HomeMy Public PortalAbout1990BEAUMONT CITY COUNCIL
MINUTES OF
SPECIAL MEETING OF JANUARY 21 1990
The Beaumont City Council met in a Special Meeting at 10:00 a.m.,
on January 2, 1990, 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.
1. Clerk's Affidavit of Posting the Agenda.
The Clerk's affidavit of posting the agenda was read into the
record by the City Clerk.
2. Consider Approval of a Tolling Agreement between the City of
Beaumont and the Beaumont - Cherry Valley Water District
regarding Assertion of Claims Pursuant to Public Resources
Code Section 21000 et seq. Against the City of Beaumont in
Connection with the City's Action to Form a Water Department,
and Authorize the Mayor to Execute Said Agreement.
City Manager Bounds explained the reason for the Tolling
Agreement. He also reported that the agreement would be
approved by the Beaumont - Cherry Valley Water District at its
regular meeting January 4, 1990.
City Manager Bounds recommended approval of the Tolling
Agreement and authorization for the Mayor to execute same.
Council Member McLaughlin made the motion to approve the
Tolling Agreement and authorized the Mayor to execute same.
Seconded by Council Member Leja and passed by the following
vote:
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Council Member Bauer moved that the meeting be adjourned at
10:07 a.m.
Respectfully submitted,
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City Cler
BEAUMONT CITY COUNCIL
MINUTES OF
JANUARY 8, 1990
The Beaumont City Council met in a regular meeting at 7:00 P.M., on
Monday, January 8, 1990, 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 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.
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.
Mr. Ray Gonzales, Area Representative for Southern California
Edison Company, introduced himself to the newly elected Council
Members and welcomed them.
PUBLIC HEARINGS - 7:00 P.M.
CONSIDERATION OF GRANTING A NON- EXCLUSIVE CABLE TV FRANCHISE TO
TIMES MIRROR CABLE_
The City Manager presented his staff report, with a recommendation
for approval. A copy of the staff report is a matter of record in
the Clerk's file.
The public hearing was opened at 7:05 P.M.
Mr. Dick Waterman, representing Times Mirror Cable Company,
Irvine, California: Basically I just wanted to speak in favor of
awarding of the franchise to our company. I think the information
we provided in the application forms, and the additional
information, should tell you a lot about our company. I hope you
know about us already, but we are one of the top ten cable
television companies in the country. We serve over a million
customers nationwide. We operate in fourteen states. We are one
of the few, in fact the only, major cable television company
headquartered with our corporate office in California. We are
very experienced in the field. We have been serving in Orange
County for twenty -five years. And we emphasize customer service
and will look forward to building our cable television system here
in the City of Beaumont.
With that brief remark, I would be more than happy to answer any
questions that any Council Members might have.
Mayor Connors: Okay. Questions and comments. Mr. Bauer.
Council Member Bauer: No.
Mayor Connors: Mrs. Leja:
Council Member Leja: No.
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Beaumont City Council
January 8, 1990
Mayor Connors: Mr. Parrott.
Council Member Parrott: No.
Mayor Connors: Mr. McLaughlin.
Council Member McLaughlin: No.
Mayor Connors: Okay. Thank you. Is there anyone else wishing to
speak in favor of Item No. 4. Is there anyone 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
to Item No. 4. Anyone wishing to speak at all. Anyone wishing to
speak at all. We will close the public hearing.
The public hearing was closed at 7:08 P.M.
'ORDINANCE NO. 683 - FIRST READING - Granting a Non - Exclusive
Franchise to Times Mirror Cable Television to Construct, Operate
and Maintain a Community Antenna Television System within the City
of Beaumont in ccor ance with Orman ec No. 529 subject to the
Terms and Conditions Set Forth Herein.
Motion to read Ordinance No. 683 by title only.
Motion by Council Member Bauer,
second by Council
Member
McLaughlin, to read Ordinance No. 683
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. 683 at
its first reading.
Motion by Council Member Bauer,
second by Council
Member
McLaughlin, to approve Ordinance No.
683 at its first
reading.
AYES: Council Member Bauer, Leja,
McLaughlin, Parrott
and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
�. CONSIDERATION OF INCREASE IN FEES FOR
RUBBISH SERVICE.
A report was received from the City Manager presenting the
background information regarding this increase in fees, and
recommending the resolution increasing the fees be adopted. A
copy of his report is a matter of record in the Clerk's file.
There were no comments or questions from the Council.
The public hearing was opened at 7:14 P.M.
Janis Guymon, General Manager for Inland and_Disposal,__In-" : Just
briefly, I would like to thank you for the cooperation of staff as
we submit these applications each year. Basically passing along
the pass - throughs for the County. As you all may be aware, and Mr.
Bounds and I will be getting into this a little further and making
reports to you, the State has passed legislation - AB939 - that
is looking at implementing recycling into all cities and counties,
and is also addressing its current situation with the landfill
crisis all over the State. And that is one of the main reasons
for that large increase on the County's portion. The landfill
tipping fees. Part of that is already earmarked for the state.
So that is part of the reason there, and we just are pleased to be
working with you, and if you did have any additional questions, I
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Beaumont City Council
January 8, 1990
would be happy to try and answer them.
Mayor Connors: Okay. Thank you. And we will begin with Mr.
McLaughlin.
Council Member McLaughlin: I haven't any questions to ask her.
Mayor Connors: Mr. Bauer.
Council Member Bauer: No.
Mayor Connors: Mrs. Leja.
Council Member Leja: How soon has the State made - with the
passage of this legislation - do they think they will start with
the recycling.
Ms. Guymon: The mandates are set for a 25% reduction in the
wastestream by the year 1995, achieving a 50% reduction by the
year 2,000. So they are looking to have plans, that are called
Integrated Waste Management Plans, that will be submitted by
cities and counties alike, that are to start arriving during the
latter part of 1990, and to be approved by the middle of 1991.
Council Member Leja: Will this cost - I know it is going to be
better for the environment, but will the cost to the customer be
greater with the recycling. Or will it be basically the same.
Ms. Guymon: It does look at this point in time that it will need
to be treated as a separate service, so there will be some cost
associated with it. But part of what is being investigated right
now is how the markets for the recyclable goods can be stabilized
as opposed to how they have been in the past. And, with that
market being stabilized, that would produce some revenue that will
offset part of the cost of operating the recycling programs.
So there are a variety of alternatives that are being considered
now, that we will be researching, and bringing to staff's
attention, and with them, then, making a recommendation to you,
that will show you some of how it is being handled in other cities
right now. Some counties are implementing programs. And then
with all those alternatives, we would be able to pursue which one
would be the most cost effective, given our local circumstances.
Council Member Leja: But will it include both commercial and
residential waste.
Ms. Guymon: Yes, with the volume that this state is looking at,
it is going to have to include commercial establishments in
recycling also.
Council Member Leja: Thank you.
Council Member Parrott: I have a question. Will these have to be
new trucks or are you going to furnish containers. How is it
going to be.
