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Home My Public Portal About1989BEAUMONT CITY COUNCIL MINUTES OF JANUARY 9, 1989 The Beaumont City Council met in a regular meeting at 7:00 P.M., on Monday, January 9, 1989, 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 7:03 P.M. The Invocation was given by City Attorney Ryskamp. 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. Council Member Connors requested that Item No. 17 be heard before Item No. 16, with all Council Members agreeing to this adjustment. There were no other requests for adjustments to the agenda. 3. ORAL COMMUNICATION: There was no one requesting to speak during oral communication. PUBLIC HEARINGS - 7:00 P.M. 4. INTENTION TO FORM AN UNDERGROUND UTILITY DISTRICT ON 6TH STREET BETWEEN AMERICAN AND ALLEGHENY. 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. a. Report from City Manager As Required by Code Section 12.16.020(B). The City Manager presented his report, which is a matter of record in the Clerk's file. b. RESOLUTION NO. 1989 -01 - Establishing Underground Utility District No. 89 -1. Motion by Council Member Shaw, second by Council Member Connors, to adopt Resolution No. 1989 -01. AYES: Council Member Bauer, Connors, Shaw, Waller and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. Page 1 Beaumont City Council January 9, 1989 5. CONSIDERATION OF AMENDMENT OF CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) AND THE CITY COUNCIL OF THE CITY OF BEAUMONT, AND THE COST IMPLICATIONS THEREOF. a. Receive report from City Manager Regarding Cost Implications of amending contract pursuant to Government Code Section 7507. The City Manager presented his report, which is a matter of record in the Clerk's file. The public hearing was opened at 7:14 P.M. There were no proponents or opponents requesting to speak. The public hearing was closed at 7:15 P.M. b. No action by City Council required. 6. TENTATIVE TRACT MAP 24030 - Applicant: Carter Pendergrass. Location: Olive Street south of 12th Street. A proposed nine (9) lot single family subdivision. The public hearing was opened at 7:16 P.M. Mrs. John Bitzer, 347 W. 12th Street, representing she and her husband, as well as their neighbors, addressed the Council: The people who back up from Elm on the property want a six foot block wall, and so do we, on the west and the south side of our property. Some said they don't want to look at someone's backyard every time they go out in their backyard. There is a dry well on that property a schoolteacher told me. Can't a cul -de -sac be built on the property, they are pretty. Yucaipa has some, and they are really pretty. The houses on a straight street aren't as pretty as the other. I guess that is all. Council Member Waller: Basically, what you are asking for is a brick wall, six feet high. Mrs. Bitzer: What is it? Council Member Waller: Basically what you are asking for is a brick wall, six feet high, to be included . . . Mrs. Bitzer: Yes. Council Member Waller: Okay. Mrs. Bitzer: All of them wants it. All that backs up off of Elm on to that property, and on our property on West 12th. That is side and back. Council Member Waller: Thank you. There were no other questions from the Council, and no one else requesting to speak either as a proponent or as an opponent. The public hearing was closed at 7:19 P.M. Steve Koules, Director of Community Development, asked for clarification regarding exactly where Mrs. Bitzer was asking that a block wall be placed. Some time was taken reviewing the map with Mrs. Bitzer determining the location of her property, and where they wanted a block wall installed. Page 2 Beaumont City Council January 9, 1989 Mr. Koules then advised the Council there was no requirement in the conditions of approval for a block wall, however, this could be added if it was the desire of the Council. A question was asked by Council Member Connors for clarification of a map contained in the packet, and by Council Member Waller regarding the proximity of the property to Three Rings Ranch, and if requiring a block wall would set a precedent for other developments, including development of the Three Rings property, of requiring block walls. It was confirmed by the Community Development Director and the City Manager, that it would set a precedent which could affect future developments. Presently we are only requiring block walls on light manufacturing and where commercial and residential come together, as well as on development where the backyards backed up to a street. a. Consideration of Adoption of Negative Declaration 88 -ND- 18. Motion by Council Member Waller, second by Council Member Shaw, to adopt Negative Declaration 88- ND -18. AYES: Council Member Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. Bauer, Connors, Shaw, Waller and b. Consideration of Approval of Tentative Tract Map 24030. Motion by Council Member Waller, second by Council Member Bauer, to approve Tentative Tract Map 24030, including the conditions the Planning Commission has set forth. AYES: Council Member Bauer, Connors, Shaw, Waller and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. 7. TENTATIVE TRACT MAP 23491 Applicant: Ronald C. Hemsley. Location: Northeast Corner of Cougar Way and Sunnyslope Avenue. A proposed eleven (11) lot single family subdivision. The public hearing was opened at 7:35 P.M. There were no proponents.reguesting to speak... Kathy Taylor, 11463 Cherry Avenue, addressed the Council: I back on to the property and-the Planning Commission said I could have a fence, because my property touches their property. Their backyards will be in my backyard. A six foot wooden fence. And the property next door, all the way up to . . . City Manager: Parcel 2 Ms. Taylor: Parcel 3, and - City Manager: Condition No. applicant shall construct a easterly property line of the Mayor Partain: That would be Ms. Taylor: It's in there? Mayor Partain: That would be one and three. 11 of the Conditions of Approval, six foot wooden fence along the project. you you. Page 3 Beaumont City Council January 9, 1989 Ms. Taylor: A wooden fence. Now that is all the way down. It wouldn't be just my backyard. City Manager: Well, there is one problem that needs to be clarified. You can't run a wooden fence, or any other kind of fence, right up to Cougar Way. It would create a traffic hazard, so we would have to look at the length back, and on Parcel 3 it can't be six foot that far. It would have to be dropped down to . . . Ms. Taylor: A nice slope. Mayor Partain: I thought it was three foot. City Manager: Well, your three foot - three feet are getting tougher and tougher. People are putting trees above them. Council Member Waller: Is this the eastern. Mayor Partain: It is the east side of the property. City Manager: Yes. It is along the cul -de -sac and Lot 11. Council Member Waller: It wouldn't be Parcel 1, 2 and 3? City Manager: It would cover Parcel 1, 2 and 3, with the exception that we can't allow Parcel 3 - a portion of Parcel 3 - to have a six foot fence there. It has to drop down to a minimum of three feet. Council Member Waller: How many feet from Cougar Way. City Manager: I am sorry,. . . Steve Koules: There is a setback requirement. 25 feet from the property line. That might be a problem as well. City Manager: Oh, yes, 25 feet. We wouldn't have anything out there, because that is the setback anyway. Well, at the 25 foot line we might be able to go six. Twenty -five feet should provide proper sight distance since there would be no fence there at all. Ms. Taylor: That is between two properties. Was the other one with the street in- between. City Manager: Parcel 3 and the.street. Ms. Taylor: Yes. City Manager: What we are saying is it must be 25 feet back. This creates a sight distance - they call it - that is a hazard, so a fence cannot come that far out. You can't have any fence that far out. Actually, if you look at the tentative map, at the bottom of the map where we are looking at, what they call Lot A, which would be a cul -de -sac, you will see two arrows coming in. Then you will see an angled line that goes toward Cherry, and then you will see a 3 to 1 taper, and EP, existing pavement. Since Parcel 3 is not in the City, and is not being improved, we require that the developer put this taper of blacktop out in front of Parcel 3 at an angle like that for traffic safety. Mayor Partain: So the answer to your question is, yes, the fence is required, except that on Parcel 3, where the setback also is required for people, obviously, to see traffic. The difference being that this property - this gentleman is putting Page 4 Beaumont City Council January 9, 1989 a street behind the backyards, therefore - whereas, on the one we just discussed, it was backyard to backyard. Your looking at a street to a backyard that wasn't existing, if that was your question, Mr. Waller. Council Member Waller: Yes. I think we have been working together too long. You are already starting to figure out what I am going to ask. That is a scary sign. A real scary sign there. Mayor Partain: We still have the public hearing open, so let's go ahead. Is there anyone else wishing to speak. Anybody else wanting to ask questions. City Manager: We have a letter from the Superintendent of Schools. I don't know whether he wanted it in the public hearing or afterwards. Mayor Partain: Why don't we go ahead and read it into the record. City Manager: There were two earlier letters from the Superintendent of Schools, so this one is dated January 9, 1989. The letter was read in its entirety by the City Manager. This letter is a matter of record in the Clerk's file. Mayor Partain: Are there any comments or questions regarding the letter. I am sorry. Wait until we close the public hearing. I am sorry. Is there anyone else wishing to speak. All right. Let's go ahead and close the public hearing. The public hearing was closed at 7:44 P.M. Steve Koules, Community Development Director, advised the Council that Superintendent Woods' concerns were expressed at the Planning Commission public hearing, and it was felt by staff that this subdivision is an 11 lot subdivision and would create some traffic, however, the whole issue of traffic was larger than the concerns of this particular subdivision and the placement of stop signs and curb markings should be looked at in a larger review by the City Engineer. Council Member Waller asked for clarification of the above statement, with Mr. Koules indicating that although there is some traffic concern with this 11 lot subdivision, staff felt the whole issue of traffic and school impact and stop signs and the marking of curbs to possibly restrict parking should be looked at in the whole general area, not tied up to this subdivision, and if it is the concern of the Council they should direct the City Engineer and staff to look at the larger traffic circulation for that general area. Mr. Woods' concern is not being ignored. There was continued discussion concerning the traffic concerns of the school district. a. Consideration of Adoption of Negative Declaration 88- ND -17. Motion by Council Member Connors, second by Council Member Bauer, to adopt Negative Declaration 88- ND -17, based on the findings. AYES: Council Member Bauer, Connors, Shaw, Waller and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. Page 5 Beaumont City Council January 9, 1989 b. Consideration of Approval of Tentative Tract Map 23491. Motion by Council Member Bauer, second by Mayor Partain, to approve Tentative Tract Map 23491, with the conditions as set forth by the Planning Commission. AYES: Council Member Bauer, Connors, Shaw, Waller and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. In discussion after the motion, but prior to the vote, it was determined that the request from the school district relative to stop signs and other traffic concerns will not be a consideration in the approval of this tract map. Staff will review the traffic concerns for the entire area separately. 8. PROPOSED PRE - ANNEXATION CHANGE OF ZONE 88 -RZ -3, SPECIFIC PLAN 88 -1 and ENVIRONMENTAL IMPACT REPORT 88 -01. Applicant: Beaumont Land Partnership. Location: Highland Springs Avenue about one and one -half miles south of its intersection with Interstate 10. A proposed pre- annexation zone change from Riverside County W -2 (Controlled Developmental Area) to City SPA (Specific Planning Area), (88- RZ -3); the proposed adoption of a Specific Plan of 737.1 acres for a residential community of 700 dwelling units, an 8 acre equestrian center with riding and hiking trails, and 286 acres of open space (SP- 88 -01); and certification that the final Environmental Impact Report has been completed in compliance with the California Environmental Quality Act (CEQA) (EIR 88 -01). The public hearing was opened at 7:56 P.M. Motion by Council Member Connors, second by Council Member Waller, to continue this agenda item until the next Council Meeting of January 23, 1989. AYES: Council Member Bauer, Connors, Shaw, Waller and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. Mayor Partain asked if there was anyone present who wished to speak regarding this agenda item prior to continuing the public hearing, with no one responding from the audience. The public hearing was continued at 7:58 P.M., to January 23, 1989. END PUBLIC HEARINGS. 9. Consideration of Claim for Damages Filed by Larry Davis, Property Owner, and Dennis Carmichael, Tenant. The City Manager presented his report, which is a matter of record in the Clerk's file. a. Claim of Larry Davis. There was lengthy discussion, with the Council asking a number of questions of Mr. Davis regarding his claim. Page 6 Beaumont City Council January 9, 1989 Motion by Council Member Waller, second by Council Member Shaw, to award Mr. Davis the amount of $2,034.80, stipulated on the findings of staff if, in fact, the carpet is comparable carpet, to be charged to Account No. 0041 - 5400 -4080, Self Insurance Liability. AYES: Council Member Bauer, Connors, Shaw, Waller and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. b. Claim of Dennis Carmichael. The City Manager advised that after submitting the claim originally filed by Mr. Carmichael, he has negotiated a settlement with Mr. Carmichael in the amount of $2,500.00, which is his, recommendation to the City Council, with Mr. Carmichael signing a full release for this claim. Council Member Connors had a number of questions concerning Mr. Carmichael's claim, and exactly what was taken into consideration in the negotiations. She expressed her concerns regarding a number of items included in the original claim. Motion by Council Member Bauer, second by Council Member Connors, to pay the amount as negotiated by the City Manager, in the amount of $2,500.00, to Dennis Carmichael, to be taken from Account 0041 - 5400 -4080, Self Insurance Liability. AYES: Council Member Bauer, Connors, Shaw, Waller and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. 10. ORDINANCE NO. 668 - SECOND 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. Motion to read Ordinance No. 668 by title only. Motion by Council Member Shaw, second by Council Member Waller, to read Ordinance No. 668 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. 668 at its second reading. Motion by Council Member Connors, second by Council Member Bauer, to adopt Ordinance No. 668 at its second reading. AYES: Council Member Bauer, Connors, Shaw, Waller and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. Page 7 Beaumont City Council January 9, 1989 11. ORDINANCE NO. 669 - SECOND 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., approx. 350 ft. N. of its intersection with Cougar Way. (88- ANX- 3 -41). Motion to read Ordinance No. 669 by title only. Motion by Council Member Waller, second by Council Member Connors, to read Ordinance No. 669 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. 669 at its second reading. Motion by Council Member Waller, second by Council Member Connors, to adopt Ordinance No. 669 at its second reading. AYES: Council Member Bauer, Connors, Shaw, Waller and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. 12. ORDINANCE NO. 670 - SECOND READING - Accepting the Penal Code Requirements Relating to Selection and Training Standards of Public Safety Dispatchers. Motion to read Ordinance No. 670 by title only. Motion by Council Member Waller, second by Council Member Shaw, to read Ordinance No. 670 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. 670 at its second reading. Motion by Council Member7' Bauer, second by Council Member Connors, to adopt Ordinance No. 670 at its second reading. AYES: Council Member Bauer, Connors, Shaw, Waller and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. 13. RESOLUTION NO. 1989 -04 - Approving the Riverside County Hazardous Waste Management Plan. A report was received from Council Member Bauer, who represented the City of Beaumont on the committee reviewing the plan. This report is a matter of record in the Clerk's file. Mr. Bauer advised that Mr. Bischoff, of the Riverside County Planning Department, was present in case there were questions from the Council. Janis Guymon, Inland Disposal, 37210 Wentworth Drive, Hemet, who also served on the committee, addressed the Council, recommending approval of the plan. Page 8 Beaumont City Council January 9, 1989 Motion by Council Member Bauer, second by Council Member Shaw, to adopt Resolution No. 1989 -04. There being no opposition, 14. Requesting Applications for from December 12, 1988). the motion carried unanimously. Planning Commission. (Continued Motion by Council Member Bauer, second by Council Member Connors, to request applications for three Planning Commission seats for four year terms on or before February 9, 1989, at 5:00 P.M., with notice requesting applications posted by the City Clerk for thirty days. AYES: Council Member Bauer, Connors, Shaw, Waller and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. 15. Appointment of Representative to Western County Policy Advisory Committee for the Riverside County Transportation Commission. Motion by Council Member Shaw, second by Council Member Bauer, to appoint Council Member Ann Connors as the City of Beaumont representative to the Western County Advisory Committee for the Riverside County Transportation Commission. AYES: Council Member Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: None. Bauer, Connors, Shaw, Waller and 17. Consider Naming the Police Facility. Council Member Connors stated she was aware of a certain amount of sentiment within the police department to name the new police facility, and she felt it should be discussed with the possibility of honoring that sentiment. They would like to name it after John Hackman, a police officer who died approximately three years ago, and she sees no reason why the Council should not do that. Officer Hackman was the longest serving officer on the force at the time of his death, and well thought of by the other officers, and she feels it would be a nice gesture to name the facility after him. Sgt. Mitch White, representing the Beaumont Confederation of Police, addressed the Council, advising that he was conveying the desire of the Confederation of Police as a body to name the new police facility the "John R. Hackman Memorial Law Enforcement Center ". This suggestion was unanimous from the employees within their group. Mayor Partain indicated that he did not oppose naming the facility after John Hackman, however, he felt the Council should consider the fact that the police facility belongs to the community, and if the Council were to make a decision to name the facility after John Hackman without input from the community, that it would be a mistake. He thought the Council should use the approach of having names submitted for naming the police facility, taking into consideration that this is one of the names submitted, and then make a decision. He emphasized that if it is the desire of the Council to name it after John Hackman, he is not opposed to that - what he is opposed to is doing it without giving the community the opportunity to be involved in the naming of the facility, and he felt the Council should take that into consideration when they vote. Motion by Council Member Connors, second by Council Member Waller, to name the police facility the "John R. Hackman Memorial Law Enforcement Center ". Page 9 Beaumont City Council January 9, 1989 AYES: Council Member Bauer, Connors, Waller and Shaw. NOES: Mayor Partain. ABSTAIN: None. ABSENT: None. 16. Consideration of Request for Naming a Street. Discussion was held concerning Dr. Aslam's request to name a street after James "Jimmie" Schulties, with the Council appointing Council Member Waller to prepare criteria for naming streets based on both the names of citizens who should be so honored, and names of historical significance, to be applied to naming of new streets in future development. 18. Consideration of Request from City Manager for Curb and Gutter Project on City Property. A report was received from the City Manager concerning this request. This request is a matter of record in the Clerk's file. Motion by Council Member Bauer, second by Council Member Connors, authorizing the City Manager to do the curb, gutter and paving project on the east side of Orange Street from the end of the curb and gutter for the police facilities south to the parking lot, at a cost not to exceed $2,800.00, to be charged to Account 3250 -4060, Street Maintenance Contractual Services. AYES: Council Member Bauer, Connors, Waller and Mayor Partain. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw. 19. 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 December 12, 1988. b. Approval of Payment of Warrants as Audited Per Warrant List of January 9, 1988, in the amount of $363,139.37; and Payrolls of December 8 and December 22, 1988, in the amounts of $45,894.21 and $46,430.88 respectively. C. Authorize City Manager to- Execute Letter Agreement with the Law Offices of Susan M. Trager to Provide Special Counsel for Water and Related Environment Matters. d. Authorizing City Attorney to Attend Spring Conference to be Held on March 8 through 10, 1989. e. Authorizing Mayor to Execute Agreement for Fire Protection Services and Agreement for Lease of City Equipment. f. Authorize the Execution of an Agreement with RECON, Regional Environmental Consultants, to Prepare and Process an EIR for the Proposed Wastewater Treatment Plant, Lift Stations and Pipelines. g. Accepting Transit Enterprise Fund Audit for Year Ended June 30, 1988. Page 10 Beaumont City Council January 9, 1989 Motion by Council Member Connors, second by Council Member Bauer, to adopt 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, January 23, 1989, 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 9:23 P.M. Respectfully submitted, Dept ty City Cler Page 11 BEAUMONT CITY COUNCIL MINUTES OF JANUARY 23, 1989 The Beaumont City Council met in a regular meeting at 7:00 P.M., on Monday, January 23, 1989, in the City Council Chambers, with Mayor Pro Tem Connors presiding. On roll call the following Council Members were present: Bauer, Connors, Shaw and Waller. The Invocation was given by Council Member Bauer. 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 a letter just received from Mayor Partain be added to the agenda as an emergency item. Motion by Council Member Waller, second by Council Member Bauer, to add a letter from Mayor Partain to the agenda as Item No. 10. with items 10 and 11 being renumbered 11 and 12 respectively. There being no opposition, the motion carried with four ayes, one absent. 3. ORAL COMMUNICATION: There was no one requesting to speak during oral communication. 4. Report by City Manager Relative to City Growth. The City Manager advised the Council that Mayor Partain received a letter from Landmark Land Company indicating they would like to formally initiate annexation proceedings to annex the entire Oak Valley project to the City of Beaumont. The letter indicated further that they would like to meet with City officials as soon as possible to define the action necessary to proceed with that annexation. He stated further that a meeting was held on Wednesday morning, which was too late for this agenda, however, he wanted to relay to the Council that he had encountered nothing but a good working relationship with Landmark Land Company. They want to be good neighbors and he feels that all future dealings with them will be aboveboard, and good for the City of Beaumont, for Landmark Land Co., and for the Oak Valley project. He then introduced Andy Vossler, a Vice - President from Landmark, and the Project Director for Oak Valley. Mr. Andy Vossler, 34200 San Timoteo Canyon Road, addressed the Council, introducing Mr. John O'Hanian, a Vice - President of Landmark Land and in charge of Southern California Developments, and John Gamlin, in charge of planning and design at Oak Valley. He then gave background information concerning the Landmark Land Company, and other developments which they have either completed, or have in progress. Page 1 Beaumont City Council January 23, 1989 Attention was then directed to exhibits being displayed, with Mr. Vossler giving information regarding the current status of the Oak Valley project as approved by the County. He concluded with the statement that Landmark believes a more localized jurisdiction governing the project would be beneficial to the community and the developer, and as a result feel they should proceed with an annexation to the City of Beaumont. Council Member Shaw asked what capacity sewer system was being planned for the project, with Mr. Vossler advising they had planned to have an on -site, package, treatment plant, to be operated by a sewer district, or one of the existing sewer districts, and it has been located on the southwest portion of the project. He indicated there is also one other alternative being explored, since there is access and capacity at an existing treatment plant, which he named, but is not clear on the tape. He emphasized that on a project this large, that is the type of thing that is open for negotiations, and would be part of the agreement in annexing to the City. Council Member Waller asked if they had checked into water desalinization in order to get more water into the area, with Mr. Vossler responding that in today's development world, recycled water is going to be mandatory, and they are prepared to deal with tertiary water through these treatment facilities. Council Member Bauer and Mayor Pro Tem Connors both indicated they were pleased to consider this project. PUBLIC HEARING - 7 :00 P.M. 5. PROPOSED PRE - ANNEXATION CHANGE OF ZONE 88 -RZ -3, SPECIFIC PLAN 88 -1 and ENVIRONMENTAL IMPACT REPORT 88 -01. Applicant: Beaumont Land Partnership. Location: Highland Springs Avenue about one and one -half miles south of its intersection with Interstate 10. A proposed pre- annexation zone change from Riverside County W -2 (Controlled Developmental Area) to City SPA (Specific Planning Area), (88- RZ -3); the proposed adoption of a Specific Plan of 737.1 acres for a residential community of 700 dwelling units, an 8 acre equestrian center with riding and hiking trails, and 286 acres of open space (SP- 88 -01); and certification that the final Environmental Impact Report has been completed in compliance with the California Environmental Quality Act (CEQA) (EIR 88 -01) . (Continued from January 9, 1989). The public hearing was re- opened at 7 :18 P.M. Susan Fox, of Smith, Peroni and Fox, representing the applicant, addressed the Council as a proponent of this application: What I would like to do, with your permission, is take you through the plan. Talk about why we did certain things. And, in concluding then take questions from you and, ultimately, respond to any comments from the audience. With your permission, can I move over there and start. Council Member Waller: Just a moment. Now, let's see. You are with Smith, Peroni and Fox. Ms. Fox: That is correct. Council Member Waller: Are you directly related to Beaumont Land Development Partnership. Page 2 Beaumont City Council January 23, 1989 Ms. Fox: No, I have no relationship other than they pay our fees, and they have hired us to do the job. Council Member Waller: And your specific duty was to prepare the plan. Ms. Fox: Yes. Council Member Waller: Okay. Ms. Fox: What I would like to do first of all is just tell you where we are in processing, and what we are asking of you, and how long it is going to take to get where we want to be. First of all we have completed a report which includes both the specific plan and the environmental impact report. And we actually have three documents. The big one - this is the draft EIR, copies of which you have received. This was circulated and in response to not very many letters to that EIR, we made comments on that. And that is contained in this document, which is the final EIR. Also, we have supporting the EIR, this was not circulated, but was available in the City, was the appendix. And this document here contains all the technical reports, which went into the EIR. By reading the EIR you have basically covered all that. A lot of this is just masses of tables and so on. But these three documents then constitute our work on this project. Now where we are in the processing, first of all we are not in the City of Beaumont at the moment. We are in the County. We are not in the sphere of influence of the City of Beaumont either. So Step No. 1, after you approve the project, will be for us to go to LAFCO and get the sphere of influence approved. That will be about a six month process. Following the sphere extension, it can be done basically simultaneously, we will then get the annexation to the City. Once we have got annexed to the City, we can then start filing the more detailed plans upon which development will be based. The specific plan itself, and I am going to show you that in a minute, essentially sets the framework and the ground rules. The actual development plans will be based on the tentative tract maps, and final tract maps, which will be filed in phases as the project is developed. Now in terms of timing, if you were to approve the project tonight, we would then file with LAFCO, and it would be at least six months before we could get LAFCO approval. The second thing, as you all know, we have to hook into the City sewer, and, as you are aware the City is planning to expand its sewage treatment plant. We would obviously not be able to develop until that plant is in and completed. Now there are some variations on that in that we might want to move ahead on some of the very low density housing before that. But any substantial development could not occur until the sewage treatment plant is in. So that is where we stand. We are looking at a year, two years, whatever, away, before ground can really be broken on that site. Now what I would like to do now is talk about the sites first of all. Indicate to you some of the constraints and conditions on the site that affected our plan, and then lead you into the plan itself. First of all, site location. One and a half miles south of the freeway, on Highland Springs Avenue. Highland Springs Avenue runs through the property, and immediately south of the property is the Lockheed property, and the gates into the Lockheed piece is right on this boundary here. 737 acres in this site. Page 3 Beaumont City Council January 23, 1989 This drawing here shows and summarizes the basic characteristics of the site. Let me orient you. First of all this is Highland Springs Avenue and its current alignment coming through here. This blue line running through the middle is Potrero Creek, a dry creek as you know, _but can get filled with water occasionally. The site is extremely rugged. It is a hilly site, and some of the terrain is really quite steep. Starting on the west, and then moving across, I have worked on many hilly sites in my time, and I don't believe I have worked with one which is so varied in character. The western section here is sort of badlands terrain. You have a very deep gully running through here, and this portion, which is shown in this green color, is very, very steep. It is land that we would not develop. Through the middle here is a ridge that is relatively developable. Wonderful views as you get up on the ridge. 360 degree view of San Gorgonio up here, San Jacinto down here, and you can see off to the west. So this is that central ridge. Right through the middle here is a broad valley that is relatively gentle. In the center of the site, if you have been out there, there are some old farm buildings where the previous owner used to live. That is right here, just off the creek. Then as you move further to the east, you run into a totally different kind of terrain. Very rugged, lots of rocks, lots of boulders, and, again, very beautiful. That sort of area runs through here. Then finally down in this corner, adjacent to Lockheed, is another relatively level piece of land by this terrain's standards. A couple of other important design factors. We have the Southern California Edison power lines running through here. They are right at the entrance to the site. And we have another easement, Edison easement, running through the middle of the site. We can put things like streets, or parks, or certain facilities under that, but not permanent residences. We also have an earthquake fault running through the site. That is identified in our report, and shown on this map with this black line running through here. Most of its alignment is along Highland Springs Avenue, and then it breaks at this point. Is it a problem. Yes and no. Its a problem in that we have to plan around it. It is not a problem in that we have earthquake faults all over California, and it is very easy to mitigate. We do not believe that this is an active earthquake fault. And there is another little fault running along here which is basically outside all of our development. We have done numerous studies, all contained in the EIR. We have a biological study done, looking at the wildlife. No endangered species there. We were looking particularly for the Kangaroo rat there, Stevens Kangaroo rat, that does not exist on this terrain, thank goodness. We have some archaeological sites, that I anticipate some questions on later on, and we do have our archaeologist here in the audience. I will talk a little bit more about the archaeological sites in a minute. Aside from that, aside from the terrain, we really don't see any major problems in developing this site. Finally, before I move on to another drawing, just to orient you as to what is adjacent to this property, Sun Lakes, which is in the City of Banning, abuts our property here, on the north. West of Highland Springs is the Hovchild property, which abuts our property here. To the west here is vacant and under two or three ownerships. Fairly rugged terrain out here. And the Lockheed property down here, and then this little section in there is BLM land, that is where that nice hill is, and that would hopefully be preserved and never developed. Page 4 Beaumont City Council January 23, 1989 One other drawing I would like to show you before I go on to the plan is the slope analysis which, basically, confirms what I have been saying earlier. The very deep green slopes 25% and above, this sort of medium green here is 16 -24 %, this green here is 9 -15 %, and then the light yellow 0 -8 %. So it is a fairly rugged site as you can see. Okay, let's move on to the plan itself. I will basically take you through it and tell you why we did what we did. First of all, just in terms of the product that we are talking about, we are talking about only single family development. And the range of lots sizes from approximately half an acre in here, to just over 10,000 sq.ft. here, and just under 10,000 sq.ft. in that area. And then some large estate lots in this area. We felt, when we did our market analysis that we could not compete with places like Sun Lakes or Hovchild or Three Rings, which has essentially level land, much lower land development costs. We have very, very heavy, very high land development costs on this simply because of the terrain. So we are going for a higher end in the market, and, consequently, we are going for larger lots, larger homes, and the type of housing that you are looking at is something that you would see up on Oak Glen as you move up into the mountains there. That is the kind of thing we want to do here. So fairly exclusive type of community. The pattern of development -- one of the things that we want to do, as you enter the site right now along Highland Springs Avenue, you have a particularly nasty turn at this point. If you have driven down there, you will have experienced it. We are recommending a realignment of Highland Springs. At the moment it takes off like that -- we just want to come straight through like that, and we have spoken with County roads and they don't have any problems with that. So you would enter, cross a bridge at this point over Potrero Creek, and enter this area of development, which as I say, is all single family lots, about 19,200 sq.ft. average. They are going to vary in size, but that is the average size. At the entrance here, in purple, is our equestrian center, where we would have stables, arenas, and various equestrian equipment, and we see that as a major marketing tool, number one, but also, of course providing a recreational amenity for the residents, and also for the public who would want to ride and board their horses there. How we have handled the easements - this one, of course there is nothing we can do about that -- here, no residential development as you can see, but portions of the equestrian center would be underneath. There wouldn't be any buildings under there. The stables would be out of that. Moving on to this side, there is a fairly narrow strip of relatively level land at the base of this hill, where we anticipate putting a road in, and slightly smaller single family lots. That is this turn of brown in here. This area is one of the prettiest areas on the site. It is very rocky, and we see that -- what we want to do there is basically preserve that environment, and go to very large lots - estate lots - sitting in among the boulders. Then finally, this little section down in here, which is, as I said, relatively level, we would go with the smallest lots of all. As I say, just under 10,000 sq.ft. So that is the basic plan. We are talking about one unit per acre overall. That is 700 lots. And we have plenty of open space - 282 acres of open space. And through that open space we see hiking trails, equestrian trails, and so on. Potrero Creek is a very important feature, not only as a flood channel, but a visual feature as well. There are a lot of very handsome cottonwoods and willows down there, and we intend to Page 5 Beaumont City Council January 23, 1989 preserve that as a feature in its natural state as much as possible. The only - when I say if possible, we might have to buttress a few areas. But we essentially want to keep that intact. I think that is basically all I have to tell you about that. I would like to show you one more plan, which is a sort of concept of what it might look like if we were to develop it just in the way I am talking about there. We are showing, as you can see, the single family lots. Showing the equestrian center in here, and the lots through here, and down in there. It gives you a good sort of feel for what it might look like. You can see a lot of the area through here, along this hillside, this deep canyon, all will be preserved in their natural state. We feel very proud of this project. We think it is something that will make a real contribution to the City. It is a different housing product type than you have typically have been having here, and I would like to conclude at that point. As I say the archaeologist, my clients are here, and we are willing to answer any questions later on. Thank you. Mayor Pro Tem Connors: We will ask questions after we have allowed everyone to speak who wishes to speak. Is there anyone else who wishes to speak in favor of the project. Okay, I have one marked in opposition to the project, which is Mr. Brien Ross, of the Beaumont - Cherry Valley Recreation and Parks District. Mr. Brien Ross, P. 0. Box 490, Beaumont, representing the Beaumont - Cherry Valley Recreation and Parks District: I would like to qualify the opposition. What we are looking at is certainly some concerns in regard to the proposed trails, open space, potential park sites, and the other impacts that would be associated with park and recreation services for the District and the City. We would hope that this would be a continuing process where we would be able to meet with the developer and iron out some of these concerns, in a relatively short time, and would then allay our opposition as it were to the proposed project. I think I will let it go at this point. Mayor Pro Tem Connors: Can you tell us what the concerns are. Mr. Ross: I think they are fairly general. I would like to - there is certainly some very specific concerns, but I don't think that perhaps that - I think those could, perhaps, be handled more with some talks with the developer, and in conjunction with the City, then perhaps right now. Mayor Pro Tem Connors: Are there any questions from Council Members, or comments, to Mr. Ross. Council Member Shaw: How about if he was to itemize those and give each member of the Council a copy of what you are making reference to. Mr. Ross: I will be more than happy to do that. Mayor Pro Tem Connors: Mr. Waller. Mr. Bauer. Okay, thank you. Now we have two not marked for or against. We have a Mr. Bill Jennings. Mr. Bill Jennings, 1126 Griffith County Historical Commission: You have all received copies of Historian has sent regarding archaeological features that are don't have any objections at al Page 6 Way, Hemet, Chairman of the the letter that the County our concerns about the inherent in this site. We 1. We would hope that our Beaumont City Council January 23, 1989 questions can be impacted - or can be addressed, and we are also very confident with Mr. Lerch, the archaeologist who is working on the project. We have worked with him before, and believe he is a very capable person. The thing that we are emphasizing is this is a very vulnerable site. It is a site of considerable aboriginal impact, and some of those have been addressed in this project, but not all of the sites we are concerned about are on the project, however, some of them could be reached by the people living there, especially with the system of equestrian and hiking trails. So we would hope that a great deal of care would be taken to retain these historic and archaeological values. That is all we have unless you have any questions. Mayor Pro Tem Connors: You are concerned not only with what the people doing the development might do to it, but the people who are there afterward, hiking and so forth, that would be able to get there. Mr. Jennings: Yes, as the planner mentioned, there would be some public use of the property besides that of the property owners. And we realize the trail system will be carefully marked, and so forth, and she did mention the extreme rugged quality of the territory, so it will inhibit a lot of the normal uses, and I am presuming there is not going to be any off -road vehicles and this sort of thing. But a lot of the indian sites in this area are very difficult to spot and to protect. And the mention in here of fencing is a somewhat controversial suggestion. A lot of the professionals in the field prefer not to fence things because it makes them more of an attractive nuisance. But this is a very important aboriginal area, and an important historical area of the anglo -saxon and spanish times. So our Commission is concerned that great care is taken with the project. We do not oppose it, however. Mayor Pro Tem Connors: Mr. Bauer, do you have anything. Council Member Bauer: You mentioned the fact that there is some opposition to fencing, and yet the State has used chainlink fencing to preserve the intaglios in the California desert. And they have been able to, I believe, it is my understanding that it has been an effective means of preservation of those indian artifacts. And I can see where some of the items that have been described in the newspaper reports which I have read, might be very well preserved with a well - planned chainlink fence, particularly if those chainlink fence enclosures include a plaque which identifies the site, and the importance of it, so that people can observe, and yet can't disturb it, and it might even be a plus for the developer to do such a thing in order to add another amenity to their set -up. Mr. Jennings: That is a very good point, and we would agree. The question about fencing, it seems to vary from instance to instance. Some times it is very effective. The intaglios you mentioned along the Colorado River have been protected at a late date because of it. In other places it seems to attract people, rather than prevent. So you have to use a great deal of discretion. But the idea of marking the sites in a safe way would be very much of interest to us. Mayor Pro Tem Connors: Mr. Waller. Council Member Waller: I know of a site up in the Idlewild area where there are pictographs, and I am not sure if there are petroglyphs or not, but certainly pictographs. But they have surrounded it with a fence, and - specifically - the County park area, and I have found there to be a tremendous amount of vandalism done to the rock. I would hate to see it made an electric fence, or barbed wire, but, you know, I know of many of these - well, two of these sites, in teaching of Pass history, Page 7 Beaumont City Council January 23, 1989 which I, you know, did at Beaumont High School, we took a field trip up there, and I know, as I say, of two of the sites, and we weren't fortunate enough to find any of the pieces of pottery, otherwise I would still have it at my garage right now because that is where all of the rest of the museum and relics that we have collected are, but - I, let me see, you represent the Riverside County Historical . . . Mr. Jennings: I am Chairman of the County Historical Commission, which is an advisory group to the Board of Supervisors. We are just an advisory group. Council Member Waller: Okay, now - Steve Becker was an actual staff member of the Riverside Historical - have they been contacted on this. Mr. Jennings: Yes, the letter is signed by the person who succeeded Mr. Becker, Diana Seider, who is a professional historian - has a masters in the subject, and so forth. The rest of us are local residents who are appointed by the Supervisors from each district. I am at large. I represent the whole County, and the other gentleman who is here to speak of indian concerns, is also a member of our Commission. But Mr. Becker's successor is a full professional, and she has examined the environmental impact report. We have not seen it, unfortunately. We did not get it in time for our last meeting, so our Commission has not seen it. But we have full faith in her, and we also, as I mentioned, we know Mr. Lerch by reputation and by deed, and we think it is a reputable operation. We wouldn't necessarily hang tough on the fence. I notice that she mentions it in her letter. But fencing is a mixed blessing, and has to be done very carefully. You don't fence too close to the property, and I will say that some of the archaeologists in the field disagree with some of the other people in a kindred field about fencing. Generally, the people at UCR do not favor fencing unless we have to do it. But this, again, would be because the public, as well as the residents in the area, will be using that site - those sites - or be close to them - we would want to be fully assured that there would be protection. That is the only thing that we are concerned about. Council Member Waller: I know in Box Canyon there are a lot of indian carvings, and they have no fences around them, and they are there for the view of the people, and I don't remember there being any vandalism at that site. Have the - the indian councils, such as at the reservation, been contacted, and have their feelings been allowed. Mr. Jennings: I don't know. As I say, our Commission came into this particular matter rather late in the course, so we haven't had time to find out who else has been involved. Mr. Siva, who is here, is a member of an indian council, but not in this immediate area, but he is a Cahuilla person, and he would know, I am sure, what the general feeling would be. This site has not been vandalized in the past, which is very fortunate. Most of the materials down there are relatively low visibility, and they are not totally accessible to the average person. You are not going to go clambering over them unless you are really looking for things. They have not been endangered in the past. We don't feel there has been a problem up until now. There may not be now. And we don't know if the indians themselves have been involved in this process. Council Member Waller: You don't know. Mr. Jennings: I do not know that. Page 8 Beaumont City Council January 23, 1989 Council Member Waller: That doesn't make me feel good. Has Malki Museum been contacted. Mr. Jennings: I don't know that either. I am no longer involved with Malki, and I don't know if Mr. Siva still has a connection or not. Mr. Lerch could probably tell you better than we can. In the past most developers have been very careful to involve Malki, and the various tribal organizations in the area. Of course this is not indian land. Historically it might have been used for occasional use. We don't know how heavily used it was. There is no literature to tell us that. There is very little literature about this area so we are kind of in the dark. Council Member Waller: In the draft, it states in here that there would be time allowed for an archaeologist to do a study prior to any excavation, development or anything like that. Have you worked with this company, or are you sure that Mr. Lerch - are you sure that he would make he is in the audience. Okay, then maybe I should just direct to him. Yes. Mr. Jennings: Yes, it would be much more appropriate. Mayor Pro Tem Connors: Do you have any questions of this gentleman here. Council Member Shaw: I think Mr. Waller has covered the ground pretty good. Mayor Pro Tem Connors: Okay. Thank you very much Mr. Jennings. Could Mr. Lerch come up to the microphone so Mr. Waller could speak with him. City Manager: Do you want to close the public hearing before you do that. Mayor Pro Tem Connors: Can't we make that part of the public hearing. City Manager: Yes, but you have others who are waiting to speak. They may want to leave so you should give them the opportunity. Mayor Pro Tem Connors: Also, we have a request to speak from Mr. Alvino Siva, is that right. Mr. Alvino Siva, 2034 W. Westward, Banning: I am a Cahuilla Indian. The gentleman asked if we had been notified about this and we haven't. My sister is Kathryn Sobo, and she is the curator at Morongo, and she doesn't know about this. I called her up when we had our meeting in Riverside Wednesday, and I asked her if she knew that this hearing was going to be tonight, and she didn't know that. The only thing she said to me was that she would be notified when Mr. Lerch would go and work on this and that she would be with him, but she wasn't notified to that fact. Now Mr. Lerch tells me that he had sent her a copy of this report, but this - the copy that he sent her isn't the one that the changes are made on. Now I want to know what the changes are that he made. If you know - now, Mr. Jennings said this wasn't indian land. It was all our land one time. Way back in the 1800s, then they moved us into Morongo. There was a big village there. Now in this site here we may have cremation sites, and maybe we have burial sites, because we didn't bury our dead until after the spaniards got here. We cremated. Now the gentleman says here that fencing would do the work. Now I was just down in E1 Cajon on a court case of people going in and digging up sites. Now the big site down in Coyote Canyon. And it is protected by the Parks Department, but people still go in Page 9 Beaumont City Council January 23, 1989 there and dig up these artifacts. Now I think it isn't fair not to notify the indians. It seems like to me that this was done on the q.t. That they didn't want to know that this was being done. Now this is what I don't like. Now another thing I want to know is anything that is found in this area, where is it going to go. Is it going to go to Morongo Museum, or is it going to be picked up and taken up someplace else. Now this is the normal procedure that has been going on. Now this court hearing in E1 Cajon, which I was really glad to go to, was one of the most severe punishments a person got for digging up artifacts. Normally they just say, don't do this, fine you $10.00, and send you on your way home. But it wasn't like this in this case. My sister was going to be here tonight but she couldn't do it because she belongs also to the Heritage Commission in Sacramento, and she is in Sacramento. Her plane arrives in Ontario at 7:30. She said if she hurried she would be down here because she has something to say also, but I don't think she is going to make it. But I want to listen to the archaeologist before I say anything as to what changes he made in this. And why the report wasn't given to the indians. If there was one sent who did they send it to. That is all I have. Any questions. Mayor Pro Tem Connors: Would it be possible, if we close the public hearing, and have Mr. Lerch up to answer questions, for this gentleman to also ask questions. Is there any questions or comment for this gentleman. Council Member Waller: Let me just make sure. Kathryn was never contacted at all. Mr. Siva: No. Council Member Waller: She has been the curator there for 12 or - no it has been longer than that hasn't it. Mr. Siva: It has been a few years, yes. Since I think it was started. Council Member Waller: And isn't she the recognized authority on indians in the area. Mr. Siva: Yes she is. Council Member Waller: Is there any reason why somebody would not know this. I mean, I, as a history teacher in Beaumont knew that if I wanted to teach a class I had to first start with native american. And, with that in mind, I knew that the greatest source and authority on it would have to be on the reservation, and specifically from the museum. And that is why I had every single semester, a field trip over there. Why would they then not consider including her in one of the - in the report as a . . . Mr. Siva: That is my question too. Mayor Pro Tem Connors: Thank you. We have one more person who has asked to speak on this item. Mr. or Mrs. J. Lapinsky. Would you state your name and address please. Mr. J. J. Lapinsky, P. 0. Box 2025, Riverside, California: At this point in time I don't know if I am premature in my presentation, or should I wait for another item on the agenda, which is still part of the same project. My concern are roads. I do have a letter that was presented. I made enough copies for each member. It is dated January 9, and if your files are complete you should have copies of it. Page 10 Beaumont City Council January 23, 1989 Council Member Waller: We do. Mr. Lapinsky: You do. Council Member Waller: I just wondered where your property was. Mr. Lapinsky: Okay. My property is in the southeast quarter of Section 22, T3 south, range 1 W, approximately 140 plus acres. Council Member Waller: Do you have at the present time roads leading into your property. Mr. Lapinsky: No I do not. That is my concern. Council Member Waller: Okay. Thank you. Mr. Lapinsky: In other words my letter, of course, indicates that I don't know the adequacy of the provision for the roads, which was indicated in the final report under your exhibit number, Figure No. 3.5. Where they do indicate, or show, extension of the cul -de -sacs, two of which would enter my property in the southeast quarter, and one cul -de -sac would enter the upper portion, which is the northern half of Section 22. Where would be the, I guess, northeast quarter. At this point my concern, of course, is whether or not that would be adequate and, of course, the other features are we don't have a time frame. You know that would come under phasing and in the phasing process, according to the EIR, the development to the west of Potrero Creek Estates would probably not take place much less than about eight years from now. And realizing that we may be confronted by all kind of delays, from time to time, some foreseen and some unforeseen, we could be looking at a project maybe seven to fifteen - ten years. Well I would consider that any time frame along those lines denying me access to my property is almost equivalent to an unlawful taking. In other words, at this point, I think that somewhere in the process roads should be of primary consideration, and, as a matter of fact, my suggestion would be to the Council that any approval of any annexation or specific plan or whatever else is involved, should be conditioned on the fact that roads would be available to me as soon as possible, and if necessary place a barricade or a gate at my property line. City Manager: Do you want me to answer that. Mayor Pro Tem Connors: Certainly. City Manager: Mr. Lapinsky. Obviously you are aware that this proceeding is all to determine whether or not the City annexes the property. Mr. Lapinsky: I concur with that. City Manager: The seven to ten years you are talking about or fifteen years you are talking about, if this is not annexed, could be thirty to fifty years. We have no assurance that this project will ever go. All the Council is trying to do is determine if it should go on and be annexed to the City. Eventually, if it is annexed to the City, the City will be looking at the phasing project, or the phasing of the project. They will be looking at the construction of roads, and when they are to be constructed, and so forth. But a City doesn't distinguish, for instance in this case, extremely distant position from the entrance to the property, that they would have to have that built in two years, in four years, or whatever. That is dealt with at a later time, and the fact that they may take a road to you, may be to your benefit. But there is no responsibility because they may not ever finish this project. Page 11 Beaumont City Council January 23, 1989 Mr. Lapinsky: Well that was my concern, of course, because at the time that the Highland Springs bridge district was coming into play, which was sometime in the tail end of 1986, I made a strong claim, or opposition to being included in that district due to the fact that I do not access to Highland Springs Avenue. And I was assured by the County people that was running the show then, and everyone else concerned, that I would have access. Well, as it turned out, the original maps indicated in the environmental reports did not provide for any road into Section 22 on the west. Not only me, but other people that are to the north of me have no access. Well, I thought that that was a very strong objection, and, therefore, if I am not going to have access to Highland Springs Avenue, then I should not be in the bridge district. City Manager: Well being in the bridge district only means that you will pay if you develop. And obviously you can't develop unless you have got roads. Mr. Lapinsky: Well I don't think I should be there to be subject to that type of an assessment in the future. I think that perhaps I should get myself out of the district. City Manager: But if you have roads in the future, and you use that underpass, you should be like the rest of us and pay. Mr. Lapinsky: There is no doubt about it. There is no question City Manager; But there is no assurance that there will be roads to it. Mr. Lapinsky: - there is no assurance - well that is the point I am making. City Manager: And this Council cannot assure you of that. They don't own this property. Mr. Lapinsky: They do not own it. City Manager: No. And they do not . . . Mr. Lapinsky: But in their zoning processes, as you go along, maybe I am premature as I indicated at the beginning . . . City Manager: That is right. You are very premature. Mr. Lapinsky: Okay. Definitely. But I would like to be on record that I am concerned about roads. And whenever that time comes, whenever you are going to be discussing the specifics of the project I would like to definitely be informed of that. City Manager: If you would like to subscribe to Planning Commission and Council agendas, as an owner from some other area, to our Council and Planning Commission agendas, they will be sent to you every time we have a meeting. If you don't want to subscribe, we can't keep long records of who we have to contact five years from now if this project goes. Mr. Lapinsky: What does it take to subscribe. City Manager: Contact my secretary tomorrow. Contact the Planning Commission secretary tomorrow. Mr. Lapinsky: All right. I see. Very good. And of course I talked about phasing. Right now, for example, there are studies being made by MWD to consider another point in this whole project area, and that could further delay processing. And, of course at this point, I would be definitely be concerned. Page 12 Beaumont City Council January 23, 1989 City Manager: That is correct. That is the reason this Council can't go on record. Even in the future, when they get a map before them, and they see a phasing map, they can't make a developer go an extra five miles to open up someone's property. This Council can't do that. They have no power to do that. Mr. Lapinsky: Well who does. Someone has to be in charge. City Manager: No one has that. When they get a road to you, if you are not paying any cost of it, when they get a road to you, you can act on it. Twenty years. Fifty years. Mr. Lapinsky: But should I be landlocked forever. City Manager: Your landlocked now aren't you. Mr. Lapinsky: Correct. City Manager: You bought it that way. We didn't. Mr. Lapinsky: I know, but at the same time you are proposing projects that at this point . . City Manager: We are looking at the possibility of annexing, not a project. Mr. Lapinsky: Okay. Very good. City Manager: We require that some project density and specific plans be shown. But that is all we are showing. These roads are not engraved in ink at all. Mr. Lapinsky: Very good. I follow you. City Manager: Really, as the planner mentioned, we may be two years before we plant the first house, and I can assure you the first road won't go that far. Mr. Lapinsky: Pardon me. City Manager: The first road won't go all the way to your property. Mr. Lapinsky: It will not. City Manager: They are a lot different developers than I know if they do. Mr. Lapinsky: Don't you think that is kind of unfair. City Manager: No sir. Mr. Lapinsky: You do not. City Manager: I think that those people that use roads should have to pay for them. Mr. Lapinsky: Yeah, but they are not on my property. In other words I would be a trespasser. City Manager: Well, so when they get there you get to connect up. Mr. Lapinsky: Well if you bring the road to my property line then it is my responsibility thereafter. City Manager: That's right. And if it is fifteen years, that is your problem, not mine. We didn't buy landlocked property. Mr. Lapinsky: Okay. But I thought perhaps that you would have Page 13 Beaumont City Council January 23, 1989 some say so City Manager: We will have the say so to make sure that when the street is there, it will bring a street to your property and it will have barricades across it, and then you can pay the rest. _ Mr. Lapinsky: I would have to consider that when it comes up. City Manager: But this Council cannot direct the timing for a street that is two miles away. It is impossible. They could just sell the property if they wanted to. Mr. Lapinsky: Okay. No questions. Mayor Pro Tem Connors: Does the Council have anything for Mr. Lapinsky, or for Mr. Bounds. Thank you. Is there anyone wishing to speak on Item 5 at all. All right. We will close the public hearing. The public hearing was closed at 8:04 P.M. The City Manager indicated it should be entered for the record that a letter was received in regard to the specific plan for the project from the Flood Control and Water Conservation District of Riverside County. And that a letter was also received from the office of the County Road Commissioner and County Surveyor, regarding the specific plan and draft EIR, and the part having to do with the EIR was late, extremely late, and they should consider only those comments having to do with specific plan items only. Michael Lerch, P. 0. Box 55134, Riverside, California, a private cultural resource consultant, Senior Planner for environmental analysis for the County of San Bernardino, and Member of the Board of Directors of Malki Museum, addressed the Council giving in -depth information concerning the developer's plan for preservation of artifacts and archaeological sites on the property, and answering questions from the Council and members of the audience, concluding that he felt the developer can solve any potential problems to insure that there are no impacts to the cultural resources on the project site. Discussion continued concerning the EIR, with questions being asked by the Council, and information being provided by Steve Koules, Director of Community Development, regarding the EIR distribution procedure. The meeting was recessed at 9:40 P.M., reconvening at 9:52 P.M. Mayor Pro Tem Connors reopened the discussion concerning this project, asking questions regarding the displacement of wildlife in the project area, the equestrian special events that will be taking place, and the cottonwood and willow trees being preserved, and would this benefit the animal life. Susan Fox responded that, in her personal observation, the presence of human beings do not eliminate the wildlife as they seem to adapt, or migrate to the open space areas. So far as the equestrian events, in building the equestrian center they were thinking about rodeos, gymkhanas, with two arenas - one for western and one for english, but they do not anticipate huge numbers of people attending these events. She felt that preserving the cottonwoods and willows would absolutely benefit the animal life, as well as the additional planting they will be doing. Additional discussion followed regarding providing police protection for this area, with the City Manager indicating the impact will not be that great, as this type of housing usually Page 14 Beaumont City Council January 23, 1989 have private security. He did indicate that with increased growth, the police department would continue to increase, and mitigation fees would be addressed when they are ready to approach building. Council Member Waller requested additional clarification regarding the certification of the final environmental impact report, with the City Manager explaining the process and time frames involved. He then had questions for Susan Fox regarding toxic substances, and their impact on groundwater, which he has been assured will not be an issue, but he did wonder about the terrain being affected. Mrs. Fox said their geologist indicated there would be no impact, and that is contained in the report. a. Consideration of Certification that the Final Environmental Impact Report has been completed in compliance with the California Environmental Quality Act (CEQA). Motion by Council Member Bauer, second by Council member Shaw, to certify that the Final Environmental Impact Report for Potrero Creek Estates has been completed in compliance with the California Environmental Quality Act (CEQA). AYES: Council Member Bauer, Shaw, Waller and Mayor Pro Tem Connors. NOES: None. ABSTAIN: None. ABSENT: Mayor Partain. b. Consider Adopting Findings that changes or alterations have been required in and incorporated into the project which mitigate or lessen the significant environmental effects as identified in the environmental impact report. Motion by Council Member Bauer, second by Council Member Shaw, to adopt findings that changes or alterations have been required in and incorporated into the project which mitigate or lessen the significant environmental effects as identified in the environmental impact report. AYES: Council Member Bauer, Shaw and Mayor Pro Tem Connors. NOES: Council Member Waller. ABSTAIN: None. ABSENT: Mayor Partain. C. ORDINANCE NO. 672 - FIRST READING - Prezoning 737.1 acres from County W -2 Controlled Developmental Area) to City SPA (Specific Planning Area). (88- ANX- 1 -42). Applicant: Beaumont Land Partnership. Location: Highland Springs Avenue about one and one -half miles south of its intersection with Interstate 10. (88- RZ -3). Motion to read Ordinance No. 672 by Title Only. Motion by Council Member Waller, second by Council Member Bauer, to read Ordinance No. 672 by title only. AYES: Council Member Bauer, Shaw, Waller and Mayor Pro Tem Connors. NOES: None. ABSTAIN: None. ABSENT: Mayor Partain. The ordinance was read by title only by the Deputy City Clerk. Page 15 Beaumont City Council January 23, 1989 Motion to Approve Ordinance No. 672 at its first reading. Motion by Council Member Waller, second by Council Member Shaw, to approve Ordinance No. 672 at its first reading. AYES: Council Member Bauer, Shaw, Waller and Mayor Pro Tem Connors. NOES: None. ABSTAIN: None. ABSENT: Mayor Partain. d. RESOLUTION NO. 1989 -02 - Adopting Potrero Creek Estates Specific Plan SP- 88 -01. Applicant: Beaumont Land Partnership. Location: Highland Springs Avenue about one and one -half miles south of its intersection with Interstate 10. Allowing a maximum of 700 single family homes on 737.1 acres. Motion by Council Member Bauer, second by Council Member Shaw, to adopt Resolution No. 1989 -02. AYES: Council Member Bauer, Shaw, Waller and Mayor Pro Tem Connors. NOES: None. ABSTAIN: None. ABSENT: Mayor Partain. e. RESOLUTION NO. 1989 -03 - Consenting and Authorizing Submittal of Annexation Application of Uninhabited Territory (Beaumont 88- ANX- 1 -42). Motion by Council Member Waller, second by Council Member Shaw, to adopt Resolution No. 1989 -03. AYES: Council Member Bauer, Shaw, Waller and Mayor Pro Tem Connors. NOES: None. ABSTAIN: None. ABSENT: Mayor Partain. END PUBLIC HEARINGS. 