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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 Page 2 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 7 - 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. Page 2 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. Page 1 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