Ms. Guymon: It does look like additional vehicles that have
separate compartments to handle, for example, glass, newspapers,
plastics perhaps, and aluminum. That that type of a
compartmentalized vehicle would need to be used. Some programs
have been successful that just modified existing collection
trucks, and dividing them into compartments, so we are researching
that. And then, yes, most of the programs that have received the
best support from the community at large are programs that supply
three stacking cartons that they can separate the items in, and
put those at the curb the same day as they would put their trash
can out.
Council Member Parrott: I see.
Mayor Connors: Is that all, Mr. Parrott.
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Beaumont City Council
January 8, 1990
Council Member Parrott: That's all.
Mayor Connors: Is there anyone else wishing to speak in favor of
Item No. 5. Anyone else wishing to speak in favor. Okay. In
opposition, we have a request to speak from Mr. Joe Vrzal. Would
you come forward and state your name and address for the record
please.
Joe Vrzal, 720 California Avenue, Beaumont: I would like to speak
against the increase because we are getting more and more homes,
and there is more people on fixed incomes, and people raising
families, and I don't think it is affordable really. The neighbor
behind me he had his trash out there for a whole week, and they
didn't - the next time they come out they took it. I don't know
what ever happened. I think you ought to hold the line. Maybe
some of these new homes coming in can help pay part of the trash
and stuff, and I was just wondering if it had been established
here yet. You know, it works a hardship on these people raising a
family too. Not just senior citizens. That is all I have to
say. Any questions, why. . .
Mayor Connors: Okay. And we will begin now with Mr. Bauer.
Council Member Bauer: No questions.
Mayor Connors: Mrs. Leja.
Council Member Leja: No.
Mayor Connors: Mr. Parrott.
Council Member Parrott: No questions.
Mayor Connors: Mr. McLaughlin.
Council Member McLaughlin: I have no questions.
Mayor Connors: Thank you. Is there anyone else wishing to speak
in opposition to Item No. 5. Is there anyone else wishing to
speak in opposition to Item No. 5. Anyone else wishing to speak
at all on Item No. 5. Anyone else wishing to speak at all. We
will close the public hearing.
The public hearing was closed at 7:20 P.M.
RESOLUTION NO. 1990 -01 - Amending Resolution No. 1988 -23, and All
Other Resolutions in Conflict Herewith, to Provide for Updated
Rubbish Service Collection Costs for Residential Users and
Commercial Bin Users.
During the discussion, all Council Members expressed concern that
fees have to be increased, but acknowledged that it was inevitable
and necessary, especially in light of the need for recycling of
waste material to protect the environment, and the state mandates
concerning such recycling programs.
Motion by Council Member McLaughlin, second by Council Member
Leja, to adopt Resolution No. 1990 -01.
AYES: Council Member
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
END PUBLIC HEARINGS
Bauer, Leja, McLaughlin, Parrott and
Appeal of Denial of Administrative Plot Plan 89- APP -28.
• Appellant: Jerry Russell /Aesop Bros. Recycling. A proposal to
place a recycling business in the parking lot of the Shopping
Bag Liquor Store located at 999 E. 6th Street.
Page 4
Beaumont City Council
January 8, 1990
A staff report was presented by the Director of Community
Development giving the basis for denial of this administrative
plot plan. This report is a matter of record in the Clerk's file.
It was then pointed out by Mr. Koules that the City Attorney had
indicated to him the State codes require, in addition to the
property being located in a commercial zone, it must be located in
a convenience zone. A convenience zone is defined as one being
within a half mile radius of a major supermarket, and a
supermarket, in turn, is defined as having a gross annual sales of
two million dollars, which the Shopping Bag Liquor Store probably
does not qualify for.
Based on the staff report, and the additional information just
presented, Mr. Koules recommended denial of the appeal.
In response to a question from Council Member Parrott, additional
clarification was given by the City Attorney.
Mr. Richard Strong, attorney for Aesop Brothers Recycling,
presented testimony on behalf of the appellant in support of the
appeal.
Lengthy discussion followed, with all Council Members, the
appellant, Mr. Russell, and his attorney, the City Attorney and
the Director of Community Development participating.
a. Consideration of Granting or Denial of Appeal.
Motion by Mayor Connors, second by Council Member Leja, to deny
the appeal, based on evidence, or lack thereof, presented at the
hearing.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
7. ORDINANCE NO. 682 - 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. 682 by title only.
Motion by Mayor Connors, second by Council Member Bauer, 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 Adopt Ordinance No. 682 at its second reading.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to adopt Ordinance No. 682 at its second reading.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
8. Consideration of Applications for Appointment to Senior Citizens
Advisory Commission.
Page 5
Beaumont City Council
January 8, 1990
The City Manager stated only three applications were received,
those of the three incumbents, and recommended reappointment of
Mr. Merrill, Mrs. Sara and Mr. Tiber.
Motion by Council Member McLaughlin, second by Council Member
Leja, to appoint the three incumbents, Earl Merrill, Helen Sara
and Ray Tiber, for full two year terms.
ES: Council Member Bauer, Leja, McLaughlin, Parrott and
9. Consideration of Consultants to Prepare an EIR for the Master
Water Plan.
Mr. Bounds indicated staff was not prepared to recommend a
consulting firm at this time, and this item would be placed
on a future agenda.
10. CO SENT CALENDAR:
Approval of Minutes of Adjourned Council Meeting of December
5, 1989, Regular Council Meeting of December 11, 1989 and
Special Council Meeting of January 2, 1990.
Approval of Warrants as Audited per Warrant List of
January 8, 1990, in the amount of $282,860.59; Payroll of
December 7, 1989, in the amount of $54,448.28, and Payroll of
December 21, 1989, in the amount of $55,001.51.
Approval of Audit Report for Year Ended June 30, 1989.
Approval of Reimbursement Agreement Between Hughes Investments
and the City of Beaumont for Highland Springs Avenue Trunk
Sewer "B ", and Authorization for City Manager to Execute Same.
Approval of the SR -60 Interchange Location and Design Study
Between Jack Rabbit Trail and I -10, and Authorize Staff to
Submit the Report to CalTrans.
RESOLUTION NO. 1990 -02 - Appointing Robert J. Bounds as City
Clerk.
Motion by Council Member McLaughlin, second by Council Member
Leja, to adopt the Consent Calendar.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
11. Recess to Closed Session Pursuant to Government Code Section
54957, to Consider Personnel Matters.
The meeting was recessed to closed session at 8 :15 P.M.,
reconvening to regular session at 8:40 P.M. Let the record show
no action was taken in closed session.
Date Set for Next Regular Council Meeting, Monday, January 22,
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 McLaughlin, the meeting was adjourned at
8:41 P.M.
Respectfully submitted
i
City Cler
Page 6
Mayor Connors.
NOES:
None.
ABSTAIN:
None.
ABSENT:
None.
9. Consideration of Consultants to Prepare an EIR for the Master
Water Plan.