6. ORDINANCE NO. 671 - SECOND READING - Authorizing an Amendment to the Contract Between the City Council of the City of Beaumont and the Board of Administration of the California Public Employees' Retirement System. Motion to read Ordinance No. 671 by Title Only. Motion by Council Member Waller, second by Council Member Bauer, to read Ordinance No. 671 by title only. AYES: Council Member Bauer, Shaw, Waller and Mayor Pro Tem Connors. NOES: None. ABSTAIN: None. ABSENT: Mayor Partain. The Ordinance was read by title only by the Deputy City Clerk. Motion to adopt Ordinance No. 671 at its second reading. Motion by Council Member Waller, second by Council Member Bauer, to adopt Ordinance No. 671 at its second reading. AYES: Council Member Bauer, Shaw, Waller and Mayor Pro Tem Connors. NOES: None. ABSTAIN: None. ABSENT: Mayor Partain. Page 16 Beaumont City Council January 23, 1989 7. Authorize City Manager to Negotiate a Price for the Repair of the Rotary Bearing Assembly for the Wastewater Treatment Plant Since We Received No Bids. Motion by Council Member Shaw, second by Council Member Waller, to authorize the City Manager to negotiate a price for the repair of the Rotary Bearing Assembly for the Wastewater Treatment Plant as no bids were received. AYES: Council Member Bauer, Shaw, Waller and Mayor Pro Tem Connors. NOES: None. ABSTAIN: None. ABSENT: Mayor Partain. 8. Request from Council Member Connors for Consideration of an Annual Costume Ball in the Fall of the Year. Mayor Pro Tem Connors indicated this has been discussed previously and was withdrawn because it was too close to the time it might have been held, not allowing sufficient time to get the background information needed. At that time there were some concerns expressed by Council Member Waller which needed to be addressed prior to any decision being made. These concerns were mainly who is going to sponsor it, and who will be paying for it. At the request of Council Member Bauer, Mrs. Connors again presented her suggestion that since the 75th Anniversary Costume Ball was such a huge success, and a lot of people would like to do it again, she would like to see the City make it an annual event. There was discussion concerning how it could be accomplished, how a committee could be formed, and how the service clubs might be approached to participate. Mr. George Connors, 813 Elm, Beaumont, addressed the Council, speaking in favor of holding an annual costume ball, and asking if the City could furnish the facility to hold the ball, and donate some money, or go 50/50 with the other organizations, or at least provide some funding in the beginning to get it started with the hope that the ticket sales would reimburse the City, and pay for the ball in its entirety. Let the record show Council Member Shaw was excused at 9 :33 P.M. Council Member Bauer suggested it should be known as the annual "birthday" ball, which would tie it in sometime in November of each year, and so far as funding is concerned if it were set up now, the City would be working on next year's budget soon. Motion by Council Member Bauer that Council Member Connors head up a committee of her own choosing to study this project and come back with a report to the City Council died for lack of a second. It was the consensus of the Council that Mrs. Connors should get the information regarding the 75th Anniversary Ball, and bring it back to the City Council for further discussion. 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. Page 17 Beaumont City Council January 23, 1989 a. Approval of Minutes of Regular Council Meeting of January 9, 1989. b. Acceptance of Minutes of Regular Planning Commission Meeting of December 6, 1988. C. Approval of Payment of Warrants as Audited Per Warrant List of January 23, 1989, in the amount of $304,933.16; and Payroll of January 5, 1989, in the amount of $45,370.36. d. Authorization to Salvage Vehicle No. 2555 and Dispose of Unusable Portions at a Salvage Yard. e. Authorization for New Senior Center Program to be Funded by AARP, Chapter No. 115. f. RESOLUTION NO. 1989 -05 - Authorizing the First Amendment to the Real Property Exchange Agreement Between the City and the Beaumont Unified School District and Certifying Acceptance by the City of the Property Transferred to the City Thereunder. g. Report of Planning Commission Action at Meeting of January 17, 1989. Council Member Waller asked that it be made a matter of public record that Item No. "e" is really great, he is glad to see this, and he is glad to see everyone working jointly, and he wished there was something like this for the young people. Motion by Council Member Waller, second by Council Member Bauer, to adopt the Consent Calendar. AYES: Council Member Bauer, Waller and Mayor Pro Tem Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw and Mayor Pertain. 10. Resignation of Mayor Pertain as Mayor and City Council Member. The City Manager presented a letter he had received and was asked to present to the City Council at this time. The letter stated that due to personal reasons Mayor Pertain felt he could not fulfill his responsibilities as a member of the Beaumont City Council, and therefore he resigned his seat effective immediately. The City Manager then provided the Council with information concerning the requirements of government code relative to filling a vacant seat on the Council. Motion by Council Member Bauer, second by Council Member Waller, to accept Council Member Pertain's resignation with regret. AYES: Council Member Bauer, Waller and Mayor Pro Tem Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw. Appointment of Mayor Pro Tem Connors as Acting Mayor. Motion by Council Member Waller, second by Council Member Bauer, to appoint Council Member Ann Connors as Acting Mayor until such time as a Mayor is selected. There being no opposition, the motion carried with three ayes, one absent. Page 18 Beaumont City Council January 23, 1989 11. Recess to Closed Session Pursuant to Government Code Section 54957 to Consider Personnel Matters. The meeting was recessed to closed session at 10:00 P.M. The meeting was reconvened to regular session at 10:22 P.M. Let the record show no action was taken in closed session. 12. Recommendation by City Manager to cancel regular meeting of February 13, 1989 due to legal holiday on that date, and Call a Special Meeting for Monday, February 6, 1989 to replace the canceled meeting of February 13, 1989. Motion by Council Member Waller, second by Council Member Bauer, to cancel the regular meeting of February 13, 1989 due to legal holiday on that date, and call a special meeting for Monday, February 6, 1989, to replace the canceled meeting of February 13, 1989. There being no opposition, the motion carried with three ayes, one absent. On motion by Council Member Waller, second by Council Member Bauer, the meeting was adjourned at 10:24 P.M. Respectfully submitted, f_ City Clerk Page 19 BEAUMONT CITY COUNCIL MINUTES OF SPECIAL MEETING OF FEBRUARY 6, 1989 The Beaumont City Council met in a duly noticed special meeting at 7:00 P.M., on Monday, February 6, 1989, in the City Council Chambers, with Mayor Connors presiding. On roll call the following Council Members were present: Bauer, Shaw, Waller and Mayor Connors. The Invocation was given by Mayor Connors. 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. There were no adjustments to the agenda. 3. ORAL COMMUNICATION: There was no one requesting to speak during oral communication. PUBLIC HEARINGS - 7:00 P.M. 4. PROPOSED CHANGE OF ZONE 88 -RZ -6 AND NEGATIVE DECLARATION 89 -ND -1 Applicant: Vincent Danise. Location: East side of Allegheny Avenue approx. 300 ft. North of 6th Street. A proposed zone change from Residential High Density (RHD) to Commercial General (C -G) to bring zoning into compliance with the General plan. The public hearing was opened at 7:03 P.M. There was no one requesting to speak regarding this proposed change of zone. The public hearing was closed at 7:04 P.M. There were no comments or questions from the Council. a. Consideration of Adoption of Negative Declaration 89 -ND -1. Motion by Council Member Shaw, second by Council Member Bauer, to adopt Negative Declaration 89 -ND -1, based on the findings. AYES: Council Member Bauer, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. b. ORDINANCE NO. 673 - FIRST READING - Change of Zone from Residential High Density (RHD) to Commercial General (C -G). Applicant: Vincent Danise. Location: East side of Allegheny Avenue approx. 300 ft. north of 6th Street. Motion to read Ordinance No. 673 by title only. Motion by Council Member Waller, second by Council Member Shaw, to read Ordinance No. 673 by title only. AYES: Council Member Bauer, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. Beaumont City Council February 6, 1989 The Ordinance was read by title only by the Deputy City Clerk. Motion to approve Ordinance No. 673 at its first reading. Motion by Council Member Shaw, second by Council Member Bauer, to approve Ordinance No. 673 at its first reading. AYES: Council Member Bauer, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 5. NEGATIVE DECLARATION 88 -ND -11 - Applicant: Howard Haig. Location: 673 Massachusetts Avenue. A proposed three unit apartment building on a 10,050 sq.ft. lot. (87- PP -19). The public hearing was opened at 7:09 P.M. There was no one requesting to speak regarding this Negative Declaration. The public hearing was closed at 7:10 P.M. Steve Koules, Community Development Director, presented his staff report concerning this negative declaration. There were no comments or questions from the Council. a. Consideration of Adoption of Negative Declaration 88- ND -11. Motion by Council Member Shaw, second by Council Member Bauer, to adopt Negative Declaration 88- ND -11, based on the findings. AYES: Council Member Bauer, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 6. APPEAL of Certain Conditions of Approval for Plot Plan 89 -PP -1, as approved by the Planning Commission. Appellant: Josef Zerr. Location: N.E. Corner of Wellwood and 5th. The proposed construction of a 2,020 sq.ft. commercial industrial building for manufacture of cemetery monuments with a variance to reduce the required front yard setback from 25 ft. to 5 ft., and reduce the required number of off - street parking spaces from 7 to 6 spaces. The public hearing was opened at 7:12 P.M. Josef Zerr, 1165 Palm Avenue, addressed the Council as the appellant: I would just like to ask the City Council to approve the requested variance. Mayor Connors: Would anyone on the Council like to ask Mr. Zerr a question. Any comments. Anyone. Okay. Thank you. There were no other proponents or opponents requesting to speak. The public hearing was closed at 7:13 P.M. Community Development Director Steve Koules clarified the Council is not hearing a variance tonight, but an appeal of one of the conditions of approval relating to street lights. The City Manager also clarified the only item being appealed is the street lights, and, also, the negative declaration is normally considered prior to consideration being given to any part of a project, therefore, they should first take action on the negative declaration before proceeding with the appeal. D- - - 7 Beaumont City Council February 6, 1989 a. Consideration of Adoption of Negative Declaration 89 -ND -2. Motion by Council Member Waller, second by Council Member Shaw, to adopt Negative Declaration 89 -ND -2, based on the findings. AYES: Council Member Bauer, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. The City Manager advised the Council that the appeal addresses the removal of the three ornamental /antique lights on Wellwood and 5th Street. Mr. Zerr is asking that the three lights be allowed to continue to exist, whereas the Planning Commission adopted a condition that two new street lights be installed and the existing lights be removed. Southern California Edison has indicated the cost would be $1,000.00 to install the two new lights. Mr. Zerr is proposing to pay $1,000.00 to the City to initiate a fund to repair or restore the existing street lights. The City Manager went on to suggest the Council consider the problems inherent with retaining the existing lights, i.e.: 1) they are series lights, (when one goes out they all go out) . They would definitely have to be rewired if they are to be restored; 2) the difficulty in obtaining parts; and, 3) the expense of replacement parts. Mayor Connors stated it appears Mr. Zerr is asking to retain the three existing lights, even though he may have to install two new lights, which would result in two lights that work, and three which are ornamental only, with the City Manager confirming this was correct. She also pointed out that a project for Mr. Cosner, approved by the Planning Commission the same night as Mr. Zerr's was heard, was allowed to retain the lights, and wondered if they worked, with the City Manager indicating they apparently do not work, nor was Mr. Cosner required to install new lighting. Council Member Bauer asked if converting the lights from series to independent lights would eliminate some of the difficulty in obtaining parts, with the City Manager indicating he would have to research how they could be converted to accommodate new parts. Council Member Waller stated that although he would like very much to retain the lights, thereby saving a bit of history, and appreciates citizens who also feel this way, he wondered if it would end up creating an economical problem for the City to restore and maintain the lights. Council Member Bauer asked if it really had to be decided at this time, or can a decision wait until it has been determined if conversion kits are available. If this is possible, rather than destroy something that has the value of antiquity, why not wait and make the decision at that time. It was the conclusion of the Council that every effort should be made to save the lights, if it is economically feasible for the City. The City Manager recommended they grant the appeal with specific stipulations regarding the lights, and then outlined these stipulations. b. Consideration of Granting or Denying the Appeal. Page 3 Beaumont City Council February 6, 1989 Motion by Council Member Bauer, second by Council Member Waller, to grant the appeal on the basis that the City will work with Mr. Zerr on Conditions No. 1.02 and 1.03 of the City Engineer's Conditions of Approval, dated January 10, 1989, in that either two street lights will be installed by Southern California Edison or the City will accept $1,000.00 from Mr. Zerr to restore the antique lights, based upon a report made to the Council by May 8, 1989 regarding the cost of restoration and availability of parts to maintain the lights. AYES: Council Member Bauer, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. C. Consideration of Approval of Plot Plan 89 -PP -1 with Amended Conditions of Approval. Motion by Council Member Waller, second by Council Member Shaw, to approve Plot Plan 89 -PP -1, with amended conditions of approval that the City will work with Mr. Zerr on Conditions No. 1.02 and 1.03 of the City Engineer's Conditions of Approval, dated January 10, 1989, in that either two street lights will be installed by Southern California Edison or the City will accept $1,000.00 from Mr. Zerr to restore the antique lights, based upon a report made to the Council by May 8, 1989 regarding the cost of restoration and availability of parts to maintain the lights, with the Plot Plan subject to all other conditions of approval as approved by the Planning Commission. AYES: Council Member Bauer, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. END PUBLIC HEARINGS. 7. Consideration of Filling Vacancy on City Council Created by Resignation of Council Member Partain: a. Appointment to Fill Existing Vacancy on City Council. Mayor Connors opened nominations for appointment. Council Member Bauer nominated Mr. Don McLaughlin for appointment to fill the existing vacancy, citing Mr. McLaughlin's long time residency in the City of Beaumont, as well as having previously served on the City Council and the Planning Commission and his involvement in many other capacities for the benefit of the City, including the 75th Anniversary Committee. Council Member Waller nominated Mr. Bill Mayer for appointment stating that Mr. Mayer has been instrumental in working with the water district and the prison movement, and has been a resident for six years bringing a background in newspaper reporting, and is an independent person in no way tied to anyone. There being no other nominations, the nominations were closed. Roll call: Council Member Bauer - Don McLaughlin. Council Member Shaw - Don McLaughlin. Council Member Waller - Bill Mayer. Mayor Connors - Don McLaughlin. Don McLaughlin was appointed to fill the existing vacancy on the City Council on a vote of 3 -1. Page 4 Beaumont City Council February 6, 1989 8. ORDINANCE NO. 672 - SECOND READING - Prezoning 737.1 acres from County W -2 Controlled Developmental Area) to City SPA (Specific Planning Area) for Annexation No. 88- ANX -1 -42. Applicant: Beaumont Land Partnership. Location: Highland Springs Avenue about One and One -Half Miles South of its Intersection with Interstate 10. Motion to read Ordinance No. 672 by title only. Motion by Council Member Shaw, second by Council Member Bauer, to read Ordinance No. 672 by title only. AYES: Council Member Bauer, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. The Ordinance was read by title only by the Deputy City Clerk. Motion to Adopt Ordinance No. 672 at its second reading. Motion by Council Member Bauer, second by Council Member Shaw, to adopt Ordinance No. 672 at its second reading. AYES: Council Member Bauer, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 9. Consideration of Claim Filed by David Alan Morse. Motion by Council Member Bauer, second by Council Member Shaw, to reject the claim since it is impossible to adequately evaluate the claim without extensive discovery. AYES: Council Member Bauer, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 10. Consider Selling Two Lots Owned by the City on Second Street (Not Improved) between Grace and Olive Avenues, or Granting a Slope Encroachment Permit. The City Manager presented his report, which report is a matter of record in the Clerk's file. Let the record show Council Member Waller left his seat at 7:43 P.M., returning at 7:49 P.M. Motion by Council Member Shaw, second by Council Member Bauer, to authorize a resolution of intention be prepared for the possible sale of two city -owned lots located on the corner of Second Street and Grace Avenue. AYES: Council Member Bauer, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 11. Consider a Request by the Associated Student Body of Beaumont High School for a Donation for the Toma Project. The City Manager presented his report, a copy of which is a matter of record in the Clerk's file. Page 5 Beaumont City Council February 6, 1989 Mayor Connors explained that David Toma is considered the foremost anti -drug speaker in the country, and gave background information regarding the Toma Project, which is being sponsored by the Pass Area Drug Abuse Council and the Kiwanas Club, along with the Associated Student Bodies of both Beaumont and Banning High Schools. Mrs. Connors concluded her presentation with the fact that they have received $6,300.00 in pledges so far, with $530.00 actually in the special bank account. Although an interest was expressed regarding individual donations, and questions were asked concerning the project, no action was taken by the Council as a body concerning a donation from the City. 12. Consider Allowing Baldi Bros. Constructors to Provide the Irrigation System and Landscaping for the Police Facility, and Authorize City Manager to pay $21,645.00, with no interest, when funds are available. A report and recommendation was received from the City Manager, a copy of said report being a matter of record in the Clerk's file. Let the record show Council Member Waller left his seat at 7:54 p.m., returning at 7:59 p.m. There were no comments or questions from the Council. Motion by Council Member Bauer, second by Council Member Shaw, to authorize the City Manager to provide Baldi Bros. Constructors with a purchase order for $21,645.00 for irrigation system and landscaping at the new police facility, with payments to be made when funds are available. AYES: Council Member Bauer, Shaw, and Mayor Connors. NOES: None. ABSTAIN: Council Member Waller. ABSENT: None. 13. Consider Authorizing the Hiring of an Assistant Planner with a Salary Schedule of $2,001 - $2,554. The City Manager presented his report and recommendation for approval of this request. Motion by Council Member Waller, second by Council Member Bauer, to authorize the hiring of an Assistant Planner at the salary range of $2,001 - $2,554 per month. AYES: Council Member Bauer, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 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 January 23, 1989. b. RESOLUTION NO. 1989 -06 - Accepting Offer of Dedication for Additional Right -of -Way Along Sixth Street and Elm Street, and Ordering Recordation Thereof with the County Recorder. (Stenmark). Page 6 Beaumont City Council February 6, 1989 C. Approve Special Counsel Agreement with Brown & Diven Relative to Wastewater Treatment Plant Expansion, and Authorize Mayor to Execute Same. d. Extending the Lease of Property at 296 California Avenue to H.E.L.P., Inc. for One Year Expiring February 28, 1990. Motion by Council Member Waller, second by Council Member Shaw, to adopt the Consent Calendar. AYES: Council Member Bauer, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. Date Set for Next Regular Meeting, Monday, February 27, 1989, 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 8:01 P.M. Respectfully submitted, ,• De ty City Clerk Page 7 CORRECTION TO MINUTES OF BEAUMONT CITY COUNCIL FEBRUARY 27, 1989 Item No. 5 was corrected to read . Four Year Terms Ending December 31, 1992, in the title of the Agenda Item and in the motion on the agenda item. Respectfully submitted, reo;WA quo ,► BEAUMONT CITY COUNCIL MINUTES OF FEBRUARY 27, 1989 The Beaumont City Council met in a regular meeting at 7:00 P.M., on Monday, February 27, 1989, in the City Council Chambers, with Mayor Connors presiding. Installation of Don McLaughlin as Council Member. City Clerk Robert Bounds administered the Oath of Office prescribed by the State Constitution of the State of California to Don McLaughlin. Council Member McLaughlin was welcomed by the Council, and assumed his seat. On roll call the following Council Members were present: Bauer, McLaughlin, Waller and Mayor Connors. Council Member Shaw was excused. The Invocation was given by Council Member Bauer. The Pledge of Allegiance was led by Council Member McLaughlin. At this point, the gavel was given to City Clerk Bounds to conduct the nominations for Mayor. Reorganization of Council: a. Open nominations for Mayor. Nominations for Mayor were opened by the City Clerk. Council Member Bauer nominated Council Member Ann Connors to serve as Mayor. There being no other nominations, Council Member McLaughlin moved that nominations be closed. Roll Call for nomination of Ann Connors for Mayor: AYES: Council Member Bauer, Connors, McLaughlin, and Waller. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw. Mrs. Connors was congratulated on being elected Mayor, and the gavel was returned to her for continuation of the meeting. b. Open nominations for Mayor Pro Tem. Nominations for Mayor Pro Tem were opened by Mayor Connors. Council Member McLaughlin nominated Council Member Bauer to serve as Mayor Pro Tem. No other nominations being received, the nominations were closed. Roll Call for nomination of Council Member Bauer for Mayor Pro Tem. AYES: Council Member Bauer, McLaughlin, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw. Page 1 �� Beaumont City Council February 27, 1989 Mayor Connors announced that Council Member Bauer has been elected Mayor Pro Tem, and extended her congratulations to Mr. Bauer. 1. Clerk's Affidavit of Posting. The Clerk's affidavit of. p.osting 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 - PROPOSED PRE - ANNEXATION CHANGE OF ZONE OF 170.5 ACRES AND CHANGE OF ZONE OF SIX ACRES WITHIN THE EXISTING CITY LIMITS 88 -RZ -7 • SPECIFIC PLAN SP -88 -2 AND ENVIRONMENTAL IMPACT REPORT 88 -2. Applicant: Coscan Stewart Partnership. Location: Bounded on the south and west by 8th Street and Interstate 10, on the north by Florence Street and Marshall Creek and on the east by Elm Avenue. A proposed pre- annexation zone change of 170.5 acres from County Rural Residential (R -R) to City Specific Planning Area (SPA), and Change of Zone of six acres within the City limits from City Single Family Residential (RSF) to City Specific Planning Area (SPA); the proposed adoption of a Specific Plan for a residential community and neighborhood park; certification that the Final Environmental Impact Report has been completed in compliance with the California Environmental Quality Act (CEQA) and consideration of findings that mitigation measure have been taken regarding any significant environmental impacts identified. The City Manager noted boarding facility, stable in the notice of public request was in error, and of this project. This proposed use. that the reference to an equestrian s, training tracks and corrals included hearing as part of the specific plan should be deleted from the description is the existing use rather than the The public hearing was opened at 7:10 P.M. Mr. John Stewart, of Coscan /Stewart Partnership, addressed the Council in support of the project: If it is permissible with you I would like the planning consultant to do the work on this specific plan, to give a short presentation of our specific plan. We have it on some slides here. The consultant that we hired to prepare the environmental impact report is here tonight, so if you have any questions on the environmental impact report, on the specific plan itself, we have those consultants here, and I am here to answer any questions you might have about the project or our intentions. Thank you. Dave Gilmore, Planning Director of Danielian Associates, 60 Corporate Park, Irvine, California, speaking as the planning consultant for the applicant: Approximately one year ago, John Stewart came to us and we began work on developing some site plans for this property. I have got some slides tonight that depict the concept and some of the background of the project. The development plan we have drawn thus far. The slides are in two parts. We have got some of the project itself. Some of the graphics that were developed that are out of the specific plan. We have also got some slides of typical single family, detached products that are typical of what might eventually get built for this project. So, I would like to just put on the slides, and we can go through those. (Steps away from the microphone at this point). Page 2 Beaumont City Council February 27, 1989 Mr. Gilmore reviewed the various graphics for the proposed specific plan, and then presented a series of slides showing the proposed development, as well as other projects which have been completed by Coscan /Stewart Partnership. Mayor Connors: Would anyone like to ask questions at this time, or would you rather wait until everyone has had a chance to speak. Is there anyone else wishing to speak in favor of the project. Is there anyone else wishing to speak in favor of the project. All right, we have a request to speak in opposition to the project from Robert Guillen. I hope I have that right. Robert Guillen: No you don't. Mayor Connors: Would you please give your name and address. Robert Guillen: My name is Robert Guillen, I am the Assistant Superintendent of Business for Beaumont Unified. As you heard in the presentation, there is a roadway going through at least one of the elementary schools in Beaumont. That school is very small in size, it is known as Wellwood Elementary, and right now it is at capacity. It has no room for baseball fields or anything like that. The playground is very small. In the draft there was no mention of any elementary sites. Figuring our rate of students per household, we figure that this development might generate up to, you know, a minimum of 600 students. The general size of an elementary school will meet the needs of 700 students. So at this time, Beaumont Unified is taking the stance that this project needs to address the needs for school sites in our district. Thank you. Mayor Connors: Thank you. Is there anyone else wishing to speak in opposition to the project. Anyone wishing to speak in opposition. Is there anyone wishing to speak at all. Is there anyone wishing to speak at all about this item. Then we will close the public hearing. The public hearing was closed at 7:28 P.M. Council Member Waller asked for clarification that in Title 17, the Council amended Ordinance 638 changing the lot size to 6,000 sq.ft., and asked when that was done. The City Attorney indicated the amendment was adopted in May of 1987. Mayor Connors said she would like to make it clear to anyone attending the meeting who may be neighbors of this project, that the Planning Commission had deleted the multiple family housing from the project at their meeting, so the Council has that point to consider as they go along. She then stated she has toured the property, and it is -a beautiful piece of property, and she is hopeful the plans the developer has comes out as well as they sound, because since it is such a beautiful piece of property, it could be a good addition to that neighborhood. Council Member Bauer indicated that after reviewing the EIR and other documents he has been very favorably impressed with the whole presentation and the nature of the project. Council Member Waller stated that although he regrets seeing the end of Three Rings Ranch as a ranch, for historical and sentimental reasons, the project looks as if it will be a benefit to the City, and through the efforts of staff, specifically the Planning Director and City Manager, the City is getting quality developers. Page 3 Beaumont City Council February 27, 1989 Mayor Connors mentioned the historical buildings on the site, and wondered if there was some way to preserve them and add to the property rather than being torn down and lost. Council Member McLaughlin asked for clarification regarding how the school district arrived at the 600 student figure, which is much higher than the estimate in the EIR for this project. The school district estimate is almost double that of the estimate in the EIR. Mr. Guillen indicated they prepared a demographic study of Beaumont and the generation of students in the past. This study came out at .5, with the current buildings going up now. They also did a demographic study on Moreno Valley and similar projects, and found a higher generation of students, as much as over one per household. He did advise the Council those demographic studies would be available to the Council if they so desired. They feel a project such as this would generate more students as opposed to individual houses going up throughout the City. Responding to another question from Council Member McLaughlin, Mr. Guillen gave specific percentages for kindergarten through 6th grade as .45, 7th through 8th as .125, and 9th through 12th .225, a total of .8 per household, or 600 students, which is the average elementary school. The City Manager defended the environmental impact report, stating that all organizations, entities, etc., are involved in helping put together the EIR, and the numbers used in the EIR came directly from the Beaumont Unified School District in a letter dated May 16, 1988. The consultants preparing an EIR work for a long period of time on them, and depend on the information furnished to them by the various agencies, and since the Beaumont Unified School District provided in the same letter the numbers for the Hovchild project and the Three Rings project, the consultants could only take from that report that neither of these projects would be expected by the District to provide a school. He emphasized again, the EIR report is based on the information provided by the school district, and if the school district wants to change their information it creates havoc with the EIR, and is not in accordance with CEQA, (which requires the information be given properly, and in a timely manner) , and should not be considered after the EIR has been prepared. Although the latest information furnished by the School District is probably right, we do have to depend on the information provided at the time the EIR is prepared, especially when it comes in written form, and in this case it was signed by the Assistant Superintendent of Schools. He stated further that to receive a letter in February, 1989 that the figures are different is very difficult. Even the State is shut down and can make no more comments on this EIR. It is unfortunate it is this way, but it can't be held open until the first house is built, and there has to be a reasonable timeframe within which comments are accepted. The draft EIR was sent to the school district, and we know of no response that came back to the City in a timely manner from them. John Stewart, Coscan /Stewart, advised that the school district has scheduled a meeting on March 3 with all developers in the area, for the purpose, he assumes, of listening to a proposal to mitigate any kind of a problem, and he and other developers are planning to attend that meeting. Page 4 Beaumont City Council February 27, 1989 a. Consideration of Certification that the Final Environmental Impact Report has been completed in compliance with the California Environmental Quality Act (CEQA). b. Consider Adopting Findings that changes or alterations have been required in and incorporated into the project which mitigate or lessen the significant environmental effects as identified in the environmental impact report. Motion by Council Member Bauer, second by Council Member McLaughlin, to certify that the Final Environmental Impact Report has been completed in compliance with the California Environmental Quality Act (CEQA), and adopt findings that changes or alterations have been required in and incorporated into the project which mitigate or lessen the significant environmental effects as identified in the environmental impact report. AYES: Council Member Bauer, McLaughlin, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw. C. ORDINANCE NO. 674 - FIRST READING - Prezoning 170.5 acres from County Rural Residential (R -R) to City Specific Planning Area (SPA), 88 -RZ -7. Applicant: Coscan /Stewart Partnership. Location: Bounded on the south and west by 8th Street and Interstate 10, on the north by Florence Street and Marshall Creek and on the east by Elm Avenue. (88- ANX- 2 -43). Motion to read Ordinance No. 674 by title only. Motion by Council Member Bauer, second by Council Member McLaughlin, to read Ordinance No. 674 by title only. AYES: Council Member Bauer, McLaughlin, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw. The Ordinance was read by title only by the Deputy City Clerk. Motion to Approve Ordinance No. 674 at its first reading. Motion by Council Member Bauer, second by Council Member McLaughlin, to approve Ordinance No. 674 at its first reading. AYES: Council Member Bauer, McLaughlin, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw. d. ORDINANCE NO. 675 - FIRST READING - Rezoning Certain Property from RSF (Residential Single Family) to SPA (Specific Planning Area). Applicant: Coscan /Stewart Partnership. Location: On the West Side of Elm Street, North of 8th Street. (88- RZ -7). Motion to read Ordinance No. 675 by title only. Motion by Council Member McLaughlin, second by Council Member Bauer, to read Ordinance No. 675 by title only. AYES: Council Member Bauer, McLaughlin, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw. Page 5 Beaumont City Council February 27, 1989 Motion to Approve Ordinance No. 675 at its first reading. - Motion by Council Member McLaughlin,- second by Council Member Bauer, to approve Ordinance No. 675 at its first reading. AYES: Council Member Bauer, McLaughlin, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw. e. RESOLUTION NO. 1989 -09 - Adopting Three Rings Ranch Specific Plan SP -88 -2. Applicant: Coscan /Stewart Partnership. Location: Bounded on the south and west by 8th Street and Interstate 10, on the north by Florence Street and Marshall Creek and on the east by Elm Avenue. f. RESOLUTION NO. 1989 -11 - Consenting and Authorizing Submittal of Annexation Application of Uninhabited Territory. (Beaumont 88- ANX- 2 -43). Motion by Council Member Bauer, second by Council Member McLaughlin, to adopt Resolution No. 1989 -09 and Resolution No. 1989 -11. AYES: Council Member Bauer, McLaughlin, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw. END PUBLIC HEARINGS. 5. Consideration of Applications for Three Seats on the Planning Commission for Four Year Terms Ending December 31, 199Z. The City Manager advised that notice was posted for thirty days and four applications were received. The applications were considered by the Council, and questions asked. It was suggested by Council Member Waller that an additional question should be added to the application form regarding length of residency. Motion by McLaughlin, Ethel Remy expiring De AYES: NOES: ABSTAIN: ABSENT: Council Member Waller, second by Council Member to re- appoint Richard Bruner, Blanche Fries and to the Planning Commission for four year terms cember 31, 1991. Council Member Bauer, McLaughlin, Waller and Mayor Connors. None. None. Council Member Shaw. 6. Request from Riverside - Imperial Counties Epilepsy Society for Waiver of Fee for Use of Council Chamber. A report from the City Manager was received, which report is a matter of record in the Clerk's file. Discussion was held concerning this request, with questions being asked concerning other organizations using the facility at no charge. The City Manager pointed out there is no instance when the facility is used at no cost to the City, as heating, air conditioning, lighting, custodial services, administrative services, etc., are provided each time a facility is used. Page 6 7. Beaumont City Council ,�ebruary 27, 1989 Mayor Connors stated the Council had previously held lengthy meetings to discuss facility use, and she felt the Council's action was very specific regarding waiver of fees, because at that time it seemed that everyone wanted their fee to be waived. Motion by Council Member McLaughlin, second by Council Member Waller, to deny the request for a waiver of fees for use of the Council Chamber. AYES: Council Member Bauer, McLaughlin, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw. Consider Request by the Associated Student Body of Beaumont High School for a Donation for the Tama Project (returned to agenda at request of Council Member Bauer). Council Member Bauer called attention to the fact this item was on the Council agenda a few meetings ago, and at that time it was difficult to determine what the Tama Project financial situation was, and he would like to ask Mayor Connors, who is very active in the drug abuse council, to give up -to -date information regarding how they stand at this time in their fundraising. Mayor Connors indicated that as of noon today there was $5,157.35 in the bank. With the pledges as of this date, and other fundraising endeavors, they have between $10,000 and $12,000 at this time. This figure does not include other pledges of amounts not yet determined. This means they still have approximately $3,000 to $5,000 to raise, with Mr. Tama arriving one week from today. Discussion followed, with background information given to bring Council Member McLaughlin up -to -date regarding the Tama Project, information regarding the disposition of any funds received over and above the expenses of bringing David Tama to the area, and questions answered for Council Member Waller, including the amount of money remaining in the community promotion budget account. Motion by Council Member Bauer, second by Council Member Waller, to donate $4,000.00 to this project was withdrawn. Motion by Council Member Waller, second by Council Member Bauer, to donate $1,000.00 to the Tama Project to be taken from Community Promotion Funds. AYES: NOES: ABSTAIN: ABSENT: Council Connors. None. None. Council Member Bauer, McLaughlin, Waller and Mayor Member Shaw. 8. ORDINANCE NO. 673 - Second Reading - Rezoning Certain Property from Residential High Density (RHD) to Commercial General (C -G) to bring into compliance with General Plan. Applicant: Vincent Danise. Location: East side of Allegheny Avenue, approx. 300 feet north of 6th Street. Motion to Read Ordinance No. 673 by title only. Motion by Council Member Waller, second by Council Member Bauer, to read Ordinance No. 673 by title only. AYES: Council Member Bauer, McLaughlin, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw. Page 7 Beaumont City Council ebruary 27, 1989 The Ordinance was read by title only by the Deputy City Clerk. Motion to Adopt Ordinance No. 673 at its second reading. Motion by Council Member Waller, second by Council. Member Bauer, to adopt Ordinance No. 673 at it second reading. AYES: Council Member Bauer, McLaughlin, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw. 9. a. RESOLUTION NO. 1989 -12 - Resolution of Intention to Sell Two Parcels of Real Property. A report was presented by the City Manager, a copy of which is a matter of record in the Clerk's packet. It was brought to the attention of the Council that the City Attorney has submitted a second resolution which includes the terms and procedures for sale of the property, and it was suggested the Council consider adopting this second resolution rather than the original resolution submitted to them. By adopting the second resolution in the form presented by the City Attorney, the Council would not only be giving direction to sell the property, but also establishing the total procedure for selling the property, thereby covering both agenda items 9.a and 9.b in one motion. Motion by Council Member Waller, second by Council Member Bauer, to adopt the second Resolution No. 1989 -12 as presented by the City Attorney tonight. AYES: Council Member Bauer, McLaughlin, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw. b. Direction to City Manager Relative to Procedure for Sale of Subject Property. No action was taken on this item since it was included in adopting agenda item No. 9.a. 10. RESOLUTION NO. 1989 -10 - Acknowledging Offer of Dedication of Road Right -of -Way and Authorizing Agreement for Suspension of Improvements for Plot Plan No. 88- PUP -2. (Jehovah's Witnesses). The City Manager presented his report, a copy of which is a matter of record in the Clerk's packet. Motion by Council Member McLaughlin, second by Council Member Bauer, to adopt Resolution No. 1989 -10. AYES: Council Member Bauer, McLaughlin, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw. 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 Special Council Meeting of February 6, 1989. Page 8 Beaumont City Council February 27, 1989 b. Acceptance of Minutes of Regular Planning Commission Meeting of January 17, 1989, as amended. C. Approval of Warrants as Audited per Warrant List of February 27, 1989, in the amount of $357,817.02, and Payrolls in the amounts of $46,942.89, $47,750.93 and $46,740.02 of January 27, February 10 and February 24, 1989 respectively. d. RESOLUTION NO. 1989 -07 Accepting Offer of Dedication of Additional Right -of -Way Along Fourteenth Street and Ordering Recordation Thereof with the County Recorder. (First Southern Baptist Church). 87- PUP -1. e. RESOLUTION NO. 1989 -08 - Accepting Offer of Dedication of Rights -of -Way Along Olive Avenue and Lana Way and Ordering Recordation Thereof with the County Recorder. (Carter Pendergrass). 88 -TM -7, Tract No. 24030. f. Approval of Updated By -Laws and Agreement with Public Agency Self Insurance System (PASIS) for Workers' Compensation Self Insurance Administration. g. Report of Action of Planning Commission at Meeting of February 7, 1989. Motion by Council Member Waller, second by Council Member Bauer, to adopt the Consent Calendar. AYES: Council Member Bauer, McLaughlin, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw. Date Set for Next Regular Council Meeting, Monday, March 13, 1989, 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 9 :09 P.M. Respectfully submitted, er Page 9 BEAUMONT CITY COUNCIL MINUTES OF MARCH 13, 1989 The Beaumont City Council met in a regular meeting at 7:00 P.M., on Monday, March 13, 1989, in the City Council Chambers, with Mayor Connors presiding. On roll call the following Council Members were present: Bauer, McLaughlin, Shaw and Mayor Connors. Council Member Waller was excused. The Invocation was given by Council Member McLaughlin. The Pledge of Allegiance was led by Mayor 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: Mr. Nathan Guerriero, 10130 Utica, Cherry Valley: I am here to address you regarding my problems at 174 Beaumont Avenue in Beaumont. This is where the overpass is going to be going through very, very soon now, and condemnation proceedings have begun on my property at 174 Beaumont Avenue. Some years ago, when I purchased the property and came down to get a permit, the former City Manager really gave me a bad way to go, and it took me a long time to finally get a permit and get my place accepted. For a long time now I had planned to improve my property, and my heart's desire was to put in a motel, coffee shop, and a little deli type sort of thing, something like what they have at the E1 Rancho. Well, it seemed as though, for different reasons, we didn't get started on that, and in the meantime I had rented it out for a liquor store, and while I do have the zoning for a market they told me, no, I couldn't go ahead and use it for a market. Now I don't know why they objected to it. I was going to go ahead and put in a used car sales over there, and it was zoned for it, but when my people came into the office here, they told them no, you can't have something like that, and besides they are putting in the overpass. And they continually discouraged anything that went on over there. I told them I wanted to go ahead and expand the building and begin improvements, and, again, every time I made that move I was discouraged. Well I was willing to wait long enough until CalTrans finally came through and told us what they wanted. Now they have told me exactly how much footage they are going to take, and they have agreed to reimburse me for the reorientation of that building. Now it is not something that doesn't need to be done, and I am going to submit plans here just like anyone else, and I am not asking for any favors as far as the reorientation of that building. But for God's sakes I don't want to come in here again and have them nitpicking on Page 1 Beaumont City Council March 13, 1989 every little thing that I try to do down there, and add any more aggravation than I have already had in the past. That is what I am here to tell you. I am going to submit plans like anyone else, but if they are going to start nitpicking. Now I wrote you folks a letter, and I asked for a reply, and I never got one. Is that correct Bill? You got a copy. Is that right Mr. Bounds. You got a copy. So I put it on the record to let you know that I was complaining about what was going on because I have never been treated right down there. Never. And I hope that this body will begin to change their attitude a little bit. Maybe the only ones they want to consider around here are the big guys who come into town. But us little people they just want to forget about. That's it. PUBLIC NEARING - 7:00 P.M. 4. INTENTION TO SELL TWO PARCELS OF REAL PROPERTY. The public hearing was opened at 7:07 P.M. A report was received from the City Manager, giving the background information concerning this proposed sale of property, stating specifically that the property would be of no future use to the City. An adjacent property owner had requested that sale of the lots be considered. Dave Sumner, of Sanford Webb Engineering, 930 Beaumont Avenue, speaking on behalf of the client who wishes to purchase the property: I am not going to speak as the property owner would, but more objectively as the City Manager did. The property is basically landlocked that you are liquidating, because Grace Street is not a legal street. It was vacated under that 1893 ordinance that the Board of Supervisors enacted, and was recorded in 1940. So, Grace does not exist, and Olive does not exist, so the property you own is landlocked. The northern 50 feet is in a flood plain that is a major wash down through there, that must be kept open by the flood control, so you basically have a piece of property 50 x 410, that is on about a ten or twelve degree slope into that wash area. It would be back on the tax rolls should you sell it. And the owner of the adjacent property south could utilize that property should he be the high bidder, which I imagine he will be, to enhance the development of his own property, which is in for a zone change with the Planning Department, General Plan Amendment and things of that sort. I would prefer that you would think seriously of selling the property, since it is of no value to the City. Are there any general questions. Mayor Connors: Anybody want to ask Mr. Sumner questions. Mr. McLaughlin, Mr. Bauer, Mr. Shaw. Thank you. Is there anyone else who wishes to speak on Item No. 4. Anyone at all. We will close the public hearing. The public hearing was closed at 7:12 P.M. a. Direct that the sale proceed per Resolution No. 1989 -12. Motion by Council Member McLaughlin, second by Council Member Bauer, to proceed with the sale per Resolution No. 1989 -12. AYES: Council Member Bauer, McLaughlin, Shaw and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Waller. Page 2 Beaumont City Council March 13, 1989 END PUBLIC HEARINGS. 5. a. Authorize the Execution of an Amendment to the Agreements with Developers /Land Owners for Wastewater Treatment Plant Design. b. Authorize a Change Order in the Amount of $191,926.00 for the Contract of Madole and Associates for Additional Pipeline Design work in Area "E ". C. Authorize a Change Order in the Amount of $202,290.00 for the Contract of Almgren & Koptionak to Design the Wastewater Treatment Plant for Tertiary Treatment. A report was received from the City Manager, a copy of said report is a matter of record in the Clerk's file. Mr. Bounds asked that the amount for Madole and Associates be changed to read $191,500.00, rather than $191,926.00. There were no questions or comments from the Council. Motion by Council Member Bauer, second by Council Member Shaw, to authorize the execution of an amendment to the Agreements with developers /land Owners for Wastewater Treatment Plant design; authorize a change order in the amount of $191,500.00 for the contract of Madole and Associates for additional pipeline design work in Area "E"; and authorize a change order in the amount of $202,290.00 for the contract of Almgren & Koptionak to design the Wastewater Treatment Plant for tertiary treatment. AYES: Council Member Bauer, McLaughlin, Shaw and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Waller. 6. Consideration of Claims Filed by Ernestine Prettyman, Jesus Jose Chanez, Marlana Marie Chanez, Johnnie Marie Chanez, Jerry M. Prettyman, and Jesse Jose Chanez. The City Manager presented his report and recommendation for denial of this claim. Motion by Council Member McLaughlin, second by Council Member Bauer, to deny the claims of Ernestine Prettyman, Jesus Jose Chanez, Marlana Marie Chanez, Johnnie Marie Chanez, Jerry M. �_. Prettyman and Jesse Jose Chanez, based on the following findings: 1. That the documents and evidence reviewed thus far fails to establish liability on the City of Beaumont. 2. That discovery is incomplete. AYES: Council Member Bauer, McLaughlin, Shaw and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Waller. 7. RESOLUTION NO. 1989 -13 - INTENTION TO ORDER ABANDONMENT OF A PORTION OF THIRD STREET FROM MAGNOLIA AVENUE TO ORANGE AVENUE. (Dura Plastic) A report was received from the City Manager concerning this proposed abandonment, with recommendation for adoption of the resolution since the City has no need for an 80 foot right - of -way. Page 3 Beaumont City Council March 13, 1989 Motion by Council Member Shaw, second by Council Member Bauer, to adopt Resolution No. 1989 -13. AYES: Council Member Bauer, McLaughlin, Shaw and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Waller. 