24, 1988 and Special Payroll of November 24, 1988,
in the amounts of $47,761.59 and $10,851.50 respectively.
Page 6
Beaumont City Council
December 12, 1988
d. Approving Fiscal Year 1988 -89 Investment and Portfolio
Policies.
e. RESOLUTION NO. 1988 -36 Approving Final Parcel Map No. 23086
and Authorizing Recordation Thereof. Applicant: Lien.
f. Report of Planning Commission Action at Meeting of December
6, 1988.
Motion by Council Member Bauer, second by Council Member Waller,
to approve the Consent Calendar.
AYES: Council Member Bauer, Waller and Mayor Pro Tem
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw and Mayor Partain.
Date Set for Next Regular Council Meeting Monday, January 9, 1989,
at 7:00 P.M. in the City Council Chambers, since the next regular
meeting date of December 26, 1988 is a City holiday.
On Motion by Council Member Waller, second by Council Member Bauer,
the meeting was adjourned at 7:55 P.M.
Respectfully submitted,
Cx
City Clerk
Page 7