Mr. Bounds indicated staff was not prepared to recommend a
consulting firm at this time, and this item would be placed
on a future agenda.
10. CO SENT CALENDAR:
Approval of Minutes of Adjourned Council Meeting of December
5, 1989, Regular Council Meeting of December 11, 1989 and
Special Council Meeting of January 2, 1990.
Approval of Warrants as Audited per Warrant List of
January 8, 1990, in the amount of $282,860.59; Payroll of
December 7, 1989, in the amount of $54,448.28, and Payroll of
December 21, 1989, in the amount of $55,001.51.
Approval of Audit Report for Year Ended June 30, 1989.
Approval of Reimbursement Agreement Between Hughes Investments
and the City of Beaumont for Highland Springs Avenue Trunk
Sewer "B ", and Authorization for City Manager to Execute Same.
Approval of the SR -60 Interchange Location and Design Study
Between Jack Rabbit Trail and I -10, and Authorize Staff to
Submit the Report to CalTrans.
RESOLUTION NO. 1990 -02 - Appointing Robert J. Bounds as City
Clerk.
Motion by Council Member McLaughlin, second by Council Member
Leja, to adopt the Consent Calendar.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
11. Recess to Closed Session Pursuant to Government Code Section
54957, to Consider Personnel Matters.
The meeting was recessed to closed session at 8 :15 P.M.,
reconvening to regular session at 8:40 P.M. Let the record show
no action was taken in closed session.
Date Set for Next Regular Council Meeting, Monday, January 22,
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 McLaughlin, the meeting was adjourned at
8:41 P.M.
Respectfully submitted
i
City Cler
Page 6
BEAUMONT CITY COUNCIL
MINUTES OF
JANUARY 22, 1990
The Beaumont City Council met in a regular meeting at 7:00 P.M., on
Monday, January 22, 1990, 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 Council Member Leja.
The Pledge of Allegiance was led by Council Member Leja.
1. Clerk's Affidavit of Posting.
The Clerk's affidavit of posting the agenda was read into the
record.
2. Adjustments to Agenda.
The City Manager requested cancellation of the public hearing on
the environmental impact report for the wastewater management
system, Agenda Item No. 4, due to failure to publish the Notice of
Availability of the Draft EIR. This notice has now been
published, and a new public hearing on the Final EIR will be
noticed at a later date after completion of the review period of
the Draft EIR.
Council Member McLaughlin requested that Agenda Item No. 9 be
removed from the agenda due to information he just received
affecting his request. He will place it on a later agenda should
he still wish to make the request. There were no objections from
the Council.
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 were no requests to speak during oral communication.
4. PUBLIC HEARING - 7:00 P.M. - ENVIRONMENTAL IMPACT REPORT 90- EIR -1.
Applicant: City of Beaumont. The proposed construction of a
wastewater management system for the City of Beaumont.
This public hearing was canceled at the request of the City
Manager under adjustments to agenda.
5. ORDINANCE NO. 683 - SECOND READING - Granting a Non - Exclusive
Franchise to Times Mirror Cable Television to Construct, Operate
and Maintain a Community Antenna Television System within the City
of Beaumont in accordance with Ordinance No. 529, Subject to the
Terms and Conditions Set Forth Herein.
Motion to Read Ordinance No. 683 by title only.
Motion by Council Member McLaughlin, second by Council Member
Bauer, to read Ordinance No. 683 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 1.
Beaumont City Council
January 22, 1990
Motion to Adopt Ordinance No. 683 at its second reading.
Motion by Council Member Bauer, second by Council Member Leja, to
adopt Ordinance No. 663 at its second reading.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
RESOLUTION NO. 1990 -03 - Authorizing City Representatives to
Acquire Federal Surplus Property from the California State Agency.
A staff report was received from 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. 1990 -03.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
7. Request from H.E.L.P. for One Year Extension of Lease of City
Facility at 296 California Avenue, Subject to Terms and Conditions
of Existing Lease.
The City Manager presented his staff report, a copy of which is a
matter of record in the Clerk's file.
Motion by Council Member Bauer, second by Council Member Parrott,
to approve a one year extension to the lease for H.E.L.P., subject
to the terms and conditions of the existing lease.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
$� Consideration of Claim Filed by Justyn Zeman.
The City Manager recommended rejection of the claim based on
findings presented by the City Attorney.
Motion by Council Member McLaughlin, second by Council Member
Bauer, to reject the claim filed by Justyn Zeman, based on the
following findings:
1. That the documents and evidence reviewed thus far
fails to establish liability on the City of
Beaumont.
2. It is impossible to adequately evaluate the claim
without extensive discovery.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
9. Request from Council Member McLaughlin for Consideration of
Changing the City Council Meeting Night to the Second and Fourth
Tuesdays of each month.
This agenda item was removed from the agenda by request of Council
Member McLaughlin under adjustments to the agenda.
10.
Beaumont City Council
January 22, 1990
Consideration of Applications for Appointment to Beaumont Planning
Commission.
All council members agreed that, although the eight applications
received thus far were excellent giving them some very good
candidates, they felt more applications were needed from which to
make their selection for this Commission. It was also felt they
would like more time in order to interview each candidate
individually.
Motion by Council Member Parrott, second by Council Member
McLaughlin, to extend the deadline for receiving Planning
Commission applications for thirty days.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
After the vote was taken on this motion, there was discussion
during which it was agreed that a thirty day extension would mean
the applications could not be considered until the first meeting
in March, which the Council felt would create too long a delay.
Motion by Council Member Parrott, second by Council Member
Mclaughlin, to amend the previous motion to read that the deadline
be extended for receiving Planning Commission applications until
February 16, 1990, with consideration being given at the Council
meeting of February 26.
VOTE TAKEN ON AMENDED MOTION:
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
11. CONSENT CALENDAR - All Items Listed Under the Consent Calendar
are considered to be routine by the City Council and will be
approved on one motion. There will be no separate discussion of
these items unless a Council Member or Citizen so requests, in
which case the item will be removed from the Consent Calendar and
considered as a separate item.
a. Approval of Minutes of Regular Council Meeting of January S,
1990.
b. Approval of Warrants as Audited per Warrant List of
January 22, 1990, in the amount of $143,725.06; and Payroll
of January 4, 1990, in the amount of $54,936.77.
C. Consideration of Increase in Police Department Budget, Line
Item No. 2050 -4060, Contractual Services, in the amount of
$6,000.00.
d. Request for One Year Extension of Plot Plan 89 -PP -1.
Applicant: Hemet Valley Monuments /Josef Zerr. Location:
Corner of Wellwood Avenue and Fifth Street.
e. Approval of Management Services Agreement for Design
Coordination and Construction Management for: 3 MGD Water
Pollution Control Facility; Sewer Master Plans for Areas
"B", "C", "D" and "E "; and Pump Stations for Areas "B ", "C"
and "E", with Funding for this Agreement to be Paid from
Construction Funds Provided by Owners and Developers.
f. Authorization for City Attorney to Attend League of California
Cities Annual Seminar for Municipal Attorneys.