8. ORDINANCE NO. 674 - SECOND READING - Prezoning 170.5 acres from County Rural Residential (R -R) to City Specific Planning Area (SPA), 88 -RZ -7. Applicant: Coscan /Stewart Partnership. Location: Bounded on the south and west by 8th Street and Interstate 10, on the north by Florence Street and Marshall Creek and on the east by Elm Avenue. (88- ANX- 2 -43). Motion to read Ordinance No. 674 by title only. Motion by Council Member Bauer, second by Council Member McLaughlin, to read Ordinance No. 674 by title only. AYES: Council Member Bauer, McLaughlin, Shaw and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Waller. The Ordinance was read by title only by the Deputy City Clerk. Motion to Adopt Ordinance No. 674 at its second reading. Motion by Council Member Bauer, second by Council Member Shaw, to adopt Ordinance No. 674 at its second reading. AYES: Council Member Bauer, McLaughlin, Shaw and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Waller. 9. ORDINANCE NO. 675 - SECOND READING - Rezoning Certain Property from RSF (Residential Single Family) to SPA (Specific Planning Area). Applicant: Coscan /Stewart Partnership. Location: On the West Side of Elm Street, North of 8th Street. (88- RZ -7). Motion to read Ordinance No. 675 by title only. Motion by Council Member McLaughlin, second by Council Member - Bauer, to read Ordinance No. 675 by title only. AYES: Council Member Bauer, McLaughlin, Shaw and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Waller. The ordinance was read by title only by the Deputy City Clerk. Motion to Adopt Ordinance No. 675 at its second reading. Motion by Council Member McLaughlin, second by Council Member Shaw, to adopt Ordinance No. 675 at its second reading. AYES: Council Member Bauer, McLaughlin, Shaw and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Waller. Page 4 Beaumont City Council March 13, 1989 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 27, 1989. b. Acceptance of Minutes of Regular Planning Commission Meeting of February 7, 1989. C. Approval of Warrants as Audited per Warrant List of March 13, 1989, in the amount of $142,216.46; and Payroll of March 2, 1989, in the amount of $47,112.39. d. Authorize City Manager to Execute Contract with Southwest Training Consultants for Training Required for Dial -A -Ride Transit Drivers; Pay Mandatory Costs for License, Manuals and Bus Inspections; and Approve Overbudget Costs for the Above and Overtime Pay for Drivers. e. Permission for Council Member Bauer to Be Absent from the State for a Period of 90 Days. f. Report of Planning Commission Action at Meeting of March 7, 1989. Mayor Connors requested the minutes of February 27, 1989, be corrected to show the correct date of expiration of the terms of the Planning Commissioners from 1993 to 1992. With this correction, she pointed out the report of action of the Planning Commission on March 7, 1989, should also be corrected to reflect the correct date of expiration. She also asked for clarification of one item on the warrant list pertaining to room dividers for the new police station. Motion by Council Member McLaughlin, second by Council Member Bauer, to approve the Consent Calendar with the minutes of February 27, 1989 corrected as noted. AYES: Council Member Bauer, McLaughlin, Shaw and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Waller. Date Set for Next Regular Council Meeting, Monday, March 27, 1989, 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 Bauer the meeting was adjourned at 7:42 P.M. Respectfully submitted, IeL4e City Clerk Page 5 BEAUMONT CITY COUNCIL MINUTES OF MARCH 27, 1989 The Beaumont City Council met in a regular meeting at 7:00 P.M., on Monday, March 27, 1989, in the City Council Chambers, with Mayor Connors presiding. On roll call the following Council Members were present: McLaughlin, Shaw, Waller and Mayor Connors. Council Member Bauer was excused. The Invocation was given by Council Member Waller. The Pledge of Allegiance 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. Presentation on Weed Abatement by Captain Jim Cook. Captain Jim Cook, Riverside County Fire Department, Beaumont station, presented a video regarding the fire dangers in the State of California, and reported that the weed abatement program for the last three years has brought the City to the point where there has been a 30% reduction in vegetation fires within the City of Beaumont during the fire season. He outlined the procedures used, and answered questions from the Council regarding the weed abatement program. PUBLIC HEARINGS - 7 :00 P.M. 5. PROPOSED PRE - ANNEXATION CHANGE OF ZONE 88 -RZ -4; SPECIFIC PLAN _�.... SP48 -3; AND ENVIRONMENTAL IMPACT REPORT 88 -3. (87- ANX- 4 -44). Applicant: Hovchild, Inc. /Jeff Lodder. Location: On Highland -- Springs Avenue approximately; one mile south of its intersection with Interstate 10. A proposed pre- annexation zone change of 570.6 acres from County Rural Agriculture (R -A) to City Specific Planning Area (SPA), 4.3 du /ac, (88- RZ -4); the proposed adoption of a Specific Plan for a residential planned community of approximately 2,262 to 2,454 dwelling units, 26.6 acres of parks and open space, and an approximate 8.8 acre village center to accommodate a golf clubhouse and limited commercial space, (SP- 88-3); certification that the Final Environmental Impact Report has been completed in compliance with the California Environmental Quality Act (CEQA) and consideration of findings that mitigation measures have been taken regarding any significant environmental impacts identified. (EIR 88 -3). The public hearing was opened at 7:26 P.M. Mr. Jeff Lodder, representing Hovchild, Inc., 23232 Peralta Drive, Suite 123, Laguna Beach, California, addressed the Council as a proponent of the project: Page 1 Beaumont City Council March 27, 1989 Mayor Connors, members of the City Council, before I make my presentation, I would just like to take a few moments of your time to, first of all, express my personal and company's appreciation to your City's staff. In particular Mr. Bounds, Mr. Koules, Mr. Jim Dotson, and Mrs. Taylor, for their valuable advice during the past 18 t,o 20 months, and I merely wanted to publicly say thank you to them also. Needless to say, members of the Council, this plan did not just happen. It is the result of, as I mentioned, 18 to 20 months of hard work, working with your staff, working with all the utility companies, working with the offices of CalTrans, working with the fire department, County planning agencies, and that resulted in the plan that is now before you. I would like to refer you first to the scale model of the site as it is today. Now, first of all, let me also refer you to the location. Here is I -10, Highland Springs Avenue. Here is the Loma Linda land. On this side of Highland Springs is the Sun Lakes Country Club project, and then, of course, is our 570 acres approximate, and the company has owned that since about 1979. It is - if I can refer you, also, to the map that we have here - again, Highland Springs Avenue. We have the City boundary of Beaumont right along the north, the west and, again, this boundary. The property is traversed by a 90 foot easement accommodating a gas main and an Edison facility. Of course, also, entering the property. at the northwest corner is Potrero Creek, which traverses the property this way and exits under a culvert, and then continues on along the east side of Highland Springs Avenue onto and the continuation of Potrero Creek. Again, this scale model here is a true representation - it is a true scale model of the property. Again, Highland Springs Avenue, Potrero Creek, the easement with the electrical towers in it, and then a small portion of the property is of gently rolling terrain. What we have done is for the ease of visualizing the conceptual plan that we have come up with - in other words, this is the specific plan, and we have taken the plan one step further - in other words, we have spent a lot of time in the planning, in the individual planning of those individual planning areas. And if I may ask Preston Gibson, by the way Preston Gibson is the Senior Project Manager for Turrini and Brink, the planning company that has assisted our company in the preparation of the project. Preston, if I can just ask you to bring this over. What we have done is, again, -we have prepared this true to scale model, and have incorporated the major features of the plan, the arterial highways, the collector system, the golf course, onto the model, and we have then taken the planning one step further in order to help you visualize how the project will look at its built out state. Our plan consists of the normal residential neighborhoods, it consists of the village center, a limited commercial neighborhood, and, of course, the recreational facilities, which is an eighteen hole executive golf course. And all those are linked by an arterial highway system that you see here, and, again, you can see the same thing on here. The through arterial and the loop system, and that system, of course, connects all the individual neighborhoods with each other and with the focal points like the village center. Thereagain, we have planned the overall project in such a manner that the maximum allowable density is 4.3 dwelling units to the acre, and the - and it will not exceed it at build out stage. Now, what we have done, we have, of course, planned the village center and the golf clubhouse as a focal point of the community. And, there again, here is the same site. It will have the golf clubhouse, and it will have a theme village center in the same Page 2 Beaumont City Council March 27, 1989 area. Again, all of it linked by the appropriate arterial highways. Now, what we have done, in one aspect, we have oversized one of the major arterials, or we have oversized the through arterials, and also the loop road, in order to be able to incorporate walkways and bicycle trails. It provides, of course, easy access to all the individual neighborhoods, as you can see, with, of course, easy access to Highland Springs Avenue on the east side, we have a through arterial on the west side, we have the two collector roads going north, and, of course, we have provided an access into the Potrero Estates project south of us. Hovchild has strived, members of the Council, to achieve the following goals and objectives. First of all, we wanted to provide a variety of housing. In order to accommodate the anticipated housing needs and the housing markets. Also, we wanted to develop a portion of our project as an active adult community, and that active adult community is primarily north of the major arterial, right here. And we have, of course, the control gates right here, and right here, with a controlled facility at the entrances. Of course, it also includes the first time entry level residents in some of the family projects. Those, for instance, your kids, my kids, the youngsters growing up in the area, people who want to live in a planned community who are starting out their career, that would like to live in a master planned community, and ultimately provide for a move of market and move up and ultimately, you know, when they are old enough to live in the active adult community. One of the things that we have tried very much is to plan the project in order to exude a sense of feeling of coming home when you enter the community. In other words, when you come over the I -10, you drive down Highland Springs, you see the Sun Lakes project, which also is a fine looking project, and then you come up to the Hovchild project - and by the way, members of the Council, we have not yet named it, but we are very close to unveiling the name of it, so to speak -- but, to get back where I was, people driving down, entering the community at the various entry points, and seeing the entry monuments -- we have tried to develop a sense that when the people come to the project, they say, gee, you.know, we're home again. That is, in our opinion, a very important facet of our community also. We have a professional planned 18 hole golf course, an executive golf course, that, as you .can see, also incorporates the 90 foot wide easement. This has been planned, and has been gone over with the utility companies. They are in full agreement with the use of it. One of .the things, of course, there will be exits provided for the facilities. The golf course, needless 10 say, provides one of the major links or focal points of the community. As you can see it links the project together, and --all the facets of the community - the village center, the golf course, the parks, are all linked with bicycle trails, walkways, so everybody can traverse the whole project on the bike and the walking trails. As I mentioned, we have provided those facilities for it. We also wanted to develop the project consistent with surrounding land uses. There is the master planned community of Sun Lakes. I am sure that Loma Linda is working on a plan. The Potrero Estates, a fine estate project, is planned south of us, and, of course, one of the requirements from the fire department was to provide access from the south into the project. And we have worked it out with the Potrero Creek folks also. The village center has been planned, as I said, to provide limited commercial uses. Primarily it is what we call the in- community uses. It is not that we have a major Target store there that people from all over the place come off of Highland and into the project. It primarily will have a card shop, maybe a donut shop, a barber shop, a hairdresser - in other words it Page 3 Beaumont City Council March 27, 1989 will service the community itself. One of the things that we had planned, that no lots, as you can see here, will access the major arterial highways. In other words, if one would live here, you would have to come in through here, and then go in here. You would never access your property from the loop street or the major arterial highways. We have tried to provide a balanced community, that is well - planned, and that is based on good sound planning and sound engineering. It is with neighborhoods that are pleasant, it has curvelinear streets. It is not like the old cookie cutter grid system that you see when you fly, for instance, into Los Angeles, and you fly over the City and you see all the streets, you know, about five miles long that way, and five miles long that way, and it is all rectangulars and all squares. It is based on the curvelinear system that works very well. One of the things, and one of the major items, that we have worked on, initially our project was not planned with the through arterial. Mr. Koules and myself, and our planner and civil engineer consultants, met with the fire department, met with CalTrans, and they brought up a very good point, and we ultimately changed the plan - we had already done all the planning, but we did change the plan to provide for a through arterial. And I can tell you that the fire department was very pleased, and I am also pleased to say that we received notification from CalTrans that they were extremely pleased that the City had insisted also on a through arterial, which now will provide, of course, a parallel traffic system - parallel to I -10 - it will come, of course, through here, it will exit, and it will ultimately connect to Beaumont Avenue. So it is a much neater traffic circulation pattern off the freeway, and we believe, and CalTrans concurs of course, that this will form the basis for the Beaumont circulation program that will ultimately, I am sure, become effective. And it will link, there again, Beaumont Avenue with Highland Springs Avenue. All the regional agencies, as I mentioned, were very pleased about that. We have worked on this project very intensely for many, many months, and we believe that we have come up with, certainly, a community that can stand on its own, that will certainly be a tribute to the City of Beaumont, and it will, I am sure, be acceptable to the residents, and to the people ultimately living there, but, of course, very much important, that it has to be acceptable to the regulatory agencies like yourself. We were very pleased to receive the Planning Commission approva-1, and there again, it is important that we come up with the project that we can all be proud of it. As I mentioned to the Planning Commission, -it is, you know, the regulatory agencies, the regulatory bodies like the Council, is as much a community builder as we are. Your input, the input from the staff, has been very helpful. And, in closing, Mayor Connors and members of the Council, I would like to thank you for giving me the opportunity to make this presentation to you. I thank again the staff for their help, and, in case there are any questions, I will try to answer them, and if I cannot answer them, I am sure that one of my consultants can. If I can just take the opportunity, you have already met Preston Gibson, the senior project manager for Turrini and Brink, Milt Madole, of Madole and Associates, and Dick McGeehen, of the civil engineering consultants, and, of course, Mr. Doug Wood, who is the EIR consultant, who has been very instrumental in writing and putting the EIR together. Again, I thank you for your consideration, and respectfully hope that you will approve our project. Thank you very kindly. Page 4 Beaumont City Council March 27, 1989 Mayor Connors: Thank you Mr. Lodder. Do any of the Council Members have any questions. Mr. McLaughlin. Council Member McLaughlin: No. Mayor Connors: Mr. Shaw. Council Member Shaw: No. Mayor Connors: Mr. Waller. Council Member Waller: Well, let's see, I am still concerned about the - I guess it would be the alterations which can be, or should be required for the project in the area of the archaeology, and I am looking specifically at project analysis staff report, and I have read this over, and I am having difficulty finding where there is any real definite thing that says, for one thing, maybe I am just not seeing it, but where the stuff, the findings, the archaeological findings that you do get, where do they go. Is there going to be anybody else there besides, shall we say, paleontologist. . . Mr. Lodder: Council Member Waller, may I respond to your inquiry please. We have done an extensive study of the archaeo and paleo. We did not find anything - we didn't find anything. And, of course, as we stipulated in our EIR, when the grading takes place - and there will be a limited amount of grading taking place, and, of course, we will have present, during the grading, all through the grading, always, a paleo and /or an archaelogist on the project. And, I could also ask Mr. Doug Wood, who has been working closely, of course, with the archaeo and paleo people, to comment on this, but we did do an investigation, a thorough investigation, because you see, Councilman Waller, by State law, we cannot make a presentation in the EIR that, of course, is not true. Council Member Waller) Right. Mr. Lodder: So, we have, you know, the professional people have worked on this and they are licensed, and they have said there is nothing on the project that needs to be reported.; Council Member Waller: We have property right below you, that - I mean,' not we, but in the City of Beaumont, there is property . . . Mr. Ladder: Potrero Estates, right here. Council Member Waller: Now they have found numerous things there, and yet, on property that you have, this has not been found, so, therefore, it can only be dealt with when grading takes place. Mr. Lodder: That is a correct statement Councilman Waller, like, for instance, when I was here at the presentation of Potrero Estates, and there again, their EIR indeed wrote that they had found certain things, and they too, of course, have committed by law, to have an archaeologist and /or paleontogolist on the job during the grading operation. That is a normal County of Riverside procedure also. Council Member Waller: Well, you are making me feel better about a big decision we have to make, and I also Page 5 I Beaumont City Council March 27, 1989 would like to say thank you for having patience with us, but you know, we are really trying to be cautious about growth in Beaumont, you know, make sure that it is classy. Mr. Lodder: Councilman Waller, not only that, but, first of all, and I think, and I certainly don't want to speak on behalf of Potrero Estates, but I think they also made the statement that in case something is found that it will be indexed, it will be cataloged, and it will not be lost - and we will do exactly the same. And you have my word on that. Council Member Waller: Okay. Mr. Lodder: Thank you sir. Mayor Connors: Anything else. Thank you. Is there anyone else who wishes to speak in favor of this project. Anyone who wishes to speak in favor. Is there anyone who wishes to speak in opposition to the project. Anyone who would like to speak against the project. Is there anyone wishing to speak at all. Anyone wishing to speak at all. All right, we will close the public hearing. The public hearing was closed at 7:48 P.M. There was no further discussion or comments from the Council concerning this project. a. Consideration of Certification that the Final Environmental Impact Report has been completed in compliance with the California Environmental Quality Act (CEQA). Motion by Council Member Waller, second by Council Member Shaw, to certify that the Final Environmental Impact Report has been completed in compliance with the California Environmental Quality Act (CEQA). AYES: Council Member McLaughlin, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Bauer. b. Consider adopting findings that changes or alterations have been required in and incorporated into the project which mitigate or lessen the significant environmental effects as identified in the Environmental Impact Report. Motion by Council Member Waller, second by Council Member Shaw, to adopt findings that changes or alterations have been required in and incorporated into the project which mitigate or lessen the significant environmental effects as identified in the Environmental Impact Report. AYES: Council Member McLaughlin, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Bauer. C. ORDINANCE NO. 676 - FIRST READING - Prezoning 570.6 acres from County Rural Agriculture (R -A) to City Specific Planning Area (SPA) 4.3 du /ac, (88- RZ -4). 87- ANX -4 -44. Applicant: Hovchild, Inc. /Jeff Lodder. Location: On Highland Springs Avenue approximately one mile south of its intersection with Interstate 10. Motion to read Ordinance No. 676 by title only. Motion by Council Member McLaughlin, second by Council Member Shaw, to read Ordinance No. 676 by title only. Page 6 Beaumont City Council March 27, 1989 AYES: Council Member McLaughlin, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Bauer. The ordinance was read by title only by the Deputy City Clerk. Motion to Approve Ordinance No. 676 at its first reading. Motion by Council Member McLaughlin, second by Council Member Waller, to approve Ordinance No. 676 at its first reading. AYES: Council Member McLaughlin, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Bauer. d. RESOLUTION NO. 1989 -15 - Adopting Hovchild, Inc. Specific Plan SP -88 -3. Applicant: Hovchild, Inc. /Jeff Lodder. Location: On Highland Springs Avenue approximately one mile south of its intersection with Interstate 10. Motion by Council Member Shaw, second by Council Member McLaughlin, to adopt Resolution No. 1989 -15. AYES: Council Member McLaughlin, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Bauer. e. RESOLUTION NO. 1989 -16 - Consenting and Authorizing Submittal of Annexation Application of Uninhabited Territory, (Beaumont 87- ANX- 4 -44). Motion by Council Member Weller, second by Council Member Shaw, to adopt Resolution No. 1989 -16. AYES: Council Member McLaughlin, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Bauer. The meeting was recessed at 7:56 P.M., reconvening at 8:07 P.M. �_._... 6. 15th YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Request for input from community regarding the proposed use of these funds. The public hearing was opened at 8:08 P.M. There was no one requesting to speak regarding the community development block grant funds. The public hearing was closed at 8:09 P.M. A report and recommendation was received from the City Manager concerning the use of 15th year community development block grant funds, said report being a matter of record in the Clerk's file. Questions were answered for Council Member Shaw and Mayor Connors relative to the origin of the funding, and if funds were left over from this project if they could be used on another project. Council Member Waller indicated he did not feel he had received this in sufficient time to be prepared to make recommendations, but there were other projects he felt the money should be used for, such as the City park sprinkling system. Page 7 7. leaumont City Council darch 27, 1989 There was continued discussion regarding the ability to reprogram funds not used on the multi - purpose room renovation, with Council Member Waller requesting clarification of the types of projects which are eligible for this funding. Motion by Council Member Waller, second by Council Member Shaw, to hold Agenda Item No. 6 over until the next meeting for, specifically, exploration of other possibilities of how the money should be applied. AYES: Council Member Shaw and Waller. NOES: Council Member McLaughlin and Mayor Connors. ABSTAIN: None. ABSENT: Council Member Bauer. MOTION FAILED ON TIE VOTE. a. Determination of Use of 15th Year Community Block Grant Funds. Motion by Council Member McLaughlin, second by Council Member Shaw, to use 15th Year Community Development Block Grant Funds for the gymnasium /multi purpose room renovation project, as a continuation of the approved 14th year project. AYES: Council Member McLaughlin, Shaw, and Mayor Connors. NOES: Council Member Waller. ABSTAIN: None. ABSENT: Council Member Bauer. b. Consideration of Adoption of Notice of Exemption for 15th Year CDBG Project. Motion by Council Member McLaughlin, second by Council Member Shaw, to adopt Notice of Exemption for the 15th year Community Development Block Grant project. AYES: Council Member McLaughlin, Shaw, and Mayor Connors. NOES: Council Member Waller. ABSTAIN: None. ABSENT: Council Member Bauer. C. Consideration of Authorization to Submit Application for 15th Year Community Development Block Grant Funds. Motion by Council Member McLaughlin, second by Council Member Shaw, to authorize submittal of application for the 15th year Community Development Block Grant funds. AYES: Council Member McLaughlin, Shaw, and Mayor Connors. .NOES: Council Member Waller. ABSTAIN: None. ABSENT: Council Member Bauer. END PUBLIC HEARINGS. a. Announce bids received for sale of real property. The City Manager announced that three sealed bids were received as follows: Kenko Contractors, Inc. $ 500.00 Baldi Bros. Construction 1,000.00 Charles Medina 1,500.00 Page 8 Beaumont City Council March 27, 1989 b. Open verbal bidding from only those bidders who submitted sealed bids by 2:00 P.M., March 27. Mayor Connors opened verbal bidding from those previously announced by the City Manager, with the bid to be no less than 10% of the highest bid of $1,500.00. Kenco, Inc. opened the bidding at $2,000.00. Charles Medina bid $3,000.00. Kenco, Inc. - $4,000.00. Charles Medina - $5,000.00. Kenco, Inc. - $6,000.00. Charles Medina - $7,000.00. Kenco, Inc. - $8,000.00. Charles Medina - $10,000.00. Kenco, Inc. - $15,000.00 Mayor Connors announced the last bid as $15,000.00 and asked if there was a higher bid. There being no further bids, the bidding was closed. C. Consideration of Acceptance of Highest Bid. Motion by Council Member Waller, second by Council Member McLaughlin, to accept the highest bid in the amount of $15,000.00 from Kenco Contractors, Inc. AYES: Council Member McLaughlin, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Bauer. d. RESOLUTION NO. 1989 -17.- Authorizing Mayor to Execute Grant Deeds and Any Other Related Documents to Complete the Sale of Real Property. Location: Lots 1 and 2 of Block 164. Motion by Council Member Waller, second by Council Member Shaw, to adopt Resolution No. 1989.. -17. -AYES: Council Member McLaughlin, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Bauer. 8. RESOLUTION NO. 1989 -14 - Approving Final Parcel Map No. 22620 and Authorizing Recordation of Same. Applicant: Ron Whittier. Location: S/E Corner of Brookside and Beaumont Avenue. A staff report was presented by the City Manager, a copy of said report being a matter of record in the Clerk's file. Motion by Council Member Shaw, second by Council Member McLaughlin, to adopt Resolution No. 1989 -14. AYES: Council Member McLaughlin, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Bauer. Page 9 Beaumont City Council March 27, 1989 9. Consideration of Request to File Late Claim Presented by Craig LaMonte Nixon. A report was received from the City Manager, along with the City Attorney's recommendation for denial of the request. Motion by Council Member McLaughlin, second by Council Member Shaw, to deny the application for leave to present a late claim based on the following findings: 1. It is prejudicial to the City in that too much time has passed to properly investigate and discover the facts surrounding this matter. 2. On reviewing the application in total, no reasonable basis for granting the application appears pursuant to the provisions of California Government Code Section 911.6. AYES: Council Member McLaughlin, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Bauer. 10. Consider Lease /Purchase Agreement for Emergency Generator for Police Facility. The City Manager presented his report to the Council, a copy of which is a matter of record in the Clerk's file. Let the record show, Council Member Shaw was excused at 8:49 P.M. Motion by Council Member Waller, second by Council Member McLaughlin, to authorize the Mayor to execute all documents necessary to complete a lease /purchase agreement with Gateway Western Bank for a 50 kw Caterpiller emergency generator, with lease payments of $1,516.73 per month for twelve months, plus an additional payment of $100.00 to complete the purchase. FY 1988 -89 payments to be charged to Account No. 2050 -6030, Police Department Building Fund. AYES: Council Member McLaughlin, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Bauer and Shaw. 11. CONSENT CALENDAR - All Items Listed Under the Consent Calendar are considered to be routiri,e 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 13, 1989. b. Approval of Warrants as Audited per Warrant List of March 27, 1969, in the amount of $229,597.15; Payroll of March 16, 1989, in the amount of $47,515.28, and Special Payroll in the amount of $836.56. C. RESOLUTION NO. 1989 -18 - Providing the Method of Drawing Warrants or Checks on the City Treasury. d. Request from Cherry Festival Association for Permission to use City property and City Facilities During 1989 Cherry Festival, June 14 -18, 1989. e. Accepting Letter from Controller of the State of California Regarding Fiscal Year 1987 -88 Single Audit Report. Page 10 Beaumont City Council March 27, 1989 Motion by Council Member McLaughlin, second by Council Member Waller, to adopt the Consent Calendar. AYES: Council Member McLaughlin, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Bauer and Shaw. Date Set for Next Regular Meeting, Monday, April 10, 1989, 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 8:52 P.M. Respectfully submitted, City Clerk Page 11 BEAUMONT CITY COUNCIL MINUTES OF APRIL 10, 1989 The Beaumont City Council met in a regular meeting at 7:00 P.M., on Monday, April 10, 1989, in the City Council Chambers, with Mayor Connors presiding. On roll call the following Council Members were present: Bauer, McLaughlin, Shaw, Waller and Mayor Connors. 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. There were no adjustments to the agenda. 3. ORAL COMMUNICATION: There was no one requesting to speak during oral communication. PUBLIC HEARINGS - 7:00 P.M. 4. APPEAL of Planning Commission Denial of requesting reductions in required setbacks (4) billboard displays on property located of Highway 60, at its westerly intersecti 10. Appellant: Adams Advertising, Inc., behalf of the property owner, Frank Rychecky. The public hearing was opened at 7 :04 P.M. Variance 89 -V -2, for each of four on the north side on with Interstate for itself and on There was no one requesting to speak on this appeal. The City Manager presented a letter to the Council from Attorney Mobley, representing the appellant, requesting a continuance of this public hearing to April 24, 1989. a. Consideration of Request from Attorney Mobley, representing the Appellant, to Continue the Public Hearing to April 24, 1989. Motion by Council Member McLaughlin, second by Council Member Shaw, to continue this public hearing to Monday, April 24, 1989, at 7:00 P.M., or as soon thereafter as it may be heard, at the request of the attorney for the appellant. AYES: Council Member Bauer, McLaughlin, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: None. 5. INTENTION TO ORDER ABANDONMENT OF A Portion of Third Street Between Orange and Magnolia Avenue. Applicant: Dura Plastics. The Public Hearing was opened at 7:08 P.M. Page 1 Beaumont City Council April 10, 1989 There was no one requesting to speak regarding this proposed abandonment. The public hearing was closed at 7:09 P.M. There was,no discussion concerning this agenda item. a. RESOLUTION NO. 1989 -19 - Ordering Abandonment of Portion of Third Street Between Orange and Magnolia. Applicant: Dura Plastics. Motion by Council Member Waller, second by Council Member Shaw, to adopt Resolution No. 1989 -19. AYES: Council Member Bauer, McLaughlin, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: None. 6. TENTATIVE TRACT MAP 22524 - (87 -TM -5, Amd 12) Applicant: Devcorp. Location: East side of Palm Avenue between Cougar and Brookside. A proposed 49 lot, single family subdivision. The public hearing was opened at 7:10 P.M. Mr. David Hacker, 490 S. Barrel Drive, Palm Springs, representing the applicant, speaking in favor of Tract 22524: We concur with the conditions of approval with the exception of Items 5.a and 5.b under the plans required, that was prepared by Jim Dotson, the City Engineer. It is our understanding that this has been supplemented by a development agreement for Marshall Creek, so that Marshall Creek can be developed in an orderly fashion. And we concur this amendment, and the development agreement that has been agreed upon by the developer and worked with City staff to implement this. And I am here to answer questions you may have also. Mayor Connors: Does anyone have any questions they would like to ask Mr. Hacker. Any comments. City Manager: If you will look on the Conditions of Approval, October 20, that is actually where 5.a and 5.b is. City Attorney: Under number two, if that helps. City Manager: Yes, two. City Attorney: Number two of the conditions of approval modifies five on Jim Dotson's letter. 5.a and 5.b. City Manager: While Council Member Waller is finding that, I might make a comment, Mr. Hacker indicated that they take exception to - actually, if the Council approves the proposal that has been placed before them tonight, basically, it answers 5.a and 5.b, and so, basically, it would not be - there would be no need to erase it. It would still be a condition, but this is a way of being able to handle 5.a and 5.b - by the proposal, and that is the reason that, if you will notice, in our items that have to be taken up -- always Negative Decs are taken first, but prior to the actual approval of the tentative map, we would need to take action on the proposal. And if that were approved, then that gives lead to go ahead and approve the tentative map, because the proposal will take care of this portion of the conditions of approval. Mayor Connors: In other words, if b was approved here, the proposal - approval of Marshall Creek proposal - then his objections would be taken care of. Page 2 3eaumont City Council April 10, 1989 City Manager: Well, what I am trying to say is, basically. I think that it is more than objection - there is an answer to. I don't think you want to relieve the proponent of 5.a and 5.b, you want an answer to. You want it to be done. This is a proposal of how to get it done. . . Mayor Connors: What I meant was, he would no longer object to. City Manager: No. If you approve the proposal, then I don't think he would object to it. Mr. Hacker: I think that is correct. City Manager: We still have to have the condition - we still have to have the condition, but it would be answered. Mayor Connors: Okay. Yes. Okay. That is what I wanted to know. Mr. Hacker: 5.a and 5.b, then, if I understand correctly, would be the way to implement - would be implemented by the development agreement. City Manager: That is correct. Mr. Hacker: That would be fine. Mayor Connors: Are there any other questions. Anyone. Okay. Thank you. Is there anyone else wishing to speak in favor. On Item No. 6. Is there anyone wishing to speak in opposition. Unidentified speaker from the audience: On part b, are we going to find out if it is going to be approved tonight. Mayor Connors: We haven't gotten to part b yet. Unidentified speaker: Okay. Mayor Connors: Did you want to voice an objection, or to speak in favor or against it, or anything. Unidentified speaker: I would like to see a map as to what they are going to do there. City Manager: Can I explain that. The proposal is between Devcorp and another developer south of Marshall Creek, and what it basically says is that plans for the creek from the eastern boundary of the City limits of Beaumont to Cougar Way will have to be approved by all approving agencies, as well as the plans for bridging Palm Avenue and Cougar Way, and that those - that a financing tool must be, then, put before the Council for approval, and that is with a development agreement, as to how the payment, or the construction of those facilities would be taken care of by these two developers. And what is going to take place if that happens, is that Devcorp has this tract map, plus two more, plus the Aware Development Company has four tract maps, and they would be dedicating all seven of those tracts to the payment of the cost of the improvements, which include concrete lined channel and bridging both of the streets, and that the mechanism is geared to require that the payment of all the improvements - and that would be done through estimates of cost - they would be placed with the City along with building permits, and certain things, but not more than 75% buildout would trigger the actual construction of all of the improvements. Some of the improvements might be done earlier than the others, but if they got to 75% buildout, or if they got to lots that were adjacent to the creek, then it triggers the fact that the construction must take place. Page 3 eaumont City Council April 10, 1989 So, rather than require one developer to build something alone, this provides both developers who are adjacent to the creek in this area, to be able to do the full improvements for that creek, and also to take care of those bridges that are required to be taken care of. This would not have anything to do with the creek as it stands outside of the City limits to the east, nor does it require any improvement, at this time, of the creek south of Cougar to Beaumont Avenue, and Beaumont Avenue to 14th. That can be handled through working with other developers as we go. Mayor Connors: If that doesn't satisfy your concerns, feel free to come up and ask questions here. Okay. Is there anyone else wishing to speak on Item No. 6. Would you come to the microphone and give your name and address for the record. Mr. Lintz, who resides near Brookside and Beaumont: That lot that they mentioned, the east side of Palm, between Cougar and Brookside is already built up. So is there something wrong with our maps, or. . . Council Member Waller: No, the west side is built up. Mr. Lintz: It says here the east side. The east side of Palm Avenue. City Manager: The west side has already been -- that has not been built. Council Member Waller: This is the east side. You are seeing the build up on the west side. City Manager: Right. Mr. Lintz: Palm Avenue, well as you come on up Brookside, you come to Palm before you come to Date. We live on Date. City Manager: Palm Avenue goes between Brookside and Cougar. And on the east side . . . Mr. Lintz: The continuation of Palm Avenue runs through town doesn't it. . . City Manager: But on the east side there is no development at this time. On the west . . . Mr. Lintz: I live there . . . We live on Date, which is east of Palm, so I just wanted to see a map to clarify myself. Do you have a map to show it. City Manager: The map is right here. At this point Mr. Lintz steps away from the microphone to the map. Mr. Lintz: This is Palm Avenue. City Manager: Right, and they propose those lots to the east of Palm Avenue. Do you live north of Date or on Date. Mr. Lintz: Right on Date. City Manager: Right - well, the opposite of Date has not been built yet. Is that right. Mr. Lintzz Both sides of Date have been built. There are houses on both sides of Date Avenue. I live in one of them. City Manager: Oh, okay. Excuse me. See the dark line across underneath Citrus. That is the northern boundary of this tract map. So if you notice the dotted lines on Date, and the north property, dotted lines on Citrus, that means not a part of this Page 4 ieaumont City Council April 10, 1989 map. So all of the dark lines, the straight lines, that is a part of this map. So, basically, it would be south of Date. . . Mr. Lintz: Down here some place. City Manager: Well the project is right. . . (discussion away from the mike) Council Member Waller: This is a vacant lot down here, right. Mr. Lintz: I couldn't tell you. I live up by - right on the corner of Brookside and Date. Council Member Waller: This is below your project. Mr. Lintz: Okay. In that open space here, down south. Okay. I just wondered where this was. Mayor Connors: Is there anyone else wishing to speak either for or against item number six. All right. The public hearing will be closed. The public hearing was closed at 7 :23 P.M. a. Consideration of Adoption of Negative Declaration 87- ND -37. Motion by Council Member Bauer, second by Council Member Shaw, to adopt Negative Declaration 87- ND -37. AYES: Council Member Bauer, McLaughlin, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: None. b. Consideration of Approval of Marshall Creek Improvement Proposal Presented by Devcorp and Aware Development Co., Inc., and Authorization for Mayor to Execute Same. Motion by Council Member Waller, second by Council Member Bauer, to approve the Marshall Creek Improvement Proposal presented by Devcorp and Aware Development Co., Inc., and authorize the Mayor to execute same. AYES: Council Member Bauer, McLaughlin, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: None. C. Consideration of Approval of Tentative Tract Map 22524. Motion by Council Member McLaughlin, second by Council Member Bauer, to approve Tentative Tract Map 22524. AYES: Council Member Bauer, McLaughlin, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: None. END PUBLIC HEARINGS 7. ORDINANCE NO. 676 County R -A (Rural Area) 4.3 du /ac. Lodder. Location: mile south of its 87- ANX- 4 -44.) - SECOND READING - Prezoning 570.6 Acres from Agriculture) to City SPA (Specific Planning (88- RZ -4). Applicant: Hovchild, Inc. /Jeff On Highland Springs Avenue approximately one intersection with Interstate 10. (Annexation Motion to Read Ordinance No. 676 by Title only. Page 5 ►eaumont City Council April 10, 1989 Motion by Council Member Bauer, second by Council Member McLaughlin, to read Ordinance 676 by title only. AYES: Council Member Bauer, McLaughlin, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: None. The Ordinance was read by title only by the Deputy City Clerk. Motion to Adopt Ordinance No. 676 at its second reading. Motion by Council Member McLaughlin, second by Council Member Waller, to adopt Ordinance No. 676 at its second reading. AYES: Council Member Bauer, McLaughlin, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: None. Mr. Jeff Lodder, 23232 Peralta Drive, Suite 123, Laguna Hills, California, addressed the Council for the record to advise that at a meeting with the School District, they asked that he make a statement to the Council to the effect that if a feasibility study, to be pursued by the school district shortly, shows the need for a school site in the southwestern area, which includes the Hovchild project, Hovchild, Inc. will cooperate with the school district in the accomplishment of the location of a school site within that area. 8. RESOLUTION NO. 1989 -20 - Setting Fees and Procedures for Truckload Dumping of Septic Tank and Cesspool Pumpings at the Wastewater Treatment Plant, and Rescinding Resolution No. 1987 -30. A report was received from the City Manager, (a copy of which is a matter of record in the Clerk's file), and questions from the Council were answered. Motion by Council Member Bauer, second by Council Member McLaughlin, to adopt Resolution No. 1989 -20. AYES: Council Member Bauer, McLaughlin, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: None. 9. Request from Council Member Bauer for Consideration of Formation of Economic Development Commission. Council Member Bauer read from a prepared statement concerning the basis for his request, a copy of which is a matter of record in the Clerk's file. There was lengthy discussion concerning the formation of an Economic Development Commission, with all members of the Council participating. It was determined the Council would submit their recommendations or suggestions for formation of an economic development commission to the City Manager no later than 5:00 P.M., on Monday, April 17, 1989. The City Manager and City Attorney were then directed to bring back proposals for the purpose of study for the formation of an Economic Development Commission to be studied in a Study Session after the Consent Calendar on May 8, 1989. Page 6 3eaumont City Council April 10, 1989 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. Consideration of Approval of Minutes of Regular Council Meeting of March 27, 1989. b. Consideration of Acceptance of Minutes of Regular Planning Commission Meeting of March 7, 1989. C. Approval of Warrants as Audited per Warrant List of April 10, 1989, in the amount of $275,233.30; and Payroll of March 30, 1989, in the amount of $ 53,078.73. d. Report of Action at Regular Planning Commission Meeting of April 4, 1989. Motion by Council Member Bauer, second by Council Member McLaughlin, to adopt the Consent Calendar. AYES: Council Member Bauer, McLaughlin, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: None. Date set for next regular Council Meeting, Monday, April 24, 1989, 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 8:13 P.M. Respectfully submitted, C ty Clerk Page 7 BEAUMONT CITY COUNCIL MINUTES OF APRIL 24, 1989 The Beaumont City Council met in a regular meeting at 7:00 P.M., on Monday, April 24, 1989, in the City Council Chambers, with Mayor Connors presiding. On roll call the following Council Members were present: Bauer, McLaughlin, Shaw and Mayor Connors. Let the record show Council Member Waller arrived at 7:05 P.M. The Invocation was given by City Attorney Ryskamp. 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. There were no adjustments to the agenda. 3. ORAL COMMUNICATION: There was no one requesting to speak during oral communication. PUBLIC HEARINGS - 7:00 P.M. 4. APPEAL of Planning Commission Denial of Variance 89 -V -2, requesting reductions in required setbacks for each of four (4) billboard displays on property located on the north side of Highway 60, at its westerly intersection with Interstate 10. Appellant: Adams Advertising, Inc., for itself and on behalf of the property owner, Frank Rychecky. (Continued from April 10, 1989). The Public Hearing was re- opened at 7:05 P.M. Mr. Gary Mobley, 5 Park Plaza, Irvine, California, representing the appellant: I am an attorney representing Adams Advertising and am here speaking on their behalf. If I may I have a couple of materials that I would like to present to the members of the City Council at this time regarding the application. I will explain them first and then I will pass them out. First is a folder that has some photographs showing the project and proposed locations of these signs, and some additional material relating to that. Second, there are some legal arguments that have been raised, and to avoid any misunderstanding as to what our contentions are, I have prepared a very short letter outlining the legal issues. To sort of cut matters to the quick, it is our position that these permits are a matter of right and should have been issued over - the - counter. And I have set forth those arguments in a short,three page letter, if I may present them-'.-.- City Attorney: Are you submitting these for the record. Attorney Mobley: Yes I am. City Attorney: No copy for the Clerk. Page 1 leaumont City Council April 24, 1989 Attorney Mobley: I have an additional copy. Finally, I have some exhibits of additional documents that we have obtained since the time of the last Planning Commission hearing, and I have sets for each of the Council Members I would like to present at this time. Mr. Ryskamp, for the record, may I inquire -- I can give my copy of these documents, one of them is marked up for the exhibits. Would you prefer that one of the copies from the Council be made available for the record. City Attorney: Either way. Whatever. It just helps if we have a copy for the Clerk. It also helps if there is one for the City Attorney to look at, but I am being supplied something from Attorney Mobley: If I may present the exhibits at the conclusion of my presentation to the record I will be happy to do so. May I ask, would the Council desire to take a few minutes to review the materials we have submitted. I can explain them. Mayor Connors: This seems to be a lot of reading material here. Attorney Mobley: It does, and I apologize for that. It was an attempt to short circuit the length of my presentation. Mayor Connors: It may be difficult to cover all this in a few minutes. What is the desire of the Council. Council Member Bauer: I would think that we should continue it. I don't see how we can look at all this and possibly come to a decision in a matter of minutes. Council Member Shaw: I don't think we can look at all this in such a short time. Attorney Mobley: That would be fine. I would be happy to have these matters considered. This is a very important matter to us and . . . Mayor Connors: Well we do have all of this that came with the Council agenda for us to look at, and I think some of it is in here. Attorney Mobley: I believe -- I tried to avoid duplicating the exhibits. These are additional exhibits. I can explain them if it would help. Council Member Waller: May I ask a question. Then in your attempt not to duplicate, does that mean that the City Attorney nor our City Manager nor our Planning Director has had a chance to look at these. Attorney Mobley: That is correct. Council Member Waller: I then move that we hold this over to the next meeting. Council Member Shaw: I will second that. City Attorney: I would suggest that before you do that, that you at least allow Mr. Mobley to complete his pre's- entation so that we have everything that he is about to present to us to review, rather than reviewing what we have been given. Attorney Mobley: Well, I am perfectly prepared to come back and explain our position after you have had a chance to review the materials. I would prefer that. Page 2 Beaumont City Council April 24, 1989 Council Member Waller: Are you going to promise not to add anything. Attorney Mobley: That is a fair enough request. If I could just explain the exhibits, perhaps it might help in reviewing these materials. Exhibit One is the memorandum, which is, I believe, in the materials which you previously have from Mr. Ryskamp, dated November 3, 1988. This was the -- we just came across this recently. It was a memorandum he did to the Planning Commission the first time this came around. Exhibit Two are some documents that we were not aware of that were going on at the same time as Mr. Ryskamp's letter of Exhibit One, and that concerns an amendment to the City's sign code that was going on at the same time. We are submitting this because we found it somewhat curious that in Exhibit One, which is prepared November 3, 1988, and in our materials to the Planning Commission we had argued that the sign ordinance as it previously existed was unconstitutional, and the conclusion here, on Page 3, by Mr. Ryskamp, is that the ordinance is constitutional. On Exhibit Two, the first document is a letter that he prepared six days later, to the City Council indicating that, in all probability, the ordinance is unconstitutional and recommended an amendment, which subsequently passed. Exhibit Three is a packet of documents, and this is in response to the City Attorney's memorandum that was submitted to the City Council in these proceedings, saying that substantially all our argument relates to on -site signs that have been recently permitted. Exhibit Three is an off - premise billboard that was recently approved without any kind of a setback requirement. This was issued over - the - counter for a permit on Highway 79, which is a State designated freeway having the same status within the State as Highway 60. We have contended all along that this is an over - the - counter permit that should have been issued on all our applications. Here is an instance where that, in fact, is exactly what happened. Exhibit Four are a series of documents relating to several recent on -site signs that are substantially identical to billboards that were recently approved by Planning Commission in a variety of ways, to permit large billboard type, but on -site message signs, including the Travelodge sign which was heard at the time that our application initially came up with the City Council in October, I believe. And then, finally, Exhibit Five previously submitted that I believe list of all the existing billboards catalog in the City of Beaumont, any that the application will not have impact on the existing conditions of is a list that we have the Council has, that is a that we have been able to J that is submitted to show any substantial effect or the property. And the, like 1 said, the letter just outlines our legal issues, and is an attempt to address some of the points that Mr. Ryskamp raised in his memo to the City Council. Mayor Connors: I am not sure about the rest of you, but there is nothing here that I haven't had access to already, except for this letter. This letter was not sent to Mr. Ryskamp before it was given to us tonight. Attorney Mobley: No. And neither was Exhibit - well, Exhibit Two, I suppose the City Council has already seen before. Exhibits Three and Four, to my knowledge, are not _i4i any of the materials that have been provided to you in preparation for today. And the letter that you are holding right there was prepared in response to the letter from Mr. Ryskamp, his report to the City Council that we just received, so I was not able to get it in substantially sooner than that. Mayor Connors: He has not seen it until just now. Page 3 - eaumont City Council April 24, 1989 Attorney Mobley: He has not seen it. Mayor Connors: Did he get one right now. Attorney Mobley: I don't believe so. City Attorney: No, there was none provided, however, I stole Mr. Waller's copy. Mayor Connors: Seems a strange way of doing this. Where we all get this letter before he does, when it is addressed to him. City Attorney: No, it is addressed to Mr. Bounds. Mayor Connors: Did Mr. Bounds get it before now. City Manager: No, not until just now. This was especially for me. Attorney Mobley: This was prepared for presentation -- sorry. Mayor Connors: Well, I have one of those. City Manager: Well, I just got mine. I wasn't going to get one. Attorney Mobley: If this was a little unusual, procedure wise, I do apologize. . . Mayor Connors: It makes it very difficult to discuss it. Attorney Mobley: I understand, and I will be happy to come back the next time it is convenient to the Council. Council Member Waller: There is a motion on the floor, and following parliamentary procedure, I guess I consider that a point of order, what you have just done. Mayor Connors: I think Mr. Bounds wants to say something. City Manager: I think that since this is a re- opened hearing, that everyone that is here that may not have the opportunity to come back at a later time, might be given the opportunity so that they might speak if they desire to. . . . Council Member Waller: May I withdraw my motion. City Manager: . . . . just as we did at the last meeting in case there is someone this is the only day they could be here, they can at least make a statement. Mayor Connors: Do you withdraw your second Mr. Shaw. Council Member Shaw: Yes. Attorney Mobley: Then, as I understand it, I will yield the floor now, if I can bring this up the next time it comes up. Mayor Connors: Yes, the motion and the second have been withdrawn for the moment. And we have another request to speak. City Attorney: Once again, I would suggest in handling the matter it would be best to allow Mr. Mobley to complete his presentation. Allow the others who are going --'to speak -- assuming he speaks as the applicant -- allow him to complete his presentation. Then take any other testimony from the public, and then close the hearing, and then either take an action or, if you want additional time and /or input from staff, to make your continuance. Page 4 Mayor Connors: Well I am sorry. that he had finished. Beaumont City Council April 24, 1989 I was under the impression City Attorney: I thought he had just reserved the right to say something further next week. Attorney Mobley: That is what I was intending to do. I have a presentation I am prepared to give right now. I would prefer to do it after the Council has had a chance to look at these materials, and I do apologize they were submitted in this fashion. Council Member Waller: May I ask, how many people in the audience wish to speak on this subject. Attorney Mobley: The owner is here, Mr. Rychecky, I know he submitted a request. Mayor Connors: How many others are waiting to speak on this item, besides Mr. Rychecky. Council Member Waller: Well, then, 1 move that we hold it over to the next meeting, because there is no reason - if only the owner of the sign is here, and there is nobody that is in opposition, we wouldn't have put anybody to any great duress in coming here. City Attorney: Once again, my only concern is, I would like to be certain we have everything Mr. Mobley wants to present. If you are going to request that we provide an additional opinion or commentary. Mayor Connors: All right, Mr. . . . . Council Member McLaughlin: Well, I feel, like the attorney has said, is the right way to go this evening. To go ahead and let's do this and hear who is here, because some may not be able to appear at our next meeting. So, let's listen tonight, and this may let us make a better decision in the future. But I think that with the late giving of this material, I believe we should not make a decision this evening. Mayor Connors: You mean including Mr. Rychecky - see, I am getting a little confused. City Attorney: Yes, I would think that you could have Mr. Mobley make his presentation, Mr. Rychecky make his comments, and close the public hearing. And, then, either make your decision based on what you have heard, or if you want additional input from staff - any of us - we can provide that input and, there would be no need to reopen the public hearing. Mayor Connors: Okay, the problem is arising because Mr. Mo,bley wants to wait until we have done this, and speak next time. This is where the problem is arising here. You would rather have him do that now, so we know . . . City Attorney: That's fine, if he wants you to review it then . Council Member Waller: May I ask a question. If he spoke now, he would, again, be able to speak next time, right. r City Attorney: If you so desire, or if you continue the public hearing, yes. Council Member Waller: Okay. Before anything is done - I mean - if we are listening to a presentation, I am going to have to request a five minute recess, at least, to get a copy. I have given my copy to him. And he needs it, more than I do. And, you know, I am a visual learner - I like reading things over before I hear them, but if it is in interest of the rest of the Page 5 Beaumont City Council April 24, 1989 Council Members to go ahead with it tonight, so be it. Attorney Mobley: I am perfectly pleased to come back. I think my preference, if that is worth anything at all, would be to address the Council after you have had a chance to look at these, ask any questions of staff that you have, then I can answer any questions. It was intended to shorten the time, and I feel like this has created a problem here. So I apologize. Mayor Connors; Yes, I think we need to caution you, that if you come back next time to make the presentation, and you bring up something new yet, that you haven't submitted earlier, it will keep happening like this. Council Member Waller: Well . . . Attorney Mobley: I don't intend to, but I will be available for any questions that you might have, having reviewed these materials, and after the input from Mr. Ryskamp and others. I am prepared to go either way. Whatever you desire. Mayor Connors: Do you want him to make his presentation this evening, or do you want to let him wait until after we have reviewed this. Council Member Waller: May I make a suggestion. Mayor Connors: Certainly. Council Member Waller: Why don't we - seeing as this is a very legal matter, why don't we go with the advice of the City Attorney. You know, if it is that he would just like to find everything that is going to be said so he can make preparation, fine, we can do it that way. If it be where they come back, I will go along with that. Mayor Connors: Right. If there is no objection from any of the Council Members, we will have Mr. Mobley continue with the presentation. Attorney Mobley: Fine. Thank you. Council Member Waller: May I request a few minutes to get a copy of this. City Attorney: Go ahead and take it, I will look at it when we come to it. Council Member Waller: All right. I'm ready. Attorney Mobley: There is really two issues. Trying to boil all of this down, with all the material submitted, I think there is just basically two issues presented here. The first is that we do believe that we are entitled to these permits as a matter of right. That is the way we proceeded initially. I tried to summarize our legal arguments in the letter that I submitted to the City Council now. So I don't intend to address that further in this presentation. The other issue though that I do intend to address now, is what I consider a fundamental issue of fairness, and I think that is an equally compelling reason for granting the applications that have been submitted now. Adams Advertising has acted in good faith throughout this entire proceeding. We have tried to work with the staff, present the applications, go through the process. We have tried to deal aboveboard each time in the proceedings. With all frankness I don't feel that we have been treated in that same spirit of fairness by the staff in a lot of issues that have come up. I have pointed out in the exhibits. Our first presentation to the Planning Commission, we argued that this ordinance was Page 6 Beaumont City Council April 24, 1989 unconstitutional. And, there we have a letter dated November 3 telling the Planning Commission that the ordinance is constitutional and the application should be denied, and at the same time, virtually simultaneously, through the City Manager, the City Council is being asked to approve an amendment to the ordinance because the ordinance is probably unconstitutional. Mayor Connors: The letter of November 3 in this? Attorney Mobley: Yes it is. Mayor Connors: Which one is it. Attorney Mobley: Its - - Exhibit One is the November 3 letter from Mr. Ryskamp to the Planning Commission, and it goes into a lengthy discussion on the first amendment issues that we raised at the Planning Commission. And it concludes, on Page 4, just above recommendation - the word recommendation - it concludes with, that, basically, the Beaumont City Ordinance gives sufficient legal grounds to substantiate rejection of the sign application. At the same time, virtually, November 9, Mr. Ryskamp's letter to Mr. Bounds, dated November 9, 1988, is saying please review the proposed ordinance in the enclosed case, and the first sentence of the second paragraph, "our current ordinance is very likely to be unconstitutional under these California cases ". What happened, is we were induced to, basically, go back and proceed through a variance application at the time that this new ordinance was literally snuck through without any notice to us whatsoever. Now I don't mind the City amending the ordinance, but when we are there presenting an application saying that we think it is unconstitutional, we think we are entitled to the permit, I just think it is sneaky, at the very least, to be turning around and amending the ordinance, and convincing us to go through a different procedure, which is what we did. So be it. I would also note that the report of Mr. Ryskamp to the - City Attorney, that is dated April 4, 1989, that is not in the packet that I gave you, but I am sure is in the packet that you received in preparation for today, concludes in the last paragraph, "we would hope that the City Council would carefully review the facts as well as the points of law presented, and sustain staff's recommendation denying this appeal. Thank you." I honestly don't think it is appropriate for the City Attorney to be taking an adversariel position in applications. I have never heard of a City Attorney recommending for or against - or recommending the City Council take an action one way or the other. I would point out that before the Planning Commission there was no verbal opposition to our application. And I do not hear any indication that there is any opposition here today. In fact, the only opposition that we are aware of by the public is a letter submitted by Greg Kunz, who opposed the project. Mr. Kunz, however, is one of the owners of Kunz Outdoor, who has several billboards in the area, and in discussions my client had with him recently, he admitted the only reason he was opposing it is the financial interest of his own company. The key documents that I would ask you to look at in these exhibits is Exhibit Three, which is the over, the- counter billboard permit for the permit recently on Highway 79. It has been our position all along that no variance is needed because the 500 foot setback requirement does not apply to this particular sign. This is an over - the - counter permit that was approved just earlier this year for that precise situation. And then, as I pointed out, in Exhibit Four we submitted a number of on -site signs that have been recently approved one way or another. ,Page 7 Beaumont City Council April 24, 1989 I guess the question that I have, and I would like to pose it to the City Council, is this issue of fairness. The particular signs here, we feel, there are compelling reasons that I will get to in a moment, for them to be accepted. Why is it that at least, there seems to be an antagonism, at least, through the staff position, to off - premise billboard signs, when virtually the identical signs are being approved on an on- premise basis. Specifically referring to the Travelodge and the City -wide ones. The Travelodge I sat through the Planning Commission hearings. They approved a sign that was 65 feet tall, and 200 square feet. Now that is virtually the same square footage as our sign, and about 20 to 40 feet taller. Right up against the freeway. The only justification that I have been given, in talking to Mr. Ryskamp is that, well, on -site signs bring in revenue to the City because it is in connection with a development. And I just ask is that a fair criteria for differentiating between virtually identical structures, merely because one happens to say on- premise and the other happens to say it is a billboard. I submit that it is not. And I submit that in an issue of fairness here, these applications should be granted. Now, even going to the general standards of a variance, we feel that the standards have adequately been met here. The standards for a variance are where there are special circumstances relating to the size, location, topography of the property. Such strict application of the zoning ordinance deprives the property owner of privileges enjoyed by other property owners of the same type of property. We feel that clearly has been the case here for several reasons. First of all, this is in an M -C zone. Billboards are a permitted use. In this particular parcel of property, the property owner is being deprived of that permitted use because there are overlapping setback requirements. 500 feet back from both freeways there is nothing left in between. This is a right that is enjoyed by other property owners in the same general classification, as Mr. Ryskamp's letter to the City Council admits. That Mr. Koules has indicated there is M -C property that is more than 500 feet from the freeway. So all we are asking for is to enjoy the rights that are granted as a matter of right for this type of property, and relief from the hardship, because this particular parcel is uniquely situated so that there is no location where a billboard can go in. Secondly, as I indicated earlier, billboard - off - premise billboards have been granted on an over - the - counter basis recently, even though they are within 500 feet of a highway. All we are asking for, again, is the same rights enjoyed by other property owners in the same area. The other issue on hardships here, is that this property is - I don't know if any of you have seen the property, but it is virtually an island within two freeways. It is an irregularly shaped parcel of property. It is not readily developable for any other reason. Now I have seen some of the reports from staff, and I respectfully disagree that this can easily be developed for some commercial purpose. I was just out there just before this City Council meeting. Because of the steep soil erosion, you have gorges that are 20 to 25 feet deep. You have a huge drop -off where the railroad comes through and abuts the back of his property. You have got the property, in any event, that is situated at the confluence of two major highways. Interstate 10 and Highway 60. The environmental assessment report issued by the City staff at the Planning Commission level admitted that this is exceptionally noisy property -," and it has got exceptionally bad soil erosion problems. This is property that has limited access from Interstate 10, and virtually no access whatsoever from Highway 60. This property, if it is not completely useless for any other purpose, has been substantially hardshipped because it is not usable readily or easily, as indicated by the fact that nothing has been done on it. All the property owner is asking, and all that we are asking, is to give some reasonable use to this property. We don't feel Page 8 Beaumont City Council April 24, 1989 that billboards, given the current posture of the City with respect to on -site signs and other signs, is any different, and we are only asking for relief from the strict application of what would otherwise be very harsh setback requirements. That concludes my presentation. I appreciate your attention. Mayor Connors: Before we ask questions, or allow a defense, we will let Mr. Rychecky speak. Please give your name and address for the record. Frank Rychecky, owner of parcel of property: I bought it years ago so that I would have, one day, something out of it. I am retired now, and I have social security and $74.29 pension, for working for bank for twenty -five years. So, I think that I am entitled to get chance to get something out of it. And when Adams Advertising approached me a year ago I find out that it was a very good idea because it was very good exposure, and very good expense for this billboard. So, it was my first chance that anybody offered me how to use it. So I was very happy, and it takes over a year, up until now, to hold this problem. I will - I am asking you to give it to Adams Advertising, and approve this application. I think that will be all that I can tell you, and I will thank you very much if you make positive decision. Thank you very much. Mayor Connors: Thank you. Is there anyone else wishing to speak in favor of Item No. 4. Is there anyone else wishing to speak in favor of Item No. 4. Is there anyone wishing to speak in opposition of Item No. 4. Anyone wishing to speak in opposition. Anyone wishing to speak at all. All right, since no one else has come forward, we will close the public hearing. The Public Hearing was closed at 7:35 P.M. Motion by Council Member Waller, second by Council Member Bauer, to continue this agenda item to the regular meeting of May 8, 1989, to allow additional review of exhibits submitted by Attorney Mobley on behalf of the appellant. AYES: Council Member Bauer, McLaughlin, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: None. Removal of Agenda Item No. 13.a from the Agenda. 13.a. Council Member Waller apologized for arriving late, and as a result not having the opportunity to request an adjustment to the agenda at its proper time, however, is requesting at this time to remove Agenda Item No. 13.a from the agenda until a later time. Let the record show Agenda Item No. 13.a was removed from the agenda by consensus of the Council. 5. NEGATIVE DECLARATION 87 -ND -39 - Applicant: Vincent Schiro. Location: 738 Chestnut Avenue. A proposed four unit apartment building on a 10,200 sq.ft. lot. (87- PP -17), and Variance for modification of property development standards to allow a fourth unit on property with a density allowance of 3.75 dwellings (87- V -6) The Public Hearing was opened at 7:37 P.M. There was no one requesting to speak on this agenda item. The Public Hearing was closed at 7:38 P.M. Page 9 Beaumont City Council April 24, 1989 A staff report was presented by Community Development Director, Steve Koules, with recommendation from the Planning Commission for adoption of the Negative Declaration. Questions from Mayor Connors for clarification of the plan for a two story structure were answered, and a comment was made by Council Member Waller regarding his approval of the new plan submitted. Consideration of Adoption of Negative Declaration 87- ND -39. Motion by Council Member Waller, second by Council Member McLaughlin, to adopt Negative Declaration 87- ND -39. AYES: Council Member Bauer, McLaughlin, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: None. 6. NEGATIVE DECLARATION 89 -ND -4 - Applicant: R -G Development /Dick Garcia. Location: West side of Highland Springs Avenue about 300 feet north of 6th Street. A proposed 4,200 sq.ft. full service car wash and a proposed 3,780 sq.ft. auto service center on 0.8 acres. (88 -PP -6, Rev. 13) The Public Hearing was opened at 7:45 P.M. Mr. Dick Garcia, 563 Costa Drive, Banning, representing the applicant, speaking in favor: I am just here to let you know that I am here, and if there are any questions about this I will be glad to try to answer them. I think that the issue has been covered well by your Planning Director, and I am just here to answer any questions that might arise. Thank you. Mayor Connors: Is there anyone else wishing to speak in favor of Item No. 6. Anyone wishing to speak in favor of Item No. 6. Anyone wishing to speak in opposition to Item No. 6. Anyone wishing to speak in opposition. Anyone wishing to speak at all. There is no one who has come forward to speak. We will close the public hearing. The Public Hearing was closed at 7:46 P.M. Steve Koules, Community Development Director, presented his staff report, with a recommendation for approval from the Planning Commission. Council Member Waller asked if the only Planning Commission recommendation was the requirement for the block wall, with Mr. Koules indicating they directed Mr. Garcia and the adjacent property owner to work together to come up with a block wall on the northerly property line of subject property. He also asked for clarification regarding the fire wall. Mayor Connors requested clarification of Condition No. 12 for the major auto repair portion, stating if the City wants to limit it to retail only, with major auto repair specifically prohibited, that the condition seems rather vague since it would be left to individual interpretation of what major auto repair is, and suggested that the condition be amended to be more specific. There was discussion concerning Mayor Connors' comment, with Mr. Garcia answering questions concerning the type of auto repairs which would be performed, and the City Manager recommending a suggested amendment to the condition. Certain other conditions of approval and information in the staff report were clarified at the request of Mayor Connors and Council Member Shaw. Page 10 Beaumont City Council April 24, 1989 It was the consensus of the Council that Condition No. 12 be amended to read as follows: Condition No. 12: Uses such as auto body, major auto repairs, engine repairs, welding, auto paint jobs and any steam cleaning of engine or auto parts not related to the car wash, shall be specifically prohibited on the subject property. Consideration of Adoption of Negative Declaration 89 -ND -4. Motion by Council Member McLaughlin, second by Council Member Bauer, to adopt Negative Declaration 89 -ND -4. AYES: Council Member Bauer, McLaughlin, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: None. 7. NEGATIVE DECLARATION 89 -ND -5 - Applicant: K -C and Associates/ Chu Wann. Location: East side of Xenia Avenue about 200 feet south of 8th Street. The proposed Phase I of 39 dwelling units of a four phase, 160 unit, apartment complex. (88 -PP -1, Am 13). The Public Hearing was opened at 8:07 P.M. Mr. Ramiro R. Cabrera, 1523 E. 8th Street, speaking in favor of the project: 1523 E. 8th Street borders the project on the north side on the following phases to come, but still I am here to speak in favor of the project. I think it is going to be a good project. I have been following this from when it first started. Closely watching how it has developed, and asking questions about how things are going to be set up, and I am very happy with the way things are happening. Mayor Connors: Okay. Thank you. Is there anyone else wishing to speak in favor of Item No. 7. Anyone wishing to speak in favor. Anyone opposed. Anyone wishing to speak opposed to Item No. 7. Anyone wishing to speak at all. No one wishes to speak at all? We will close the public hearing. The Public Hearing was closed at 8:08 P.M. Mr. Koules, Community Development Director, presented the Planning Commission's recommendation for adoption of this negative declaration. Answering a question from Council Member Shaw, the City Manager advised that the applicant is aware there are not sufficient sewer hook -ups at this time for the complete project, only for the first phase. Council Member Waller stated for the record that he appreciated comments from citizens, and in particular Mr. Cabrera taking an interest and attending the Council Meetings as he has done a number of times in the past as well as tonight. He feels these comments are extremely important. There were no other questions or comments from Council Members. Consideration of Adoption of Negative Declaration 89 -ND -5. Motion by Council Member Waller, second by Council member Shaw, to adopt Negative Declaration 89 -ND -5. AYES: Council Member Bauer, McLaughlin, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: None. END PUBLIC HEARINGS at 8:12 P.M. Page 11 M G2 10. 11. Beaumont City Council April 24, 1989 Presentation by Burkett Caudle, Desert Dawn Centers, Inc. Mr. Caudle described the services available through his organization for alcohol and drug recovery, as well as the many other services available, and to make the Council aware that this resource is available to everyone in the area. He also indicated they wanted to make the Council aware that at some point in time they may need assistance, recognition or guidance. The meeting was recessed at 8:20 P.M., reconvening at 8:31 P.M., with Council Member Shaw returning to his seat at 8:34 P.M. Consideration of Approval of Measure "A" Five Year Capital Improvement Program (CIP) for City of Beaumont. The City Manager presented his report, a copy of which is a matter of record in the Clerk's file, and outlined the reasons for selecting the streets recommended. Questions from the Council regarding the funding, and fiscal years involved, were answered by the City Manager. Motion by Council Member McLaughlin, second by Council Member Bauer, to approve the five year Capital Improvement Program (CIP) as presented, and authorize the City Manager to submit the plan to Riverside County Transportation Commission. AYES: Council Member Bauer, McLaughlin, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: None. RESOLUTION NO. 1989 -22 - Authorizing Traffic Control Sign on Cherry Avenue at Beaumont High School. A verbal report was received from the City Manager concerning this request. There was lengthy discussion regarding this request, and the possible alternatives available to the school district rather than a traffic control sign, as well as the problems placing a sign at this location would create. Motion by Council Member Waller, second by Council Member McLaughlin, to deny approval of Resolution No. 1989 -22 at this time, and request further study by the School District with information provided such as congestion of traffic, accidents, and the possible cost to the District of widening the driveway. AYES: Council Member Bauer, McLaughlin, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: None. Report from City Manager Regarding Oak Valley Annexation. The City Manager advised the Council that although the original plan of Landmark, as presented to the Council in January, was to annex their entire project to the City of Beaumont, that in discussions this last week it was indicated that due to pressure from Riverside County officials and community interest groups, the Landmark Land Co. will be annexing 2,276 acres of the Oak Valley project to Beaumont at this time, rather tfla -n the entire project. Mr. Bounds then directed attention to the map of the Oak Valley project, and indicated the boundary line of the acreage proposed to be annexed at this time. He went on to point out this 2,276 acres would include approximately 4,396 dwelling units, and over 11 million square feet of commercial and business park construction. Page 12 Beaumont City Council April 24, 1989 In conclusion, Mr. Bounds stated nothing has been said, on the part of Landmark Land Co., that at a later time additional property cannot be annexed to Beaumont. 2. 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. Consideration of Approval of Minutes of Regular Council Meeting of April 10, 1989. b. Approval of Warrants as Audited per Warrant List of April 249 1989, in the amount of $183,804.55; and Payroll of April 13, 1989, in the amount of $47,945.83. C. RESOLUTION NO. 1989 -21 - Approving Final Tract Map 22332, and Authorizing Recordation Thereof. Applicant: Neal Baker. Location: Pennsylvania and Tenth. d. Authorizing the Mayor to Execute Notice of Completion for the Police Facility at 660 Orange Avenue, and Direct Staff to Record Same. Motion by Council Member McLaughlin, second by Council Member Bauer, to adopt the Consent Calendar. AYES: Council Member Bauer, McLaughlin, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: None. Council Member Waller restated that he requests that Agenda Item No. 13.a be removed from the agenda at this time until a future date when he has more information, with no objections received from the Council. 13. The meeting was recessed to Closed Session, Pursuant to Government Code Section 54957.6 to Meet with Its Designated Representative Regarding Labor Relations Matters, at 9:11 P.M. The meeting was reconvened to regular session at 9:43 P.M. Let the record show no definitive action was taken in closed session. Date set for next regular Council Meeting, Monday, May 8, 1989, 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 Shaw, the meeting was adjourned at 9:44 P.M. Respectfully submitted, tf Page 13 BEAUMONT CITY COUNCIL MINUTES OF MAY 8, 1989 The Beaumont City Council met in a regular meeting at 7:00 P.M., on Monday, May 8, 1989, in the City Council Chambers, with Mayor Connors presiding. On roll call the following Council Members were present: Bauer, McLaughlin, Waller and Mayor Connors. Council Member Shaw was excused. The Invocation was given by Mayor Connors. 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. Council Member Waller requested that Agenda Item No. 13 be held after the study session, with agreement from all Council Members. 3. ORAL COMMUNICATION: Jean Wiener, 513 Maple Avenue, addressed the Council concerning when the alleyway between Orange and Maple was abandoned, since a property owner has fenced off a portion of the alley, and there appears to be some confusion. Even though she has been told it is not an alley, historically it has always been an alley, and if property owners can fence it off, the sewer, water, etc., can no longer utilize it. The City Manager indicated his last contact with Mrs. Weiner was to the effect this item would be placed on the agenda for May 22, as the agenda for May 8 was closed. It is complicated, and the City Engineer and City Attorney will be prepared to submit reports at that time. It was pointed out by Mayor Connors that the Council could not discuss this matter, or take any kind of action, since it is not agendized. Mrs. Weiner's request will be placed on the agenda for May 22, 1989. 4. Recess to Closed Session: a. Pursuant to Government Code Section 54956.9(x) 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 & Company, Inc., vs City of Beaumont, Case No. Riverside Superior Court 192828. J b. Pursuant to Government Code Section 54956.9(b)(1) to confer with its attorney regarding significant exposure to litigation. The meeting was recessed to Closed Session at 7:14 P.M. The meeting was reconvened to regular session at 8 :40 P.M. Page 1 Beaumont City Council May 8, 1989 Let the record show action taken in closed session. a. Pursuant to Government Code Section 54956.9(x) 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 & Company, Inc., vs City of Beaumont, Case No. Riverside Superior Court 192828. The Council has directed its Attorney to enter into a settlement on terms proposed by Leonard & Company at no cost to the City now or in the future. b. Pursuant to Government Code Section 54956.9(b)(1) to confer with its attorney regarding significant exposure to litigation. No action was taken in closed session. At this point, the City Attorney advised the Council that Mr. Mobley, representing Adams Advertising, has requested Item No. 5 be continued to the next Council meeting to allow his client and representatives of the City to again walk the property. 5. APPEAL of Planning Commission Denial of Variance 89 -V -2, requesting reductions in required setbacks for each of four (4) billboard displays on property located on the north side of Highway 60, at its westerly intersection with Interstate 10. Appellant: Adams Advertising, Inc., for itself and on behalf of the property owner, Frank Rychecky. (Continued from April 24, 1989). Gary Mobley, 5 Park Plaza, Irvine, attorney for Adams Advertising, confirmed they are requesting this agenda item be continued to the regular Council Meeting of May 22, 1989. There being no objection, this agenda item was continued to May 22, 1989. 6. Complaint from Sheri Furtado Regarding Placement of Dumpsters at Orchard Park Apartments, Beaumont Avenue and Cougar Way. Mrs. Sheri Furtado addressed the Council, explaining her objection to the Orchard Park Apartments' dumpsters being placed next to her property, basically, the odor and problems with insects and animals attracted to the dumpsters; and relating her conversations with the property owner, the ultimate result of which, at this time, is that nothing will be done to change the placement of the dumpsters, but he will consider planting additional trees or other methods to make them more attractive. She went on to say that if they cannot be moved she would like to see the owner do the additional landscaping, spray the area regularly for insects, have the trash picked two or three times a week, and have something built over them to make them look more like a structure rather than a dumpster. The City Manager explained that the developer of Orchard Park Apartments has plans approved by the Planning Commission establishing the location of the dumpsters, so there is nothing the City can do at this time to require the owner to change the placement. , There was lengthy discussion concerning any possible options available to Mrs. Furtado, with the conclusion there was little the Council could do other than what Mrs. Furtado has already done, except lend their prestige in support of her position. Page 2 Beaumont City Council May 8, 1989 Mrs. Furtado requested to be placed on the agenda again for the next meeting, in order to see what the property owner will agree to do during the next two weeks, with the Council concurring with her request. 7. Report from City Manager Regarding Cost of Restoration and Availability of Parts to Maintain the Antique Street Lights. The City Manager presented his report which is matter of record in the Clerk's file. There was discussion concerning the fact the report covers all 27 lights, and the request from Mr. Zerr was for restoration of the two lights in front of his property, and additional effort should be made to ascertain what the cost would be for just those lights, as well as continue to attempt to locate other companies for prices. It was pointed out that although Mr. Zerr was in the audience earlier, apparently, due to the length of the closed session, he could not stay, and it was felt Mr. Zerr should be present to discuss any suggestions he might have concerning raising the funds for restoration of his lights, or all of the lights. Motion by Council Member Waller, second by Council Member McLaughlin, to continue this item until a date to be determined by the City Manager, during which time the City Manager will be allowed to obtain bids from other companies, as well as obtain a price for the restoration of only three lights, so that the City may be able to present this information to Mr. Zerr at that meeting, with Mr. Zerr being notified of the meeting date when it has been established. AYES: Council Member Bauer, McLaughlin, Waller and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: Council Member Shaw. 8. RESOLUTION NO. 1989 -23 - Intent to Amend Sphere of Influence and Annex and Establishing a Prezone to the Annexation of Approximately 737.1 acres - Annexation 88- ANX -1 -42. (Potrero Creek Estates). A report was received from the City Manager concerning the requirement for this resolution. Motion by Council Member Waller, second by Council Member Bauer, to adopt Resolution No. 1989 -23. AYES: Council Member Bauer, McLaughlin, Waller and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: Council Member Shaw. 9. RESOLUTION NO. 1989 -25 - Intention to Adopt Parcel Merger Ordinance, and Setting Date for Hearing. A report was received from the City Manager regarding the need for this ordinance, and the requirement for a public hearing. Motion by Council Member McLaughlin, second by Council Member Bauer, to adopt Resolution No. 1989 -25. ,01 , AYES: Council Member Bauer, McLaughlin, Waller and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: Council Member Shaw. Page 3 Beaumont City Council May 8, 1989 10. RESOLUTION NO. 1989 -26 - Approving County Solid Waste Management Plan. The City Manager's report was presented, a copy of which is a matter of record in the Clerk's file. Motion by Council Member Bauer, second by Council Member McLaughlin, to adopt Resolution No. 1989 -26. AYES: Council Member Bauer, McLaughlin, Waller and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: Council Member Shaw. 11. Consideration of Sharing Costs with City of Banning for Fireworks (to be hosted by City of Beaumont in 1989). The City Manager advised that the cost of a fireworks program has been shared by the two cities for the past three years, and recommended the Council consider taking an action authorizing the City to share the cost with the City of Banning on a 50/50 basis for all future programs. Motion by Council Member Waller, second by Council Member Bauer, to approve the expenditure of $3,000.00 for the fireworks program in 1989, and agree to split the cost for fireworks in future years on a 50/50 basis. AYES: Council Member Bauer, McLaughlin, Waller and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: Council Member Shaw. 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. Consideration of Approval of Minutes of Regular Council Meeting of April 24, 1989. b. Acceptance of Planning Commission Minutes of Regular Meeting of April 4, 1989. C. Approval of Warrants as Audited per Warrant List of May 8, 1989, in the amount of $81,101.73; and Payroll of April 27, 1989, in the amount of $50,050.97. d. RESOLUTION NO. 1989 -24 - Accepting Offer of Dedication of Right -of -Way Along California Avenue, and Ordering Recordation Thereof with the County Recorder. (Cosner 87- PP -3). e. Authorizing City Manager to Call for Bids for Portable Air Compressor. f. Receive Report of City Population as of January 1, 1989 of 9156. g. Approval of Carryover of Unused Vacation by Caty Manager. h. Report of Action at Regular Planning Commission Meeting of May 2, 1989. Motion by Council Member McLaughlin, second by Council Member Bauer, to adopt the Consent Calendar. Page 4 Beaumont City Council May 8, 1989 AYES: Council Member Bauer, McLaughlin, Waller and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: Council Member Shaw. Meeting Adjourned to Study Session at 9:24 P.M. to Receive Proposals from City Manager and City Attorney Relative to Formation of an Economic Development Commission. Let the record show direction was given to place the Economic Development Commission item on the June 12 agenda for discussion only, with no action to be taken. The meeting was reconvened to regular session at 9:42 P.M., with a five minute recess at 9:43 P.M., reconvening at 9 :49 P.M. 13. Recess to Closed Session Pursuant to Government Code Section 54957 to Consider Personnel Matters. The meeting was recessed to closed session at 9:50 P.M., reconvening to regular session at 10:26 P.M. Let the record show no definitive action was taken in closed session. Date set for next regular Council Meeting, Monday, May 22, 1989, at 7:00 P.M., in the City Council Chambers. There being no further business to come before the Council, the meeting was adjourned at 10:27 P.M. Respectfully submitted, Robert J. Bounds, City Clerk Page 5 BEAUMONT CITY COUNCIL MINUTES OF r. May 22, 1989 The Beaumont City Council met in a regular meeting at 7:00 P.M., on Monday, May 22, 1989, in the City Council Chambers, with Mayor Connors presiding. On roll call the following Council Members were present: Bauer, McLaughlin and Mayor Connors. Council Members Shaw and Waller were excused. The Invocation was given by Council Member Bauer. The Pledge of Allegiance was led by Council Member McLaughlin. 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 Attorney presented a letter from Attorney Mobley, who represents Adams Advertising, requesting Agenda Item No. 6 be continued to the next regular meeting. As a result of this request, he is recommending Agenda Items No. 5 and 6 be continued to the regular meeting of June 12, 1989. There being no objection from the Council, Agenda Items No. 5 and 6 were continued to June 12, 1989. 3. ORAL COMMUNICATION: There was no one requesting to speak during oral communication. PUBLIC HEARING - 7:00 P.M. 4. VESTING TENTATIVE TRACT MAP 23570. (89- TM -2). Applicant: Kenneth Cokeley. Location: W /Side of Elm Avenue, between 10th and 11th Streets. A proposed 24 lot single family subdivision. VARIANCE 89 -V -3. To allow a reduction of the required 100 ft. depth to 95.4 ft. on Lot 6 of this project. Location: Southwest corner of Tentative Tract Map 23570. NEGATIVE DECLARATION 89 -ND -6. Finding that the project will not have a significant effect on the environment as all impacts have been mitigated in the final conditions of approval. The Public Hearing was opened at 7:05 P.M. Mr. Jim Unland, James W. Unland & Associates, 41640 Florida Avenue, representing the applicant: Steve didn't give a staff report in this matter so I don't know how much or how little detail you want to get into. It is a 24 lot tract. We had some discussion at the Planning Commission. Some things were requested of us to revise the plot plan of the houses on the lots, which we did. We have received the staff report. I think Mr. Koules is going to suggest an additional condition of approval tonight relative to a letter from the Rec and Park District, which we have no objection to. Rather than go on and make a presentation, if you have any questions of a technical nature, or any questions in general that I might be able to answer, I am here for that purpose. Page 1 Mayor Connors: All right. should . . . 6- aumont City Council May 22, 1989 Mr. Koules, is there anything we Mr. Koules: Other than to say that the proposed tentative map does meet the General Plan and Zoning requirements. This is the fir,gt,.vesting map that we have had. The subdivision ordinance does `allow a subdivider to ask for the vesting of a map. The City does not have a vesting ordinance, however, Mr. Cokeley and Mr. Unland agreed to added conditions normally placed on vesting maps, and that is the footprint of the building, the elevation of the building, landscaping, location of fencing and the like, so the approval would be a three page approval, nailing down the project not only for the applicant, but for the City in terms of the size of the structures, and their location. The condition that Mr. Unland refers to is, if you would, add a condition to the Conditions of Approval, to be as follows: "Applicants shall agree to pay park fees established by the City of Beaumont after negotiations are completed between the City of Beaumont and the Beaumont - Cherry Valley Parks and Recreation District. Said fee shall be paid prior to occupancy ". A letter has been distributed to your Council received from the Beaumont - Cherry Valley Rec and Park District, on May 17, where they opposed the issuance of a negative declaration. My personal feeling is that the objections are generalized, and that they speak to the children that would be gravitated out of the project, and their need for recreational activities, but I feel the placement of an additional condition would allow the collection of park fees, and that should mitigate their concerns. That basically is all I have unless your Council wishes any more information. Mayor Connors: Are there any questions from the Council Members of Mr. Koules, or from Mr. Unland. Do you want to make a presentation. Mr. Unland: No, not necessarily. Mayor Connors: Are there any questions. No. Thank you. Is there anyone else wishing to speak in favor of Item No. 4. Anyone wishing to speak in favor. Is there anyone opposed to Item No. 4. Come forward and give your name and address for the record. Brien Ross, General Manager, Beaumont - Cherry Valley Recreation and Parks District: I think it is not in terms of the project itself. I noticed in going through, and in talking with Mr. Koules, that the condition that we had generally had on this type of development had inadvertently been left off, and I had not been aware of it. And so we think that that is a condition that had been agreed upon by the City and the Park District, and we would encourage it to add this as you have in the past on others, and that certainly would alleviate any objection we have insofar as this particular project. Mayor Connors: Okay. Thank you. Is there anyone else wishing to speak in opposition to Item No. 4. Is there anyone wishing to speak at all. Anyone wishing to speak at all. Okay, the public hearing will be closed. The public hearing was closed at 7:11 P.M. a. Consideration of Adoption of Negative Declaration 89 -ND -6. Motion by Council Member Bauer, second by Council Member McLaughlin, to adopt Negative Declaration 89 -ND -6. Page 2 caumont City Council May 22, 1989 AYES: Council Member Bauer, McLaughlin and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: Council Member Shaw and Waller. b. Consideration of Approval of Variance 89 -V -3. Motion by Council Member McLaughlin, second by Council Member Bauer, to approve Variance 89 -V -3. AYES: Council Member Bauer, McLaughlin and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: Council Member Shaw and Waller. C. Consideration of Approval of "Vesting" Tentative Tract Map 23570. Motion by Council Member Bauer, second by Council Member McLaughlin, to approve Vesting Tentative Tract Map 23570, with additional condition added to read as follows: "Applicants shall agree to pay park fees established by the City of Beaumont after negotiations are completed between the City of Beaumont and the Beaumont - Cherry Valley Parks and Recreation District. Said fee shall be paid prior to occupancy ". AYES: Council Member Bauer, McLaughlin and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: Council Member Shaw and Waller. END PUBLIC HEARINGS 5. Recess to Closed Session Pursuant to Government Code Section 54956.9(b)(1) to confer with its attorney regarding significant exposure to litigation. This agenda item was continued to the regular meeting of June 12, 1989. 6. APPEAL of Planning Commission Denial of Variance 89 -V -2, requesting reductions in required setbacks for each of four (4) billboard displays on property located on the north side of Highway 60, at its westerly intersection with Interstate 10. Appellant: Adams Advertising, Inc., for itself and on behalf of the property owner, Frank Rychecky. (Continued from May 8, 1989). This agenda item was continued to the regular meeting of June 12, 1989. 7. Complaint from Sheri Furtado Regarding Placement of Dumpsters at Orchard Park Apartments, Beaumont Avenue and Cougar Way. Mrs. Furtado was not present to address the Council. There was no discussion or action taken. A fifteen minute recess was called by Mayor Connors at 7:16, to enable the Council to review the material presented to them by the City Attorney relating to Agenda Item No. 8, with the meeting reconvening at 7:29 P.M. 8. Request from Jean Wiener for Clarification /Determination Regarding Alley between Orange and Maple Avenue, and 5th and 6th Streets. Mrs. Jean Wiener addressed the Council, presenting documentation and information concerning the utilization of the alley between Orange and Maple Avenue as an alley from at least 1940, and presenting pictures she had taken of the alley since it has been Page 3 . aumont City Council May 22, 1989 fenced off at one end by an adjoining property owner. Her basic request of the Council is to require the property owner to remove the fence, and take whatever action is necessary to re- establish the alleyway as an alley, otherwise, if their detp,r!pination is that it is not an alley, she will also fence off the portion behind her property to reduce any possibility of liability created by anyone being on the property. The City Attorney reviewed the options available to the Council, specifically, filing a lawsuit for a quiet title action and declaratory relief action, or pursuing a common law dedication of all alleys and streets involved in the reversion to acreage by the 1893 document, and in his opinion the City has a very strong case for all of the concepts of common law dedication. Lengthy discussion followed with input from both the City Attorney and the City Manager in answering questions asked by members of the City Council. The City Council requested that a copy of the map submitted by the City Engineer, fully colored in, be given to them as soon as possible for their further review. Direction was given to the City Manager to contact the property owner regarding removal of the fence, to ascertain whether or not he would consider removing it voluntarily, with a report back to the Council at the June 12, 1989 meeting, if he is unsuccessful in getting the fence removed. Additional direction was given to the City Manager to survey the City alleys and streets involved in the reversion of acreage to make a determination which should be included in the common law dedication action, with a progress report and /or recommendation from the City Manager and City Attorney placed on the Council agenda for July 10, 1989. 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 8, 1989. b. Approval of Warrants as Audited per Warrant List of May 22, 1989, in the amount of $258,930.28; Special Payroll of May 8, 1989, in the amount of $425.63; and Payroll of May 11, 1989, in the amount of $49,669.95. C. RESOLUTION NO. 1989 -27 - Accepting Offer of Dedication to Provide Corner Cut -Back for Future Curb Return Construction and Authorizing Agreement for Future'Construction of Public and Private Improvements. (Dura Tool, Inc. - 1st Street). d. RESOLUTION NO. 1989 -28 - Accepting Offer of Dedication to Provide Corner Cut -Back for Future Curb Return Construction. (Dura Tool, Inc. - 3rd Street). Motion by Council Member McLaughlin, second by Council Member Bauer, to adopt the Consent Calendar. AYES: Council Member Bauer, McLaughlin and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: Council Member Shaw and Waller. Page 4 aumont City Council May 22, 1989 10. 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 8:28 P.M. The meeting was reconvened to regular session at 9:20 P.M. Let the record show instructions were given to the designated representative regarding labor negotiations during closed session. Date Set for Next Regular Council Meeting, Monday, June 12, 1989, 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 McLaughlin, second by Council Member Bauer, the meeting was adjourned at 9 :21 P.M. Respectfully submitted, City Clerk Page 5 BEAUMONT CITY COUNCIL MINUTES OF r,, JUNE 129 1989 The Beaumont City Council met in a regular meeting at 7:00 P.M., on Monday, June 12, 1989, in the City Council Chambers, with Mayor Connors presiding. On roll call the following Council Members were present: Bauer, McLaughlin, Shaw, Waller and Mayor Connors. The Invocation was given by Council Member McLaughlin. The Pledge of Allegiance 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. Council Member Waller requested that Agenda Item No. 13.c, Approval of Warrants and Payroll, be removed from the Consent Calendar and considered as Item No. 14. The City Manager advised that the Community Development Director has requested that Item No. 4, the adoption of an ordinance regarding the merger of contiguous parcels of land, be continued to the next meeting. He recommended the public hearing be opened, to allow anyone who was here tonight for this item to address the Council, in the event they cannot come back, and then continue the public hearing to June 26, 1989. There were no objections from the Council concerning these adjustments to the agenda. 3. ORAL COMMUNICATION: There was no one requesting to speak during oral communication. 4. PUBLIC HEARING - 7:00 P.M. - Consideration of Adoption of an Ordinance to provide for the merger of contiguous parcels of land. The Public Hearing was opened at 7:08 P.M. There was no one requesting to speak. The Public Hearing was continued to 7:00 P.M. on June 26, 1989, at 7:09 P.M. END PUBLIC HEARINGS 5. Recess to Closed Session Pursuant to Government Code Section 54956.9(b)(1) to confer with its attorney regarding significant exposure to litigation. The meeting was recessed to Closed Session at 7:09.5 P.M. The meeting was reconvened to Regular Session at 7:47 P.M. Let the record show that City Attorney Ryskamp reviewed the matter with the Council, and received instructions from the Council. Page 1 Beaumont City Council June 12, 1989 6. APPEAL of Planning Commission Denial of Variance 89 -V -2, requesting reductions in required setbacks for each of four (4) billboard displays on property located on the north side of Highway 60, at its westerly intersection with Interstate 10. Appellant: Adams Advertising, Inc., for itself and on beha21- of the property owner, Frank Rychecky. (Continued from May 22, 1989). a. Consideration of Granting or Denying the Appeal. There was no discussion from the Council regarding this agenda item, with one comment from Council Member Bauer to the effect that he had not seen any alternatives that he would feel comfortable with if it were pursued. Motion by Council Member McLaughlin, second by Council Member Waller, to deny the appeal based on the following findings: 1. The requested variances are not reasonable since they would grant the subject property the privileges not enjoyed by other properties in the vicinity, and in the same zone classification. 2. The requested variance for four billboards on this one ownership, and their placement one foot from the property lines, are excessive and unwarranted. 3. Alternatives were considered by the Council and no reasonable alternative for a variance was identified. AYES: Council Member Bauer, McLaughlin, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 7. a. Report on Portable Air Compressor Bids. The City Manager reported that two bids were received for a portable air compressor. The first from Sullair Corporation, in the amount of $15,182.38. The second from Ingersoll Rand, $15,297.92. He advised further that both bids were over the amount which had been budgeted ($14,000.00). In order to award the bid to the lowest bidder it would be necessary to authorize an additional $1,182.38 to be expended for the equipment that is needed. His recommendation for award of the bid would be to 1) agree to award to the lowest bidder, Sullair Corporation, and 2) authorize an additional $1,182.38 to be used for the purchase of this compressor, to be taken from the Sewer Department Capital Improvement Fund, which has the funds available due to savings on other equipment, and would not put the fund over budget. At the conclusion of his report, the City Manager answered several questions from the City Council. b. Consider Awarding Bid to the Lowest Responsible Bidder. Motion by Council Member Bauer, second by Council Member Shaw, to purchase the portable air compressor from the lowest bidder, Sullair Corporation, and authorizing an additional $1,182.38 to be used for. the purchase of the air compressor, to be taken from Sewer Department Capital Improvement Fund, to make up the difference between the budgeted allowance and the cost of the compressor. AYES: Council Member Bauer, McLaughlin, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. Page 2 Beaumont City Council June 12, 1989 8. Report from City Manager Relative to Fence Belonging to Jack Bowie Installed in Alley Between 5th and 6th /Orange and Maple. The City Manager reported that Mr. Bowie has indicated he would not Pleyrove the fence unless he is legally required to do so, as his vandalism has stopped since the fence has been erected. Lengthy discussion followed concerning the legal procedure to follow in resolving the matter of this fence, as well as the situation concerning all the alleys and streets involved in the action by the Board of Supervisors in the 1800s, reverting them to acreage, with input from both the City Attorney and the City Manager. Motion by Council Member Waller to have the necessary legal terms proposed to the Council by the next Council Meeting so that it can be voted upon prior to the remaining decisions on the balance of the alleys. MOTION WITHDRAWN. Motion by Council Member Waller, second by Mayor Connors, that the City Attorney be instructed to prepare whatever vehicle is necessary so that the fence may be taken down as soon as possible. AYES: Council Member Waller and Mayor Connors. NOES: Council Member Bauer, McLaughlin and Shaw. ABSTAIN: None. ABSENT: None. MOTION FAILED. Motion by Council Member Waller to direct the City Attorney to prepare whatever action that is necessary so that the removal of the fence can be brought about prior to the next meeting. MOTION WITHDRAWN. Discussion continued concerning the appropriate action to be taken to resolve this matter. Motion by Council Member Shaw, second by Council Member McLaughlin, to hold this matter in abeyance until the Council receives more definitive information regarding what our legal rights are and how it should be pursued, with this information to be received on July 10, 1989 in a form that action may be taken by the Council. AYES: Council Member Bauer, McLaughlin and Shaw. NOES: Council Member Waller and Mayor Connors. ABSTAIN: None. ABSENT: None. 9. Discussion and Consideration of Annual Ball. Mayor Connors presented her report relative to the proposed annual ball, and asked for comments from the Council. Council Member Bauer requested verification from the City Attorney concerning a possible conflict on the part of himself and Council Member McLaughlin, since they are both members of the Kiwanis, with the City Attorney advising since there would be no personal gain on their part, they could take part in the discussion and vote on this item. The proposed agreement with the Kiwanis was discussed with a number of wording changes recommended by Council Members. Page 3 3eaumont City Council June 12, 1989 Staff was directed to bring the agreement back to the June 26 meeting with all changes as discussed. 10. Approval of Agreement for Emergency Services, between City of Beaumont and the County of Riverside; and Authorization for Mayor to Ec ute Same. The City Manager presented his report, a copy of which is a matter of record in the Clerk's file. Motion by Council Member Shaw, second by Council Member Bauer to approve the agreement for emergency services between the County of Riverside and the City of Beaumont, and authorize the Mayor to execute same. AYES: Council Member Bauer, McLaughlin, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 11. Discussion of Riding Trail Proposal and Concept Approval. Community Development Director, Stephen Koules, presented his proposal for a riding trail system within the City limits. Barbara Voight, 38537 Orchard Street, Cherry Valley, addressed the Council, speaking in favor of the proposal, stating that she thought it was a fantastic idea and she certainly would love to see it happen. All Council Members made comments to the effect this was an excellent idea and they were in favor of the concept. Motion by Council Member Waller, second by Council member Shaw, to approve the concept of the riding trail proposed by the Community Development Director. AYES: Council Member Bauer, McLaughlin, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 12. Discussion Only Regarding Formation of Economic Development Commission. No Action will be Taken. The question of the formation of an Economic Development Commission was discussed by the Council, with direction given to the City Manager to contact the Chamber of Commerce and request that a representative from the Chamber be present at the meeting of June 26 to give information to the Council concerning the actions of their Economic Development Action Group. 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 Council Meeting of May 22, 1989. b. Acceptance of Minutes of Regular Planning Commission Meeting of May 2, 1989. d. RESOLUTION NO. 1989 -29 - Approving Final Parcel Map 24261, and Authorizing Recordation of Same. Applicant: Clifford Apartments. Location: 8th and Pennsylvania. Page 4 ;eaumont City Council June 12, 1989 e. Approval of Agreement to Provide Landscape Architectural Services for Proposed Sewage Treatment Facility; and Authorization for Mayor to Execute Same. f. Report of Action by Planning Commission at Meeting of June 6, 1989 ,-• . Motion by Council Member McLaughlin, second by Council Member Shaw, to approve the Consent Calendar, with the exception of Item No. C, which will be heard separately as Item No. 14. AYES: Council Member Bauer, McLaughlin, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 14. Approval of Warrants as Audited per Warrant List of June 12, 1989, in the amount of $128,659.53; Special Payroll of May 19, 1989, in the amount of $755.71; and Payroll of May 25, 1989, in the amount of $50,796.72. At the request of Council Member Waller, this discussion is being transcribed verbatim. As soon as that verbatim transcript has been completed, copies will be submitted to each Council Member. Motion by Council Member McLaughlin, second by Council Member Shaw, to approve the Warrant List, including Warrant No. 10520, and set a policy at a later date regarding authorization for City reimbursed trips. AYES: Council Member Bauer, McLaughlin, Shaw and Waller. NOES: Mayor Connors. ABSTAIN: None. ABSENT: None. Date set for Next Regular Council Meeting, Monday, June 26, 1989, 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 10:08 P.M. Respectfully submitted, 4-Robert J. Bounds, City Clerk Page 5 s The Beaumont City Monday, June 26, Connors presiding. On roll call the McLaughlin, Waller excused. BEAUMONT CITY COUNCIL MINUTES OF JUNE 26, 1989 * *AS CORRECTED JULY 10, 1989 Council met in a regular meeting at 7:00 P.M., on 1989, in the City Council Chambers, with Mayor following Council Members were present: Bauer, and Mayor Connors. Council Member Shaw was The Invocation was given by Council Member Waller. 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 Waller requested that Agenda Item No. 5 be continued to the regular meeting of July 10, 1989. There being no objection, Agenda Item No. 5, Consideration of Adoption of an Ordinance to provide for the merger of contiguous parcels of land, was continued to July 10, 1989. 3. RESOLUTION NO. 1989 -30 - In Recognition of Meritorius Service by Sergeant Mitchell White Above and Beyond the Call of Duty. RESOLUTION NO. 1989 -31 - In Recognition of Meritorius Service by Officer Leonard Howlett Above and Beyond the Call of Duty. RESOLUTION NO. 1989 -32 - In Recognition of Meritorius Service by Reserve Officer George Connors Above and Beyond the Call of Duty. RESOLUTION NO. 1989 -33 - Commending Fire Personnel from Beaumont City Station No. 66. Resolutions No. 1989 -30 and 1989 -33 were read in their entirety by the Deputy City Clerk. Resolutions No. 1989 -31 and 1989 -32 were not read as the content was exactly the same as Resolution No. 1989 -30. Motion by Council Member Waller, second by Council Member McLaughlin, to adopt Resolutions No. 1989 -30, 1989 -31, 1989- 32 and 1989 -33. AYES: Council Member Bauer, McLaughlin, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw. The resolutions were presented individually to Sergeant White, ** Officer Howlett and Reserve Officer Connors * *(correction of minutes on July 10, 1989, as follows:) "and to Captain Jim Cook, representing fire personnel of Beaumont City Station No. 6611, by Mayor Connors. 4. ORAL COMMUNICATION: Anyone wishing to address the Council under oral communication, or on any agenda item, should fill out a Request to Speak Form and give it to the Deputy City Clerk at the beginning of the meeting. The forms are available on the railing at the front of the Council Chambers. There were no requests to speak during oral communication. Beaumont City Council June 26, 1989 PUBLIC HEARINGS: 5. Consideration of Adoption of an Ordinance to provide for the merger of contiguous parcels of land. (Continued from June 12, 1989). This agenda item was continued to July 10, 1989 at the request of Council Member Waller under adjustments to agenda. 