Page 3
Beaumont City Council
January 22, 1990
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.
12/. Recess to Closed Session Pursuant to Government Code Section
5 4 9 5 6 . 9 ( a ) , to confer with its attorney regarding pending
litigation which has been initiated formally, and to which the
City is a party.
The title of the litigation is Morse vs City of Beaumont, et al.,
Case No. 197 910, Riverside Superior Court.
The meeting was recessed to closed session at 7:26 P.M.,
reconvening to regular session at 8 :10 P.M.
Let the record show no action was taken in closed session.
Authorizing City's Insurance Company to Assume Defense in Case of
Morse vs City of Beaumont.
Motion by Council Member Leja, second by Council Member
McLaughlin, to authorize extending to the City's Insurance Company
that portion of the $25,000.00 deductible not already expended for
defense costs, and requesting that company to assume the full
defense of the case.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Date Set for Next Regular Meeting, Tuesday, February 13, 1990,
at 7:00 P.M., in the City Council Chambers, 550 E. 6th Street, due
to City holiday on Monday, February 12, 1990.
There being no further business to come before the Council, on
motion by Council Member Leja the meeting was adjourned at 8:11
P.M.
Respectfully submitted,
City Clerk
Page 4
MINUTES OF
JOINT SPECIAL MEETING OF
BEAUMONT CITY COUNCIL
AND
BOARD OF DIRECTORS OF THE
BEAUMONT- CHERRY VALLEY WATER DISTRICT
January 31, 1990
The Beaumont City Council met in a Special Joint Meeting with the
Beaumont - Cherry Valley Water District Board of Directors, on
Wednesday, January 31, 1990, at 7:00 P.M., in the City Council
Chambers, with Mayor Connors and President Russell presiding.
On roll call the following Council Members and Board Members were
present:
Council Member Bauer, Leja, McLaughlin, Parrott and Mayor Connors.
Director Brey, Grimes, MacKenzie, Molnar and President Russell.
1. The Clerk's affidavit of posting the agenda for the Joint
Meeting was read into the record by the Deputy City Clerk.
2. Consider resolving dispute between the City of Beaumont and
the Beaumont - Cherry Valley Water District regarding the
District's contemplated assertion of claims pursuant to
Public Resources Code Section 21000 et. seq. against the City
of Beaumont in connection with the City's December 5, 1989
formation of a Water Department.
In opening the agenda item, Mayor Connors welcomed President
Russell and the Water District Board Members to the joint
meeting, stating the Council was glad to be meeting with
them.
She then indicated since the Water District requested this
opportunity to tell the Council about the water district and
their plans for the future, they were ready to listen.
President Russell introduced Chuck Butcher, General Manager
for the Water District, who would begin the presentations.
Mr. Butcher advised their agenda would start with a slide
presentation of the existing water district facilities, to be
followed with a presentation by Mr. Dick Deussen,
Vice - President, Engineering- Science, Riverside office, who
will discuss some of the past, current and future projects.
Mr. Reichenberger, Vice - President, Engineering- Science,
Pasadena office, would conclude with a presentation regarding
water availability - supply and demand, imported water,
problems and possible solutions.
Mr. Butcher then commenced with the slide presentation of
existing Beaumont - Cherry Valley Water District facilities in
Beaumont and the surrounding area, giving brief explanations
as the slides were presented.
Mr. Dick Deussen, with the assistance of an overhead
projector, outlined major projects completed within the last
ten years or presently underway by the water district;
District planning studies either completed or underway;
existing water supply (a total of 21 wells with a gpm
capacity of 14,295 [20.6 mgd]); existing demands on the water
system (average day demand - 3,834 gpm, 5.52 mgd, 6,184 acre -
ft/yr, with a maximum day demand of 10.98 mgd and average
summer day of 9.55 mgd, and existing well capacity at 20.6
Page 1
Beaumont City Council
January 31, 1990
with the Beaumont basin providing 15.4 of that total) ; the
ultimate water demand (17,951 gpm, 25.85 mgd, 28,956 acre -
ft/yr, with a maximum day of 51.7 and average summer day of
45.2) .
Mr. John Reichenberger addressed the question of available
water supply from groundwater, imported water and reclaimed
water, as follows:
1. The groundwater safe yield from existing storage units,
on a long term dependable basis, is estimated to be
14,450 acre feet per year. The current status of
groundwater was stated as being in overdraft, with water
levels dropping one foot per year.
2. The San Gorgonio Pass Water Agency contract for imported
water is 17,300 acre feet per year, with the allocation
of the Beaumont - Cherry Valley Water District being 6,530
acre- ft /yr.
3. 300 acre feet per year of reclaimed water could be used
for current uses, with a groundwater recharge of 500 to
1800 acre- ft /yr. These current uses include schools,
parks and medians, CalTrans and golf courses.
Mr. Reichenberger presented a list of twenty -five recent
developments requesting service, with an average water demand
of 6,041 gpm. Insofar as available water is concerned, it
was indicated there is a total of 12,830 to 14,130 acre feet
per year available, with a current demand of 6,185, and an
ultimate demand in the sphere of influence of 28,950,
creating a future shortfall of 14,000 to 16,000 acre- ft /yr.
Looking at existing and planned project demands, the figures
were shown as current demand at 6,185 acre- ft /yr, with
planned projects (18,944 EUD) being 5,540 to 9,165
acre- ft /yr, for a total of 11,725 to 15,350 acre- ft /yr. The
projected supply is 12,830 to 14,130 acre- ft /yr, with 6,645
to 7,945 acre -ft /yr available for growth.
Should there be no imported water, the district would
continue to "mine" groundwater, creating a water table
decline of 3.5 to 5.5 feet per year. This would cause
additional pumping costs to BCVWD consumers of $6,310 for the
1st year to $334,700 for the 20th year, with additional costs
for pump replacement which cannot be estimated.
Mr. Reichenberger then displayed a map of the Pass Water
Agency water importation plan, showing the sections of
pipeline which need to be installed to bring imported water
to the Pass area. This pipeline will be installed in four
phases, with estimated construction completion of mid 1992
for Phase 1A, late 1993 for Phase 1B, early 1995 for Phase II
and mid 1999 for Phase IV.
In conclusion, Mr. Reichenberger offered a proposal from the
Beaumont - Cherry Valley Water District to the City of Beaumont
to allow unconditional "will -serve letters" for development
projects proposed to date. This proposal included the
following:
1. Expanding the City's proposed Mello -Roos Community
Facilities District to include construction of Phases
1A, 1B and II of the water importation plan, plus
construction of a potable water treatment plant.
2. Creation of a separate Mello -Roos CFD, to be
administered by either Riverside County or the water
district, for the same purposes as stated in one
above.
Page 2
Beaumont City Council
January 31, 1990
3. An MOU between the Pass Water Agency, the City and
the Water District to construct the system for
delivery of the state project water with construction
coinciding with development needs.
Pass Water Agency would agree to deliver the City /BCVWD
full allocated entitlement first.
4. The City and BCVWD would enter into an MOU regarding
the implementation of a well monitoring program
whereby all new developments would be required to
participate.
5. The City would agree to furnish all effluent from the
City's proposed wastewater treatment plants to BCVWD,
and BCVWD would agree to construct, operate and
maintain a wastewater reclamation system for
irrigation and groundwater recharge.
Or in the alternative,
The City would enter into an agreement with BCVWD
whereby the City would construct, operate and
maintain the wastewater reclamation distribution
system suggested above.
At this point a handout containing the information just presented
was distributed to Council Members and members of the audience,
and the City Council was asked if there were questions.
Mayor Connors felt the Council might be at a disadvantage because
they were relying on notes, and an opportunity to review these
notes prior to asking questions would be needed.
Discussion followed during which it was suggested by Council
Members that the meeting be adjourned and another meeting be
called at a later date to allow sufficient time to review the
information, since it was not received prior to tonight's meeting.
All Council Members agreed, and there were no objections from the
District's Board Members, although it was suggested that if
Council Members had specific questions they wished to ask, they
might do that at this time in order to allow the water district to
be better prepared with facts when they come back to a second
meeting.
Council Member McLaughlin asked what impact the Calimesa
incorporation would have on the Beaumont basin, with Mr.
Reichenberger responding the water district is very concerned with
other entities extracting water from the lower end of the Beaumont
basin. If there were significant extractors exporting water from
the Beaumont basin, there would be a tremendous impact on our
water. Insofar as whether or not they would have the right would
have to be determined by legal counsel.
The District's attorney, Gerald Shoaf, stated that if a basin is
in overdraft, the general rule is there is no water available for
appropriation, and if Calimesa were to incorporate and set up
their own water system, then they are appropriating, and there is
nothing for them to appropriate if they are planning to tap into
this basin. And if this basin is in overdraft, they simply
couldn't do it. That is the general legal rule. As everyone is
aware, water litigation can be a long, drawn -out, complicated,
expensive process, but the general rule is they would have some
difficulty tapping into this basin.
The City's attorney, Susan Trager, brought out the fact that the
whole incorporation issue across San Timoteo Canyon also raises
some other issues about waste discharges from the wastewater
reclamation plant. If San Timoteo Canyon is used for the
discharge of water, and another entity is drawing water from that
Page 3
Beaumont City Council
January 31, 1990
area, or near that water, they are then going to be asserting and
applying all kinds of different pressure to the operator of the
waste treatment plant. So we must be very careful about that in
evaluating that application, and those issues have not even been
addressed.
The City Manager requested information concerning when the Water
District's revised master water plan would be ready, as it would
be a tool that would better help the Council, with the
representatives from the Water District indicating it would
probably not be ready until March 1.
Council Member Bauer suggested that another meeting not be set
until the City knows when they are going to get the master water
plan, to allow the Council a week or two for study before another
meeting date is set.
Responding to President Russell's comment that the meeting be
scheduled for the middle of March, Mayor Connors asked if there
was an expectation that the City would not be moving forward on
the water department and related matters, with everything held in
abeyance until the middle of March, as she wanted to make sure the
Council and Board understood each other.
Discussion continued regarding this issue, with the conclusion
that the City would proceed in a normal manner since there is a
tolling agreement in place between the City and the Water District
relative to the threatened lawsuit by the Water District.
There was general agreement to wait to set the date for the next
meeting until after the master water plan has been completed and
reviewed by the Council.
There being no further business to come before the Council, on
motion by Council Member Bauer, the meeting was adjourned at 8:27
P.M.
Respectfully submitted,
worlmrW, 1".FJO VD,
.saw
Page 4
BEAUMONT CITY COUNCIL
MINUTES OF
FEBRUARY 13, 1990
The Beaumont City Council met in a regular meeting on Tuesday,
February 13, 1990, at 7:00 P.M., 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 Council Member McLaughlin.
The Pledge of Allegiance to the Flag 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:
0 one requested to speak during oral communication.
4 RESOLUTION N0. 1990 -OS - Giving a Memorial Tribute to Fred Shaw.
The resolution was read in its entirety by the Deputy City Clerk.
Motion by Council Member Bauer, second by Council Member
McLaughlin, to adopt Resolution No. 1990 -05.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Mayor Connors presented the memorial resolution to Steve Shaw,
grandson of Mr. Shaw, following its adoption.
5. PUBLIC HEARING - 7:00 P.M. - Annexation 88- ANX -1 -42 - LAFCO
89 -44 -3, Potrero Creek Estates. The annexation of approximately
746 acres located on Highland Springs Avenue about 1 -1/2 miles
south of its intersection with I -10, as conditionally approved by
the Local Agency Formation Commission on December 7, 1989.
The public hearing was opened at 7:07 P.M.
No one requested to speak either in favor of or opposition to this
annexation.
Barbara Voight, of Cherry Valley, speaking neither in favor or
opposed: The LAFCO approval of the Potrero Estates, I believe had
conditions on it. And one was a monitoring of the water. Could
the Council tell me how they intend to address this issue.
Mayor Connors: How the Council intends to address the issue. Do
you want to . . .
Page 1
Beaumont City Council
February 13, 1990
City Manager: Basically, the Council is agreeing to join the
County monitoring program. And the County has indicated to us
that they plan on selecting the agency to do the monitoring for
them. This resolution tonight, if it is approved, requires that
this property be involved in the monitoring program as established
by the County, as I remember.
Ms. Voight: As established by the County.
City Manager: fhey are the ones that made the requirement.
Ms. Voight: Thank you.
Mayor Connors: Thank you. Did you want to say anything further
Mr. Bounds.
City Manager: Basically, as we have it listed, the participation
in the water monitoring program, as established by the County
within the water basin area included in this annexation, is a part
of the resolution. The other stipulation that the County put on
was that the obligation of the bridge and thoroughfare district be
placed on the City, and we had understood that in the past, that
any City that acceded to the bridge and thoroughfare district to
pay for the Southern Pacific Railroad undercrossing grade
separation at Highland Springs Road, would do that. And I have
since offered to the County on more than one occasion, indicating
that we will agree to this if there is anything in writing that
they want us to agree to. What it amounts to is we will be
collecting from the developers the amount of money that is
required.
Mayor Connors: All right. Is there anyone else wishing to speak
on Item No. 5 at all. Is there anyone at all wishing to speak on
I/ESOLUTION No. 5. Anyone else wishing to speak on Item No. 5. We will
e the public hearing.
public hearing was closed at 7:11 P.M.
No. 1990 -06 - Ordering Territory Designated as LAFCO
NO. 89 -44 -3, City of Beaumont 88- ANX -1 -42, Annexed to the City of
Beaumont. Applicant: Beaumont Land Partnership /Potrero Creek
Estates. Location: Highland Springs Avenue about One and One-
Half Miles South of its Intersection with Interstate 10.
There were no comments or questions from the Council.