6. Application by Stat Ambulance to Operate an Ambulance Service in the City of Beaumont. The Public Hearing was opened at 7:12 P.M. Mr. P. Norman Osborne, Jr., 837 Orange, Redlands, representing Life Care Medical Transportation, addressed the Council in opposition to the application: Honorable Mayor, City Council, it is a pleasure to meet with you this evening, and I would like to invite you and your staff to investigate several of the statements that are going to be made this evening, and several of the ideas that you are going to hear. First of all I would like for you to listen and investigate with your own staff. You have a very professional staff. We deal with them daily, and as you have just seen here this evening, by the commendations, they are excellent. I would like for you to investigate any of the thoughts and sayings that you are going to hear this evening with them. Secondly, I would like for you to listen to the position of the County Health Emergency Medical Services program, and the Health Officer, Dr. Gallagher. Thirdly, I would like for you to investigate any allegations regarding Life Care that are going to be brought to you this evening by Stat Ambulance. I would like for you, also, to examine the economics involved in providing emergency medical services for your City, and for the surrounding area. We have been servicing the area for approximately ten years, just short of ten years, and we are very, very dedicated to the area, and to this service. We are providing two units to the area of Riverside County and the City of Banning and Beaumont, which is a paramedic type of service, which, in essence, is one of the highest levels of medical transportation that can be obtained. That is all I have for you this evening. Thank you very much. If any of you have any questions. Mayor Connors: Does anyone have any questions. Mr. Waller. Council Member Waller: You said the County Health. The comments made by County Health. What is that person's name. Mr. Osborne: Well, that is Dr. Gallagher. The County Health Officer is one of the only agencies that can authorize permitting of an Advanced Life Support, or paramedic, unit. Mayor Connors: Do you feel that granting the application by Stat Ambulance would create some sort of a hardship. Mr. Osborne: I feel there is not a need or necessity, based on our response times of the previous five to six months, and even prior to that. The County has an ordinance that states that we must respond and arrive - from the time of call to the time we arrive on scene, within ten minutes. We must do this 90 percent of the time. For the time January through May, it was in the Page 2 Beaumont City Council June 26, 1989 vicinity of 95% I have the exact figures in my case if you would like to see them. We have responded, and arrived, at that 95% response time level. Mayoro'Connors: Mr. Bauer. Council Member Bauer: Has your ambulance service always operated under the Life Care name. Mr. Osborne: Life Care is owned by Howard Ambulance, Inc., which is a corporation. Life Care is doing business as Howard Ambulance. Council Member McLaughlin: What would happen in the sense that we have two, and you dial 911, and, of course, it is dispatched out. How is that - is there going to be a conflict in the sense as who goes, or you both go, who arrives first. Will there be such as that happen. Mr. Osborne: I am not really sure on the logistics of how it would be worked out as of yet. However, any of those things are possible. That is why I invite you to investigate the economics regarding ALS service. The ALS service is a very expensive proposition. The cost of doing this type of business is roughly $400,000 a year. We look to the whole County zone, or the whole County area, to help us provide that type of dollars and cents to support it. The area - we have two ALS units providing the service, however, we have a backup service also, that in the event additional service needed, we can call on that mutual aid from our area just north. Mayor Connors: Is there anything else. Okay, thank you. Mr. Osborne: Thank you. Mayor Connors: Is there anyone else wishing to speak either for or against Item No. 6. Anyone wishing to speak. Are you Mr. Otis. Then we will go to Mr. Otis. Drexel Otis, 1560 Pacific Avenue, Norco, owner of Stat Ambulance, speaking in favor of the application: I have a problem to start out with in that Mr. P. Norman Osborne introduced himself as the owner of a company that he referred to as Life Care Ambulance. I had a May Day call today to the Secretary of State of California, and they tell me that Life Care Ambulance Service, Inc. is a corporation owned and controlled by Dr. Bruce Telvar, of Laguna Hills, California. I cannot understand why Mr. Osborne claims that he represents that corporation unless there is, or has been a deal made that he is selling out to an Orange County Corporation. He states that you need to investigate very thoroughly the financial impact that Stat Ambulance, in requesting this license, would have upon his operation. I would like to submit to you that the financial impact should not be the consideration. The need and necessity for adequate ambulance service for your citizens should be the overriding consideration of this Council. It should not be predicated upon whether we can provide what Mr. Osborne feels is the proper need and necessity. It seems that need and necessity is a totally undefined term that is used to mean whatever the person using it-wants it to mean. Generally that you are stepping on my toes. I do not believe that is in the best interest of your City. Mr. Osborne was telling you that you should contact the Riverside County Health Department. The Riverside County Health Department, in drafting an Emergency Medical Services Transportation Plan, have specifically set up 26 areas. At the current time, this is a part of Area 3 of the County plan. The 26 areas are set up to Page 3 Beaumont City Council June 26, 1989 allow each incorporated City to make their own choice as to the ambulance service that will be provided. Nothing that the City of Beaumont does will effect the remainder of the County, or will be stepping on the County's toes in any way. Mr. Osborne also made reference to the fact that his response times are good. From January through May I cannot refute that. However, I do have figures provided to me by the Riverside County Department of Health showing response times in this area for Life Care Ambulance Service. January of 1988, and February of 19889 they submitted no records to the County. In March of 1988, their responses in ten minutes or less, constituted 58% of their responses. In April and May, again the County reports there were no records submitted. In June through November of 1988 their highest ratio of response in the ten minute limit was 77% In that period they also dropped as low as 68 %. We feel that a second ambulance service in and around the City of Beaumont and Banning would be a definite advantage to the citizens to provide ambulance service. We have had correspondence with the American Ambulance Association and the California Ambulance Association. We have letters from David Nevenz, who is the Assistant Executive Director for both associations. The American Ambulance Association and the California Ambulance Association suggest that as a base rule any area have as their basic planning point, one ambulance for every 10,000 in population. This should be increased if there is an elderly population, and, quite obviously, can be decreased if there is a very young population. In this vicinity I think we would find there is a need for more ambulances rather than less. And I think the entry of Stat Ambulance into this community will provide a valuable service to the citizens. I thank you. Mayor Connors: Thank you. Does anyone wish to ask any questions of Mr. Otis. Mr. Waller. Council Member Waller: I know that the company is based in Norco. And I have been looking - will there be a place within the area in which you would be housed. Mr. Otis: Yes sir. We have, I believe, four locations under active consideration at the moment. Council Member Waller: Right now there is none. Mr. Otis: At this moment, there is not. Council Member Waller: And then, from the Norco area, of course, you cannot guarantee the ten minute time. So, therefore, you would have to have a place nearby. Mr. Otis: Yes, we do intend to have a place. My intent is to have one in Banning and one in Beaumont. I don't believe the area can be properly served by having only one location. I believe it will take two to provide adequate response time coverage. Council Member Waller: That is all I have. Mayor Connors: Mr. Bauer. Mr. McLaughlin. Council Member McLaughlin: He answered what I was going to ask. Mayor Connors: Thank you. Is there anyone else wishing to speak either for or against on Item No. 6. Yes. Unidentified speaker: I am not recognized. I haven't filled out a Request to Speak. . . Page 4 Beaumont City Council June 26, 1989 Mayor Connors: This being a public hearing, you may approach the microphone. Give your name and address for the record. Kenneth Michael Dale, 15860 Cusoda, Apple Valley, addressed the Cound V in favor of the application: Honorable members of the Council, I come before you tonight to speak to you not as a resident of Beaumont or Banning, or even Riverside County for that matter. I speak to you tonight as a paramedic. I have been actively involved in emergency medical service for approximately nine and a half years, functioning in every level of care from EMT through the intermediate level, to the level of paramedic. I have actively worked in an area where my paramedic ambulance was the sole life support vehicle. We did indeed respond with fire agencies, and as we have already agreed this evening, we can't do it without the fire agencies. They are such an asset, but there are only so many things they can do. At the advanced life support level everyone gets a chance. A little bit better chance than the basic life support or even an EMT ambulance can do. No one is here tonight, especially the representatives of Stat Ambulance, no one is here this evening to say that we don't want the initial provider to be authorized to provide service. We are here only to ask that a competitive edge - any competitive be given - but not to Stat, and not to Life Care, but to you, the citizens of the City of Beaumont. As I look at the clock I see that we have been standing for eighteen minutes, or thereabouts, discussing the aspect of providing care to the sick and injured. I know that the American Heart Association guidelines for the most rudimentary skills for life support, basic cardiac life support, basic CPR. The American Heart Association says that a person has four to six minutes, at the outside, after the heart stops pumping blood to the brain before irreversible brain damage occurs. We have spent three times that amount of time right now just discussing numbers. If anything else, I can tell you that working as the sole paramedic on an ambulance is a very, very, very hectic job. Not only control the scene with the patient, but you have to work with your co- workers such as the fire department, the law enforcement, we must work together. In an area where you have additional advanced life support, such as in the Redlands area, such as in the Yucaipa area, there really is no problem. They don't seem to have any problem with having an excess of paramedics, if you can call it an excess. But I do know that the camaraderie that exists amongst people that are in this line of work, I have never ever turned down an opportunity for help from another person capable of giving that help. Just like the individual that we spoke about after the resolutions in the incident of the fire. They certainly didn't care that the officer that was helping was a reserve officer. They certainly didn't care about the fact that he was not a fireman, or indeed that he carried a gun and was a police officer. And they certainly didn't care that the gentleman that provided the care in the ambulance wore a patch that said Life Care or Howard or ABC Ambulance. It is just that everyone has to chip in, and everyone has to do the best job they can, because there is not a single person in this room that can tell me that you know who is next, and who is going to need the help next. And I think that Stat Ambulance has concerned help, not to get rich, but to help the people of the community. And I thank you all very much for taking the time to hear me. Mayor Connors: Thank you. We will start with Mr. Bauer, do you have any comments or questions. Council Member Bauer: No, I have no more questions. I think that this gentleman made a very good presentation. Page 5 Beaumont City Council June 26, 1989 Mayor Connors: Mr. McLaughlin. Council Member McLaughlin: I think the only comment I could make at this time, I am glad to hear that whether he is with Stat or with "tfiis other ambulance service, if he were there, he would chip in and do his very best to help us. And that I was very glad to hear, and I think that should be one of our foremost thoughts is cooperation between each other, because I know this is going to happen in an area of this size, or any other area I am sure it happens, so I am glad to hear him say that. Mayor Connors: Mr. Waller. Council Member Waller: No, I have questions of staff, but not now. Mayor Connors: Okay. Thank you. I was struck by your statement that we can't have an excess of ambulance services, or safety personnel. I think that is probably very true. We are very aware of that at the moment. Thank you. Is there anyone else wishing to speak for or against. Yes sir. Please state your name and address for the record. Patrick Crocker, 27686 - 19th Court, Highland, Operations Director for Life Care: Honorable Mayor, Members of the Council, ladies and gentleman, I think there is one question that has not been answered. We have talked a lot about ALCS or Advanced Cardiac Life Support. I was very moved by his statement. I too have been involved in EMS for many years, approximately 30 years. I am retired from the Los Angeles City Fire Department. I share his feelings about cooperation. Yet I don't understand how the company, at this point, can produce any more ALS service because of the fact that the company he is representing is not a licensed ALS provider at this time. That would be one of my major questions. Council Member Waller: I am sorry, what was that. Mr. Crocker: They are not a licensed ALS provider at this time by the County of Riverside. I think that is one of the questions that you should take into consideration. Thus far they would only be servicing you with a BLS unit. I think another question - yes, we have talked about economics - we have talked about many different things. Caring for the public. We are all in public service, Council people, members of every department of the City, all of us are here because we care about our citizens. I have dedicated thirty years to that. But I also have to think a little realistically. 1 have served as an advisor to other counties and such, and, again, economics play a large role. We all know this. In anything that we do, whether it be fire protection, and /or police protection. And it is no different in the EMS. I have nothing further, and I thank you very, very much for your time, and if I can be of any help, please feel free. Mayor Connors: Is there any comment or question. Mr. McLaughlin. Council Member McLaughlin: No, I would like to - maybe he could explain the difference in the two things that he said the other didn't have. Mr. Crocker: All right. Basic Life Support is primary EMT - 1 level. They are trained - I guess the easiest way to explain it would be advanced level first aid. Just basic care. Stopping of bleeding. There is no advanced life support, there is no use of drugs or any such apparatus. Advanced Life Support is a full service whereas the members of the team, the LS team, have capability, after contacting a base station hospital, to obtain Page 6 Beaumont City Council June 26, 1989 orders for the treatment of a patient with the use of cardiac drugs and fluids. They also have the ability to institute intertracle innovation, which is how we lose most of our patients, because of non - functional airways. Mayor Connors: Is that all you wish. Mr. Bauer. Council Member Bauer: I have no questions for you. Mayor Connors: Mr. Waller. Council Member Waller: Yes. I don't really think we want this to get into a shouting match, or anything like that, but would you like to address the claims of the Stat Ambulance to not submitting reports. Mr. Crocker: I just recently went to work for Life Care, so I cannot answer any of that. That falls under my jurisdiction now, reports are going in on time, and will continue to go in on time, and . . . Mayor Connors: Well, the agenda item isn't a matter of deciding between them, and I think we really need to stick to the issue of in favor or in opposition of Item No. 6. Council Member Waller: Yes. Mayor Connors: Is there anyone else wishing to speak for or against Item No. 6. You will have to approach the microphone. I am sorry. I know how you feel about that. Mr. Otis: I would like to clarify the one statement that we are not licensed as ALS providers by the County. That is, in fact, correct. However, if we are permitted by the City of Beaumont to provide ALS service, the County has assured us they will conduct the necessary inspections, assign the base station hospital that is necessary. We currently have all ALS equipment in hand, ready to provide that service. I also have the paramedics employed at this time to provide that service. Mayor Connors: Then you would be providing an ALS. Mr. Otis: We are prepared to provide ALS service, with the understanding that it would be provided only within the border of the City of Beaumont. Mayor Connors: And when you say that you are prepared to, you mean that you are going to. Mr. Otis: If it should be your desire. Mayor Connors: Does anyone else have any questions. Thank you. Is there anyone else wishing to speak for or against Item No. 6. Anyone wishing to speak. Please state your name and address for the record. Captain Cook, 628 Maple, City of Beaumont Fire Station: What I would like to say is there are a lot of things involved in the ALS and BLS situation, and I think there is still a lot of investigation that needs to be done on both items. Manpower, are they going to have two ALS personnel on each unit, etc., etc. And I think to go into it right now, just takes a lot more investigation. And I think that is probably everyb y's best bet at this point in time. Mayor Connors: All right. Is there any comment or questions of Captain Cook. Anybody. Council Member Waller.: Just that somebody that is non - partisan is Page 7 Beaumont City Council June 26, 1989 able to say that - that has some authority in it also - because I, myself, feel uneasy. I would like to see the locations at least in assurance that they would be there. I would also like to see that there is ALS ready and available. I would like to find out how process of dividing up - I don't feel like Howard, who has beenl4erving us, should be left out in the cold just because they are in Redlands. And I would also like to know how the City of Banning, if they have been approached. So there are four items, and Captain Cook - his concern for being cautious, I think is well taken. Mayor Connors: Okay. Thank you. City Manager: Mayor, I think the question needs to be asked of Captain Cook, whether or not he is recommending that you not consider Stat Ambulance tonight. Mayor Connors: Captain Cook. Are you recommending that we not consider Stat Ambulance this evening. Captain Cook: I am not recommending that at all. I am just recommending that - Chief Funston and Chief Tinker, of the City of Banning Fire Department, have had numerous meetings over the last several months, and they are in the process of working on an ordinance that would be followed by both cities. And I think that that is going to have to be entailed before any decision is made. They are all going to have to get together and make a decision on what is going to be done - what is expected of each ambulance, etc., etc. There are just a lot of options that are available, and no, I am not denying the fact they should have a license in the City. I am just saying that more investigation is definitely needed into this. Mayor Connors: All right. Thank you. Council Member Bauer: Question. Could I raise a question. Mayor Connors: With Captain Cook? Council Member Bauer: With Mr. Cook, yes. Is there - let's take a hypothetical position on this. If we feel that the addition of the Stat Ambulance Service to our community effort is the route to go at this time, couldn't those details be worked out later on so far as how the whole entire system could be integrated. Captain Cook: Probably the best answer to that is, yes, you could give them a business license, and, yes, they could develop their system. I am not real sure how the County works in issuing their license, etc., etc., so there are still a whole lot of things the County is going to have to work out with the ambulance company, but, free enterprise . . . Council Member Bauer: True. Thank you. Mayor Connors: Does anybody else wish to ask Captain Cook anything. Is there anybody else wishing to speak for or against Item No. 6. Anyone else wishing to speak at all on Item No. 6. Anyone at all. We will close the public hearing. The Public Hearing was closed at 7:44 P.M. a. Consideration of Granting Permit to Stat Ambulance to Operate an Ambulance Service in the City of Beaumont Discussion from the Council was opened by Mayor Connors, with comments from Council Members to the effect that although a number of items need to be addressed, it did not appear they would be difficult to resolve, and should not preclude issuing a business license at this time. The City Manager answered questions concerning compliance by both ambulance companies to any new ordinances that might be adopted, Page 8 Beaumont City Council June 26, 1989 and the fact they would have to be qualified, or meet the City and County requirements, before 911 would request them to respond to a call. -# Chief Don Holt, Riverside County Fire Department, answered questions concerning the procedures followed by 911 in dispatching ambulances. The City Manager clarified that it is his understanding that until the second ambulance service has qualified and can provide the ALS service, they would not be called by 911, with Chief Holt concurring that is true. Additional discussion followed with the question of free enterprise vs a community being able to support more than one service brought up by Mayor Connors, with the conclusion the ambulance services would need to serve the entire Pass area, not just Beaumont, to be economically feasible, and it would appear it is the intention of Stat Ambulance to seek licenses from the City of Beaumont, City of Banning and the County area. Responding to a question from Mayor Connors, the City Manager stated that if the City issues a license, it will be up to the ambulance service to make the determination if they have sufficient area to serve to continue in business. There is no magic wand - it would be supply and demand, and no one can determine it would be sufficient to support both ambulance services at this time. One of the things that has to be looked at is are we going to be served by ALS ambulances, or are we going to get BLS wherever they decide to put them in from both companies, so the City is going to have to find out if one or two ambulance services desire to serve with ALS units in this City and the City of Banning and the surrounding County area. Council Member Bauer pointed out that if issuing a license to Stat Ambulance meant obtaining a higher level of service for the community, then the Council would be doing the community a service by issuing the license. Motion by Council Member Bauer, second by Council Member McLaughlin, to grant a permit to Stat Ambulance to operate an ambulance service in the City of Beaumont. AYES: Council Member Bauer, McLaughlin, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw. END PUBLIC HEARINGS 7. Request from Beaumont Chamber of Commerce for Consideration of Amending the Transit Occupancy Tax Ordinance (Bed Tax) to Allocate 50% of the Receipts to the Chamber of Commerce. After hearing a presentation from Mike Sedberry, Executive Director of the Beaumont Chamber of Commerce, regarding the Chamber's request to allocate 50% of the receipts of the Transit Occupancy Tax to the Chamber, it was determined by the Council this should be addressed at the time budget hearings are held. 8. RESOLUTION NO. 1989 -34 - Calling and Giving Notice of the Holding of a General Municipal Election to be Held in said City on Tuesday, November 7, 1989 for the Election of Certain Officers of Said City as Required by the Provisions of the Laws of the State of California Relating to General Law Cities; and Requesting the Registrar of Voters to Conduct the Election. Page 9 Beaumont City Council June 26, 1989 9. RESOLUTION NO. 1989 -35 - Setting Forth Regulations for Candidates for Elective Office, Pertaining to Materials Submitted to the Electorate and the Costs Thereof, and Requiring Candidates for City Offices to Pay the Cost of Candidates Statements, for the General Municipal Election to be Held in said City on Tuesday, November 7, 1989. Motion by Council Member Waller, second by Council Member Bauer, to adopt Resolutions No. 1989 -34 and 1989 -35. AYES: Council Member Bauer, McLaughlin, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw. 10. RESOLUTION NO. 1989 -39 - Authorizing Transfer of Certain Real Property Held By The City In Exchange for Release of Obligation to Provide Sewer Connections. Let the record show Council Member Waller was excused at 8:25 P.M., returning to his seat at 8:28 P.M. The City Manager presented his report, a copy of which is a matter of record in the Clerk's file. In response to questions asked by Barbara Voight, 38537 Orchard, Cherry Valley, the City Manager indicated the new wastewater treatment plant will be located adjacent to the existing plant, and at this time there are approximately 175 sewer hook -ups available. Motion by Council Member McLaughlin, second by Council Member Bauer, to adopt Resolution No. 1989 -39. AYES: Council Member Bauer, McLaughlin, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw. 11. Consideration of Agreement Between Westinghouse Electric Corporation and the City of Beaumont Relative to the Highland Springs Avenue Underpass Project. A report was received from the City Manager, which report is a matter of record in the Clerk's file. Motion by Council Member Waller, second by Council Member Bauer, to approve the Agreement between Westinghouse Electric Corporation and the City of Beaumont relative to the Highland Springs Avenue Underpass project. AYES: Council Member Bauer, McLaughlin, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw. 12. Consideration of Claims Filed Against the City by Donna S. Mader, Robert J. Mader, Thomas William Mader II, and Thomas W. Mader. The City Manager's report was received, with a recommendation to deny the claims based on the findings. Motion by Council Member McLaughlin, second by Council Member Bauer, to deny all four claims based on the following findings: Page 10 Beaumont City Council June 26, 1989 1. On consideration of the claims, there appears to be insufficient facts stated upon which liability for the alleged acts can be established. 2. The City and its Officers have immunity pursuant to ,Penal Code Section 834A, 835, 835A and 836 and Government Code Section 815, et seq. AYES: Council Member Bauer, McLaughlin, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw. 13. Consideration of Agreement Regarding Annual Ball. The revised agreement was discussed by the Council, specifically concerning use of the wording "total receipts ", rather than "ticket sales ". Motion by Council Member McLaughlin, second by Council Member Bauer, to approve the Agreement with the Kiwanas Club regarding an annual ball, and authorize the Mayor to execute same. AYES: Council Member Bauer, McLaughlin, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw. 14. A Report from the Chamber of Commerce Regarding Their Economic Development Action Group, and Discussion of an Economic Development Commission. DISCUSSION ONLY. NO ACTION WILL BE TAKEN. Mr. Mike Sedberry, Executive Director of the Chamber of Commerce, presented a verbal report regarding the status of economic development activities by the Chamber. Mayor Connors pointed out that Item No. 14 was a report regarding the Chamber's economic development action group, and since no mention had been made regarding this group, she wanted to know if the group had been formed, and, if so, how long ago had it been formed, is it vital and in existence, and what are their plans for the future for it to handle economic development in the community, since the Chamber was in opposition to the City forming an Economic Development Commission. Mr. Sedberry advised there is no actual operating group at this time, although he is working on guidelines for the group at this point in time. Mayor Connors then stated, that from what Mr. Sedberry had just said, it appeared the Chamber planned to handle economic development in the community. Mr. Sedberry said the role of the Chamber is marketing the City, and that is a ligitimate role for the Chamber, with Mayor Connors then asking if the Chamber was still in opposition to the City forming an Economic Development Commission. Mr. Sedberry indicated that so long as the Chamber has input to the Commission they would have no objection to the City forming a commission as he feels that together a lot can be done, whereas separately both would do less. Nor did he feel the Chamber could be fully charged with doing all the roles that are involved with economic development. It must also be a City project, with the major role of the Chamber being expansion of businesses. Page 11 Beaumont City Council June 26, 1989 Mayor Connors asked if he felt an Economic Development Commission was needed in addition to staff members presently involved in economic development matters, with Mr. Sedberry stating that he didn't really feel a Commission was needed, but rather a committee made up of the Board of Directors of the Chamber and the City Coundir, as well as input from the City Manager and City staff. Council Member Waller stated that he had requested this agenda item, and one of his reasons was that he didn't want the City going in one direction and the Chamber in another. He did note in a Chamber newsletter that an economic development action group had been formed by the Chamber, but he has now found that, although it had been formed, it has not been active, and was formed more for the existing businesses rather than new businesses. Basically, what he wants to know is if the Chamber's Economic Development Action Group is going to actively be pursuing economic development, and, as a result, be upset with the City if they form an Economic Development Commission. Mr. Sedberry pointed out the Chamber was insulted because they were not included when the Economic Development Commission was initially proposed. They are not opposed to economic development, but want to be included in any type of commission or committee, and, again, the Chamber's best role will be in the development of existing businesses. They also want input into who will be invited into the area. Council Member McLaughlin pointed out that including the entire Board of Directors of the Chamber and the entire City Council would be an overly large, unwieldy committee, and any consideration of formation of a Commission should be for no more than a five or seven member Commission, with guidelines regarding how long each person would serve. He stated further that City staff members should also be involved in the Commission since they are on the "front lines ", so to speak, of economic development. The make -up of a Commission was discussed, with all agreeing that for idea purposes a larger group is better, but for decision making a smaller group is desirable, with Mayor Connors commenting that if the Commission was made up of members of the Chamber and members of the staff, that is what we have right now, and that possibly the forming of a committee or commission was really an unnecessary step because we are already working with City staff, a cooperative Chamber and a cooperative City Council, so really already have what we need for economic development. Council Member Bauer stated he has been involved with this with both the Chamber and the City Council, has attended training classes and seminars sponsored by the League of California Cities, and is a member of the California League of Cities State Committee on Community and Economic Development. Therefore, he has a good idea as to what the established practices are in the field. With this in mind, he asked to reiterate his thinking regarding this Commission. 1. Many Chambers in the Riverside area have Retention and Expansion Committees primarily to address industries and businesses who are already in the area to remain and expand. 2. It is generally accepted that no group can do a better job in the promotion of tourism than the Chamber of Commerce. 3. It is highly recommended that the Chamber of Commerce do something about the film industry, and bringing filming to the area. 4. The Chamber is a great source of information on commercial enterprises. Page 12 Beaumont City Council June 26, 1989 5. It is important the City set up a Commission, with the Commission operating through the City Council. 6. Since certain information received by the Commission will be rather sensitive, it would not be advisable (dr the Commission to be too expanded. 7. It is essential to establish the wherewithall within the City of Beaumont to address all of the avenues to promote the City of Beaumont and, primarily, get Manufacturers in here to provide jobs for the residents. With manufacturers here, the commercial would follow. He concluded his comments with the statement that the City should have a Commission, and there are many avenues where the Chamber of Commerce could be an important part of the operation. Mr. Sedberry asked if Mr. Bauer felt the Chamber could be on the Commission, with Mr. Bauer indicating that he felt the Chamber could have representation on the Commission, however, just as it is required in order to serve on the Planning Commission, they should be a resident of the City of Beaumont. Additional discussion followed concerning the make -up of a Commission, and the Chamber's representation on the Commission, with Mr. Bauer suggesting it be a five member commission, with two members selected from the City Council, the City Manager, the Director of Community Development for the City, and the fifth member could be from the Chamber of Commerce. Mayor Connors stated that a residency requirement would make no sense since someone who has a business here, but does not live here, would certainly have as much interest in the progress of the City since their livelihood is here. Mr. Bauer indicated that it is very important for a Commission to be formed, and he was willing to withdraw any comment he made about residency. It would work very well for the Chamber to have representation on the Commission, and they would have clear cut avenues of input. Mayor Connors concluded the discussion with clarification to the public that the discussion tonight did not mean nothing was being done regarding economic development at the present time. Nothing is on hold until a decision can be made about an Economic Development Commission. Tonight's discussion is really a matter of whether we can do more or do it better, and it will continue to be discussed in the future. 15. 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 12, 1989. b. Approval of Warrants as Audited per Warrant List of June 26, 1989, in the amount of $297,079.41; and Payroll of June 8, 1989, in the amount of $50,406.77. C. Authorization for Submittal of TDA Public Transit Claim for FY 1989/90. d. Approval of FY 1989/90 Title III -B Agreement with County of Riverside Office on Aging, and Authorizing the City Manager to Execute Same. Page 13 Beaumont City Council June 26, 1989 e. Authorization to Call for Bids for Riding Rotary Mower. f. RESOLUTION NO. 1989 -36 - Approving Final Tract Map 24030 and Authorizing Recordation of Same. (Pendergrass, S/W Corner of Olive and 12th). g. RESOLUTION NO. 1989 -37 - Approving Grant of Easement - Drainage and Authorizing Recordation of Same. (Pendergrass, S/W Corner of Olive and 12th. h. RESOLUTION NO. 1989 -38 - Approving Abandonment and Vacation of Easement for Public Road, Utilities and Services, and Authorizing Recordation of Same. (Tract 23161, WDS Development, 14th and Palm Avenue). Council Member Waller requested clarification of two warrants, one issued in payment for a backflow device, and one issued for streetlights. Both charges were explained by the City Manager. Motion by Council Member McLaughlin, second by Council Member Bauer, to adopt the Consent Calendar. AYES: Council Member Bauer, McLaughlin, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw. 16. Recess to Closed Session for the following purpose: a. Pursuant to Government Code Section 54956.9(b)(1) to confer with its attorney regarding significant exposure to litigation. b. 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 9:30 P.M. The meeting was reconvened to Regular Session at 11:09 P.M. Let the Record Show Action Taken in Closed Session. Let the record show that on Agenda Item No. 16.a, the Council gave direction to its attorney, and on Agenda Item No. 16.b, the Council gave direction to the City Manager. Date Set for Next Regular Council Meeting, Monday, July 10, 1989, 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 11:10 P.M. Respectfully submitted, v Page 14 BEAUMONT CITY COUNCIL MINUTES OF l,`- JULY 109 1989 The Beaumont City Council met in a regular meeting at 7:00 P.M., on Monday, July 10, 1989, in the City Council Chambers, with Mayor Connors presiding. On roll call the following Council Members were present: Bauer, McLaughlin and Mayor Connors. Council Member Shaw and Waller were excused. The Invocation was given by City Manager Bounds. 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 There were no adjustments to the agenda. 3. ORAL COMMUNICATION: There was no one requesting to speak during oral communication. PUBLIC HEARINGS: 4. Consideration of Adoption of an Ordinance to provide for the merger of contiguous parcels of land. (Continued from June 26, 1989). The public hearing was re- opened at 7:03 P.M. There was no one requesting to speak either in favor of or opposition to this ordinance. The public hearing was closed at 7:04 P.M. ORDINANCE NO. 677 - FIRST READING - Adding Chapter 16.61 to the Beaumont Municipal Code, Dealing with the Merger of Contiguous Parcels. The City Manager directed the City Council's attention to certain changes to the ordinance presented to them, which had been discussed by the City Attorney and Director of Community Development. These changes are as follows: a) Page 2, Section 16.61.030, Add Item No. D, to read as follows: "The contiguous lots were not created by the recording of a Final Map or Parcel Map approved by the City of Beaumont. ". b) Page 2, Section 16.061,050, delete the word "Clerk" in line 4. c) Page 4, Section 16.61.220, delete the word "or sign" in line 8. Page 1 Beaumont City Council July 10, 1989 Mayor Connors asked how the fee is determined, will it be handled case by case, or will it be overall, since no fee is set in the Ordinance. The City Attorney indicated there is a Resolution adopting all fees/ in the Planning Department, and he assumed that would be the means whereby the determination would be made by the Planning Director. Steve Koules, Community Development Director, stated in most instances it was done by a Certificate of Compliance, which has a fee of $100.00. Most jurisdictions utilize this, and the Certificate of Compliance designation is mentioned in the Subdivision Map Act. The City Manager suggested the fee be studied a little more closely, and if it appears the $100.00 fee will not cover the costs of processing, that a resolution be prepared recommending a fee for consideration by the Council prior to the Ordinance becoming effective. It was decided that a recommendation would be submitted to the Council either to use the fee cited by Mr. Koules, or recommend a new fee with a resolution to adopt at the meeting of July 24. Motion to Read Ordinance No. 677 by title only. Motion by Council Member McLaughlin, second by Council Member Bauer, to read Ordinance No. 677 by title only. There being no opposition, the motion carried unanimously with two absent. The Ordinance was read by title only by the Deputy City Clerk. Motion to Approve Ordinance No. 677 at its first reading. Motion by Council Member Bauer, second by Council Member McLaughlin, to approve Ordinance No. 677 at its first reading. AYES: Council Member Bauer, McLaughlin and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: Council Member Shaw and Waller. END PUBLIC HEARINGS 5. Progress Report and /or Recommendation from City Manager and City Attorney Regarding Alleys and Streets. The City Manager called attention to the map submitted to the Council, which was prepared after a survey of alleys and streets was made by himself and Council Member Bauer, with a recommendation to proceed with the necessary legal steps necessary to implement the dedication of all alleys and streets, with the exception of those he had indicated as not being used by the City and /or with buildings or other obstructions in place, and with no evidence of ever having been used as alleys or streets. The City Attorney recommended that direction be given to he and the City Manager to prepare a formal resolution for adoption to reverse tie vacation of the particular alleys and streets and, in the alternative, declare that the City has, through use of the alleyways and streets, met the requirement that they have been dedicated. Mayor Connors then asked how quickly the City could have the fence moved out of the alley between Orange and Maple and 5th and 6th Streets. Page 2 e; t� Beaumont City Council {i July 10, 1989 The City] Attorney referred to his memo, and stated his recommendation was, based on that memo, that he be directed to take thelbteps to give the individual written notice, and if he fails torespond and remove the fence, based upon formal written notice, teat the City then file the lawsuit based on abatement and on t"hor fact that he is encroaching on City right -of -way, and this can be done in a matter of days, maximum of thirty, perhaps less. Discussion followed, mainly concerning the type of motion or motions n °,eeded to accomplish the recommendations made by the City Manager al6d City Attorney. Motion by Council Member Bauer, second by Council Member McLaughIi "q, to direct the City Manager and City Attorney to prepare e1 Resolution to reverse the vacation of certain streets and alley's' in the City, based on the City Manager's survey and map submittedtto the Council on July 10, 1989, and declare that the City hash through use of the alleyways and streets, met the requirements that they have been dedicated; and further direct the City Attorney to take the steps to give the property owner of the fence installed in the alley between 5th and 6th /Orange and Maple written 46tice to remove the fence, and if the property owner fails toj "iemove the fence, based upon formal written notice, that he then Bile a lawsuit based on abatement and the fact that the property owner is encroaching upon City right -of -way. 4i AYES: ;;Council Member Bauer, McLaughlin and Mayor Connors. NOES: ;''None. ABSTAIN ;;None. ABSENT: i.Council Member Shaw and Waller. 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 June 26,`1989. i b. Acceptance of Minutes of Regular Planning Commission Meeting of June 6, 1989. r C. Appicloval of Warrants as Audited per Warrant List of July 10, 1989, in the amount of $151,515.65; and Payroll of Jun 22, 1989, in the amount of $52,919.67. t d. Request from Council Member McLaughlin to be Absent from the Sta a for a period of Ninety Days. s e. Request from San Gorgonio Pass Hospital Foundation for the Necessary Permits to Hold Their Annual Grayback Cycling Cha]�lenge on October 29, 1989, i.e., Use of City Streets, Traffic Control, Use of Pavilion, and Other Assistance from Cit� Staff. f. Approval of Subdivision Agreement for Tract 24030, and Authorization for Mayor to Execute Same. Applicant: Sun'pise View Homes, Inc., Carter Pendergrass. Location: S /W�4Corner of Olive and 12th. ,f g. Repqrt of Planning Commission Action at Regular Meeting of July 5, 1989. Mayor Connors asked that the minutes of June 26 be corrected on Page 1, t'? include the statement that a resolution was presented to Captain Jim Cook on behalf of Station 66 Fire personnel. The minutes were corrected as noted. Page 3 Beaumont City Council July 10, 1989 Questions from Mayor Connors concerning the warrant list were also answered. Motion by Council Member McLaughlin, second by Council Member Bauer, to adopt the Consent Calendar with the minutes corrected as note,.. AYES: Council Member Bauer, McLaughlin and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: Council Member Shaw and Waller. 7. 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 7:34 P.M. The meeting was reconvened to regular session at 8:33 P.M. Let the Record Show Action Taken in Closed Session. Let the record show the Council gave direction to the City Manager during closed session regarding labor relations matters. Date Set for Next Regular Council Meeting, Monday, July 24, 1989, 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 McLaughlin, second by Council Member Bauer, the meeting was adjourned at 8:34 P.M. Respectfully submitted, City Clerk Page 4 BEAUMONT CITY COUNCIL MINUTES OF JULY 249 1989 The Beaumont City Council met in a regular meeting at 7:00 P.M., on Monday, July 24, 1989, in the City Council Chambers, with Mayor Connors presiding. On roll call the following Council Members were present: Bauer, Shaw, Waller and Mayor Connors. Council Member McLaughlin was excused. The Invocation was given by City Attorney Ryskamp. The Pledge of Allegiance 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 Council Member Waller requested that Agenda Item No. 15 be taken out of sequence and heard prior to Item No. 8, with all other agenda items then considered in succession as shown, due to the fact that he might have to leave the meeting early and he wanted to be certain that he had the opportunity to participate in the discussion of this agenda item. Mayor Connors asked if Agenda Item No. 14 should not also be moved along with Item No. 15, with agreement from Council Member Waller. There being no objection from the Council, Agenda Items No. 14 and 15 will be considered by the Council prior to Agenda Item No. 8. There were no other adjustments to the agenda. 3. ORAL COMMUNICATION: There were no requests to speak during oral communication. PUBLIC HEARINGS: 4. NEGATIVE DECLARATION 89 -ND -7 - Applicant: Vincent Danise. Location: East side of Allegheny Avenue, about 300 feet north of 6th Street. Proposed construction of 32,827 sq.ft. of mini - storage facilities. (89 -PP -2, Amd. 11). The public hearing was opened at 7:05 P.M. There was no one requesting to speak concerning this agenda item. The public hearing was closed at 7:06 P.M. A staff report was received from Community Development Director Stephen Koules, with recommendation from the Planning Commission for adoption of this negative declaration as any impacts upon the environment have been mitigated by the conditions of approval. a. Consideration of Adoption of Negative Declaration 89 -ND -7. Motion by Council Member Shaw, second by Council Member Bauer, to adopt Negative Declaration 89 -ND -7, based on the findings. AYES: Council Member Bauer, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: Council Member McLaughlin. Page 1 Beaumont City Council July 24, 1989 5. NEGATIVE DECLARATION 89 -ND -8 - Applicant: Gus and Frances Poulopoulos. Location: N/W Corner of 6th Street and Palm Avenue. Proposed construction of 2,000 sq.ft. restaurant (to replace existing restaurant) and 2,080 sq.ft. retail commercial building on 0.64 acres. (88 -PP -2, Amd 15). The public hearing was opened at 7:09 P.M. There was no one requesting to speak regarding this agenda item. The public hearing was closed at 7:10 P.M. Stephen Koules, Director of Community Development, presented his staff report, with a recommendation from the Planning Commission for adoption of the Negative Declaration as any impacts upon the environment will be mitigated by the conditions of approval. a. Consideration of Adoption of Negative Declaration 89 -ND -8. Motion by Council Member Shaw, second by Council Member Waller, to adopt Negative Declaration 89 -ND -8, based on the findings. AYES: Council Member Bauer, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: Council Member McLaughlin. 6. TENTATIVE TRACT MAP 23646 and NEGATIVE DECLARATION 89 -ND -9. Applicant: Aware Development. Location: North side of Cougar Way about 1,800 feet east of Beaumont Avenue. A proposed 51 lot single family subdivision. The public hearing was opened at 7:12 P.M. No proponents or opponents of the project requested to speak. Members of the audience requesting to speak neither in favor of or opposition to the project were as follows: Mr. Dale D'Avignon, an employee of Beaumont High School in the Department of Transportation and Maintenance, whose residence address is 1066 N. Brinton, Beaumont: One of the things it is putting a lot of load out there - I talked on another subject not too long ago - there is a lot of traffic that is going to be there. The main drive will be almost straight across the street from the transportation buildings. Is there anything being done or looked at as far as the traffic control in that area. We keep adding, but you go out to Beaumont and Cougar. There is no, you know, there is a one way stop but there is not a two way, you know, so that traffic can get out onto Beaumont Avenue. We need to look into making sure that we have better traffic control out in that area, you know, as we are building more and more of these houses right out there at the high school area, at the same time. Mayor Connors: Can we have staff answer his question about that. City Manager: Basically, in connection with Beaumont Avenue and Cougar Way, half of Beaumont Avenue belongs to the County, and the School District, last year, requested that consideration be given to putting stop lights, traffic lights, at the Beaumont /Cougar intersection. The County did a study on it, and found that, at this time, that traffic did not warrant it, and would not agree to putting them on their side. The City can't very well put them on one side and not have full signalization. It would do no good actually. We would be trying to control something that one leg, at least, would not have the ability to be controlled. There is no question that in the future it is going to continue to create a traffic problem. This is one of the reasons we are starting to work toward a four lane street on Cougar Way, and we see the time coming when the City will have the ability to make the determination on the full signalization ourself. But at this Page 2 Beaumont City Council July 24, 1989 time, without the County's help, we can't signalize their side. Mr. D'Avignon: Is there going to be stops or anything on Cougar Way for now for the traffic, or is it going to be just like it is now. City Manager: Well, right now, the only change that is being made by this proposal is only fifty lots, and it does not connect Palm as it is going to eventually connect to Brookside. Therefore, all we are dealing with at the present time, would be these fifty lots only. As soon as Palm becomes a through street, I would envision at least a four -way stop at Palm. Mr. D'Avignon: Will Palm be a thoroughfare that we would be able to use that as transportation. City Manager: Yes. Mr. D'Avignon: It will not be a restricted weight type street. City Manager: No. Mr. D'Avignon: Because, every once in a while they build streets that are restricted for weight -wise, and that would help eliminate us going all the way out to Beaumont Avenue. City Manager: Actually, the Council, some three years ago at least, changed the circulation element. At that time it was going to create a street on Orange Avenue, an extension of Orange, from Brookside down to 14th. And, after study with the engineer and staff, it was determined by the Council that the circulation element should be changed, and that, because of Palm, and the major portion of the City south of 14th, having the ability to be made a four -lane street, that it would be wiser to use, what I am calling North Palm at this particular time, and we call for it to be a full 92 foot right -of -way, with a divider in the center, and four lanes of traffic. So, when the different developments are put together, and we can connect that street up, we are going to have a major thoroughfare there. And this will eliminate the need to go out onto Beaumont. Mr. D'Avignon: The other question is, I know there is another tract on the south side, but there is a section in- between where Palm will not connect. Is there any . . . does it look like it could be near that, that one section would not be completed, or .. City Manager: Well, the map has not been finaled south of that. We have been dealing with the property owner just south of Cougar Way. It is unknown whether they will present plans for that portion. There is always the possibility that if the need is existing at that particular time, that portion could be put in earlier, and the developer paying it back later. That hasn't been thought of at this time yet, because we have no way of connecting it. Mr. D'Avignon: Okay. Thank you. Council Member Waller: I have a question for Dale. Mr. Bounds, Dale was alluding to the fact that this street will be able to handle loads that are more than our average residential street. Is that correct? City Manager: That is correct. Council Member Waller: Does this mean, then, that buses would be able to travel. City Manager: Yes. Page 3 Beaumont City Council July 24, 1989 Council Member Waller: And as to diesel trucks, eighteen wheelers. City Manager: The biggest can get on it almost. Legal trucks will�be allowed to use it. There will be no backing into Palm Avenue north. There will be no driveway cuts whatsoever. Therefore, from 14th Street to Brookside, Palm Avenue becomes a full arterial in the City, and it will not be as dangerous, if you want to call it that, as Beaumont, which has people backing out - as Palm south of 14th, where people are backing out. It is designed to move people. And that is the whole way that we have come up with this scheme, and, for instance, if you are going to a house in this area, you will turn right or left off of the street, going to another street before you get to your house. No backing out. Actually, its whole purpose is to move traffic. Mr. D'Avignon: Thank you. Mr. Shaw: Will the road base be the same material as on the prevailing streets. City Manager: Yes, it will have a heavy base on Palm Avenue, the same that is designed, with the R -value where we have truck traffic, i.e., Beaumont Avenue. Council Member Shaw: Well, I mean, it will be okay for having truck traffic. City Manager: Oh yes. Council Member Shaw: Okay. Mr. D'Avignon: Thank you. Mayor Connors: Thank you. We have another request to speak on Item No. 6 from Barbara Voight. Barbara Voight: I think I will pass on that right now. Mayor Connors: Barbara Voight has changed her mind. And we have one from Robert Guillen. Would you give your name and address for the record please. Robert Guillen, Assistant Superintendent of Business for Beaumont Unified School District: We are not really against, I am talking Beaumont Unified School District, against this development. We are just concerned that we have been facing more developments, and more developments coming into our community, and presently our schools are very packed. We have Wellwood Elementary with close to 550 students on 2.9 acres. And every time you keep approving more developments coming into the community, that keeps on placing more burden onto the present schools that we have right now. And builder's fees do not build schools. They only are probably about one -third the cost of building a school. So, basically, the school district is falling behind two - thirds every time we get more developments coming in. That is all I have. Council Member Shaw: And you feel it would be an impaction on the school district. Mr. Guillen: Yes. Not this one, per se, I am just saying they just keep on adding up, you know, 200 here, 51 here, you know, our present schools are really impacted at the present time. You know, you can't keep on putting portables on 2.9 acres, so . . . Council Member Shaw: Yes, I understand that. Mayor Connors: So then, you are saying that we shouldn't be building the houses because of the school impacts, or are you saying that the school fees should be higher. The building fees. Page 4 Beaumont City Council July 24, 1989 Mr. Guillen: Well, when you approve these things, you need to consider that, at the present time, the $1.56 does not meet the needs of building these schools. Mayor�Connors: How was the builder's fee arrived at for the schools. Mr. Guillen: That is set by the Office of Local Assistance. We don't have anything to do with it. City Manager: The State of California, not City. Mayor Connors: Does anyone else wish to comment, or speak with Mr. Guillen. Council Member Bauer: I would like to raise a comment. It is reasonable, I believe, that when we are talking about these relatively smaller developments, it is difficult to integrate that progress within the school system. It is my understanding, and yours, I am sure, that we are going to get some considerably larger projects associated with the City of Beaumont, and when we get into those, then I believe we would have a suitable climate for approaching the problems that you talk about. Do you agree with that. Mr. Guillen: In dealing with developers they only have so much monies to work with to help alleviate the growth the schools are facing. Council Member Bauer: Well, yes, but on the other hand there are other communities in the County of Riverside, that have been growing tremendously, and I do believe they have established the mechanism to keep school construction apace with developmental construction, and I believe you only have to go down to Moreno Valley to see it. Why can't we do the same thing they are doing. Mr. Guillen: I have been talking with Moreno Valley. They are usually about a high school behind. When they open up a high school, they still - they start putting portables on it. They are behind also. Hopefully, we can work with the developers and have the schools. . . Council Member Bauer: Well, at the rate of the past ten years' growth in the City of Moreno Valley, I certainly feel that once we get into a real growth cycle, which is above and beyond these comparatively small tracts, I am sure that the efforts of our school district can be geared to accommodate that growth. And with the large investment - capital investment in land and development, it would be a better opportunity for you to face the problem of financing school construction. Mr. Guillen: Again, the only mechanism presently in the State of California to help in financing schools is, basically, developer fees. You can work with the developers, and hopefully get more monies through other ways, to maybe go with a fifty -fifty match with the State, but you have to work with the developers. Council Member Bauer: Well, I think that for us to do anything about that, I really think we would have to engage in a rather expensive study as to what they are doing in other communities, but I am sure they are able to meet the needs f,or schools in other communities that are growing much faster than we are right now. Mr. Guillen: But, Beaumont Unified, just like - you can't compare one district with another district. Council Member Bauer: Oh yes you can, because your fees are established at the State level. Mr. Guillen: Okay. Let me say, Page 5 if you had a school with ten Beaumont City Council July 24, 1989 acres, and you have a school with 2.9, you cannot put as many portables on 10 acres as 2.9. (Let the record show, it appears Mr. Guillen intended to say you cannot put as many portables on 2.9 acres as you can place on 10 acres.) i Council Member Bauer: I understand, but I think that your long haul solution to the problem will be when we get into some of these bigger tracts, and I don't see how we can do much as far as the smaller tracts that are coming in from time to time are concerned. Those have been coming in for years. Mr. Guillen: We are working with those developments that are planning to come in to the Beaumont community at the present time. As these come in - the tracts that we are having difficulties are those that have kind of already - well - before my time. Like this one. You know, so, other tracts around the high school. Those have come in before I was Assistant Superintendent of Business. 1 just wanted to make you aware that developer fees do not meet the needs of the school district at the present. Council Member Bauer: Right. Thank you. Mayor Connors: If there is no one else wishing to speak on Item No. 6, we will close the public hearing. The public hearing was closed at 7:28 P.M. The Community Development Director called the Council's attention to the fact that in addition to the Beaumont Unified School District's letter speaking to the project, there is also a letter from the Beaumont - Cherry Valley Recreation and Parks District, and in both instances the recommendation was made by both agencies that an EIR be prepared. He advised that an EIR would be an excessive requirement on a 50 acre subdivision such as this without any known environmental issues to address. Staff felt the impact of traffic had been addressed. Also, the school issue was believed to be addressed in the conditions of approval, as was the parks issue. In both instances, the developer is referred back to the respective agency, to meet with the agency, and pay the fee established by those agencies, and by State law. The matter was opened for Council discussion at this time, with Council Member Waller stating that it appeared there were no sewer hookups available for this tract at this time. The City Manager advised this tract has 50 prepaid sewer hookups. They have already been paid for, and are waiting for this tract to use them. In answer to a question from Council Member Shaw regarding fire hydrants, Mr. Koules advised that the development has to meet the requirements of the Riverside County Fire Department, which is one of the conditions of approval. The City Manager further clarified this by reading the condition of approval, and then referring to the letter from the Fire Department which lists the requirements for fire hydrants, i.e., type, size, psi, gpms, and the distance between fire hydrants. These have to be installed and approved prior to any buildings being erected. a. Consideration of Adoption of Negative Declaration 89 -ND -9. Motion by Council Member Bauer, second by Council Member Shaw, to adopt Negative Declaration 89 -ND -9, based on th,e findings. AYES: Council Member Bauer, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: Council Member McLaughlin. b. Consideration of Approval of Tentative Tract Map 23646. Motion by Council Member Waller, second by Council Member Bauer, to approve Tentative Tract Map 23646. Page 6 weaumont City Council July 24, 1989 AYES: Council Member Bauer, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: Council Member McLaughlin. 7. Report and Account of Cost for Weed Abatement, and Hearing of Objections or Protests. The City Manager presented the report and account of cost for weed abatement which includes six weed abatement charges, three of which are for the current year, and three which were carried over from 1988. The 1988 bills are included because the work was not completed in time to be placed on the tax roll last year. All property owners involved have been notified there will be a hearing tonight. In the event any of the bills are paid they will be removed from the list prior to placing on the tax rolls. The City Manager submitted to the Council that the six bills are proper, and unless the Council receives input from the public tonight which would counteract this statement, staff's recommendation is that the Council find the billing is proper and direct that it be placed on the tax rolls. The public hearing was opened at 7:37 P.M. No protests were submitted, and no one requested to speak to this matter. The public hearing was closed at 7:38 P.M. a. Consideration of Approval of the Report and Account of Weed Abatement as Presented, Modified or Corrected. Motion by Council Member Bauer, second by Council Member Shaw, to approve the report and account of cost for weed abatement as presented. AYES: Council Member Bauer, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: Council Member McLaughlin. b. RESOLUTION NO. 1989 -41 - 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 Bauer, second by Council Member Shaw, to adopt Resolution No. 1989 -41. AYES: Council Member Bauer, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: Council Member McLaughlin. END PUBLIC HEARINGS 14. OUT OF SEQUENCE. Recess to Closed Session Pursuant to Government Code Section 54957 to Consider Personnel Matters. The meeting was recessed to closed session at 7:42 P.M. The meeting was reconvened to regular session at 8:32 P.M. Let the record show no action was taken in closed session. Page 7 Beaumont City Council July 24, 1989 15. RESOLUTION NO. 1989 -45 - Establishing the Salary and Benefits for the City Manager. Motion by Council Member Bauer, second by Council Member Shaw, to ado6 VResolution No. 1989 -45, establishing the salary of the City Manager at $65,000.00, with deferred compensation at 6 %. AYES: Council Member Bauer, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: Council Member McLaughlin. 8. Request from Mr. Oscar Leeb for Consideration of Revision of Business License Fee for Small Businesses. It was noted by the City Manager that Mr. Leeb item not be placed on the Council agenda until going to be out -of -town, however, Mr. Leeb present tonight. had requested this tonight, as he was is apparently not The City Manager then pointed out that the letter included with the packet was the identical letter Mr. Leeb submitted to the City Council in June of 1983, in which he indicates the minimum gross annual sales of $50,000 at $60.00 per year is too high, and should be lowered. He advised further that since that time, Mr. Leeb no longer has the sign business in the City on 6th Street, and is using his home in Cherry Valley, which is a fee for an out -of -town business of $72.00. Mr. Bounds referred to his memorandum to the Council in which he pointed out that out -of -town businesses are charged more since they do not pay property tax in the City, and it would be unfair to the businesses within the City who do pay property tax, as well as sales tax, resulting in the City receiving some benefits from their business. Whereas, with businesses located outside the City we have no way of recouping any of those types of fees. The City Manager recommended staff be allowed to prepare a study of all business license fees, and a comparison with other cities, for presentation to the Council at a later date. Council Member Waller moved to hold this agenda item until staff has provided business license fee information from other cities, and also the agenda item be listed as not only business license fees for small businesses, but also businesses out of the City limits. Mr. Waller went on to say he would like to see the City encourage small business by having a different fee schedule, but on the other hand that could punish larger businesses, which we hope to have in the future. At the request of the City Manager, Mr. Waller clarified that he would like to see a report in relation to other cities, first of all if there is any consideration given to small businesses and what criteria, also the fees charged for out -of -town businesses. Mayor Connors indicated the Council would also like to know what average we should be looking at so far as other cities are concerned, and what they are charging, and she would like to know when this fee was set. Council Member Waller again moved that the agenda item be held until staff has time to answer the questions which have been asked. On being asked if he wished to establish a specific Council Meeting at which this should be considered, Mr. Waller indicated sufficient time should be given to prepare this report. Page 8 Beaumont City Council July 24, 1989 The City Manager pointed out that most businesses have already renewed their business licenses for this current fiscal year, therefore, this should probably be looked at for next fiscal year. By allowing several months, a very complete study could be prepared, with some really good comparisons, for the Council to consider at budget time for Fiscal Year 1990 -91. Mr. Waller withdrew his motion, and there being no opposition from the Council, direction was given to the City Manager to prepare a report based on Mr. Waller's request, to be brought back to the Council for consideration at the appropriate time. 9. RESOLUTION NO. 1989 -40 - Regarding Streets and Alleys. The City Manager reported that the survey had been completed, and this resolution is being presented based on this survey, with the exhibit prepared to cover all alleys included in the survey. The resolution will be recorded making this a legal document upon the properties listed in the exhibit. The City Attorney said he would like to emphasize the fact that the Council has, in Item No. 2.a through 2.d, findings of fact, and it appears they have received sufficient testimony to make these findings. If there is any doubt in their minds that additional information is needed in order to make these findings, a request that this information be provided to them at this time should be made. He further stated, there has been sufficient evidence presented to his office, including a statement by the Public Works Supervisor relative to City maintenance of these alleys, and he feels the Council has received enough facts, but wanted to caution them to read through them so they feel comfortable they have had facts presented to them, in the course of recent meetings, that justifies arriving at this conclusion. There were no questions or comments from the Council, other than a comment by Council Member Bauer to the effect that Exhibit "A" has been exceedingly well prepared. General discussion followed regarding alleys not included on this list, and the affect this action would have on the requirement for weed abatement to the centerline of the alley by each property owner, with the City Manager and City Attorney responding that other alleys could be looked at individually, and this action would have no affect on the weed abatement requirement. Motion by Council Member Waller, second by Council Member Bauer, to adopt Resolution No. 1989 -40. AYES: Council Member Bauer, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: Council Member McLaughlin. 10. RESOLUTION NO. 1989 -42 - Amending Resolution No. 1988 -10 to Increase the Fee for Certificate of Compliance, and Add a Fee for Lot Mergers. The City Manager presented his report, which is a matter of record in the Clerk's file. Motion by Council Member Bauer, second by Council Member Shaw, to adopt Resolution No. 1989 -42. AYES: Council Member Bauer, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: Council Member McLaughlin. Page 9 Beaumont City Council July 24, 1989 11. ORDINANCE NO. 677 - SECOND READING - Adding Chapter 16.61 to the Beaumont Municipal Code, Dealing with the Merger of Contiguous Parcels. Motion to Read Ordinance No. 677 by title only. Moti'oa" by Council Member Waller, second by Council Member Shaw, to read Ordinance No. 677 by title only. AYES: Council Member Bauer, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: Council Member McLaughlin. Since he was not present at the first reading of this Ordinance, the background information concerning the ordinance was provided for Mr. Waller by the Community Development Director and City Manager. The Ordinance was read by title only by the Deputy City Clerk. Motion to Adopt Ordinance No. 677 at its second reading. Motion by Council Member Waller, second by Council Member Bauer, to adopt Ordinance No. 677 at its second reading. AYES: Council Member Bauer, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: Council Member McLaughlin. 12. Consideration of Award of Bid for Purchase of Riding Rotary Mower and Trailer. The City Manager's report was received, which report is a matter of record in the Clerk's file, with the recommendation that the bid of Pacific Equipment and Irrigation for a Toro Mower and Snowco Trailer be awarded as the most responsible bid per specifications, although it was not the lowest bid, since the lowest bid for the Cushman Mower did not meet the specifications. Motion by Council Member Bauer, second by Council Member Shaw, to award the bid for purchase of the Toro rotary mower and Snowco trailer to Pacific Equipment and Irrigation, in the amount of $15,806.73, to be charged to Account 6050 -6040 (Park Dept. Capital Outlay - Equipment). AYES: Council Member Bauer, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: Council Member McLaughlin. 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 July 10, 1989. b. Approval of Warrants as Audited per, Warrant List of July 24, 1989, in the amount of $427,744.44; and Payroll of July 6, 1989, in the amount of $51,992.34. C. RESOLUTION NO. 1989 -43 - 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. Beaumont City Council July 24, 1989 d. Approval of Supplemental Agreement for Use of 15th Year Community Development Block Grant Funds, and Authorization for Mayor to Execute Same. e. RESOLUTION NO. 1989 -44 - 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. RESOLUTION NO. 1989 -46 - Determining Fees to be Charged to Reimburse the City for Costs of Registering Bonds and Cost of Annual Administration of Assessment District. Motion by Council Member Waller, second by Council Member Bauer, to adopt the Consent Calendar. AYES: Council Member Bauer, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: Council Member McLaughlin. Agenda Items 14 and 15 were taken out of sequence and heard prior to Agenda Item No. 8. Date set for next regular Council Meeting Monday, August 14, 1989, 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 9:13 P.M. Respectfully submitted, City Clerk BEAUMONT CITY COUNCIL MINUTES OF AUGUST 14, 1989 The Beaumont City Council met in a regular meeting at 7:00 P.M., on Monday, August 14, 1989, in the City Council Chambers, with Mayor Connors presiding. On roll call the following Council Members were present: Bauer, McLaughlin, Waller and Mayor Connors. Council Member Shaw was excused. The Invocation was given by Mayor Connors. The Pledge of Allegiance was led by Mayor 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. Consider Requesting the San Gorgonio Pass Water Agency to Develop a Joint Powers Authority for Development of Use of Reclaimed Water, and Use of Special Taxing Districts, in the Pass Area. A report was received from the City Manager, a copy of which is a matter of record in the Clerk's file, which contained his recommendation that direction be given for a letter to be sent to the San Gorgonio Pass Water Agency requesting they develop a Joint Powers Authority for development of use of reclaimed water in the Pass Area, and consider using special taxing districts in new developments to fund the development of reclaimed water. Barbara Voight, 38537 Orchard Street, Cherry Valley, addressed the Council, commending the City of Beaumont for the manner in which they are handling the sewer treatment plant policies, and stating she likes the idea the Council is looking forward to the future and working with water purveyors in taking care of the needs of the community, and she supports actions such as this agenda item. Council Members McLaughlin and Bauer both commented favorably regarding the recommendation. Motion by Council Member McLaughlin, second by Council Member Bauer, to authorize the City Manager to send a letter to the San Gorgonio Pass Water Agency requesting they consider the following items: 1. That the San Gorgonio Pass Water Agency take the lead role in developing a Joint Powers Authority for the purpose of developing the use of reclaimed water in the Pass Area. 2. That the San Gorgonio Pass Water Agency Page 1 aumont City Council August 14, 1989 consider the use of special taxing districts in new developments to fund the development of reclaimed water to serve those areas. AYES: Council Member Bauer, McLaughlin, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw. 5. RESOLUTION NO. 1989 -48 - Delegating Authority to the City Manager to Make Employee Disability Determinations. The City Manager presented his report, a copy of which is a matter of record in the Clerk's file. Motion by Council Member Waller, second by Council Member McLaughlin, to adopt Resolution No. 1989 -48. AYES: Council Member Bauer, McLaughlin, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw. 6. 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 July 24, 1989. b. Approval of Warrants as Audited per Warrant List of August 14, 1989, in the amount of $219,616.33; and Payrolls of July 20, 1989 and August 3, 1989, in the amounts of $61,643.83 and $57,215.70 respectively. C. RESOLUTION NO. 1989 -47 - Authorizing the Signing and Execution of the Memorandum of Understanding Between the City of Beaumont and Faith Dalton, As An Individual. d. Accepting Offer of Dedication from Westinghouse Electric Corporation. Motion by Council Member Bauer, second by Council Member McLaughlin, to adopt the Consent Calendar. AYES: Council Member Bauer, McLaughlin, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw. 7. Consider Setting Date for Joint Study Session with Beaumont Unified School District Board, at 7:00 P.M., on Tuesday, August 29, 1989, in the Beaumont Unified School District Board Room, 130 W. 5th Street, Beaumont. Motion by Council Member Waller, second by Council Member Bauer, to set the date for a joint study session with the Beaumont Unified School District Board, at 7:00 P.M., on Tuesday, August 29, 1989, in the Beaumont Unified School District Board Room, 130 W. 5th Street, Beaumont. AYES: Council Member Bauer, Mclaughlin, Waller and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: Council Member Shaw. Page 2 sumont City Council hugust 14, 1989 Date Set for Next Regular Council Meeting, Monday, August 28, 1989, 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 7:15 P.M. Respectfully submitted, City Clerk Page 3 BEAUMONT CITY COUNCIL MINUTES OF AUGUST 28, 1989 The Beaumont City Council met in a regular meeting at 7:00 P.M., on Monday, August 28, 1989, in the City Council Chambers, with Mayor Connors presiding. On roll call the following Council Members were present: Bauer, McLaughlin, Shaw and Mayor Connors. Council Member Waller arrived at 7:05 P.M. The Invocation was given by Council Member Bauer. 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. PUBLIC HEARINGS: 4. TENTATIVE PARCEL MAP 24806 AND NEGATIVE DECLARATION 89 -ND -12 - (89 -PM -1, Amendment B) - Applicant: Don Higdon. Location: At the southerly terminus of Massachusetts Avenue, between 12th and 13th Streets, identified as 1215 Pennsylvania Avenue. A proposed division of 1.26 acres into four parcels. The public hearing was opened at 7 :03 P.M. No one requested to speak to this project. The public hearing was closed at 7:04 P.M. A staff report was received from Community Development Director Koules, with Planning Commission recommendation for approval. a. Consideration of Adoption of Negative Declaration 89- ND -12. Motion by Council Member McLaughlin, second by Council Member Bauer, to adopt Negative Declaration 89- ND -12, based on the findings. AYES: Council` Member Bauer, Mclaughlin, Shaw, and Mayor Connors. NOES: None. ABSTAIN Council Member Waller. ABSENT: None. b. Consideration of Approval of Tentative Parcel Map 24806. Motion by Council Member Shaw, second by Council Member McLaughlin, to approve Tentative Parcel Map 24806, subject to the conditions of approval. AYES: Council Member Bauer, Mclaughlin, Shaw and Mayor Connors. NOES: None. ABSTAIN Council Member Waller. ABSENT: None. Page 1 r 3umont City Council h -gust 28, 1989 5. TENTATIVE TRACT MAP 24273 AND NEGATIVE DECLARATION 89 -ND -10 - (89- TM -1). Applicant: Saam Properties, Inc. Location: Southeast corner of 14th Street and Michigan Avenue. A proposed 36 lot single family subdivision on 7.72 acres. The public hearing was There was no one reque The public hearing was Community Development with a recommendation subject to the amended opened at 7:08 P.M. sting to speak to this project. closed at 7:09 P.M. Director Koules presented his report, of approval by the Planning Commission conditions of approval. Council Member Waller asked for clarification of the placement of the sewer line which was the subject of a letter received from three citizens on Michigan Avenue, with the City Manager advising that it is much better for the City to have the sewer line in the street rather than an easement on private property, and the developer will build this sewer line for us. The City Manager also clarified that the line presently serving the citizens on Michigan and Massachusetts would continue to serve them. a. Consideration of Adoption of Negative Declaration 89- ND -10. Motion by Council Member Waller, second by Council Member Shaw, to adopt Negative Declaration 89- ND -10, based on the findings. AYES: Council Member Bauer, Mclaughlin, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: None. b. Consideration of Approval of Tentative Tract Map 24273. Motion by Council Member Bauer, second by Council Member McLaughlin, to approve Tentative Tract Map 24273, subject to the amended conditions of approval. AYES: Council Member Bauer, Mclaughlin, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: None. 6. TENTATIVE TRACT MAP 24621 AND NEGATIVE DECLARATION 89 -ND -11 - (89- TM -4). Applicant: R.G. Development. Location: Southeast corner of 14th Street and Pennsylvania Avenue. A proposed 35 lot single family subdivision on 7.96 acres. The public hearing was opened at 7:16 P.M. Mr. Dick Garcia, R.G. Development, 563 Acosta Drive, Banning, addressed the Council as a proponent for this project: I am here if there are any questions I will be glad to answer them, but I really have nothing to say. We agree with all the conditions as outlined by the City Engineer and your staff, and we are hopeful of a positive vote tonight. If there are any questions I will be here to answer them. Mr. Jose Castile, 1381 Beaumont Avenue, addressed the Council: I just want to know if 35 lots of homes is going to be overcrowded on 7.95 acres. Because I live right in front of there and I am just interested as far as overcrowding. Mayor Connors: The lot range is 6,000 sq.ft. in size to 10,058 sq.ft. The majority is in the six to seven thousand sq.ft. range to the lot. Page 2 Beaumont City Council August 28, 1989 Mr. Castile: Okay. I mean, I have no idea of developments as far as sizing. I just wanted to know if there is going to be a lot of people, or a lot of crowding on 7.96 acres. That is just my comment. I am not for or against. I just want that cleared up. Mayor Connors: How many people do we figure this is, for this many. Mr. Castile: Thirty -five homes, isn't that correct. Mr. Koules: If I may answer that question in a different manner, we have an adopted General Plan. The General Plan calls out the density ceilings. This proposal is consistent with those density ceilings of up to five dwelling units to the acres. Now, if you want to average about 2.7 persons per household, that would give you an idea about how many people would be expected to be residing on those parcels. Mr. Castile: Is that the blueprint there. Mr. Koules: That is the blueline of the proposed tentative map, yes. Mr. Castile: Fine. Okay. Mayor Connors: Does that answer your question. Mr. Castile: Yes. Yes. It gives me a really clear picture as f *ar as what the layout of the homes is. Like I said, I am not for or against. I just wanted to clear up some things. I am here on behalf of my Dad. He just moved into Beaumont, and you know, he is pretty happy here. He just got this letter, and he said why don't you show up and see what you can learn out of it, so I am here. Mayor Connors: Good. Fine. Thank you, I am glad you are here. Thank you. Okay, is there anyone else wishing to speak in favor of Item 6. Is there anyone wishing to speak in opposition to Item No. 6. Would you approach the microphone and give your name and address for the record. Mr. James L. Ashley, 1195 E. 14th Street, addressed the Council in opposition to this project: This gentleman must not know, but three of Paul Turner's houses are on 14th Street. I also live on the corner of the race track of 14th and Pennsylvania. While I am not really in favor of anything being built in Beaumont in our area, because we live in an area that probably gets more traffic on that corner than any street in Beaumont, and I don't care what street you want to try. It is constant. From before sunup until - twenty -four hours a day. It is a race track. There is no control over it. What are you going to do about the streets. The gentleman back there - I have talked to him and he seems like a nice guy, and like he is going to build a quality home, and quality development, but opening up Cherry Avenue - that isn't going to cut it. You already have more traffic than you can deal with. I don't know. If this gentleman doesn't even know there is houses on 14th, he must not have ever been there. I would ask how many Council Members have ever been to the intersection of 14th and Pennsylvania. Have ever spent any time there. Council Member Shaw: I live right there. Council Member Bauer. So do I. Council Member Shaw: I've never seen too many problems. Mr. Ashley: You live in the mobile home park, sir. If you live in the mobile home park you don't see traffic. They can't go over ten . . . Page 3 Beaumont City Council August 28, 1989 Council Member Shaw: I am in and out of there quite frequently, and I know what the traffic is, and like I say, it must be very rare. When I come in and out of there I don't have any problems with anybody. I never see anybody there. Mr. Ashley: No, no. It is a race track. 14th Street. They are going to kill somebody. The buses leave the school. I have talked to the bus barn, the police department. It is a race track. 14th Street. You are going to have accidents there constantly. What are you going to do. We are already overcrowded now. This gentleman is wanting to build homes, but are you going to have him build an area that is going to be worse or better. It doesn't make any difference whether you bring two people in, or a hundred. It is already too bad. To get into our property, we have to wait to get in and out of our driveway. Right now. You must not have ever been there. Spent any time there. If you don't . . . Council Member Shaw: I have lived in that area seventeen years. Mr. Ashley: Well, then, you know what it was seventeen years ago. But you haven't been there recently. Council Member Shaw: Well, you know, what we have to do is put a couple of officers out there for a few days, and label a few of those people, and the word will get around so fast that that thing will look like a graveyard. Mr. Ashley: I have talked to the Police Department sir, and they say if they want to get tickets they can spend all day, every day there. They come there when they want tickets. It is a race track. What are you going to do about that. It is already overcrowded. How are you going to alleviate the traffic coming to that intersection in the future. It is already unimaginable now. If you don't know that, you should know it. You should spend some time there. Council Member Shaw: Well, like I -- I have to differ with you. I am sorry, because I live there, and I am in and out of there constantly, and never have any problems, so I can't understand where it is coming from. Mayor Connors: Excuse me. . . Council Member Shaw: Do you ever have any problems. Mayor Connors: We discussed Pennsylvania Avenue and 14th Street before, and I was the lone wolf that time too. I also feel that Pennsylvania moves too fast and is too heavily traveled. And at the time we discussed it before the theory was advanced that, like on the freeways, when the traffic gets heavy enough, the traffic will slow down. Which doesn't seem like an ideal solution to me, because it means that once the street is clogged nobody can go anywhere. But, I do agree with you on that particular point. Mr. Ashley: Thank you. Mayor Connors: What we are going to do about it is something else again. But I do agree with you. Mr. Ashley: I am not against the man building his homes if it is no worse than it is. It is already not manageable, and with all due respect to you, Councilman Shaw, I don't know where you come in and out at, where your home is in that trailer park, but if it is on 14th Street, you should know what I say is correct. It certainly . . . this gentleman here that came up that lives on Pennsylvania. He already knows it, and he has only lived there a short time. I made the mistake of investing better than $100,000 in that home. It was a mistake. It is a race track. Page 4 S umont City Council August 28, 1989 Council Member Waller: Mr. Ashley, you say that your property is on 14th. Mr. Ashley: There are three of us on 14th, even though he told you they are all on Pennsylvania. Mr. Koules: I said that Mr. Turner's homes are on Pennsylvania. Mr. Ashley: All three of the homes are built by Paul Turner, and they are on. . . Mr. Waller: Are you referring to these. Mr. Ashley: Yes sir. There are three homes that Paul Turner built out of the ten that front, are addressed, and the only way you can get in and out of the front door and /or the driveway is on 14th Street. Mine being the corner. My wife and mine. You have no idea, unless you spend some time there, on that corner, what it is like. Council Member Waller: I do, but it is at 7:00 when I drop my daughter off. Mr. Ashley: Well, you drop your daughter off, so does everybody else. Kids can't get across the street to walk to the school. It truly is not . . . I will feed you all the coffee you want if you want to come and stand at my house. I will take videos of it. It is just the way it is. Why would I b'e here. Council Member McLaughlin: Are you suggesting that we plant cherry trees back and forget it. Mr. Ashley: No, I would suggest that you do something about the traffic that is already there. How are you going to fix it, without bringing anymore. Mayor Connors: Do you feel that we need something there, or do you think we need better enforcement. What is it that you are suggesting. Mr. Ashley: I am not in the business to know. All I know is that you are going to kill people there. You are going to have wrecks. Last year when it snowed, it was, it was . . . we just sat there and watched the fun. There are more cars at that intersection than any other intersection in the City. I know that fora fact. Because everybody brings their kids to the school and back, and back, and back, and back, and back - - three times a day some of them. If you lived there you would sit and watch it. Council Member Shaw: I say again, I have to say again, I have lived in that spot there for seventeen years and I have yet to see an accident at that corner. I can't understand how - you must be there constantly, every minute of the day, but I ride in there quite often. I come back and forth. Mr. Ashley: But I live there. Council Member Shaw: Well I live there too, all I have to do is look over my wall and I can watch that better than you can. Mayor Connors: I don't think it will . . . Council Member Shaw: I can't understand where all this traffic is coming from. Mayor Connors: Mr. Shaw, Mr. Shaw and Mr. Ashley. I don't think it will help for the two of you to argue about it. We know how each of you feels. Page 5 iumont City Council August 28, 1989 Mr. Ashley: No it won't. All I will say is so far as the man building his homes there, that is fine, if he does a good job constructing them, but the traffic, what are you going to do with the people. You already are so overcrowded that you can't get in and out of my driveway. You are already so overcrowded that Pennsylvania Avenue is just constant. 14th even worse. Council Member Waller: Mr. Bounds. Isn't it - remember when we had all this controversy on Beaumont Avenue, and there was a request by members of the City to slow it down. The traffic study, as I remember, had to be, first of all, done, and then, with the traffic study it was determined whether or not a stop sign or a lowering of the speed limit -- but, we could not lower it if the traffic was at that rate of speed that it is at. It is like a catch 22, as I remember it. City Manager: According to the California Vehicle Code, we cannot cite a person if we lower the speed limit lower than a traffic study shows the people are moving - and there is a percentile that you use, and so forth. We have found that we could not lower Pennsylvania. We did an all out effort of writing citations on Beaumont, Sixth, Pennsylvania and 14th, thinking that might slow it down, it didn't slow it down, they just paid the fines and kept going. Council Member Waller: And, a lot of times, the major part of the traffic is before school and after school and, as I remember, we had a traffic officer at one time but he said City Manager: We can not do what you are talking about - selective enforcement. . . Council Member Waller: Yes, selective enforcement . City Manager: You can't go while they are going to school only. You are going to have to put an officer there and they spend hours so that no one can bring up selective enforcement. The same thing at lunch time. The same thing when school is out. Council Member Waller: Now this is. . . City Manager: That is selective enforcement . . . Council Member Waller: in order to collect the fee. City Manager: Well, the judge just throws it out. Council Member Waller: Well, okay, but I mean the Vehicle Code City Manager: The vehicle code is the State code that we have to abide by. And that is the way the speed limits are set in Beaumont. By traffic study in an unmarked car. Council Member Waller: Your major contention is the traffic and this speed on 14th isn't it. Mr. Ashley: 14th and corning around the corner on Pennsylvania, it is constant. It is all day, all evening, all night. Council Member Waller: Pennsylvania has a stop sign, whereas 14th doesn't, well, 1 mean . . . Mr. Ashley: That's right. Pennsylvania has a stop sign, but where the white line is on the intersection, a person coming down 14th Street - it is almost impossible for them to make a corner on to Pennsylvania, going -- well, you know, the white line sticks so far that you have to . . . and it is just constant skidding and squealing and racing through there. Page 6 Beaumont City Council August 28, 1989 Council Member Waller: I have, in fact, signaled the person to go on ahead because they have got their front end sticking out so far. Mr. Ashley: It is only a block until they have to stop, and you can imagine the people - the kids can't cross there to go to school. Mayor Connors: Mr. McLaughlin, did you want to say something. Council Member McLaughlin: Well, I was going to ask Steve, is maybe this gentleman doesn't realize, but if he points out on this map, 14th Street will be widened a little bit, with a wall in which none of the housing tract here will be going out onto 14th Street. It will be - they will come into this collecting street and be coming back into Pennsylvania off the corner. Do you feel that is a help in what you are talking about. Mr. Ashley: For that number of people, certainly. They are going to come in there. But, where are they going to go. Council Member McLaughlin: Well, I don't know. You aren't going to control everybody's traffic anymore than we control where you go. You know what I am saying. Mr. Ashley: The thing is, if you lived there, and if you watched, and if you listened, like we have to, you wonder where in the world is 8,000 people going and coming from past that intersection in a 24 hour period. Where do they come from, where are they going. Council Member Waller: They are just in a circle, that is it. Mr. Ashley: Well there must be somebody that drives all day long. It truly is more than what you would think. We bought and had a home built. Not realizing that - we had to move in last October, and it was a mistake. Council Member Waller: Mr. Koules. I am sorry, Mayor Connors. Can I ask a question. Mayor Connors: Yes. Council Member Waller: Can you, in about two minutes, explain the process that we go through to determine the negative declaration on the issue of traffic. I mean, do we just put an "x" there, or is there an actual study. That, I am sure, this gentleman. . . Mr. Koules: There is no actual, Madame Chairman, there is no actual study. Obviously it is done on a subjective basis unless the project is big enough where we can require from the applicant a focused EIR, or an abbreviated EIR. But traditionally on subdivisions such as this size most jurisdictions do not ask for anything extensive. Mayor Connors: Mr. Bounds. City Manager: One of the things that may help the Council, we are working with the Deutsch Company's environmental, specific plan, and annexation to the City. We have worked with the Deutsch people and they are in agreement that 14th Street will be extended to Highland Springs Road as one way to help get people from this part of the City out to a leg to the Interstate quicker. Council Member Waller: Is that going to be like this. Page 7 E umont City Council August 28, 1989 City Manager: No, it will go straight - well, it won't be just exactly straight because - as a matter of fact I hope that it has some cervertic to it just for the decorative look, rather than just have it straight. Also, we have started talking to the Planning Department in Banning about the possibility of connecting with that street and carrying it on to the east. Hoping that 14th Street can finally become one of the east /west thoroughfares to allow people to more easily get to where they are going rather than, in our case, everybody go down to 6th Street or I -10 to get out. We get a lot of traffic through from Cherry Valley on Cherry Avenue. It comes down, hits 14th and turns on Penn Ave. We know that the Beaumont Avenue /14th Street, all of those people aren't from the City today. And it is going to continue to grow as the area grows. And if we stop building, and Cherry Valley continues to build, it is not going to change our traffic patterns. So we have to do things that will try to alleviate these types of things. And that is what we are striving to do. It is very difficult when you have an older City, that was built and was actually designed - many of the streets - carrying the same design that they had in the 1800s, and we have inherited those, and we must work with them until we can solve some of the traffic problems that are always going to be on us at this point. They are not all of our making, as I mentioned. They are other people's making as well. But we can't stop the use of people's land while we are trying to get ways to get people out of the core area of the City, and I call this the core area because what we are doing, is we are causing people to go in a north /south direction someway, to get out, or to get their shopping done, or whatever they need to do. Very few people are coming just to the north other than to take people to school or, in some cases, to shop at 14th and Beaumont Avenue. So, we recognize that that is a problem. We don't have all the solutions. We don't have enough police officers that we can assign one or two out there at all times. Council Member Shaw: The only solution that I know, Bob, would be like a stop light, but that is very costly. City Manager: A stop light at a three - legged intersection is not very good. It doesn't really control. And stop signs just means more people are going to . . . Mr. Ashley: I won't take any more of your time. You are going to do what you are going to do anyhow, but my concern is that we had no idea when we moved in what it was like. And I am sure none of you have any idea what it is like, even though this gentleman lives near there. It is a racetrack now there. In the evening, I am told there are only two policeman on duty. City Manager: That is not true, sir, I am sorry. Mr. Ashley: Well, that's . . . City Manager: I know what the schedule is, so I am sorry. Mr. Ashley: Okay, that is according to the policeman that I asked. City Manager: Well, I am going to tell you that that is not true. Mr. Ashley: Well, we don't have them up there during the evenings, especially during the rush hours. As I say, I thank you for your time. I have nothing against this gentleman's homes. I hope I can get some of the cherry trees when he cuts them down. But what are you going to do with the traffic. You are already over the limit now. Thank you. Page 8 Beaumont City Council August 28, 1989 Mayor Connors: Thank you. We appreciate your coming up. Mr. Garcia: I would like to point out some of the things that we are doing to try to- well, first of all, we are meeting all of the requirements of the City Engineer and everything else. We have a block wall that goes around all - we have no ingress or egress on 14th, and the back property, Cherry, will have no ingress or egress. There will be a continuous block wall surrounding that. We are getting away with widening the street, as Mr. Bounds indicated to you. We are putting a round corner there, hopefully to open up that intersection so the traffic problem, as the gentleman is indicating, won't be as severe. If it is a square corner, he is probably right, the right line is in the way, but if we round that corner off we will get a lot better visibility. And I think that the traffic flow will be good, and I use that street considerably myself, and I don't remember it a recetrack, or 8,000 cars, but, you know, I thank you. Mr. Ashley: Might I address one thing further. If I were to bring you a traffic count, what would you do then. Mayor Connors: Would you come back to the microphone. Mr. Ashley: If I were to bring you a traffic count . Mayor Connors: From where. From where? Mr. Ashley: From that corner. Mayor Connors: Who is going to count the traffic. Mr. Ashley: Well I can count. I can take my shoes off. We already have more traffic than what that corner will take. What are you going to do with the people that are living there in the new homes. City Manager: Mayor Connors, Pennsylvania and the width of traffic count that will exceo those two streets. And if he will not come up that high. know what . . . I can assure you that the width of 14th, that we will not come up to a :d what is the recommended usage of counts from now, for six months, it We have traffic counts on it. We Mr. Ashley: I'm bucking somebody that knows what he is talking about. I am sorry. City Manager: We have done traffic counts, and we know what we have got, and we know that they are under the normal traffic flow. Speed is a different thing. I can't control it totally. Mayor Connors: Do we have a traffic count that is available for him to see. City Manager: I can - the closest one that we have, I think, is down at 8th and Penn Ave., which is almost similar, because very few people get off going northbound. We can do traffic counts. If you want to see another traffic count, but I can assure you the City Engineer as well as I are well aware that it is not even close. And I think we discussed this when we discussed the apartments on 8th and Pennsylvania, and it wasn't close. Mayor Connors: Yes, we did, but we already - excuse me - but we already have one completed that he could see, that is fairly recent. City Manager: I will have to look at the timing, but it doesn't change that much. It can't change that much. Mayor Connors: No, but I just thought, perhaps, that might help, if he could see what the traffic count there actually is. City Manager: Well, then there is an argument of what the street Addendum 9 -A Beaumont City Council August 28, 1989 will hold. Mayor Connors: Yes. City Manager: I will be glad to work on a project of education, if that is necessary, to show what streets can handle with those widths, and the traffic counts, if that is what you would like for me to do. Mayor Connors: Well, I am not really interested in going into a whole lot of expense and work and so forth to prove something that we might already be able to tell him. And I don't think he is interested in that either, as a taxpayer. But I thought it might help if he could see something that we have already done showing . City Manager: But he has indicated already that the traffic is too high, and the street will not take it. I am telling him that we have done this so many times now that it is pathetic, and the street has a great deal of increase that can be on it to even cover the cost that the City has put into the street in years past. Those are two wide streets. I would be glad to get them, and then if we need to philosophy, we would do that, but we go by traffic count, widths of street. CalTrans puts out some of the material. Regular engineering puts out some of this kind of material, and if that is what you would like, that is what we can do. But I can assure you, the City Engineer will be here in a few minutes. If you would like to here it from him, neither street is near capacity. I know the gentleman doesn't like to hear that, but I am sorry I have to look at it in another realm totally. Mayor Connors: I think maybe the difference is that you would like to see streets that handle less traffic. But if that street couldn't handle as much traffic you would be happier with it. Are you satisfied with the explanation that you are getting here. Mr. Ashley: No. Mayor Connors: No, is there anything more that we can do. . . Council Member Shaw: You have covered all three times now, can I say my piece now. Mayor Connors: Just a minute. Just a minute. Is there anything else that we can do to satisfy . . . Mr. Ashley: At least have a crosswalk so that you don't kill kids. Mayor Connors: No, I mean to satisfy you with this explanation. Mr. Ashley: It is irrelevant. No. I am satisfied. You are going to do what you want to do anyhow. City Manager: The school district does not want crosswalks in the middle or on a three - legged intersection. Mayor Connors: I know. City Manager: The crosswalks are at Michigan, and we work with the school district on those to try to funnel people in a particular direction. As a matter of fact the school bus picks up the children for the smaller grades down at Michigan for that purpose, rather than pick them up in a tighter intersection. Mayor Connors: Mr. Shaw. Council Member Shaw: No, I will skip it. Addendum 9 -b Beaumont City Council August 28, 1989 Mayor Connors: All right, is there anyone else that wishes to speak in opposition to Item No. 6. Anyone else wishing to speak at all on Item No. 6. Anyone else wishing to speak at all. Then we will close the public hearing at 7:43. END OF TRANSCRIPT Addendum 9 -C Beaumont City Council August 28, 1989 NOTE: The balance of the verbatim transcript on Agenda Item No. 6 public hearing will be furnished to you Monday night to be included with the minutes at that time. The public hearing was closed at 7:43 P.M. a. Consideration of Adoption of Negative Declaration 89- ND -11. Motion by Council Member McLaughlin, second by Council Member Bauer, to adopt Negative Declaration 89- ND -11. AYES: Council Member Bauer, Mclaughlin, Shaw and Mayor Connors. NOES: Council Member Waller. ABSTAIN None. ABSENT: None. b. Consideration of Approval of Tentative Tract Map 24621. Motion by Council Member Bauer, second by Council Member Shaw, to approve Tentative Tract Map 24621, subject to the conditions of approval as amended by the Planning Commission on August 15, 1989. AYES: Council Member Bauer, Mclaughlin, Shaw and Mayor Connors. NOES: Council Member Waller. ABSTAIN None. ABSENT: None. END PUBLIC HEARINGS. 7. Consider Approving Interim and Alternative Plans for Highland Springs Avenue Between the Railroad Tracks and First Street, and Authorize the City Manager to Negotiate an Agreement with the City of Banning for the Improvements and Maintenance of the Median. The City Manager presented his report on this proposal, a copy of which is a matter of record in the Clerk's file. Motion by Council Member Bauer, second by Council Member Waller, to approve the interim improvements for Highland Springs Avenue, and direct the City Manager to prepare an agreement for Council approval. AYES: Council Member Bauer, Mclaughlin, Shaw, Waller and Mayor Connors. 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. a. Approval of Minutes of Regular City Council Meeting of August 14, 1989. b. Acceptance of Minutes of Regular Planning,Commission Meeting of July 5, 1989. C. Approval of Warrants as Audited per Warrant List of August 28, 1989, in the amount of $174,114.28; and Payroll of August 17, 1989, in the amount of $60,358.78. d. Consideration of Adoption of Notice of Exemption for Stewart Park Sprinkler Renovation (Phase 1). Page 9 Beaumont City Council August 28, 1989 e. RESOLUTION NO. 1989 -49 - Approving the Application for Grant Funds for the Per Capita Grant Program Under the California Wildlife, Coastal, and Park Land Conservation Act of 1986 for Stewart Park Sprinkler Renovation (Phase I). f. Consideration of Adoption of Notice of Exemption for Stewart Park Sprinkler Renovation (Phase II). g. RESOLUTION NO. 1989 -50 - Approving the Application for Grant Funds for the Per Capita Grant Program Under the California Wildlife, Coastal, and Park Land Conservation Act of 1988 for Stewart Park Sprinkler Renovation (Phase II). h. Report of Planning Commission Action at Regular Meeting of August 15, 1989. Motion by Council Member McLaughlin, second by Council Member Bauer, to adopt the Consent Calendar. AYES: Council Member Bauer, Mclaughlin, Shaw, Waller and Mayor Connors. NOES: None. ABSTAIN None. ABSENT: None. 9. Set date for Budget Hearing. It was the consensus of the City Council to call a special meeting f-or Tuesday, September 5, 1989, at 4:00 P.M., for review of the proposed 1989 -90 budget. 10. Recess to Closed Session: a. Pursuant to Government Code Section 54956.9(b)(1) to confer with its attorney regarding significant exposure to litigation. b. Pursuant to Government Code Section 54956.8 to Give Instructions to the City's Negotiator Regarding Negotiations with Western Poultry Concerning the Purchase of Property Located adjacent to the City Corporation Yard on 4th Street. The meeting was recessed to Closed Session at 8:17 P.M. The meeting was reconvened to Regular Session at 9:47 P.M. Let the record show direction was given to the City Manager, but no definitive action was taken in Closed Session. Date set for Joint Study Session with Beaumont School District Board of Trustees, Tuesday, August 29, 1989, at 7:00 P.M., in the School District Board Room, 130 E. 5th Street, Beaumont. Date set for next regular Council Meeting, Monday, September 11, 1989, 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 9:48 P.M. Respectfully submitted, BEAUMONT CITY COUNCIL MINUTES OF SPECIAL MEETING OF SEPTEMBER 5, 1989 The Beaumont City Council met in a special meeting at 4:08 P.M., on Tuesday, September 5, 1989, in the City Council Chambers, with Mayor Connors presiding. On roll call the following Council Members were present: Bauer, McLaughlin, Shaw and Mayor Connors. Let the record show Council Member Waller arrived at 5:10 P.M. 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 1989 -90 Budget. The City Manager opened the discussion concerning the proposed budget by calling attention to Page 1, General Fund and Restricted funds, with an explanation as to the utilization of this revenue, and the laws applicable to how a City can spend monies, and continued with a general explanation of the revenue and expenditures shown in the proposed budget. The City Manager pointed out that, as in the past budgets he had prepared for the Council, we would start with what is called a deficit budget, however, also as in the past, as promised, the City will end the year in the black, and probably will have more money in the beginning balance for the following year then was given to them as the beginning balance this year. (As an example, about $300,000 was brought back this year). It is truly not a deficit budget. The City Council then reviewed the preliminary budget, department by department. 1050 - City Council: Mayor Connors requested that the City Council budget be by- passed at this time, in order to give Council Member Waller the opportunity to be present at the time it is discussed. It was also noted that since the Chamber of Commerce representatives were present at this time, discussion might start with the portion of the budget which applies to them. It was a consensus of the Council to start discussion with 1450 - General Government: 1450 - General Government: It was noted that at the present time the Chamber of Commerce receives $10,000.00 from the City, and this is the amount they have received for some time. Mayor Connors opened the discussion, with a request to the Chamber to provide information showing what the present allocation of $10,000 is being spent for. Mr. Lyle Millage, President of the Chamber of Commerce provided a copy of the Chamber of Commerce budget for calendar year 1989 to the Council. Page 1 Mr. Millage then reviewed questions as they were asked b y Sedberry, Executive Director discussion. Bf._umont City Council September 5, 1989 the budget, answering specific the Mayor and Council, with Mike of the Chamber, joining in the At the conclusion of the Chamber's presentation, Mr. Millage brought forward the Chamber's request for an allocation by the Council of 50% of the bed tax receipts to the Chamber. Mayor Connors expressed that she was in favor of a percentage type allocation, although the exact amount of that percentage had yet to be determined. She then opened the matter for discussion by the Council. Council Member Bauer indicated he had studied the use of bed tax receipts, not only to finance the Chamber of Commerce, but also for community promotion by the City itself in the City Manager's budget, the City Council budget and the General Government budget. In order to clarify how the City has been using the money, he displayed a number of items which the City has purchased to use for community promotion, including the very effective aerial brochure being used at the present time. Mr. Bauer concluded that he would not want to deprive the City's community promotion budget, which is being used very effectively, although he is not against the possibility of establishing a percentage allocation for the Chamber. He recommended 40 %, using the previous year's bed tax receipts as the basis for payment, since the current year's receipts are estimated. Council Member McLaughlin commented that he is new on the Council, but he did serve on the 75th Committee, and although he did not know where the funding for the 75th anniversary came from, the money was used very effectively, as the 75th anniversary celebration was a success. He then asked if there are any other sources for funding of the Chamber, with the City Manager replying that all funding is from bed tax funds, which totaled $28,534.08 in fiscal year 1988 -89. A lengthy discussion followed concerning bed tax receipts and various ways and means of allocating a percentage amount to the Chamber. Questions were asked of the Chamber representatives by the Council concerning other funding available to them, how the funds received from the City are used, and what services are provided to the City as promotion. Motion by Council Member Bauer, second by Council Member McLaughlin, to allocate 40% of the bed tax receipts to the Chamber of Commerce, based on the previous year's receipts. AYES: Council Member Bauer, McLaughlin and Shaw. NOES: Mayor Connors. ABSTAIN: None. ABSENT: Council Member Waller. The meeting was recessed at 5:05, reconvening at 5:23 P.M. Let the record show Council Member Shaw was excused from the meeting at 5 :05 P.M., with an indication from Council Member Shaw that he had no objection to the balance of the Council discussing and taking action on the City Council budget in his absence. 1150 - City Council: The subject of the City Council salary was brought up, with the City Manager advising that Government Code allows Council salary to be set at $300.00 per month for cities under 35,000 population, and the salary for the Beaumont City Council has been set at $150.00 per month for at least ten or more years. Page 2 -eaumont City Council September 5, 1989 Discussion covered an increase in Council salaries, full compensation for spouse expenses and increase of City mileage rate to 240 per mile. The City Manager advised that if these changes were contemplated, two separate resolutions would be required for spouse expenses and the mileage rate, and an ordinance for the salary change. Motion by Council Member Waller, second by Mayor Connors, to increase the City Council salaries to $300.00 per month, as allowed by Government Code, to become effective November 10, 1989; pay spouse expenses fully under travel, training and meetings; and increase the City mileage reimbursement rate to 240 per mile. AYES: Council Member Bauer, McLaughlin, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw. In continuing their review of the budget, as each department was reviewed, questions were asked by the Council, answers and information given by the City Manager, with either no changes made to the proposed budget, or changes made as indicated. 1100 - City Manager - No changes. 1150 - City Clerk - No Changes. 1200 - Administrative Services: Delete one Senior Account Clerk at $24,143.00. The meeting was recessed at 5:57 P.M, reconvening at 6:09 P.M. 1300 - City Attorney - No changes. 1350 - Community Development - No changes. 1450 - General Government: Full time custodian added. (Note: Community Promotion decreased to $9,586 and Chamber of Commerce increased to $11,414 by previous motion). Insurance decreased to $100,000 by City Manager. 2050 - Police: Radio Console decreased to 4,222 at recommendation of City Manager. No other changes to City Manager recommendations. 2100 - Fire: Vehicle Maintenance decreased to -0- due to error. No other changes. 2150 - Building Inspection: Travel, Training & Meetings decreased to -0- and Fuel & Oil decreased to $200.00 due to the change to contract service. 3100 - Public Works: Phone answering machine deleted, with the answering machine belonging to the Council transferred to Public Works. 3250 - Street Maintenance - No changes. 3350 - Street Lighting - No changes. 4050 - Sewer Service - No changes. The meeting was recessed at 7 :40 P.M., reconvening at 7:53 P.M. 4500 - Sanitation - No changes. 5050 - Vehicle Maintenance: Telephone corrected to read $1,800; 2 -Ton Floor Jack for $258, added back into capital expenditures. Page 3 Beaumont City Council September 5, 1989 6050 - Parks - No changes. 6100 - Senior Center - No changes. 6150 - Pool - No changes. 7000 - Transit - No changes. The City Manager once again summarized the proposed budget, explaining the appearance of a deficit budget. He then indicated he would be prepared to bring the final document back to the Council for adoption on September 11. Direction was given to the City Manager to schedule the budget for adoption on September 11, along with resolutions for mileage reimbursement and spouse expenses, and an ordinance setting Council salaries. The City Manager advised the closed session was placed on the agenda in the event it was needed, but there is no need to recess to closed session. There being no further business to come before the Council, on motion by Council Member Waller, the meeting was adjourned at 8:35 P.M. Respectfully submitted, 9-- Cit Clerk Page 4 BEAUMONT CITY COUNCIL MINUTES OF SEPTEMBER 11, 1989 The Beaumont City Council met in a regular meeting at 7:00 P.M., on Monday, August 28, 1989, in the City Council Chambers, with Mayor Connors presiding. On roll call the following Council Members were present: Bauer, McLaughlin and Mayor Connors. Let the record show Council Member Shaw was excused, and Council Member Waller arrived at 7:05 P.M. The Invocation was given by Council Member Bauer. 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. APPEAL of Planning Commission Approval of Minor Plot Plan 89- MPP -8 9 to install a modular office at 202 E. Third Street. Applicant: Mr. and Mrs. David Schuelke. Appellant: Mayor Ann Connors. A number of questions were asked by the Mayor and members of the Council, with the Community Development Director, City Manager and City Attorney responding. Mrs. Emeline Schuelke, the applicant, presented lengthy testimony concerning the events preceding the submittal of her application for Minor Plot Plan 89- MPP -8, as well as justification for her request to install a modular office at 202 E. Third Street, answering questions from the Council as they arose. The Council continued their discussion, with comments from the Mayor and all Council Members clarifying their understanding of the situation based on information and testimony received thus far, with an opinion rendered by the City Attorney concerning the issue at hand. At the request of the Council, the City Engineer presented his justification for the conditions of approval submitted by his office. Motion by Council Member Bauer, second by Council Member McLaughlin, to approve the application for Minor Plot Plan 89- MPP-8, subject to the conditions of approval of June 28, 1989. AYES: Council Member Bauer, McLaughlin, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw. Page 1 Beaumont City Council September 11, 1989 The meeting was recessed at 9 :12 P.M., reconvening at 9:23 P.M. 5. Consideration of Claim Filed by Darrell Walls. The staff recommendation was presented by the City Manager, a copy of which is a matter of record in the Clerk's file. Motion by Council Member McLaughlin, second by Council Member Bauer, to reject the claim filed by Darrell Walls, based on the finding that it is impossible to adequately evaluate the claim without extensive discovery. AYES: Council Member Bauer, McLaughlin, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw. 6. ORDINANCE NO. 678 - FIRST READING - Repealing Sections 2.08.100, 2.08.110, 2.08.120, 2.08.130 and 2.08.140 of the Beaumont Municipal Code, and Adding New Sections 2.08.100 and 2.08.110, Providing For The Payment of Salaries To Members Of The City Council Of The City Of Beaumont. Motion to Read Ordinance No. 678 by Title only. Motion by Council Member Bauer, second by Council Member Waller, to read Ordinance No. 678 by title only. AYES: Council Member Bauer, McLaughlin, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw. The Ordinance title had been read by Mayor Connors in introducing the agenda item. Motion to Approve Ordinance No. 678 at its first reading. Motion by Council Member McLaughlin, second by Council Member Bauer, to approve Ordinance No. 678 at its first reading. AYES: Council Member Bauer, McLaughlin, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw. 7. Consideration of Adoption of Budget for Fiscal Year 1989 -90. The City Manager indicated the changes had been made in the budget as a result of the special meeting held on September 5, 1989, and they were being presented with a total budget from all revenue sources of $5,198,132, and from the General Fund, which is only a portion of that total budget, expending $3,813,912. Motion by Council Member McLaughlin, second by Council Member Waller, to adopt a budget for all City funds in the amount of $5,198,132, with General Fund expenditures of $3,813.912, for Fiscal Year 1989 -90. AYES: Council Member Bauer, McLaughlin, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw. 8. RESOLUTION NO. 1989 -51 - Establishing a Mileage Reimbursement Rate. Motion by Council Member Bauer, second by Council Member Waller, to adopt Resolution No. 1989 -51. Page 2 Beaumont City Council September 11, 1989 AYES: Council Member Bauer, McLaughlin, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw. 9. Designation of Voting Delegate and Voting Alternate for League of California Cities Annual Conference. Motion by Council Member McLaughlin, second by Council Member Waller, to designate Mayor Connors as the voting delegate, and Mayor Pro Tem Bauer as the voting alternate, for the League of California Cities Annual Conference in San Francisco, October 21- 25, 1989. AYES: Council Member Bauer, McLaughlin, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw. 