Motion by Council Member McLaughlin, second by Council Member
Bauer, to adopt Resolution No. 1990 -06, ordering territory
designated as LAFCO No. 89 -44 -3, City of Beaumont 88- ANX -1 -42,
annexed to the City of Beaumont.
AYES:
N S:
BSTAIN:
ABSENT:
Council Member
Mayor Connors.
None.
None.
None.
Bauer, Leja, McLaughlin, Parrott and
Consideration of Claim Filed Against the City by Adrienne Lee
Jones.
The City Manager presented his recommendation for rejection of the
claim based on the findings.
Motion by Council Member McLaughlin, second by Council Member
Leja, to reject the claim based on the following findings:
1. That the documents and evidence reviewed thus far
fail to establish liability on the City of Beaumont.
2. It is impossible to adequately evaluate the claim
without extensive discovery.
0--- 7
Beaumont City Council
February 13, 1990
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
7/ Accepting Resignation of Earl Merrill from Senior Center Advisory
Commission, and Authorization to Post Notice Requesting
Applications to Fill Vacancy.
A report was received from the City Manager, a copy of which is a
matter of record in the Clerk's file.
Motion by Council Member Bauer, second by Council Member Parrott,
to accept the resignation of Earl Merrill, and announce a vacancy
on the Senior Center Advisory Commission, with applications to be
received until March 16, 1990.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
8. a. RESOLUTION NO. 1990 -04 - Authorizing Appropriation and Loan of
Available Funds to a Community Facilities District.
b. RESOLUTION NO. 1990 -07 - Making Appropriation and Loan to
Community Facilities District.
The City Manager submitted information relative to both
resolutions, with a recommendation for adoption of the two
resolutions by one motion.
Motion by Council Member Bauer, second by Council Member
McLaughlin, to adopt Resolutions No. 1990 -04 and No. 1990 -07.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
9. RESOLUTION NO. 1990 -08 - To Conform the City's Guidelines
Implementing the California Environmental Quality Act with the
State's Guidelines.
The City Manager presented information concerning this proposed
resolution. A copy of the report is a matter of record in the
Clerk's file.
Motion by Council Member Bauer, second by Council Member Leja, to
adopt Resolution No. 1990 -08.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
W / Authorizing Notice Inviting Bids for Transit Buses.
The City Manager recommended approval of the request to authorize
a notice inviting bids for three transit buses, after having
submitted background information regarding the need For the new
buses, as well as discussing the bid package and specifications
submitted with the agenda packet.
Questions from the Council were answered by the City Manager, with
favorable comments from the Council concerning the transit system.
Page 3
Beaumont City Council
February 13, 1990
Motion by Council Member Bauer, second by Council Member Leja, to
authorize notice inviting bids for three ( 3 ) transit buses, with
bids to be opened at 10:00 a.m., March 22, 1990.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
11. CONSENT CALENDAR - All Items Listed Under the Consent Calendar
are considered to be routine by the City Council and will be
approved on one motion. There will be no separate discussion of
these items unless a Council Member or Citizen so requests, in
which case the item will be removed from the Consent Calendar and
considered as a separate item.
a. Approval of Minutes of Regular Council Meeting of January 22,
1990, and Special Joint Meeting with Beaumont - Cherry Valley
Water District, of January 31, 1990.
bf Approval of Warrants as Audited per Warrant List of
February 13, 1990, in the amount of $191,058.81; and Payroll
of January 18, 1990, in the amount of $57,142.66.
C. Consideration of Approval of Subdivision Agreement between
Elkhorn Development Co. and City of Beaumont, and Authorizing
Mayor to Execute Same. Baker Tract No. 22332. Location:
10th and Pennsylvania.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to adopt the Consent Calendar.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
12. Recess to Closed Session Pursuant to Government Code Section
54956.9(b)(1), to Confer with its Attorney Regarding Pending
Litigation.
The meeting was recessed to closed session at 7:40 P.M.
The meeting was reconvened to regular session at 8:50 P.M.
Let the record show no action was taken in closed session.
Date set for next regular Council Meeting, Monday, February 26,
1990, at 7:00 P.M., in the City Council Chambers.
A Special Joint Meeting with the City of Banning City Council will
be held on Tuesday, February 20, 1990, 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 8:51 P.M.
Respectfully submitted,
City Clerk
Page 4
MINUTES OF
JOINT SPECIAL MEETING OF
BEAUMONT CITY COUNCIL
AND
BANNING CITY COUNCIL
FEBRUARY 20, 1990
The City Councils of the Cities of Beaumont and Banning met in a
joint Special Meeting on Tuesday, February 20, 1990, at 7:01 P.M.,
in the Beaumont Council Chambers, with Mayor Connors and Mayor
Sheldon presiding.
On roll call the following Council Members were present:
City of Beaumont: Bauer, Leja, Parrot and Mayor Connors. Council
Member McLaughlin was excused.
City of Banning: Hanson, Higgins, Holbert, Williams, and Mayor
Sheldon.
1. Clerk's Affidavit of Posting the Agenda.
The Clerk's affidavit of posting the agenda was read into
the record by the Deputy City Clerk.
2. Opening Comments by Mayor Connors.
Mayor Connors welcomed the members of the Banning City
Council, indicating the Beaumont City Council was pleased to
be meeting with them, especially on such an important
subject, and was also very pleased to see so many in the
audience.
She then asked Mayor Sheldon if she would like to make a few
comments.
Mayor Sheldon expressed they were very happy to have both
Councils meeting tonight to discuss this significant issue,
and to see so many representatives of the community and both
school districts, as there are issues of joint concern for
everyone involved.
3. Discussion of ways to lead the drug war in the Pass Area and
hear presentations on possible programs.
The first presentation was made by the Banning and Beaumont
Police Departments, with Chief John Funston, of the Beaumont
Police Department, opening the presentation with comments
concerning the impact of the drug war on not only the
nation and the world, but also the Pass Area.
He indicated they will explore several avenues available in
the war against drugs, and hope to put together the best
possible method to impact the war on drugs in the Pass Area.
He then introduced Chief Cross, of the Banning Police
Department, to present statistical background relative to
the drug issues, and why the cities of Beaumont and Banning
need to work together.
Chief Cross presented statistical data from 1988, since the
data for 1989 would not be available until July of 1990,
Page 1
Joi Special Meeting
Bea_.aont and Banning
City Councils
February 20, 1990
pointing out the fact that of all arrests made in the State
of California, 38.3' were strictly drug related arrests. In
addition, a high percentage of the other types of arrests
had drug involvement as well.
Chief Cross continued with local statistics which indicate
there is definitely a drug problem in the Pass Area, with an
increase of 14.7 percent since 1984 of drug related arrests.
The meeting was then turned over to officers of the Banning
and Beaumont Police Departments to discuss and display a
large assortment of confiscated weapons and drugs taken in
drug raids in the local area. These included 12 gauge
shotguns which had been cut down so they can be concealed,
M -15s, AR -15s, 38s, 9mm, 357s, and homemade shotguns. It
was reported that in the two months since the creation of
the special task force, over $30,000 in cash and $30,000 in
vehicles and other property had been confiscated, as well as
an unspecified amount of drugs.