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 August 28, 1989. b. Approval of Warrants as Audited per Warrant List of September 11, 1989, in the amount of $67,000.65; and Payroll of August 31, 1989, in the amount of $60,330.48. C. RESOLUTION NO. 1989 -52 - Ordering Territory Designated as LAFCO No. 89 -13 -3, City of Beaumont 88- ANX -3 -41, Annexed to the City of Beaumont. Applicant: Aware Development Company, Inc. Location: 9.83 acres on the West side of Sunnyslope Avenue, North of Cougar Way, and South of Brookside Avenue. Motion by Council Member Waller, second by Council Member Bauer, to adopt the Consent Calendar. AYES: Council Member Bauer, McLaughlin, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw. Date Set for Next Regular Council Meeting, Monday, September 25, 1989, 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 9:40 P.M. e pectfully submitted, ity Clerk Page 3 BEAUMONT CITY COUNCIL MINUTES OF SEPTEMBER 25, 1989 The Beaumont City Council met in a regular meeting at 7:05 P.M., on Monday, September 25, 1989, in the City Council Chambers, with Mayor Connors presiding. On roll call the following Council Members were present: Bauer, Waller and Mayor Connors. Let the record show Council Members McLaughlin and Shaw were excused. The Invocation was given by Council Member Waller. 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 There being no objections, at the request of Council Member Waller, Agenda Item No. 9 will be taken out of sequence and considered prior to Agenda Item No. 4. 3. ORAL COMMUNICATION: 0 4. There was no one requesting to speak during oral communication. Request from Mayor Connors for Consideration of Donation to Pass Area Drug Abuse Council to Assist with Red Ribbon Week. Mayor Connors clarified this request is actually being made by the Pass Area Drug Abuse Council. She then informed the Council of the types of activities they are proposing to sponsor during red ribbon week this year, with the approximate cost of all activities being $7,000.00 (including $3,700.00 for the calendars to be distributed). A $1,000.00 donation was received from each City last year. Council Member Waller stated that $1,000.00 to assist the Drug Council would certainly be money well spent, but, again, he would like to see the City, along with possibly the Recreation District and School District, sponsor some type of activity program for the youth of the community, as this could act as a deterrent against drug use by the youth. Motion by Council Member Bauer, second by Council Member Waller, to authorize a donation to the Pass Area Drug Abuse Council of $1,000.00. AYES: Council Member Bauer, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member McLaughlin and Shaw. Request from Beaumont Unified School District for Fee Exempt Use of Gymnasium. The City Manager presented his report, a copy of which is a matter of record in the Clerk's file. It was the consensus of the Council that it did not appear to be appropriate to waive facility fees, as a result no action was taken on this request. Page 1 Beaumont City Council September 25, 1989 5. ORDINANCE NO. 678 - SECOND READING - Repealing Sections 2.08.100, 2.08.110, 2.08.120, 2.08.130 and 2.08.140 of the Beaumont Municipal Code, and Adding New Sections 2.08.100 and 2.08.110, Providing for the Payment of Salaries to Members of the City Council of the City of Beaumont. Motion to Read Ordinance No. 678 by title only. Motion by Mayor Connors, second by Council Member Bauer, to read Ordinance No. 678 by title only. AYES: Council Member Bauer, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member McLaughlin and Shaw. The Ordinance was read by title only by the Deputy City Clerk. Motion to Adopt Ordinance No. 678 at its second reading. Motion by Council Member Waller, second by Council Member Bauer, to adopt Ordinance No. 678 at its second reading. AYES: Council Member Bauer, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member McLaughlin and Shaw. 6. RESOLUTION NO. 1989 -55 - Setting Forth an Appropriations Limit for 1989 -90 Consistent with Article XIII of the California Constitution and Giving Notice of Availability of Information Supporting Said Determination. A report was received from the City Manager, a copy of which report is a matter of record in the Clerk's file. Motion by Council Member Bauer, second by Council Member Waller, to adopt Resolution No. 1989 -55. AYES: Council Member Bauer, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member McLaughlin and Shaw. 7. RESOLUTION NO. 1989 -56 - Establishing Special Fund and Making Appointments in a Community Facilities District. The City Manager presented his report, a copy of which is a matter of record in the Clerk's file. There were favorable comments from each of the Council Members concerning the adoption of this resolution. Motion by Council Member Bauer, second by Council Member Waller, to adopt Resolution No. 1989 -56. AYES: Council Member Bauer, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member McLaughlin and Shaw. 8. Consideration of Recommendation to Increase Transit Budget. The City Manager presented his justification for this increase, with the Council agreeing the additional bus is needed. This justification is a matter of record in the Clerk's file. He did clarify for the Council that the County of Riverside shares the cost of the transit system with the City, with all funding coming from the Article 4 (Gas Tax) monies. There is no General Fund money involved. Page 2 Beaumont City Council September 25, 1989 Motion by Council Member Bauer, second by Council Member Waller, to increase the transit budget by a total of $58,550.00. AYES: Council Member Bauer, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member McLaughlin and Shaw. 9. This agenda item was heard out of sequence prior to Agenda Item No. 4. 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 Special City Council Meeting of September 5, 1989, and Regular City Council Meeting of September 11, 1989. b. Acceptance of Minutes of Regular Planning Commission Meeting of August 15, 1989. C. Approval of Warrants as Audited per September 25, 1989, in the amount of Payroll of September 14, 1989, in the am( d. RESOLUTION NO. 1989 -53 - Approving Final and Authorizing Recordation of Same. Development. Warrant List of $233,016.27; and )unt of $53,363.79. Tract Map 23161 -1, Applicant: WDS e. RESOLUTION NO. 1989 -54 - Adding Two Additional Job Titles to the City's Work Force, and Establishing Salary Ranges for Said Job Titles. f. Report of Planning Commission Action at Regular Meeting of September 19, 1989. Motion by Council Member Waller, second by Council Member Bauer, to adopt the Consent Calendar. AYES: Council Member Bauer, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member McLaughlin and Shaw. 11. Recess to Closed Session Pursuant to Government Code Section 54957 To Consider Personnel Matters. The meeting was recessed to closed session at 7:40 P.M. The meeting was reconvened to regular session at 8:54 P.M. Let the Record Show Action in Closed Session. Let the record show that during closed session direction was given to staff to prepare a resolution removing the members of the Planning Commission as currently constituted, and to have the City Council assume its functions until a new Commission is appointed. Date set for Special Council Meeting to hear the above - mentioned item will be Wednesday, October 4, 1989, at 7:00 P.M., in the City Council Chambers. Date Set for Next Regular Council Meeting, Monday, October 9, 1989, at 7:00 P.M., in the City Council Chambers. Page 3 Beaumont City Council September 25, 1989 It was also the consensus of the Council to hold a special Council meeting on Tuesday, October 17, 1989, in place of the regular meeting of October 23, since the majority of the Council will be attending the League of California Cities annual conference on October 23. There being no further business to come before the Council, on motion by Council Member Waller, the meeting was adjourned at 9:00 P.M. RespActfully submitted, y Ller Page 4 BEAUMONT CITY COUNCIL MINUTES OF SPECIAL MEETING OF OCTOBER 4, 1989 The Beaumont City Council met in a special meeting at 7:00 P.M., on Wednesday, October 4, 1989, in the City Council Chambers, with Mayor Connors presiding. On roll call the following Council Members were present: Bauer, McLaughlin, Waller and Mayor Connors. Let the record show Council Member Shaw was excused. 1. Clerk's Affidavit of Posting. The Clerk's affidavit of posting the agenda was a matter of record in the Clerk's file. 2. RESOLUTION NO. 1989 -57 - A Resolution of the City Council of the City of Beaumont, California, Providing for the Removal Of All Members of the Planning Commission of the City of Beaumont Now Serving, and Designation of the City Council to serve as the Planning Commission. Comments were made by Council Member Waller suggesting an alternative to removal of the entire planning commission, and a statement was presented by Mayor Connors concerning the inaccuracy of facts included in recent newspaper articles. A copy of Mayor Connor's statement is a matter of record in the Clerk's file. Motion by Council Member Bauer, second by Council Member McLaughlin, to adopt Resolution No. 1989 -57. AYES: Council Member Bauer, McLaughlin and Mayor Connors. NOES: Council Member Waller. ABSTAIN: None. ABSENT: Council Member Shaw. There being no further business to come before the Council, on motion by Council Member Waller, the meeting was adjourned at 7:08 P.M. Respectfully submitted, 4� City Clerk BEAUMONT CITY COUNCIL MINUTES OF SPECIAL MEETING OF OCTOBER 41 1989 (As Amended) The Beaumont City Council met in a special meeting at 7:00 P.M., on Wednesday, October 4, 1989, in the City Council Chambers, with Mayor Connors presiding. On roll call the following Council Members were present: Bauer, McLaughlin, Waller and Mayor Connors. Let the record show Council Member Shaw was excused. 1. Clerk's Affidavit of Posting. The Clerk's affidavit of posting the agenda was a matter of record in the Clerk's file. 2. RESOLUTION NO. 1989 -57 - A Resolution of the City Council of the City of Beaumont, California, Providing for the Removal Of All Members of the Planning Commission of the City of Beaumont Now Serving, and Designation of the City Council to serve as the Planning Commission. Comments were made by Council Member Waller suggesting an alternative to removal of the entire planning commission, and a statement was presented by Mayor Connors concerning the inaccuracy of facts included in recent newspaper articles, *and addressed the reasons for the removal of the Planning Commissioners.* ( *Added to the minutes at the request of Mayor Connors prior to approval of the minutes on October 9, 1989). A copy of Mayor Connor's statement is a matter of record in the Clerk's file. Motion by Council Member Bauer, second by Council Member McLaughlin, to adopt Resolution No. 1989 -57. AYES: Council Member Bauer, McLaughlin and Mayor Connors. NOES: Council Member Waller. ABSTAIN: None. ABSENT: Council Member Shaw. There being no further business to come before the Council, on motion by Council Member Waller, the meeting was adjourned at 7:08 P.M. Respectfully submitted, City Clerk BEAUMONT CITY COUNCIL MINUTES OF OCTOBER 9, 1989 The Beaumont City Council met in a regular meeting at 7:00 P.M., on Monday, October 9, 1989, in the City Council Chambers, with Mayor Connors presiding. On roll call the following Council Members were present: Bauer, McLaughlin, Waller and Mayor Connors. Let the record show Council Member Shaw was excused. The Invocation was given by City Manager Bounds. 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 Waller requested that an item be added to the agenda, as Item No. 2.a, for a discussion of the procedures of Council Meetings, with the City Attorney indicating that we could not add an additional item at this point to the agenda, because it had not been agendized at the time the agenda was posted, pursuant to the Brown Act. Council Member Waller then stated he would address the item under oral communication. 3. ORAL COMMUNICATION: Anyone wishing to address the Council under oral communication, or on any agenda item, should fill out a Request to Speak Form and give it to the Deputy City Clerk at the beginning of the meeting. The forms are available on the railing at the front of the Council Chambers. Council Member Waller, leaving his seat, addressed the Council as a private citizen: My name is Marshal Waller, 1145 E. 9th. The point in question is the procedures that were taken at the last meeting. As I remember, on the item of discussion, it was first asked of me as to whether I had any comments or questions concerning the item, and, at that time, I expressed a concern that there is another possibility, and that would be option number one. With that in mind, I immediately said after that, and I would like to make that in the form of a motion. I think that the tapes would verify the fact that I did say this. From that point on it went to to say, then to Mr. Bauer, wl then at that time he began to time, Madame Mayor, you asked that time, then immediately motion. Mr. McLaughlin, who had some things io also had some things to say, and make a motion, but at that point in if you could speak. You did so at following that, Mr. Bauer made a It seems to me that I had the first motion, therefore, I should be allowed to be recognized, and also be allowed to gain a second if possible, according to Roberts Rules of Order which we, the City Council, are abiding by. Mayor Connors: I don't know whether Roberts of Rules of Order would read that way or not, but I did realize after it had occurred that I should have asked Mr. Bauer to wait until you had had an opportunity to make a motion, but it was an honest error. I didn't mean for that to happen, and I do apologize for it. Mr. Waller: Okay, then may I make that motion at this time. Page 1. 4. 5. Beaumont City Council October 9, 1989 Mayor Connors: I don't think so, because that is not on the agenda. Is that correct. City Attorney: That is definitely not on the posted agenda. I believe with oral communication items our standard procedure is to refer it to staff, or to request that the item be placed as an agenda item on the next meeting, because of the requirement that anything on the agenda be posted for 72 hours, or be in the form of an emergency posting, with notification to the press and certain others After additional discussion relative to procedures regarding a request for a motion to rescind, Mr. Waller requested that the matter concerning the dismissal of the Planning Commission be placed on the agenda of October 17, 1989 for consideration. Council Member Waller was excused at 7:10. Special Presentation of Painting from San Gorgonio Pass Artists. A painting of the Beaumont Library, as it originally appeared in the 1930s, was presented to the City by the artist, Bertha Taylor, and Sylvia Hendon, representing the San Gorgonio Pass Artists organization, which was accepted on behalf of the City by Mayor Connors. PROCLAMATION - Proclaiming Week of October 22- October 29, 1989 as "CALIFORNIA RED RIBBON WEEK" in the City of Beaumont. Motion by Council Member McLaughlin, second by Council Member Bauer, to proclaim the week of October 22- October 29 as "California Red Ribbon Week" in the City of Beaumont. AYES: Council Member Bauer, McLaughlin and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw and Waller. The proclamation was read in its entirety by Mayor Connors. 6. RESOLUTION NO. 1989 -59 - Approving the Designation of the Environmental Health Division of the Riverside County Health Department as the Local Solid Waste Management Enforcement Agency for the County of Riverside. The City Manager presented his staff report with a recommendation for adoption of Resolution No. 1989 -59. There were no comments or questions from the Council. Motion by Council Member Bauer, second by Council Member McLaughlin, to adopt Resolution No. 1989 -59. AYES: Council Member Bauer, McLaughlin and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw and Waller. 7. Consider Approving Lump Sum Payment of $17,040.00 in Conjunction with Workers' Compensation Claim and Medical Retirement of William Frazer. A report was received from the City Manager with recommendation for approval of this payment. There were no comments or questions from the Council. Motion by Council Member McLaughlin, second by Council Member Bauer, to authorize lump sum payment of $17,040.00 in the case of Officer Frazer, for a full compromise and release. Page 2 Beaumont City Council October 9, 1989 AYES: Council Member Bauer, McLaughlin and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw and Waller. 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 September 25, 1989 and Special Council Meeting of October 4, 1989. b. Acceptance of Minutes of Regular Planning Commission Meeting of September 19, 1989. C. Approval of Warrants as Audited per Warrant List of October 9, 1989, in the amount of $103,888.22; Payroll of September 28, 1989, in the amount of $54,454.49; and Special Payroll of October 3, 1989, in the amount of $1,003.24. d. Authorize City Manager to Execute All Necessary Documents for the Lease /Purchase of Five Staff Cars. e. RESOLUTION NO. 1989 -58 - Accepting Offer of Dedication for Fifteen Feet of Additional Right -of -Way Along Highland Springs Avenue, and Ordering Recordation Thereof with County Recorder. RG Development /Garcia (Car Wash). Mayor Connors requested an addition to the minutes of October 4, as follows: Item No. 2, second paragraph, the end of the first sentence, add the statement, "and addressed the reasons for the removal of the Planning Commission ". Motion by Council Member Bauer, second by Council Member McLaughlin, to adopt the Consent Calendar, with the minutes of October 4, 1989 amended as indicated. AYES: Council Member Bauer, McLaughlin and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw and Waller. Set Date for Special Council Meeting, on Tuesday, October 17, 1989, at 7:00 P.M., in the City Council Chambers, and Cancel Regular Council Meeting of October 23, 1989, due to lack of quorum. There being no further business to come before the Council, on motion by Council Member Bauer, the meeting was adjourned at 7:23 P.M. Respectfully submitted, City Clerk Page 3 BEAUMONT CITY COUNCIL MINUTES OF SPECIAL MEETING OF OCTOBER 17, 1989 The Beaumont City Council met in a special meeting at 7:00 P.M., on Tuesday, October 17, 1989, in the City Council Chambers, with Mayor Connors presiding. On roll call the following Council Members were present: Bauer, McLaughlin and Mayor Connors. Let the record show Council Member Shaw was excused, and Council Member Waller arrived at 7:30 P.M. The Invocation was given by Council Member McLaughlin. The Pledge of Allegiance was led by Council Member McLaughlin. 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. - Consideration of Adoption of Ordinance 679 adding Sections 17.20.120, 17.20.121 and 17.20.122 to the Beaumont Municipal Code, providing a new zone classification R -LM (Residential - Low - Medium), allowing up to eight (8) dwelling units to the acre and Consideration of Adoption of Negative Declaration 89- ND -13. Stephen Koules, Director of Community Development, presented his staff report, advising the Council the addition of this zoning classification was needed to bring the zoning ordinance into conformance with the City's General Plan. The public hearing was opened at 7:06 P.M. No one requested to speak regarding this agenda item. The public hearing was closed at 7:07 P.M. a. Consideration of Adoption of Negative Declaration 89- ND -13, finding that adoption of the proposed zone classification will not have a significant impact on the environment. Motion by Council Member McLaughlin, second by Council Member Bauer, to adopt Negative Declaration 89- ND -13. AYES: Council Member Bauer, McLaughlin and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw and Waller. b. ORDINANCE NO. 679 - FIRST READING - adding Sections 17.20.120, 17.20.121 and 17.20.122 to the Beaumont Municipal Code, providing a new zone classification R -LM (Residential - Low- Medium), allowing up to eight (8) dwelling units to the acre. Page 1 ADDITION TO MINUTES OF BEAUMONT CITY COUNCIL OCTOBER 17, 1989 Item No. 8.c, Page 4 of the Minutes, first line of the motion to adopt Resolution No. 1989 -62, is changed to read . "second by Mayor Connors for purposes of discussion ." Respectfully submitted, City rlerk Beaumont City Council October 17, 1989 Motion by Council Member Bauer, second by Council Member McLaughlin, to adopt Ordinance No. 679 was withdrawn. Motion by Council Member Bauer, second by Council Member McLaughlin, to read Ordinance No. 679 by title only. AYES: Council Member Bauer, McLaughlin and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw and Waller. The Ordinance was read by title only by the Deputy City Clerk. Motion by Council Member Bauer, second by Council Member McLaughlin, to approve Ordinance No. 679 at its first reading. AYES: Council Member Bauer, McLaughlin and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw and Waller. 5. Consideration of Approval of Cooperative Agreement with County of Riverside for Home Mortgage Financing Program. A report was received from the City Manager, with recommendation for approval of this cooperative agreement, a copy of which report is a matter of record in the Clerk's file. Favorable comments were made by each Council Member regarding a need for this type of program. Motion by Council Member Bauer, second by Council Member McLaughlin, to approve the Cooperative Agreement with the County of Riverside for the Home Mortgage Financing Program, and authorize the Mayor to execute same. AYES: Council Member Bauer, McLaughlin and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw and Waller. 6. Consider Authorizing City Manager to Contract with John Outcault, Architect, for Services to Prepare Plans and Specifications for Gymnasium Renovation Project. 7. The City Manager presented his report concerning this request, a copy of which is a matter of record in the Clerk's file. Special note was made by Mayor Connors of the excellent work by Mr. Outcault as architect for the police facility, with Council Members Bauer and McLaughlin speaking in favor of both the project, and Mr. Outcault. Motion by Council Member McLaughlin, second by Council Member Bauer, to authorize the City Manager to procure the services of John F. Outcault, Architect, to prepare plans and specifications for the renovation of the gymnasium, in an amount not to exceed $15,000.00. AYES: Council Member Bauer, McLaughlin and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw and Waller. Joint Powers Agreement - Proposed Western Riverside Association of Governments. Mayor Connors advised the Council she had sent information to them concerning the proposed Western Riverside Association of Governments earlier in the summer, along with a letter from the City of Corona giving an opposing viewpoint. In sending this Page 2 Beaumont City Council October 17, 1989 information to the Council, she had underlined and pointed out certain things that were particularly important, and she hoped the Council had had the opportunity to study the letter. She further stated that, in comparing the first draft of the agreement with this newest draft, there have been very few changes made, and in speaking with the Mayor of the City of Corona, they have not changed their opposing position, and had also received letters of support from other cities as well. Council Member Bauer felt this would add another level of government to the structure, with the association having the power to receive monies, build a building, and other entitlements which would allow them to spend the money of the taxpayers. He also pointed out that if a City desired to leave the association, it would take one year and ninety days before it would become effective. Council Member McLaughlin concurred, and felt many more adjustments should be made to the agreement before the City of Beaumont considered joining the association. Mayor Connors noted that if the City Council wanted to join in the Joint Powers Agreement, a motion would be needed, otherwise, no motion would be required. She then asked if anyone wanted to make a motion, with no response from the Council, resulting in no action being taken. Before considering Item No. 8, Mayor Connors asked if anyone had heard from Council Member Waller, and in finding no message had been received from him, asked if the Council wanted to call a recess until it was determined if Mr. Waller would be here, with Council Member McLaughlin suggesting the Council consider the Consent Calendar at this time, and then recess if Mr. Waller had not arrived. 9. OUT OF SEQUENCE. 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 9, 1989. b. Approval of Warrants as Audited per Warrant List of October 17, 1989, in the amount of $73,220.36. Motion by Council Member McLaughlin, second by Council Member Bauer, to consider the Consent Calendar prior to Agenda Item No. 8, and to adopt the Consent Calendar. AYES: Council Member Bauer, McLaughlin and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw and Waller. Let the record show Council Member Waller arrived at 7:30 P.M. 8. OUT OF SEQUENCE Discussion of the Prior Removal of the Planning Commission and its Possible Reinstatement. Mr. Waller discussed the wording of the agenda items with the City Attorney, and the order in which they appear on the agenda, with clarification given by both the City Attorney and City Page 3 Beaumont City Council October 17, 1989 Manager. He then proposed wording for a resolution removing only a portion of the Planning Commission, with assurance from Mayor Connors that his resolution would be considered prior to Agenda Item No. 8.c. The following members of the audience addressed the Council in opposition to removal of the Planning Commission: Bonnie Gerwin, 1406 E. 6th Street. Richard Bruner, 1239 Orange Avenue. Bill Mayer, 770 E. 12th Street. Emeline Schuelke, 1350 Palm Avenue. Patti Burton, 1490 E. 6th Street. Irish Mitchell, 802 E. 6th Street. The City Attorney distributed a written statement from his office to the City Council and indicated there were sufficient copies for the press and all members of the audience as well. He then read this statement, a copy of which is a matter of record in the Clerk's file. a. RESOLUTION NO. 1989 -60 - A Resolution of the City Council of the City of Beaumont, California, Reinstating the Planning Commission. In answer to a question from Council Member Waller, the City Attorney indicated there was no need to adopt Resolution No. 1989 -60, as by adopting Resolution No. 1989 -61, the Planning Commission would automatically be reinstated. b. RESOLUTION NO. 1989 -61 - A Resolution of the City Council of the City of Beaumont, California, Rescinding the Mayor's Direction for Staff to Prepare Resolution No. 1989 -57 and Revoking Resolution No. 1989 -57 Prepared as a Result of that Direction. Motion by Council Member Waller, second by Council Member Bauer, to adopt Resolution No. 1989 -61. AYES: Council Member Bauer, McLaughlin, Waller and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw. At this time, Council Member Waller gave a presentation concerning why the Planning Commission should not be removed in its entirety. C. RESOLUTION NO. 1989 -62 - A Resolution of the City Council of the City of Beaumont, California, Providing for the Removal of All Members of the Planning Commission of the City of Beaumont Now Serving, and Designation of the City Council to Serve as the Planning Commission. Motion by Council Member Waller, second by Mayor Connors, to adopt Resolution No. 1989 -62, which will now state, "the Following members of the Planning Commission shall be relieved of their duties, effective immediately: Mrs. Patti Burton, Mrs. Emeline Schuelke and Mrs. Ethel Remy, and designation of the City Council to serve as Planning Commission until further appointments are made ". In response to a question from Mayor Connors, Council Member Waller stated his reasons for removal of these Planning Commissioners. The three Commissioners were then given the opportunity to reply. Page 4 Beaumont City Council October 17, 1989 Mayor Connors asked for discussion from the Council concerning the motion on the floor at this time, with Council Member Bauer having no comment, and Council Member McLaughlin making a brief comment. Mayor Connors addressed various comments made by members of the audience, and read a list of 26 cities in the State of California which have no Planning Commission. She concurred with Council Member McLaughlin that the reason Government Code provides for dismissal without cause was to save embarrassment to everyone. Additional comments were then received from Council Member Waller, with additional comments from Mayor Connors, Council Member Bauer and Council Member McLaughlin as well. VOTE TAKEN ON RESOLUTION NO. 1989 -62 AS AMENDED: AYES: Council Member Waller. NOES: Council Member Bauer, McLaughlin and Mayor Connors. ABSTAIN: None. ABSENT: Council Member Shaw. MOTION FAILED. Motion by Council Member Bauer, second by Council Member McLaughlin, to adopt the original interpretation of Resolution No. 1989 -62, Item No. 8.c, as it is written in the agenda. In opening the floor for further discussion, Mayor Connors made an additional statement concerning the events that have taken place tonight, Council Member Bauer read a prepared statement, and Council Member Waller commented on the facts brought forward by Mayor Connors and Council Member Bauer. VOTE TAKEN ON ORIGINAL RESOLUTION NO. 1989 -62: AYES: Council Member Bauer, McLaughlin and Mayor Connors. NOES: Council Member Waller. ABSTAIN: None. ABSENT: Council Member Shaw. Let the record show Council Member Waller was excused at 9:22 P.M. 10. Recess to Closed Session Pursuant to Government Code Sections 54957, Personnel, and 54956.9(a), litigation which has been initiated formally, and to which the City is a party. The title of the litigation is Jerry Kruizenga vs City of Beaumont, Workers' Compensation Appeals Board Claim No. 88240014. The meeting was recessed to closed session at 9:22 P.M. The meeting was reconvened to regular session at 9:48 P.M. Let the record show no action taken in Closed Session. 11. Consideration of Authorizing Settlement in the Workers' Compensation Claim of Jerry Kruizenga. Motion by Council Member McLaughlin, second by Council Member Bauer, to authorize a settlement by way of Compromise and Release in the Claim of Jerry Kruizenga, in the amount of $75,000.00, less a credit for permanent disability advances previously made to him. AYES: Council Member Bauer, McLaughlin and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw and Waller. Page 5 Beaumont City Council October 17, 1989 Regular Meeting of Monday, October 23, 1989 canceled due to lack of a quorum. Date set for Next Regular Council Meeting, Monday, November 13, 1989, 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 Bauer, the meeting was adjourned at 9:50 P.M. Respectfully submitted, City Clerk Page 6 BEAUMONT CITY COUNCIL MINUTES OF NOVEMBER 13, 1989 The Beaumont City Council met in a regular meeting at 7:00 P.M., on Monday, November 13, 1989, in the City Council Chambers, with Mayor Connors presiding. On roll call the following Council Members were present: Bauer, McLaughlin and Mayor Connors. Let the record show Council Members Shaw and Waller were excused. The Invocation was given by City Manager Bounds. 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 The City Manager noted that Resolutions No. 1989 -67 and 1989- 68, Agenda Items No. 7.e and 7.f, will require changes in the titles, which will be done at the time the resolutions are considered. There were no other adjustments to the agenda. 3. ORAL COMMUNICATION: There was no one requesting to speak during oral communication. PUBLIC HEARINGS - 7:00 P.M. 4. Establishing a Spay /Neuter Deposit When Adopting Dogs or Cats from Beaumont Animal Shelter, as Required by Food and Agricultural Code Sections 30503 and 31751. The staff report was received from the City Manager, which report is a matter of record in the Clerk's file. The public hearing was opened at 7:10 P.M. There was no one requesting to speak to this agenda item. The public hearing was closed at 7:11 P.M. Mayor Connors raised the question regarding whether or not the proposed deposit amount would be sufficient to encourage those adopting dogs and cats from the animal shelter to have the animals altered, since it did not appear the amounts proposed were close to the amount charged by veterinarians for this service. Council Member Bauer pointed out that raising the fees might prohibit senior citizens from adopting pets, and since many senior citizens living alone benefit from having the companionship of a pet, he did not feel we should increase this deposit beyond what they can afford to pay. It was pointed out that the proposed deposits were based on the amounts charged by the City of Banning and the County of Riverside. ORDINANCE NO. 680 - FIRST READING - Deleting Chapter 6.16 and Section 6.20.110 of the Beaumont Municipal Code, and Adding Thereto New Chapter 6.16, Dogs, Licenses, Tags, and Sections 6.20.110 and 6.24.050. Page 1 Beaumont City Council November 13, 1989 Motion to Read Ordinance No. 680 by Title Only. Motion by Mayor Connors, Second by Council Member McLaughlin, to read Ordinance No. 680 by title only. AYES: Council Member Bauer, McLaughlin and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw and Waller. The ordinance was read by title only by the Deputy City Clerk. Motion to Approve Ordinance No. 680 at its First Reading. Motion by Council Member McLaughlin, second by Council Member Bauer, to approve Ordinance No. 680 at its first reading. AYES: Council Member Bauer, McLaughlin and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw and Waller. 5. Establishing Filming Permit Procedures and Fee Schedule in the City of Beaumont, as Required by Assembly Bill 4680. The City Manager presented his staff report, a copy of which is a matter of record in the Clerk's file. The public hearing was opened at 7:30 P.M. There was no one requesting to speak regarding this agenda item. The public hearing was closed at 7:31 P.M. a. ORDINANCE NO. 681 - FIRST READING - Adding Chapter 5.38, Sections 5.38.010 through 5.38.070 inclusive, to the Beaumont Municipal Code, Establishing Filming Permit Procedures and Fee Schedule. Motion to Read Ordinance No. 681 by Title Only. Motion by Council Member Bauer, second by Council Member McLaughlin, to read Ordinance No. 681 by title only. AYES: Council Member Bauer, McLaughlin and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw and Waller. The ordinance was read by title only by the Deputy City Clerk. Motion to Approve Ordinance No. 681 at its first reading. Motion by Council Member McLaughlin, second by Council Member Bauer, to approve Ordinance No. 681 at its first reading. AYES: Council Member Bauer, McLaughlin and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw and Waller. b. RESOLUTION NO. 1989 -63 - Adopting Rules and Regulations for the Issuance of Filming Permits. Motion by Council Member McLaughlin, second by Council Member Bauer, to adopt Resolution No. 1989 -63. AYES: Council Member Bauer, McLaughlin and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw and Waller. END PUBLIC HEARINGS Page 2 oeaumunL l.iCy uouncii November 13, 1989 6. ORDINANCE NO. 679 - SECOND READING - Adding to Title 17, Sections 17.20.120, 17.20.121 and 17.20.122 to the Beaumont Municipal Code, Entitled "R -LM Zone (Residential -Low Medium) ". Motion to Read Ordinance No. 679 by title only. Motion by Council Member Bauer, second by Council Member McLaughlin, to read Ordinance No. 679 by title only. AYES: Council Member Bauer, McLaughlin and Mayor Connors. 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. 679 at its second reading. Motion by Council Member Bauer, second by Council Member McLaughlin, to adopt Ordinance No. 679 at its second reading. AYES: Council Member Bauer, McLaughlin and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw and 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. Since a request to speak was received from the audience on Agenda Items No. 7.e and 7.f, they were removed from the consent calendar and will be considered separately. Mayor Connors requested an addition to the minutes of October 17, as follows: Page 4, Item No. 8.c, first line of the motion for Resolution No. 1989 -62, change to read . . "second by Mayor Connors for purposes of discussion. . ." a. Approval of Minutes of Special City Council Meeting of October 17, 1989, as amended. b. Approval of Warrants and Payroll. C. Authorization to Post Notice Seeking Applications for Beaumont Senior Citizen Advisory Commission. d. Request for One Year Extension for Proposed 60 unit Travelodge motel and variance to allow a 200 sq.ft. sign at a height of 55 feet on 1.51 acres, located on the south side of Fourth Street about 300 ft. east of Beaumont Avenue. Applicants: Daniel Tsai and Sam Lee (88 -PP -3, 88 -V -4 and 88- ND -14). g. RESOLUTION NO. 1989 -66 - Accepting Grant of Easement - Drainage for Tract No. 23161. Applicant: WDS Development. Motion by Council Member McLaughlin, second by Council Member Bauer, to approve Consent Calendar Items 7.a, as amended, 7.b, 7.c, 7.d and 7.g. AYES: Council Member Bauer, McLaughlin and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw and Waller. Page 3 Beaumont City Council November 13, 1989 7.e RESOLUTION NO. 1989 -64 - Ordering Territory Designated as LAFCO 89 -41 -3, City of Beaumont 87- ANX -4 -44, Annexed to the City of Beaumont. Applicant: Hovchild, Inc. /Jeff Lodder. Location: 570.6 acres located on Highland Springs Avenue Approx. one mile south of the Intersection with Interstate 10. Mr. Brien Ross, General Manager for Beaumont - Cherry Valley Recreation and Parks District, addressed the Council expressing their concerns regarding provision of sufficient park facilities by this project, stating he felt the City had a rather cursory hearing as a pre- annexation measure, and it was their understanding further hearings would be held. He then asked for this item to be continued to allow the district and the City to meet with the developer to have the project conditioned in a manner acceptable to the recreation and parks district, and to alleviate the impacts this project would have upon parks and recreation programs and services. The City Manager pointed out that parks and recreation was present the night the specific plan, EIR certification, etc., were approved by the Council, and in the case of annexation, when it is taken to LAFCO, it is taken for the purpose of annexing of property. The specific plan is given to LAFCO, along with the certified EIR. So far as hearings are concerned, the specific plan is a major hearing, and is a land entitlement hearing. The request that is being made now is that the Council hold this in abeyance until the parks and recreation district, along with the City, can work out some kind of arrangement with the district that satisfies them. Mayor Connors stated we are speaking only of annexation at this point, not development, so she is not certain what the problem would be with the land being annexed to Beaumont, because there is no development under discussion. Mr. Bounds indicated it appeared the District was asking the City to hold the property out of the City until they were satisfied with development conditions. Responding to a question from Mayor Connors, Mr. Bounds stated further that, in addition to the hearings held by the City, LAFCO also holds a hearing, which allowed the District to make a presentation to them. Brief comments were made by Council Member McLaughlin, with agreement by Council Member Bauer, to the effect that in going through the EIR hearings, the park and recreation district was notified and had ample time to address their concerns at that time, and there appeared to be no reason to hold up the annexation at this time. Motion by Council Member Bauer, second by Council Member McLaughlin, to adopt Resolution No. 1989 -64. AYES: Council Member Bauer, McLaughlin and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw and Waller. 7.f RESOLUTION NO. 1989 -65 - Ordering Territory Designated as LAFCO 89 -33 -3, City of Beaumont 88- ANX -2 -43, Annexed to the City of Beaumont. Applicant: Coscan /Stewart Partnership. Location: 170.5 acres bounded on the South and West by 8th Street and Interstate 10, on the North by Florence Street and Marshall Creek, and on the East by Elm Avenue. Mr. Brien Ross, Beaumont - Cherry Valley Recreation and Parks District, again addressed the Council make the same comments in respect to this annexation as had been stated previously. Page 4 eaumont City Council November 13, 1989 Motion by Council Member Bauer, second by Council Member McLaughlin, to adopt Resolution No. 1989 -65. AYES: Council Member Bauer, McLaughlin and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw and Waller. 8. Recess to Closed Session Pursuant to Government Code Section 54956.9(b)(1) to Confer with Its Attorney Regarding Significant Exposure to Litigation. The meeting was recessed to Closed Session at 7:54 P.M. The meeting was reconvened to Regular Session at 8:49 P.M. Let the record show no action was taken in Closed Session. 9. A Presentation from The City Manager Regarding the Timing and Financing of Infrastructure for the City. The City Manager made his presentation regarding the timing and financing of infrastructure for the City. A full copy of this presentation is a matter of record in the Clerk's file. Let the record show the title of Resolution No. 1989 -67 has been changed at the request of the attorney. 10. RESOLUTION NO. 1989 -67 - Authorizing Submittal of an Application to Riverside Local Agency Formation Commission for Review and Amendment of Sphere of Influence for Beaumont- Cherry Valley Water District. Motion by Council Member Bauer, second by Council Member McLaughlin, to adopt Resolution No. 1989 -67. AYES: Council Member Bauer, McLaughlin and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw and Waller. Let the record show the title of Resolution No. 1989 -68 has been changed at the request of the attorney. 11. RESOLUTION NO. 1989 -68 - Authorizing the City Manager To Accept Deeds Conveying Groundwater Basin Storage Rights, and Real Property Interests. Motion by Council Member Bauer, second by Council Member McLaughlin, to adopt Resolution No. 1989 -68. AYES: Council Member Bauer, McLaughlin and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw and Waller. Date Set for Next Regular Council Meeting, Monday, November 27, 1989, at 7 :00 P.M., in the City Council Chambers. On motion by Council Member Bauer, the meeting was adjourned at 9:03 P.M. After adjournment, it was noted by Mayor Connors that she had overlooked a request to speak regarding Agenda Items No. 10 and 11. After brief discussion, Council Member Bauer withdrew his motion for adjournment, and the meeting was reconvened. Page 5 _eaumont City Council November 13, 1989 Mr. Gerald Shoaf, Attorney for the Beaumont - Cherry Valley Water District, addressed the Council, stating their concerns regarding the action taken by the City Council in adopting Resolutions No. 1989 -67 and 1989 -68. On motion by Council Member Bauer, the meeting was adjourned at 9:08 P.M. Respectfully submitted, deputy City Clerk Page 6 AFFIDAVIT OF POSTING CITY OF BEAUMONT, CALIFORNIA Robert J. Bounds, City Clerk of the City of Beaumont, California, certifies that on November 27, 1989, at 7s10 P.M., a Notice of Adjournment of the regular City Council Meeting of November 27, 1989 was posted on the doors of the City Council Chamber, indicating the meeting had been adjourned to December 5, 1989, at 7:00 P.M. It is further certified this Notice of Adjournment was forwarded to all newspapers, posted at the Beaumont - Cherry Valley Water District and Beaumont District Library, and attached to the agenda posted on the bulletin board immediately adjacent to the City Council Chambers. A copy was also attached to all copies of the agenda available to the public in Room 9 and Room 4, and mailed to all interested parties on the agenda mailing list. I declare under penalty of perjury that the foregoing is true and correct. Dated at Beaumont, California this 30th day of . 989 . City Clerk November , BEAUMONT CITY COUNCIL MINUTES OF ADJOURNED MEETING OF DECEMBER 5, 1989 (Adjourned from November 27, 1989) The Beaumont City Council met in an adjourned meeting at 7:00 P.M., on Monday, December 5, 1989, in the City Council Chambers, with Mayor Connors presiding, the meeting having been adjourned from November 27, 1989 due to the lack of a quorum. On roll call the following Council Members were present: Bauer, McLaughlin and Mayor Connors. Let the record show Council Members Shaw and Waller were absent. The Invocation was given by City Attorney Ryskamp. The Pledge of Allegiance was led by City Attorney Ryskamp. 1. Clerk's Affidavit of Posting. The Clerk's affidavit of posting the agenda of November 27, 1989, as well as the Adjourned Meeting of December 5, 1989, were read into the record by the Deputy City Clerk. 2. Adjustments to Agenda There were no adjustments to the agenda. 3. RESOLUTION NO. 1989 -69 - Reciting the Fact of the General Municipal Election Held in Said City on November 7, 1989, Declaring the Results Thereof and Such Other Matters as are Provided by Law. Motion by Council Member McLaughlin, second by Council Member Bauer, to adopt Resolution No. 1989 -69. AYES: Council Member Bauer, McLaughlin and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Shaw and Waller. 4. Presentation of Certificates of Election and Installation of Newly Elected Officials. City Clerk Robert Bounds presented the Certificates of Election and administered the Oath of Office prescribed by the State Constitution of the State of California to Jan Leja, Donald McLaughlin and Frank Parrott, after which the new Council Members were seated. 5. Reorganization of Council: a. Nominations for Mayor. The City Clerk opened nominations for Mayor. Council Member Connors was 'nominated for Mayor by Council Member McLaughlin. Council Member Bauer was nominated for Mayor by Council Member Parrott. Page 1 Beaumont City Council December 5, 1989 There being no further nominations for Mayor, nominations were closed. Roll Call on nominations for Mayor. Council Member Bauer: Bauer. Council Member Connors: Connors. Council Member Leja: Connors. Council Member McLaughlin: Connors. Council Member Parrott: Bauer. On a vote of 3 -2, Council Member Connors will continue as Mayor. b. Nominations for Mayor Pro Tem. Mayor Connors opened nominations for Mayor Pro Tem. Council Member Bauer was nominated for Mayor Pro Tem by Council Member McLaughlin. There being no further nominations for Mayor Pro Tem, the nominations were declared closed. Roll Call on nomination for Mayor Pro Tem. Council Member Bauer: Bauer. Council Member Leja: Bauer. Council Member McLaughlin: Bauer. Council Member Parrott: Bauer. Mayor Connors: Bauer. Council Member Bauer will continue as Mayor Pro Tem on a vote of 5 -0. 6. Consideration of Appointment of City Clerk. The City Manager reported there were no nominees or write -in candidacy papers filed for the Office of City Clerk, as a result the Office of City Clerk has been declared vacant at this time. He informed the Council that Government Code provides they may fill the vacancy by appointment or call a special election, giving them the time frames within which they must either appoint or call the election. Motion by Council Member McLaughlin, second by Council Member Bauer, to appoint City Manager Robert Bounds to serve as City Clerk for the full four year term ending in November of 1993. AYES: Council Member Bauer, Leja, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. The City Manager advised ,that, if acceptable by the Council, he would bring the appropriate resolution to the next meeting showing he would take no salary during that time for the appointment as City Clerk, and accepting all the requirements that are necessary. Page 2 Beaumont City Council December 5, 1989 7. ORAL COMMUNICATION: Anyone wishing to address the Council under oral communication, or on any agenda item, should fill out a Request to Speak Form and give it to the Deputy City Clerk at the beginning of the meeting. The forms are available on the railing at the front of the Council Chambers. There were no requests to address the Council during oral communication. 8. PUBLIC HEARING - 7:00 P.M. - Intent To Adopt Negative Declaration 89- ND -15. Project: Formation of a new City Department to be known as the Water Department. Applicant: City of Beaumont. The City Manager read a statement concerning this agenda item, a copy of which is a matter of record in the Clerk's file. Attorney Susan Trager, special counsel for the City in this matter, presented her report, a copy of which is also a matter of record in the Clerk's file. The public hearing was opened at 7:28 P.M. There was no one in the audience requesting to speak in favor. Gerald Shoaf, Redwine and Sherrill, 1950 Market Street, Riverside, attorney for Beaumont - Cherry Valley Water District, speaking in opposition: Good evening Madame Mayor and Members of the Council. I am here tonight to file on behalf of the Water District the formal protest to the proposed adoption of a negative declaration and resolution approving the proposed project, the formation of a water department. I have a number of things on my mind, not the least of which is - despite my comments here tonight - we would like to again renew our request, the Water District's request, for a meeting between the two agencies, be that attorney and attorney, staff and staff, committee /committee, Council and Board. We feel it is important for you to learn what the Water District has done for ten years, and what it is presently doing. For example, a master plan, the District's master plan, for water service in the area, including its sphere of influence, is being revised, and should be available no later than January for distribution and comment. It seems - well, the Water District does not want to be in competition, and there doesn't seem to be a need for competition. There seems to be a common goal here, and I won't go in and repeat my comments from a couple of weeks ago, but I would like to again extend an invitation, if you will, to meet in some way so we can pass what information we have along for you to review. And I am sorry that such a meeting has not taken place before you were given a chance to vote on this present resolution. With regard to the resolution, and the letter that I submitted - I submitted the letter because I thought it was going to be voted on on the 27th. One of the comments by Ms. Trager is that there was an implied threat of litigation in the letter. I intended no such threat. But you must know there is a very short statue of limitations - thirty days. There hasn't been a rush to set up a meeting since we last met, whenever that was, November 13 I guess, and my position will be that if you adopt this resolution and move to form the water district - move to form the water department - I will have to recommend to the board that they authorize me to file litigation simply to protect the District's alternative. Because filing objections and filing litigation is necessary to preserve the right to complain about it in Court. Hopefully, that would never have to be pursued, but there are procedural requirements that must be met in order to preserve options. With regard to the contents of my letter, I would simply point out that your own environmental check list form describes the project Page 3 Beaumont City Council December 5, 1989 as "formation by the City Council of a new City department to assume responsibility for the provision of adequate water facilities and services to areas within the City's sphere of influence ". It is not simply the formation, it is the formation of a water department to serve in the areas to be annexed. There is a distinction in my mind between simple formation on the one hand, and the purposes underlying that formation on the other. And I think the overall project here, obviously, is to serve water in the outlying areas - those proposed to be annexed - and, with that premise in mind then, this formation is but one step toward that ultimate project goal. If I am wrong, so be it, but if I am right, we have to file an objection. With that in mind, I would respectfully request, Madame Mayor, that a copy of my letter be made a part of your record tonight. I have copies available for each of the Council Persons and Mr. Bounds, Mr. Ryskamp, if you would like. I am available to answer questions. 1 am not here to argue the merits of the situation. Suffice it to say that we feel that this matter should be worked out. Pending meetings and attempts to work it out the Water District may or may not follow my recommendation, but my recommendation would be to file litigation simply to preserve that course of action should it ever be necessary. May I file another copy of the letter with you this evening to be made a part of your record. Any questions. Mayor Connors: I would like a clarification. You are aware that last year we asked the members of the Water District Board to come to a Council Meeting to tell us what you have been doing, and what your plans were, and none of them came. Attorney Shoaf: I understand that. I also understand, however, that Mr. Butcher did show up - had the facts at hand - and was not given an opportunity to speak. . . Mayor Connors: And was not a Board Member. Attorney Shoaf: Pardon. Mayor Connors: We asked for the Board Members, and at that point there was never another attempt from the Water District to reschedule any kind of a contact - until now. I just wanted to make sure that you didn't realize that had happened in the past. Attorney Shoaf: I understand that. I understand. Be that as it may, my purpose in being here tonight is to extend an invitation, in whatever form you may deem appropriate, and to go on record as opposing, on behalf of the Water District, the proposed action on the adoption of the negative declaration, and the proposed course of action. Mayor Connors: Are there any comments or questions for Mr. Shoaf, and we will begin at this end with Mr. Parrott. Council Member Parrott: Well, what I would like to know is can you provide enough water for our expansion. I would lice to see some figures. Attorney Shoaf: I understand that sir, and you have got to understand, I am not an engineer. We, speaking on behalf of the District as I understand the situation, are trying to promote the project by the Pass Water Agency to bring in a supplemental source of water - State water - to find new sources of local water, and to preserve the present sources through conservation and other means. There is a question mark about how much of the available water in storage in the Beaumont basin is usable. We have Page 4 Beaumont City Council December 5, 1989 various reports from engineers from the State and from private sources that are available for review. We would very much like for you folks to see those, and if you do not agree with the Water District's conclusions, then let's talk about it, but, in the meantime, I will say that at one point we felt - and I will say, we felt, that a basin adjudication was probably the only way to get the parties, and by parties I mean the major pumpers and the public agencies in this area, to sit down and talk about what the Water District perceived to be a real problem with the amount of water available. Council Member Parrott: Well, I would like to know . . Attorney Shoap: If I may just finish that line of thought. That point was about a year and a half ago. At that point, thereafter, the Pass Water Agency began, from our point of view, serious efforts to get a supplemental source of water in, and the Water District backed off from the basin adjudication. It is not something that we want to do. It is costly. It is time consuming, and it doesn't make any sense if we can reach consensus in this area about how much there is and how it can be used. I would like to emphasize the Water District is not a planning agency, and, I think, does not perceive itself, certainly staff does not, and I do not believe the Board perceives that it is a planning agency. Its duties are to provide water to the extent possible, while protecting services - present services. So, we have got to be a little careful about going on providing - or agreeing to provide unlimited amounts of service on the assumption there is a supply. That may not answer your question directly, but facts and figures you need to get directly from the engineering types other than myself. Mayor Connors (responding to a question from the audience): Perhaps, after you have been recognized to speak, he may want to ask you that question. Mrs. Leja. Council Member Leja: What is your real opposition to us forming a water department. Attorney Shoap: The only opposition is that it splinters - it doesn't promote a unified approach to management of the water resources. It leads, I think, to duplication of services. For example, if you are to be serving outlying areas you must build physical facilities, including storage facilities, pumping facilities, transmission lines, etc. The Water District has those in place. Has plans for additional storage - a million gallon tank is in design and is out to bid right now. A three million gallon storage tank is in design. There will be overlap of transmission lines if the City's project goes forward, and you will be serving outlying islands, if you will. You will have to go through the Water District area to reach these individual areas, and it just doesn't seem to make sense to us in a practical, economic point of view. If your goal, as we perceive it, is to allow development to occur, so that those monies are available to the City for City purposes, some of that money would have to go to water facilities. Why not let the Water District that specializes in water supply, handle that aspect, and the City - we would like you to know that we would like to work with you to make that all happen, allow development to occur, so that you can get the money you need for other purposes, and let the Water District handle the water. Council Member Leja: Ultimately, you are involved in planning. Attorney Shoap: No, no. What we are involved in is trying to Page 5 Beaumont City Council December 5, 1989 provide water to the areas that develop. The Water District has no say, other than whether there is or is not enough water available, has no say in whether an area should be allowed to develop. Council Member Leja: So now, you mentioned earlier that there is a general plan that is being revised. Attorney Shoap: Right. Council Member Leja: When was that general plan last revised. Attorney Shoap: About 82, or 86, I guess. Council Member Leja: And, don't you feel that, since we are a City, that is part of your service. For us to form a water department, we are being responsible in our planning? Attorney Shoap: I think it would be appropriate for you to first review what the Water District has done, and is doing, before committing to a course of action requiring what I think you will find is a major expense to duplicate service. Council Member Leja: If I am not mistaken though, the formation of this Water Department though isn't building tanks, and this and that and the other right now. Attorney Shoap: Right, right, that is correct. Council Member Leja: It is simply a way for us to actually be more uniform and to be more responsible in our planning. Attorney Shoap: I don't think that follows. Council Member Leja: You don't? Attorney Shoap: No. Council Member Leja: Okay, that is a difference of opinion I guess. Attorney Shoap: That is right. Mayor Connors: Is that all. Council Member Leja: That is all. Mayor Connors: Mr. Bauer. Council Member Bauer: Well I feel that the - what we have talked about at the beginning of this - when the City Council started to get some clarification - the reason why they did try to get some clarification was because of the threat of adjudication and an imposed moratorium on the basis of 200 meters, which threw the population of the City of Beaumont in a panic. And I think it caused - we felt that it caused a great deal of undue and unnecessary stress to the population of the City of Beaumont. And that is the reason why we started off on this course. Now our course of action is not based on any hasty snap decisions. We have added to staff, and we have had studies proceeding, so that we feel that we are proceeding from a basis of knowledge, not a basis of ignorance. Attorney Shoap: I appreciate that Councilman. I think - I have a number of comments in response. One of them is that I think communications have not been the best. I feel that I share the blame in maybe advising the Water District with blinders on, thinking about it only from the Water District's point of view. It was a good faith effort. Thinking about and accepting the concern of the District's engineer about the availability of water, and not saying, gee, maybe we should go sit down with these folks ahead of time and let them know what we are up to. What can I say, it happened. And it may have raised stress unduly, I don't know. I will take your word for it that it did. Beaumont City Council December 5, 1989 I guess my point at this juncture is before we go off in two directions, and in effect, possibly, fighting, let's have a go at it and see if we can address common goals and common issues, and see if it is workable. Maybe it is not, but I think it is worth a meeting at least to discuss. Again, I want to emphasize that because of the short time fuse, and your comments about communications, if the District's Board does - if I do recommend and they do authorize me to file a lawsuit, it doesn't mean it has to be pursued. It simply has to be done within thirty days to preserve that option. Council Member Bauer: You will be just leaving the door open. Attorney Shoap: Right. Mayor Connors: Anything else Mr. Bauer. Council Member Bauer: No. Mayor Connors: Mr. McLaughlin. Council Member McLaughlin: Well, we have pretty well hashed most of it over. I feel like, in listening to Ms. Trager and Bob this evening, that what we are doing is sort of doing what you are more or less wanting us to do. It isn't really - you are doing the same you are doing in thirty days, we are doing this in resolution form of 1989 -70 and 71. To a degree, we are getting started. Now maybe through the efforts on our part, and maybe through some efforts on your part, maybe we can resolve a problem that has been a problem, because it dates back before - many years before you were here - it has been a problem. And, we have all gone into past history, Beaumont, Cherry Valley and the Water District have had differences of opinion, and we have had times when we thought they were going to separate and all this, and this is what we are talking about, and it has kind of finally surfaced to the point that we are right now. So I feel like that what the City is trying to do is to progress in a responsible manner, not only in many other ways, but in our water situation, and it could be, instead of you saying that it is going to be a fight, or a letdown, it could be that we could be stronger, and be stronger in order to get more clout in getting other waters to come in from different sources. Where I don't know at this moment, but I am sure that Southern California and areas like this will have to look forward to that, and maybe this will be a benefit to all persons. Attorney Shoaf: I want to again say that our obvious preference would be that you would defer action until we have had a chance to meet, but should you not do so, should you take action and go ahead and approve these, that, from our point of view at least, doesn't mean that we must stop talking and fight. So, again, I would respectfully have my objection noted, request that you defer action rather than taking it tonight, and beyond that I would just like to wish you all a Merry Christmas and hope that we can get together. . . Mayor Connors: Don't go away. Attorney Shoaf: I am sorry Mayor. I thought I was getting off. Mayor Connors: Oh no. You said that you don't have any say in planning except whether - telling us whether or not there is water, and that seems like a considerable amount of leverage over planning. And sometime back, as we all know from reading the papers, Landmark Land Company was told there was no water. There was not enough water. There was a big fuss over there not being water. And then Landmark had some capital, and they had some work they were willing to help the Water District with, and then Page 7 Beaumont City Council December 5, 1989 there was water. Now this makes me feel insecure. It makes me want the City to know whether there is water. Whether there is not water. Where water is going to come from. And, maybe not want to find out from you when one day there is not water, and the next day there is water. And this is our largest developer. I don't see that happening for the smaller developer, with less money and less to offer, and that particular thing made me very nervous. Attorney Shoap: I can understand how it would appear that way. You must stop and consider however -- the overall Landmark project consists - let me see - there are two phases - that on the west side of Interstate 10 and that on the east side. Landmark was proposing to annex some part of the residential portion on the west side to Yucaipa Valley Water District - Yucaipa Valley County Water District. That concerned Beaumont - Cherry Valley Water District for the reason that if they did so, and if they operated wells over the Singleton Ranch unit, it would have a drawdown effect in the Beaumont basin. Like a bathtub if you will. Pumping water at the lower end of the basin would cause the groundwater up in this area to drain down more rapidly. And that is the reason Beaumont - Cherry Valley was opposed to that approach. To allowing Yucaipa to come in and operate the water system for Landmark. That is still in discussion stage, and we have made - I would like to think - some progress toward a different approach. One that will not involve Yucaipa Valley County Water District pumping and drawing down water from the Beaumont basin. The agreement that was struck with Landmark concerns the east, or industrial, golf course part of their development, where they already have wells, and they have the right to pump those wells and provide water for the golf course. The Water District has no control over that. That is an overlying right - overlying use. And what the District obtained from Landmark, and Chuck will have to come up with the details, but construction of the three million gallon tank, improvement of the substantial improvement of a well, increasing the production from I think it is 800 gallons per minute to 2,000 gallons per minute, the installation of a considerable amount of transmission lines, things of that nature that benefit the surrounding areas, including Hovchild, Three Rings Ranch, Loma Linda, and other projects, by virtue of the storage and some of the transmission facilities. So it is not as though the Water District gave away the store. . . Mayor Connors: But you told us that if you were to keep control of the water, and you were to have the Water District, that you already had the facilities necessary, whereas we would have a problem having to start from there. And now you are telling me that you had need of things that Landmark helped you with . . . Attorney Shoap: Well those are . . I'm sorry. Mayor Connors: This creates a dual thing in my mind too. I mean you are not fully prepared either, obviously. Attorney Shoap: We have a basic system in place that will be extended, augmented if you will, as the developments occur, and they connect to the basic system. There is no need to replace the basic system, and the storage is being created as development occurs. I guess, to that extent, you are right, although I would say . . . Mayor Connors: Because we would be doing it as development occurs also. Attorney Shoap: Right, but you need the basic system that we already have, to that extent there would be a duplication. That, Page 8 Beaumont City Council December 5, 1989 I guess, is the point I intended to make. Maybe I overstated it, but, basically, the Water District, I would think, has a leg up on it as far as the ability to serve and have the basic system in place. Mayor Connors: Well, I really don't want to hurt your feelings, but I have the feeling that the next phase of Landmark, there will be another problem whether or not we know that there is going to be enough water. And if Landmark had something else to offer, then there will be water. And I just wonder how you do that. Do you go out in the morning and say let there be water? How do you do that. And that worries me. That seems duplicious to me, I don't know. Attorney Shoap: It is not intentional, and I will add that Landmark, and their people, at the Water District's urging, contributed, we feel, a great deal toward Pass Water Agency's movement on the State Water Project, to get state water in. We had several meetings with Landmark. They started out as adversaries, if you will, and we came to the agreement that there were common goals. The amount of water is still unknown, and we still differ with Landmark about how far - how much is available in the basin to pump. I don't know what is going to come of that. And I don't know how to address your concern, other than to say that we are not playing games. We are honestly concerned about the amount of water available, and about over - subscription of that supply. If the supplemental source is on the horizon, then it loosens up -- as planned, there would be enough water to eliminate recent overdraft - or overdraft if you will - and to provide some additional water beyond that for development. If it looks like that project in really in gear, then it is not such a dire consequence to pump groundwater in the meantime, knowing that it can be replenished through State water when it arrives, so there would be water available for development through that means. Mayor Connors: Well I would feel better with a City Water Department for my own peace of mind, because if there is no water, I do not want development. And if there is water, I do not want to stop people who have the right to develop their projects. That is the way I feel about it. Attorney Shoap: I understand that. Mayor Connors: Thank you. I believe that Mr. Butcher wanted to say something. Please give your name and address for the record. Chuck Butcher, Beaumont - Cherry Valley Water District, 560 Magnolia: Mr. Parrott asked a question regarding water availability in the Pass Area. How much is available. The Beaumont basin, based on a, Boyle Engineering report, has approximately 1.1 million acre feet of water in storage. Their report also states that as little as ten percent of that water could actually be pumped from the basin. The San Gorgonio Pass Water Agency has an entitlement to the State Water Project of 17,300 acre feet at 100 %. The State Water Project has run anywhere from 50% on the low, during the drought, to probably as high as about 70 -71 %. The Pass Water Agency is working on a conjunctive use program whereby they would bring in large quantities of water, percolate it into the groundwater basin during the off -peak, winter -time period, which would raise the level in the basin. The down side of that is that during droughts, during peak demands on the State Water Project, they may shut down the water into the Pass Area, and we would then use groundwater that was pre - delivered. The problem with the - that Jerry spoke of - with the Landmark project, and is there water, is there not water situation, the Page 9 Beaumont City Council December 5, 1989 District, in the 1920s and 1930s, was involved in a litigation because interests in Moreno Valley bought the Singleton Ranch, which overlies this basin. They pumped this basin heavily for agricultural use in Moreno Valley - caused a major overdraft situation under Beaumont. The ultimate outcome of that stipulated judgment, and we went back to Court because they started pumping again, was that the District would receive the largest portion of the ranch, which I think was 25 %, because they were the district that was most injured. The reason for the adjudication. We did not feel that the County was going to look at the water issue as they should, since the Yucaipa Water District had given a will -serve letter for the entire Oak Valley project. Not just in the Yucaipa sphere of influence. The entire project - all 17,000 units. They said they were going to serve the entire project from the groundwaters of the Beaumont basin. And that was some 17,000 acre feet of additional pumpage. Nothing about State Water Project water, nothing at all. Just, we will go ahead and serve it, including Beaumont - Cherry Valley's sphere of influence, which would have put Yucaipa Water District all the way to Beaumont Avenue. So, that poses a major problem for the Beaumont - Cherry Valley Water District. County planning staff said, the water district has said they will serve the project - that mitigates the water issue. So, obviously, Beaumont - Cherry Valley Water District had to do something very drastic, very quickly. Otherwise, the folks in San Bernardino County now have another water basin to pump from. The Yucaipa Water District, just last week, in the Press - Enterprise, had reached their quota on water service for the year, imposed by the State Health Department, because their system is not capable of handling additional growth. They do not have a basin as large as ours. Their basin has a lower quality than ours, because of all the septic systems and so on that are over there. So, put yourself, as an engineer, in their place. You have a large quantity of water in Riverside County. You have a water system that will allow gravity flow into the affected area of San Bernardino County. What do you do. That is what our worry is. That is what our worry was. That is one of the reasons why - and the main reason why - we felt that adjudication was necessary. The 200 units - why the 200 units? Because we cannot go into a court of law - Jerry said not to say this, because he said be a nice guy - we can't go into court wearing a black hat saying let's build 13- 14,000 units up here, and Landmark can't build anything down there. Because they are going to get served by Yucaipa. So our engineers determined that we could possibly conserve enough water to supply the needs of the district at a 100 - well, actually, it was 150 units, which is what the sewer system was able to handle - so we said 200 units, which would leave owner - builders 50 units, so that we could actually take on the Yucaipa interests in protecting our groundwater basin. Council Member Parrott: How about the MWD. Can you get water from them. Mr. Butcher: The San Gorgonio Pass Water Agency is our MWD. Okay. They are the State wholesaler. They have the responsibility - their service area extends basically from the County line south into the badlands. From Calimesa east to Cabazon. Their responsibility of supplemental water is State Project water. They have collected taxes for over thirty years to bring in - or twenty eight years I think it is - to bring in supplemental water. My question is, what - we know we have the 17 free entitlement - 17,300 acre feet entitlement. What do we do when we run out of that entitlement. Like, Mayor Connors says. We have "x" amount of water, how much do we have, we don't want to overdevelop this. But the question that comes to my mind is, what about those people that have that undeveloped property that have paid taxes to Pass Water Agency. The Pass Water Agency must come Page 10 Beaumont City Council December 5, 1989 up with an allocation plan. They need to tell the Beaumont - Cherry Valley Water District - you get "x" number of acre feet of water. And then we will distribute that water within our service area and sphere of influence. One of the allocation plans is to offset the overdraft - set it back to zero - and allocate based on 1985 assessments. That would give the Beaumont - Cherry Valley Water District some 4850 acre feet of water on top of what their pumping right is now. That would serve, roughly, 10,000 units, at a half an acre foot per unit per year. Then we are back to that overdraft situation. But, again, the Pass Agency was empowered to deliver supplemental water. Not the City of Beaumont, not the Beaumont - Cherry Valley Water District. But it is our responsibility to work with the Pass Agency, and help the Pass Agency any way we can. Obviously there is not enough of a tax base here today to build that State Water Project. It is some thirty million dollars. Growth is going to have to happen to cause that to be built. Mayor Connors said we are going to have to add to our system. Obviously, yes, we are going to have to add to our system. We don't have pipelines in the Hovchild project. We don't have pipelines in the Three Rings project - the Landmark project. Obviously nobody would have pipelines out there since it has been dormant land for years and years. But what Jerry was saying, what Mr. Shoap was saying, for example, the Deutsch project. The Deutsch project is served by three different pressure zones. Brookside Avenue, which is our Cherry Valley pressure zone, or our Noble pressure zone as we call it. There is a 12 inch main there. It has got stub -outs into the Deutsch property for future main extensions. The Cherry Avenue has an eighteen inch main as part of the Beaumont pressure zone, that has stub -outs for the Deutsch property. The intermediate pressure zone, which is where the new tank is being built, at Cougar Way and Cherry, has stub -outs for the Deutsch project. Yes, there is going to have to be additional systems added. Our present source of supply - our present wells - today, has a capability of over twenty million gallons a day. Our peak demand in July was less than eleven. So we do have production capacity far exceeding our peak demand. So that these developments can begin with simple pipeline installation. There will have to be additional storage. We are in communication now with BLM to establish a tank site in the southeast corner of the district to supply the Potrero, Hovchild and Loma Linda projects, and others to their immediate west. So the district is planning for the future. The district does have additional capacity in their system. So far as the questions that you asked, I think that is all. If you have any others, I will be happy to answer them. Mayor Connors: That answers, I think, the question that was asked of Mr. Shoap. And for this particular time we will begin with Mr. Bauer. Do you have any comments or question, Mr. Bauer. Mr. Butcher: Take it easy on me now Bill. Council Member Bauer: Somehow, in the nature of what I have heard tonight, and what I have been listening to for over a year, the sands seem to be shifting. The emphasis sometimes gets out on a different - and I really can't connect some of the stuff I have heard tonight with what I heard six months ago, and a year ago, and a year and a half ago. Mr. Butcher: Who did you hear them from sir? Council Member Bauer: You. Mr. Butcher: From me, personally. Well, if you could explain what those things are. Council Member Bauer: Well, I have already talked about some of them. Page 11 Beaumont City Council December 5, 1989 The threatening attitude of the - the threatening attitude of the Beaumont - Cherry Valley Water District as perceived by the City government of Beaumont, and by the citizens of Beaumont. Mr. Butcher: In what regard sir? Council Member Bauer: In the adjudication and the meter deal. That really got the whole population of Beaumont very much apprehensive about growth because of the purported fact that we don't have water. Mr. Butcher: Well, I can imagine, I can imagine that is true, but obviously - I just explained why the reason we had to adjudicate. Council Member Bauer: I don't think it was - I don't think that was really the kind of justification in terms of what you have done to the thinking of the people of the City of Beaumont. I don't think it was - I don't think that the end justified the means. There must have been a better way to handle that directly with Yucaipa, then to apparently to beat everybody around here over the head. Mr. Butcher: It wasn't intended to beat everybody over the head. Council Member Bauer: It certainly was perceived that way. Mayor Connors: All right. Let's not get into an argument. Council Member Bauer: That is right. That's right. Mayor Connors: Is there anything else Mr. Bauer. Council Member Bauer: Yes, I would like to say one thing. The statement has been made that the water district is not a planning agency. Well I have lived in several locations in this country. I have lived in the northeast. I have lived in the southeast. And every water purveyor in the areas in which I lived had to do planning to keep up with the growth that was coming down the line. When I lived in Florida Keys they had one pipeline going down to Key West. Now they have two. And they have been increasing their facilities, and at no time was it ever - was the situation ever created - that we were told that you can't grow because we don't have water. They were planning ahead on the water continually. And I feel that if the water district is not planning ahead, and has not been planning ahead, well, they have been missing the boat. I think you have a planning function, and I think it is one of the most important functions that you could have. Mr. Butcher: Mr. Shoaf's statement, we are not a planning agency, does not mean that we are not planning for future service. What it means is we are not land planners. We don't establish zoning, we do not establish commercial business, residential, and so on. We do plan for the development of the water system. We have done that with a need study. One master plan, and an update of a master plan, over the last ten years. So, as far as planning for service, we are planning for service. Mayor Connors: But you do control the planning of the City by your decisions on whether or not we have water. That affects the planning of the developments, and the growth, and the City. Mr. Butcher: I think, back to the Landmark project, I think that as far as the approval that - the County required a monitoring system of wells to be installed. That monitoring system of wells will tell us what is happening with the water basin. What we have had in the past is, wells that are used on an everyday basis, used for monitoring. . . Mayor Connors: So you did not know whether there was water when you told them there was no water . . . Page 12 Beaumont City Council December 5, 1989 Mr. Butcher: No, no, no, no, no, no. What I am trying to explain to you is that an overall basin monitoring plan, using monitoring wells, will give the engineers, and the technicians, more information on exactly what is happening to the groundwater basin. What the County did was started a monitoring program which should be carried out Pass Agency -wide. And that will give more information to all of the studies that the geologists have come up with. The studies that have told us that there is a groundwater overdraft came from the U.S. Geological survey. Mayor Connors: Then you were dealing with incorrect -- with incomplete information. Mr. Butcher: No, I am not saying it was incomplete information. Mayor Connors: There had to be some reason why there was no water today, and there was water tomorrow. There has to be some reason for that. . . Mr. Butcher: As I stated . . . Mayor Connors: And you are not addressing it, in my mind. Mr. Butcher: As I stated, Mayor Connors, the problem is that when you go into a courtroom situation, and you are sitting there dealing out services left and right, and you are saying no to the other end of the area, because it is the plug in the bathtub, if you will. You can't very well go in and say they can't develop, but we can. Because they do have overlying rights. As Mr. Shoap said, they have overlying ownership rights - water rights. However, we can't allow that water to leave the Riverside County area and go to the San Bernardino County area. That is a critical issue, and we didn't think we could get the planning staff, who made the statement, "well, gee, Yucaipa says they can serve it, let's let them serve it ". The Pass - the Boyle report on the Pass - for the Pass Agency - says there is a 2500 acre overdraft on the Beaumont basin. The proposed Landmark project would have increased that 2500 acre foot overdraft to 20,000 acre feet of overdraft, at build -out. That is very critical . . . Mayor Connors: I realize that . . . Mr. Butcher: That is very critical . Mayor Connors: I also . . . Mr. Butcher: And we are at the opposite end of the basin. . . Mayor Connors: 1 also don't need any further input on this particular part because I think it is very clear to me at this moment. Mr. Butcher: Okay. Mayor Connors: Mr. McLaughlin. Council Member McLaughlin: Well, 1 think, what I was going to ask Chuck. We keep talking about the Beaumont basin, and we talked - it goes down to where you just stated. Now, how far does it go east in the sense of going towards to our eastern neighbor, who doesn't seem to be involved in anything in the way of water problems. They seem to sink their wells, and do their own things, and pump many gallons out. Is that coming out of a different basin completely? Mr. Butcher: Some of it is, some of it isn't. The Presley, the Presley well. . . Council Member McLaughlin: Is this a proven fact, or is it a Page 13 Beaumont City Council December 5, 1989 Mr. Butcher: The Presley well and the C -2 well - yes - the Presley and the C -2 well come out of the Beaumont basin, but they come out east of the divide. Running through the Deutsch property is - the water running through the - in the Deutsch property runs east and runs west from that point. Banning also has their Banning bench. Their big canyon up there. The San Gorgonio river. . . Council Member McLaughlin: But I think some of their biggest wells, and biggest parts that they get their water from is coming from, theoretically, from the Beaumont basin. Mr. Butcher: They have two wells presently drilled in the Beaumont basin. The Presley well, and the C -2 well. The Presley well is located just south of the tracks, about a half a mile east of Highland Springs Road, and the C -2 well is located right next to the Chevy dealer on Ramsey. Council Member McLaughlin: Well how about the well that is just north of the hospital in that field. It pumps many - that is a pretty large. . . Mr. Butcher: I believe - I don't believe that is owned by Banning. I think that is owned by Mr. Deutsch. Council Member McLaughlin: But is that water coming out of the basin. Mr. Butcher: That is coming out of the Beaumont basin as well, yes. The basin over there is semi - diamond shaped, Don. It starts about Sunset and Ramsey and goes northwest and southeast on a line. Council Member McLaughlin: Then Dysart's Water Company also is out of Beaumont basin then. Mr. Butcher: He is a little bit farther north, Don. He might be out of that Banning bench basin. There are seven basins, seven sub - basins in all in this area. There is south Beaumont, the Beaumont, Singleton. . . Council Member McLaughlin: Because I think they have spoken of a water percolation thing somewhere southeast here of Beaumont, and that would, theoretically, supposed to go into our basin, so our basin must go towards the badlands, somewhere in that area? Mr. Butcher: They being Banning, are . . . Council Member McLaughlin: I don't know just exactly. It is sort of off in this area, I have heard of - that they thought of putting some percolation in that area. Would that be going then into the Banning basin, or into . . . Mr. Butcher: No, anything that would be south - well, down around your treatment plant - your wastewater treatment plant now - is overlying the south Beaumont basin. The line generally runs along San Timoteo Canyon Road, and on a straight line through Beaumont in a southeasterly direction. We have got maps over there at the office that show the basin. If you are interested, stop by - it is really hard to explain to you, you know. Because it is a big basin. It is a large basin. Council Member McLaughlin: Well, what I had in mind a little bit, was you are mad at Yucaipa f or pulling the plug on our bathtub, and maybe we have a neighbor who is sort of another plug on us - you know. . . Mr. Butcher: Well, that is true. That is very true. They have just - you know - the C -2 well has been there for quite a while. We redeveloped it, but it has been there for many, many years. Page 14 Beaumont City Council December 5, 1989 Council Member McLaughlin: I know it has, I know Mr. Butcher: They drilled their Presley well and they pumped it for a while, and found out it was awfully expensive to pump, so they went back to their canyon supply for water. Mayor Connors: Is there anything else Mr. McLaughlin? Council Member McLaughlin: No. Mayor Connors: Mrs. Leja. Council Member Leja: Okay, now that we have discussed all the boundaries, and the Landmark development, let's get back to the reason for us to form a water department. One of the questions, you say we have an overdraft. How long have we had an overdraft. Mr. Butcher: Based on the reports that I have seen, it has existed since the 1920s. Council Member Leja: The 1920s. And how many sewage water treatment plants do we have. Mr. Butcher: At the present time. Overlying the Beaumont basin, you have one. Council Member Leja: And. . Mr. Butcher: Well, actually, it is not overlying the Beaumont basin, it is overlying the south basin. Council Member Leja: And when was that built. Mr. Butcher: Bob, it is your plant. City Manager: It is before I came. Council Member Leja: Do we have any water reclamation. Mr. Butcher: Well we have, along with Mr. Bounds, and the Pass Water Agency, have been discussing water reclamation, wastewater reclamation. . . Council Member Leja: So we are just now discussing it when there has been an overdraft since 1920. That is lack of planning. Mr. Butcher: Well, I think you are right. I think your right. And I proposed wastewater treatment two years ago, and I was told I was told - your crazy. Council Member Leja: Well, you know, I grew up in a little town in Tennessee, in east Tennessee, where we have lots and lots of water everywhere, and we have sewage water treatment plants since I can remember. Mr. Butcher: Well, and I think that is very good for the people in Tennessee, but the folks up here in the Pass area didn't really want to do that. Council Member Leja: But, this is your department. You know, don't you feel that possibly - we are suffering because of the overdraft situation - I mean, isn't it your responsibility to insure the fact that we start replenishing that water. Mr. Butcher: Oh, I agree. I agree. I agree 100'. The Beaumont - Cherry Valley Water District does not own the outflow rights to that sewer plant. That is one problem we have got. As far as have we done anything to try to offset the overdraft, yes we have. Page 15 Beaumont City Council December 5, 1989 Council Member Leja: What. Mr. Butcher: We have instituted, in 1980, a meter program which has greatly reduced our water loss. Remember, this is a rural community. We had extremely high water losses, which we have greatly reduced over the last ten years. In 1979, we had a 25% water loss. Last year we had less than 5 %. We had built forty percolation ponds in San Bernardino County, on our property, to percolate run -off water, that would normally be lost to the Pass area. The Riverside County Flood Control and Water Conservation District . . . Council Member Leja: When were those built. Mr. Butcher: Pardon me. Council Member Leja: When were the percolating ponds built. Mr. Butcher: Over the last five years. Although we haven't had any rain. In fact, I think that is what caused the drought is I built the damn percolation ponds - you know, I was going to run a bulldozer down through the middle of them this time - maybe it will start raining after we mow them down. Council Member Leja: Would you consider our main cause for the overdraft is the drought. Mr. Butcher: No. No. I - we haven't had a drought for the last sixty years. I think one of the causes of the overdraft is - was - the lack of efficient operation, overall. Council Member Leja: And that is up to the water district. Mr. Butcher: Absolutely. And the water district has done something about it in the past ten years, and has greatly reduced their water loss to a very respectable level. We are planning for the future - in fact, in 1974, the district pumped almost 5,000 acre feet of water for less than 3,000 consumers. Last year, we pumped 5200 acre feet for almost 5,300 consumers. That is services. So, you can see there is only a 200 acre foot increase, but yet over 2,000 meters have been added. I think that says that the district has conserved - they have a telemetry system that monitors all of the water levels in the tanks, minimizing the chance of overflow. They do annual efficiency tests on all of their pumps to determine the efficiency, and rebuild them as needed. There are many, many programs that the water district has now that didn't exist ten years ago. Council Member Leja: But the problem existed over ten years ago, like you said, since the 1920s. Mr. Butcher: Oh, absolutely, absolutely. But, again, part of that problem was that Moreno - call them Moreno interests if you will - were pumping large quantities of water and delivering to the farmlands of the Moreno Valley. That occurred clear into the forties before that was stopped. And, so, that was a big contributing factor. But this basin also supplies south mesa. They have some wells in the basin. Even Redlands does. Council Member Leja: Right. But what - you said mismanagement and mis- planning on behalf of the water district. Mr. Butcher: I am not only saying our water district, but I am saying, the City of Banning, I am saying all of the users of water in the Beaumont basin. Council Member Leja: Don't you think it would be a valuable Page 16 eaumont City Council December 5, 1989 service, even for your water district, for us to have a water department. Mr. Butcher: No I don't. I think what it would actually be would be utilizing public funds of the water user, and of the taxpayer, to do a shadow job on both. . . Council Member Leja: But we have been entrusting you, totally, to take care of our water problems, and water needs, and to make sure that there is water, and to address these facts over all these years. Mr. Butcher: That is exactly what we are doing. Council Member Leja: But only - from what I understand - what - the past five years. Mr. Butcher: All I can - all I can - all I can say is, is that there is nothing - there is nothing that the present staff and the present board can do about the past. Nor is there anything that you, as Council Members, and your staff, can do about the past. Council Member Leja: But we can. . . Mr. Butcher: We can't change what happened yesterday - or last week or last year or sixty years ago. And, of course, sixty years ago, I don't think people worried about overdraft. I think what - all they were worried about was getting water on their crops, and that was it. There was no concern about overdraft. As a matter of fact, in 1972. . . Council Member Leja: What was the water district's concern. . . Mr. Butcher: The State said this area was not going to grow. That it would not need supplemental water for growth. Mayor Connors: Mr. Butcher, Mrs. Leja is trying to ask you a question. Mr. Butcher: I was finishing an answer. Council Member Leja: What was the water district's concern. You said it was most people's concern here wasn't to just simply to water their crops, but - and they weren't concerned about overdraft. What was the water district's concern at that time. Mr. Butcher: I have no idea. I wasn't here. Sorry about that. Council Member Leja: Well, you know, that is important -- I think that is one reason why we are going in the direction we are in forming a water department to study these things. Like we said we are not trying to set up water service tomorrow morning. We want to study these things. We want to be well planned. We want to think ahead, because everybody knows if you wait ten years from now, it is going to cost us eighty times more to build the conservation needs that we need. And, in a way, you know, starting five years ago, that is commendable that you have started - but, we have got to start taking care of what is already here - not just what is coming - but what is already here. Mr. Butcher: That is what we are tying to do. Council Member Leja: Well, 1 think that is what we are trying to do as well. And we are trying to protect Beaumont's interest. You have other interests besides the City of Beaumont, and I think it would be very responsible of this City to set up a water department for those reasons. Mayor Connors: Do you have anything else. Council Member Leja: That is all. Page 17 - eaumont City Council December 5, 1989 Mayor Connors: Mr. Parrott, do you have anything specifically for Mr. Butcher. Council Member Parrott: I have nothing. Mayor Connors: A11 right. Thank you Mr. Butcher. Is there anyone wishing to speak for or against on Item No. 8. Is there anyone else wishing to speak on item No. 8. Is there anyone else, for or against, on Item No. 8. All right, we will close the public hearing. The public hearing was closed at 8:26 P.M. There being no additional comments from the Council, Mayor Connors summarized her feeling that it seems there is a problem of there being no water one day, and water the next - and also the problem of when the water district heard the words Beaumont Water Department, the district suddenly had a lot of things they wanted to tell the City they weren't interested in telling the City before. So it appears they are a group of reaction rather than action, and the future that everyone keeps talking about is right now, and something has to be done right now about it. There was no further discussion. a. RESOLUTION NO. 1989 -70 - Finding, Determining, Declaring and Certifying that the Formation of the Water Department of the City of Beaumont will not have a Significant Effect on the Environment. Motion by Council Member McLaughlin, second by Council Member Bauer, to adopt Resolution No. 1989 -70. AYES: Council Member Bauer, Leja, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. b. RESOLUTION NO. 1989 -71 - Approving Formation of the City Water Department and Declaring Council Policy on Water Operations. Motion by Council Member Bauer, second by Council Member McLaughlin, to adopt Resolution No. 1989 -71. AYES: Council Member Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. END PUBLIC HEARINGS Bauer, Leja, McLaughlin, Parrott and The meeting was recessed at 8:28, reconvening at 8:37 P.M. 9. Appeal of Conditions of Approval Established by Director of Community Development for Minor Plot Plan. Appellant: James L. Hayes. Location: 695 Beaumont Avenue. (89- MPP -15). Stephen Koules, Director report concerning the approval, as well as the this report is a matter were comments concerning Koules, by the Council. of Community ninor plot p: basis for Mr. of record in this project, Development, presented his Lan and its conditions of Hayes' appeal. (A copy of the Clerk's file). There and questions asked of Mr. Mr. James Hayes addressed the Council giving the background of the application process he followed, and his reasons for filing an appeal of Conditions No. 6 and 10 of the conditions of approval. Page 18 Beaumont City Council December 5, 1989 Lengthy discussion followed, in which all Council Members participated, with specific questions being asked concerning Mr. Hayes' intended use of the property, and the requirements of Title 17 as applied to this property. Council Member Leja requested a continuance to the next regular meeting, to allow additional time for Council Members to review all issues involved with the possibility of additions, modifications or deletions to the conditions of approval. It was the consensus of the Council to continue Agenda Item No. 9 to the regular meeting of December 11, 1989. 10. Request from Times Mirror Cable Company for Franchise to Operate a Cable TV Service in the City of Beaumont. A report was received from the City Manager giving information concerning the procedures for the granting of a cable television franchise, and advising that Times Mirror Cable Co. had met all necessary requirements of Chapter 5.36 of the Municipal Code. RESOLUTION No. 1989 -72 - Resolution of Intention to Grant a Non - Exclusive Cable TV Franchise to Times Mirror Cable Co., and Setting Date for Hearing. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt Resolution No 1989 -72, setting the date for hearing of January 8, 1990. AYES: Council Member Bauer, Leja, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 11. Request from Riverside County Waste Management for Approval of Modification for the Riverside County Solid Waste Management Plan. A report was received from the City Manager concerning this request. Motion by Council Member Bauer, second by Council Member McLaughlin, to approve the modifications for the Riverside County Solid Waste Management Plan. AYES: Council Member Bauer, Leja, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 12. ORDINANCE NO. 680 - Second Reading - Repealing Chapter 6.16 and Section 6.20.110 of the Beaumont Municipal Code and Adding to the Beaumont Municipal Code Chapter 6.16, Dealing with Dogs -- Licenses, Tags and Fees, and Adding Sections 6.20.110 and 6.24.050. Motion to Read Ordinance No. 680 by Title only. Motion by Council Member Bauer, second by Council Member McLaughlin, to read Ordinance No. 680 by title only. AYES: Council Member Bauer, Leja, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. The Ordinance was read by title only by the Deputy City Clerk. Page 19 Beaumont City Council December 5, 1989 Motion to Adopt Ordinance No. 680 at its Second Reading. Motion by Council Member Bauer, second by Council Member McLaughlin, to adopt Ordinance No. 680 at its second reading. AYES: Council Member Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. Bauer, Leja, McLaughlin, Parrott and 13. RESOLUTION NO. 1989 -73 - Establishing Fee Schedule for Spay Neuter Deposit When Adopting Dogs and Cats from the Beaumont Animal Shelter. Motion by Council Member Bauer, second by Council Member McLaughlin, to adopt Resolution No. 1989 -73. AYES: Council Member Bauer, Leja, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 14. ORDINANCE NO. 681 - Second Reading - Adding Chapter 5.38, Sections 5.38.010 through 5.38.070, Inclusive, to the Beaumont Municipal Code, Establishing Filming Permit Procedures and Fee Schedule. Motion to Read Ordinance No. 681 by Title Only. Motion by Council Member Bauer, second by Council Member Leja, to read Ordinance No. 681 by title only. AYES: Council Member Bauer, Leja, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. Motion to Adopt Ordinance No. 681 at its Second Reading. Motion by Council Member Parrott, second by Council Member Bauer, to adopt Ordinance No. 681 at its second reading. AYES: Council Member Bauer, Leja, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 15. 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 13, 1989. b. Approval of Warrants as Audited per Warrant List of November 27, 1989, in the amount of $265,992.72; and Payroll of November 9, 1989, in the amount of $52,897.01. C. Consideration of Approval of Cooperative Agreement with Riverside County Fire Department to Provide Fire Protection, Rescue and Medical Aid for the City of Beaumont, for Fiscal Year 1989 -90, and Authorization for Mayor to Execute Same. Motion by Council Member McLaughlin, second by Council Member Leja, to adopt the consent calendar. Page 20 AYES: Council Member Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. Beaumont City Council December 5, 1989 Bauer, Leja, McLaughlin, Parrott and Date Set for Next Regular Council Meeting, Monday, December 11, 1989, 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 Bauer, the meeting was adjourned at 9:48 P.M. Respectfully submitted, City Clerk Page 21 BEAUMONT CITY COUNCIL MINUTES OF DECEMBER 11, 1989 The Beaumont City Council met in a regular meeting at 7:00 P.M., on Monday, December 11, 1989, in the City Council Chambers, with Mayor Connors presiding. On roll call the following Council Members were present: Bauer, Leja, McLaughlin, Parrott and Mayor Connors. The Invocation was given by Mayor Connors. The Pledge of Allegiance was led by Mayor Connors. 1. Clerk's Affidavit of Posting. The Clerk's affidavit of posting the agenda was read into the record. 2. Adjustments to Agenda There were no adjustments to the agenda. 3. ORAL COMMUNICATION: Anyone wishing to address the Council under oral communication, or on any agenda item, should fill out a Request to Speak Form and give it to the Deputy City Clerk at the beginning of the meeting. The forms are available on the railing at the front of the Council Chambers. There was no one requesting to speak during oral communication. PUBLIC HEARINGS - 7:00 P.M. 4. PLOT PLAN 89 -PP -5, Amend. #B, and NEGATIVE DECLARATION 89- ND -16. Applicant: John Hostetler. Location: 1141 Beaumont Avenue. A proposal to construct an approx. 5,824 sq.ft. office building. The staff report concerning this agenda item was presented by Stephen Koules, Director of Community Development, with a recommendation for approval. The public hearing was opened at 7:05 P.M. Mr. John Hostetler, 19861 Salt Water Circle, Huntington Beach, the applicant for this project, speaking in favor of the application: I am the applicant and want to simply say that we have worked quite extensively with both staff, as well as engineering. We have been through plot plant review three different times, and probably the most difficult thing was meeting the fire codes. That, I think, took probably the greater portion of the time. The architectural styling of the building. We attempted to identify with some project here in the area, but there is quite a mixture of architectural styling, so you might say what we have done is take a structure which will be basically pre -cast concrete and add a little tradition to it with a brick facing. The building is predominantly single story. There is some two - story element which rests at the very rear of the property. I will say, certainly, that we agree with all the conditions set forth both by planning and by engineering, and I stand ready to answer any questions that the Council may have with regard to the building. Mayor Connors: Okay, thank you. Mr. McLaughlin. Page 1 We will begin at this end with Beaumont City Council December 11, 1989 Council Member McLaughlin: I have no questions. Mayor Connors: Mr. Bauer. Council Member Bauer: 1 have no questions. Mayor Connors: Mrs. Leja. Council Member Leja: Aye. Well, I see that you have taken a lot of planning in as far as including the deodar trees and all of those things. You said the front part is single story, and the back part is two story. Mr. Hostetler: Yes. If I may go to the board here. This portion right here is all single story, which is well removed from the street, and we did that for a reason that - to keep a fairly low profile - taking a two story building and setting it right up - boom - along the street. There are one or two buildings in the area that have that design, and I think you add a lot more appeal to it if you lower the profile. Certainly, with the City architectural styling that exists today. Council Member Leja: Have you made a list of the type of materials that will be used, and the type of glass, etc., for the quality of the building. Mr. Hostetler: Well, quality. You are going to have fairly decent quality in regard to the building. Glass will be a colored glass, probably, with either a slight blue tint or a gray tint to it. The surface, concrete surface, will be a sand blasted surface, giving it some aggregate exposure. The brick itself will probably be a hard faced brick, probably more on the darker side. The true color and specifics in regard to the actual material hasn't been selected as yet. Council Member Leja: But I trust that will be quality work. I mean, the wind is not going to blow through the - like some homes. Mr. Hostetler: I wouldn't think so. Council Member Leja: Okay, that's all. Mayor Connors: Mr. Parrott. Council Member Parrott: I have looked over the plans and they look pretty decent to me. I am glad that you are putting in a - the lower section in the front, and the higher in the back. That looks good. Mr. Hostetler: Thank you. Mayor Connors: Thank you. Is there anyone else wishing to speak in favor of Item No. 4. Is there anyone else wishing to speak in favor of Item No. 4. Is there anyone wishing to speak in opposition of Item No. 4. Is there anyone wishing to speak in opposition of Item No. 4. Is there anyone wishing to speak at all on Item No. 4. Is there anyone wishing to speak at all on Item No. 4. We will close . . . Will you come forward. Give your name and address for the record. Alexander Carillo, 1766 Beech Place: Mr. Hostetler, is it. Did you. . . have you built any of these buildings before. Mr. Hostetler: We have not built commercial. Mr. Carillo: That is the only question I have. Mayor Connors: Okay. Is there anyone else that wishes to speak on Item No. 4. Does anyone else wish to speak on Item No. 4. We will close the public hearing. Page 2 Beaumont City Council December 11, 1989 The public hearing was closed at 7:10 P.M. a. Consideration of Adoption of Negative Declaration 89- ND -16. Motion by Council Member Bauer, second by Council Member McLaughlin, to adopt Negative Declaration 89- ND -16, based on the findings. AYES: Council Member Bauer, Leja, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. b. Consideration of Approval of Plot Plan 89 -PP -5 Subject to the Conditions of Approval. Motion by Council Member McLaughlin, second by Council Member Bauer, to approve Plot Plan 89 -PP -5 subject to the conditions of approval. AYES: Council Member Bauer, Leja, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 5. CONDITIONAL USE PERMIT 89 -CUP -2 Amend. #B and NEGATIVE DECLARATION 89- ND -14. Applicant: Precision Stamping, Inc. Peter Galling. Location: S/E Corner of 6th Street and Egan Avenue, with parking lot at N/W Corner of 5th Street and Grace Avenue. A proposal to construct a 4,100 sq.ft. manufacturing building addition to an existing 21,000 sq.ft. manufacturing /warehouseing complex, and construction of a new parking lot adjacent to the existing building on the adjacent east lot. The Community Development Director presented his staff report concerning this agenda item, with a recommendation for approval. The public hearing was opened at 7:17 P.M. Mr. Peter Galling, 27735 Pochea Trail, Hemet, the applicant, addressed the Council in favor of this project: I am the president of Precision Stampings. Precision Stampings has been at this location, or approximate location extending into several buildings, since 1966. At this time, again, we need to expand. In order to meet your, I believe, City requirements for additional parking, we acquired the property of 248 and 242, I believe, W. 5th Street, and we intend to demolish the building and make that an additional parking lot. I don't know about the ten year use permit. I don't know what you are going to do after ten years - say, tear it down, or whatever. I think that is kind of redundant. But, that is it. Mayor Connors: Okay. Does anyone have any questions or comments, beginning with Mrs. Leja. Council Member Leja: No comments. Mayor Connors: Mr. Parrott. Council Member Parrott: No comments. Mayor Connors: Mr. McLaughlin. Council Member McLaughlin: The only thing I can see is in being downtown and looking at the situation I think it is really an asset to do what Mr. Galling is intending to do. Because those buildings have been there a long time. They are not occupied at this time I don't believe, so this will be something that will Page 3 Beaumont City Council December 11, 1989 enhance our downtown area. We are trying to do that, and I think what he is doing is going to be very good. Mr. Galling: Will you help pay part of the parking. Council Member McLaughlin: I can't hear you. Mayor Connors: You are both real quick, aren't you. Mr. Bauer. Council Member Bauer: I have no particular comment except to say that I believe that our staff is doing an excellent job of upgrading the City of Beaumont. That is what we want. We want the City of Beaumont to continually improve. And this type of work will accomplish that. Thank you. Mayor Connors: Okay. Mrs. Leja. I am not sure where I left off, to tell you the truth. Okay. Is there anyone else wishing to speak in favor of Item No. 5. Is there anyone else wishing to speak in favor of Item No. 5. Is there anyone wishing to speak in opposition to Item No. 5. Is there anyone wishing to speak in opposition to Item No. 5. Is there anyone wishing to speak at all on Item No. 5. Anyone wishing to speak at all on Item No. 5. We will close the public hearing. The public hearing was closed at 7:21 P.M. There was no further discussion. a. Consideration of Adoption of Negative Declaration 89- ND -14. Motion by Council Member Bauer, second by Council Member Leja, to adopt Negative Declaration 89- ND -14, based on the findings. AYES: Council Member Bauer, Leja, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. b. Consideration of Approval of Conditional Use Permit 89- CUP -2. Motion by Council Member McLaughlin, second by Council Member Bauer, to approve Conditional Use Permit 89- CUP -2, subject to the conditions of approval. AYES: Council Member Bauer, Leja, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. END PUBLIC HEARINGS. 6. Appeal of Conditions of Approval Established by Director of Community Development for Minor Plot Plan. Appellant: James L. Hayes. Location: 695 Beaumont Avenue. (89- MPP -15). (Continued from December 5, 1989). There was lengthy discussion with the Council specifically addressing questions relative to requiring slats in the fence, outdoor storage and off - street parking, with questions regarding the specific requirements answered by Stephen Koules. The applicant, James Hayes, also addressed the Council during this discussion period. a. Consideration of Granting or Denial of Appeal. b. If the appeal is granted, Consideration of Approval of Minor Plot Plan with Deletions, Additions or Amendments to Conditions of Approval Based on Appeal of Original Conditions. Page 4 -eaumont City Council December 11, 1989 Motion by Council Member McLaughlin, second by Council Member Bauer, to approve Minor Plot Plan 89- MPP -15, with amendments to the conditions of approval, based on the appeal of the original conditions. AYES: Council Member Bauer, Leja, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. Let the record show that, based on the appeal by James Hayes of Conditions No. 6 and 10 of the Conditions of Approval for Minor Plot Plan 89- MPP -15, the City Council amended the conditions as follows: Condition No. 6 shall read: No outdoor storage, displays or operations shall be allowed outside of the carport area. Condition No. 10 will remain in effect as written. Condition No. 11 shall be added: Existing garages shall be used for off - street parking 9 a.m. until 5 p.m., Tuesday through Saturday. 7. Consideration of Request for a One Year Extension for a Proposed 57,015 sq.ft. mini - warehouse complex, and a 1,877 sq.ft manager's residence, on 3.47 acres, located on the north side of 6th Street, between Illinois and American Avenues. Applicant: Ron Whittier/ Jasper Stone Development Co. (87- PP -11, Amend. 12 /Negative Declaration 87- ND -22). The staff report concerning this request was presented by Stephen Koules, Director of Community Development. There was brief discussion, with all the Council agreeing this proposed project would be a definite improvement of the property in question, and a very good use of the land. Motion by Council Member Bauer, second by Council Member Leja, to grant a one year extension for 87- PP -11, Amend. #2. AYES: Council Member Bauer, Leja, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. The meeting was recessed at 8:23, reconvening at 8:33 P.M. 8. Consideration of Designating a Council Member to Serve on the Board of Directors of the Riverside Transit Agency (RTA). Motion by Council Member McLaughlin, second by Council Member Bauer, to designate Council Member Frank H. Parrott as the City's representative on the Riverside Transit Agency Board of Directors. AYES: Council Member Bauer, Leja, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 9. Request from Council Member Bauer to Consider Calling for Applications for Planning Commission. Council Member Bauer stated he felt it was time for the Council to take some positive action to form a new Planning Commission. Page 5 Beaumont City Council December 11, 1989 The City Manager advised the Council of the procedure which must be followed if they desire to call for applications for the Planning Commission. Discussion followed with the Council indicating what they wished to be contained in the notice and on the application form. Motion by Council Member Bauer, second by Council Member McLaughlin, to call for applications for the Planning Commission, using the standard application, and asking that a resume be forwarded with the application, and also answering the question of why they feel they should serve, and how they feel they could benefit the City of Beaumont, by serving on the Planning Commission, with the deadline for applications to be January 10, 1990, at 5:00 P.M. AYES: Council Member Bauer, Leja, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 10. a. RESOLUTION NO. 1989 -74 - Providing the Method of Drawing Warrants or Checks on the City Treasury. b. RESOLUTION NO. 1989 -75 - Providing the Method of Drawing Warrants or Checks on Accounts of Assessment District 1983 -1. The City Manager presented his report, a copy of which is a matter of record in the Clerk's file. Motion by Council Member Bauer, second by Council Member Leja, to adopt Resolutions No. 1989 -74 and 1989 -75. AYES: Council Member Bauer, Leja, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 11. a. RESOLUTION NO. 1989 -76 - A Resolution of Intention to Approve an Amendment to Contract Between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of Beaumont. A report was presented by the City Manager, a copy of which is a matter of record in the Clerk's file. Motion by Council Member McLaughlin, second by Council Member Bauer, to adopt Resolution No. 1989 -76. AYES: Council Member Bauer, Leja, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. b. City Manager's Statement on Fiscal Impact of Amendment to Public Employees Retirement System's Contract. Mr. Bounds' statement of fiscal impact of this amendment to the contract was included in the staff report given to the Council prior to consideration of Resolution No. 1989 -76. c. ORDINANCE NO. 682 - FIRST READING - Authorizing an Amendment to the Contract Between the City Council of the City of Beaumont and the Board of Administration of the California Public Employees' Retirement System. Page 6 ueaumont City Council December 11, 1989 Motion to Read Ordinance No. 682 by Title only. Motion by Council Member Bauer, second by Council Member Leja, to read Ordinance No. 682 by title only. AYES: Council Member Bauer, Leja, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. The Ordinance was read by title only by the Deputy City Clerk. Motion to Approve Ordinance No. 682 at its first reading. Motion by Council Member McLaughlin, second by Council Member Leja, to approve Ordinance No. 682 at its first reading. AYES: Council Member Bauer, Leja, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 12. Consider Authorizing Mayor to Execute Agreement for Purchase of Real Property from Western Poultry, Inc., and Escrow Instructions for Same. The City Manager presented his report, a copy of which is a matter of record in the Clerk's file. Brief comments were received from Council Members Parrott and Bauer. Motion by Council Member McLaughlin, second by Council Member Bauer, to authorize the Mayor to execute Agreement for Purchase of Real Property from Western Poultry, Inc., and Escrow Instructions for same. AYES: Council Member Bauer, Leja, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 13. Authorize City Manager to Solicit Proposals from EIR Consultants to Prepare an EIR for the Water Master Plan. A report was received from the City Manager concerning this request, which report is a matter of record in the Clerk's file. Motion by Council Member Parrott, second by Council Member Bauer, to authorize the City Manager to solicit proposals from EIR consultants to prepare an EIR for the Water Master Plan. AYES: Council Member Bauer, Leja, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 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. Consideration of Approval of Warrants as Audited per Warrant List of December 11, 1989, in the amount of $75,737.42; Payroll of November 23, 1989, in the amount of $53,951.37 and Special Payroll of December 8, 1989, in the amount of $15,021.24. Page 7 Beaumont City Council December 11, 1989 Motion by Council Member McLaughlin, second by Council Member Bauer, to adopt the Consent Calendar. AYES: Council Member Bauer, Leja, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. Regular Meeting of Monday, December 25, 1989 canceled due to Christmas Holiday, with Date Set for Next Regular Council Meeting, Monday, January 8, 1990, 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 Bauer the meeting was adjourned at 9:12 P.M. Respectfully submitted, j7 City Clerk Page 8