There was an extended question and answer period during
which the officers, as well as Chief Funston and Chief
Cross, responded to questions regarding not only the
display, but how the criminal justice system works in
keeping drug dealers off the streets, gang activities in the
Pass area, graffiti and other specific questions related to
the drug war.
Mayor Sheldon pointed out that not only the special task
force is involved in the drug problem, but also all police
officers on the force, and the City of Banning recently
conducted a survey to find out if the citizens were willing
to pay a special tax to bring law enforcement and fire
services up to the staffing needed, and the answer was no.
She continued that it should be realized that neither city
has the funding necessary to solve this problem on their
own, and she would like to hear about the programs being
recommended as a possible solution.
Officer Ray Rocha, of the San Bernardino Police Department,
was introduced and presented information regarding their
Drug Abuse Resistance Education (D.A.R.E) program, which has
been successfully used in San Bernardino since 1985, as well
as in Los Angeles, as a means of reducing drug abuse. Their
statistics indicate drug use has been reduced 30' since this
program was initiated. It is aimed at 5th and 6th graders
as an educational tool teaching ways to say "no ", and
positive self - esteem. Officer Rocha said it has been a very
effective program, due in part to police officers being the
teachers, and having the credibility of "being in the front
line ".
Another lengthy question and answer period followed Officer
Rocha's presentation, and it should be noted for the record
that most of the speakers were unidentified members of the
audience, speaking without the benefit of the microphone.
The meeting was recessed at 8:40 P.M., reconvening at 8:52
P.M.
Dave Long, Superintendent of Schools for the City of Banning,
addressed the meeting proposing that we should go beyond
just intervention, such as the D.A.R.E. program, to
prevention as well, going in both directions at once. He
suggested a training session this summer involving councils,
police, educators and parents, not only from this area but
possibly Yucaipa as well, and learn about substance abuse
and the alternatives which can be offered to those most
susceptible to the use of drugs, and, most importantly, plan
ways to meet the problem head -on.
Joint Special Meeting
Beaumont and Banning
City Councils
February 20, 1990
Mr. Long pointed out that 65.10 of the student population will
have tried or use drugs at this time. With a total of 7,500
students now, and an expected increase to 10,000, we need to
combat drug use immediately with consistent follow -up. He
also emphasized that a parent community network was very
important, with a comment from Mayor Connors that
involvement of parents is very good, but many parents do not
even know their children are on drugs and don't get
involved. And it is very difficult to keep parents involved
even if they have shown some interest in the beginning.
After concluding his presentation, Mr. Long answered
questions from the Council and the audience.
Mr. Glen Stahl, a member of the Board of Directors of the
Banning - Beaumont- Cherry Valley Board of Realtors, informed
the Councils of a meeting he attended with some of his
associates, during which they decided to form a "think tank"
whose primary purpose would not be direct intervention in
the use of drugs, but to look at potential concepts and
ideas and evaluating programs. One of the areas they are
looking at is coverage by health insurance for hospital care
of drug users. After this evaluation they would contact
institutions, City Councils, etc., with the results of their
study.
Council Member Leja felt one of the benefits of this type of
program would be to teach parents the signs to look for in
their children, since a very large percentage of the parents
do not know their children are on drugs.
Mayor Connors said it is possible that one of the ways to
get parents involved in the drug war is when they belong to
a career connected organization, they become involved in
that, and while becoming involved as a professional they are
still a parent, and this may be one avenue to follow to get
parents involved.
Members of the audience addressed the Councils, one stating
he was very impressed that this number of people would come
to a meeting such as this and express an interest in
becoming involved, which he found totally inspiring, with
another asking how she, having no children at home, could
become involved.
It was pointed out there were many ways to become involved
and these would be discussed shortly.
Mayor Connors asked the Banning City Council how their
program of Council Members going into the community to speak
on the problem is working, with Council Member Williams
indicating they have not started yet, but his idea is to get
with the schools to start off in a small way, with the City
Council, the Mayor, the City Manager and the Police Chief,
as the leaders of the community, talking to the kids.
Sometimes kids will listen to the leaders.
Council Member Williams also would like to see the police
department drive through the hot spots frequently, because
if they drive through enough times they will run the drug
dealers out.
His third suggestion was involving the community, with some
type of form drawn up for the citizens to use when they see
drug activity in their neighborhood. It could list the
license plate number, the make of the car, and other
pertinent information, and could then be turned over to the
police department anonymously, which would be of great
Page 3
Jo' t Special Meeting
Beuomont and Banning
City Councils
February 20, 1990
assistance to the police department. He understands this
has worked in other communities, and the community must get
involved.
Another question asked by Mayor Connors of the Banning City
Council related to implementation of their program involving
graffiti and how it is structured to combat it, with Mayor
Sheldon responding that the Chief is coming up with a new
program which they will be considering within the next few
weeks, so they were not prepared to discuss it at this time.
Mayor Connors then referred to the question from the
audience asking what could be done, indicating that Council
Member Leja has a suggestion, and is ready to sign everyone
up.
Council Member Leja said one of the things she has been
working on is grant writing. In order to apply for federal
and state money, a ton of paperwork is involved. The cities
do not have the funding to pay a grant writer. Since she
has had experience in grant writing, she has been making
contact herself with the various agencies, and she needs
assistance from the public. She asked anyone who has time
available, with or without experience in grant writing or
legal documents, to give her their name. She will then work
to get one of the agencies to teach them how to write for
these grants. There is a workshop on March 20, and anyone
interested in doing this should call her at home, or talk
with her tonight. The cities can get a lot of money from
these grants, but it takes a lot of time and effort, and if
everyone gives even a little time, it can happen.
Mayor Sheldon brought out that one of the programs they have
is the Neighborhood Watch Program. Anyone interested in
participating in this program should contact the police
department to establish a Neighborhood Watch Program.
Chief Cross agreed that the Neighborhood Watch Program was
very important but not as active as it should be, and it
would be a part of his budget presentation, along with a
suggested Senior Volunteer Program (which are untapped
resources). He would hope to be able to staff a Community
Services Officer to run those programs, with Mayor Connors
asking if it would not be a possibility in both cities to
use reserve officers for these programs.
Mayor Connors stated there has been an interest in
establishing a graffiti task force, and having the merchants
in town donating the paint with the task force painting over
the graffiti. Anyone interested in this program should
contact Mayor Connors.
She then called attention to the Pass Area Drug Abuse
Council, which has been in existence for three years, with
ongoing programs for the children in the area, working
primarily with kindergarten through grade 6. Red Ribbon
Week is conducted once a year, with various activities
sponsored throughout the year, including speakers telling
the children what happens when you become addicted to drugs,
and why they should say no. Anyone interested in joining,
and the Drug Abuse Council needs more people very badly,
should contact them.
Another suggestion was getting private enterprise involved,
such as Mr. Stahl has indicated the Board of Realtors is
doing, and if anyone can talk to any in -house organizations
Page 4
S :ial Joint Meeting
Beaumont and Banning
City Councils
February 20, 1990
where they work, perhaps they can get something started
that would help.
She concluded that there is something everyone can do to get
involved in the drug war, and they look forward to being
contacted by anyone who wants to get involved, and asked
that they leave their name and telephone number, and what
they want to do, with them.
There was lengthy discussion regarding what can be done and
how it can be done, with all Council Members addressing the
meeting, all of which basically arrived at the same
conclusion -- drugs are a problem in the Pass Area -
something must be done -- additional means of financing the
drug war must be found.
Mayor Sheldon suggested that each Council might wish to meet
with their respective school boards regarding implementation
of programs in the schools, and then get back together, with
Mayor Connors agreeing this should be done.
It was the consensus of the Councils to meet with their
respective school boards to discuss implementing programs in
the schools.
;The topic of developer fees or other means of additional
'fund -ing earmarked for drug programs was brought up by Mayor
Connors, with City Manager Bounds cautioning that the
Council must proceed carefully in specifying any fees for
only one purpose, and to realize that an on -going fee (which
is a tax) will create the problem of answering the question
- why doesn't everyone have to pay this. Secondly, a
special assessment district takes a vote of the people, but,
thereagain, he cautioned about earmarking fees for one
specific purpose.
4. Consider methods of financing anti -drug programs in the Pass
Area.
Chief Cross presented an overview formula of what has been
discussed, which illustrated a concept known as the "3 Es
- D", or Enforcement plus Education plus Eyewitness
equals less Demand. A balanced approach is needed because
the departments cannot assign all their officers to just the
drug issue, but enough officers are needed to make an
impact. In explaining the concept, he said enforcement is
obviously needed - - education in the form of the D.A.R.E.
program or other similar program, is needed in the schools
-- and the use of eyewitness programs (neighborhood watch,
We Tip, senior volunteers, in other words community
involvement) - would equal less demand. Until there is
impact on the demand side of the equation, no progress will
be made, and with this formula it is felt by both
departments that an impact can be made in the Pass Area.
Chief Funston addressed the dollars and cents side of the
issue and challenged the school district to come up with the
money, and work with the police departments, to implement
either the D.A.R.E. program or a similar program in the
schools by the start of the next school year. The cost
would be $4.00 per student and $46,500 for the police
officer.
He then challenged the City Councils to provide two
additional officers for the PASSNET operation, and
emphasized these are needed today, it is time to move now,
and they must find the financing now to get them the police
officers tomorrow - one from Beaumont and one from Banning.
The cost would be $46,500 for each police officer.
Page 5
Sp ial Joint
Beaumont and
City Councils
February 20,
Meeting
Banning
1990
In summary, he stated that three officers are needed, one
for the D.A.R.E. program, and two for PASSNET, but the
immediate need is for PASSNET.
Responding to a question from Mayor Connors regarding any
money which might be available, City Manager Bounds stated
they should keep in mind that if they commit funds for these
officers for the balance of this fiscal year, they are also
committing funds for the subsequent years as well. Mayor
Connors acknowledged this fact and indicated the Council
will have to make decisions as to priorities and possibly
give up something in order to have this. Mr. Bounds said
the community would have to understand as well, because you
are talking about level of services in the City, and
possibly reducing the level of service in another area. In
addition, committing more officers to the drug issue would
mean reducing response in other crime areas. In other
words, the force must remain at the present level, and add
the officers needed for drugs.
Mayor Connors felt there should be a split of costs between
the school districts and the cities in relation to the
D.A.R.E. program, with the school districts paying the per
student cost and the cities paying for the officer, with
Mayor Sheldon pointing out she felt it should be discussed
with the school districts and the individual City Managers
before proceeding any further.
So far as the PASSNET officers are concerned, Mayor Connors
stated she thought the Councils would need to meet again,
because each City Council is going to have to discuss, at
budget time, whether they can afford to field their officer,
or whether they could each pay for half and have one. Each
Council must have the opportunity to discuss that
/ separately.
�S. Consider setting date and time for next joint meeting of the
two City Councils.
It was a consensus of the two City Councils to set the date
of April 17, 1990, at 7:00 P.M., at the Banning Community
Center, 789 N. San Gorgonio, Banning, to discuss the drug
issue and other topics which might be suggested as agenda
items.
There being no further business to come before the Councils,
the meeting was adjourned at 10:30 P.M.
Respectfully submitted,
City Clerk
Page 6
BEAUMONT CITY COUNCIL
MINUTES OF
FEBRUARY 26, 1990
The Beaumont City Council met in a regular meeting on Monday,
February 26, 1990, at 7:00 P.M., in the City Council Chambers, with
Mayor Connors presiding.
On roll call the following Council Members were present: Bauer,
McLaughlin, Parrott and Mayor Connors. Council Member Leja was
excused.
The Invocation was given by Council Member Parrott, who then led the
Pledge of Allegiance to the Flag.
1. Clerk's Affidavit of Posting.
The Clerk's affidavit of posting the agenda was read into the
record by the Deputy City Clerk.
2. Adjustments to Agenda.
The City Manager advised that he had received word from Council
Member Leja that she is out of the country, and is requesting the
Council to consider continuing Item No. 10, the consideration of
applications received for appointment to the Planning Commission,
to the March 12 meeting.
There being no objections, Agenda Item No. 10 was continued to the
regular meeting of March 12, 1990.
3. ORAL COMMUNICATION:
No one requested to speak during oral communication.
4. PUBLIC HEARING - 7:00 P.M. - ENVIRONMENTAL IMPACT REPORT 90- EIR -1.
Applicant: City of Beaumont. The proposed construction of a
wastewater management system for the City of Beaumont to include
A) a wastewater treatment plant to be constructed in two phases,
with a capacity of 3.0 million gallons a day for each stage, to be
located 1/2 mile west of Minnesota along 4th St.; and B) a
citywide sewer collection system to include gravity flow lines,
force mains, and three sewer lift stations. The locations of the
sewer lift stations are 1) near the S/E corner of the junction of
Highway 60 and old Jackrabbit Trail, 2) adjacent to I -10 just
north of its intersection with Highway 60, and 3) Highland Springs
Road one mile southerly of First St. A Notice of Availability of
draft EIR 90- EIR -1, was published in the Record - Gazette on January
22, 1990.
The City Manager indicated that prior to opening the public hearing
the Council should hear a report from Mr. Tom Held, of Regional
Environmental Consultants, who prepared the EIR.
Mr. Held presented his report, giving background information
concerning preparation of the EIR, to the City Council.
The public hearing was opened at 7:10 P.M.
No one requested to speak either in favor of or in opposition to
this EIR.
The public hearing was closed at 7:11 P.M.
Page 1
Beb.. nont City Council
February 26, 1990
Council Member McLaughlin indicated he had read the EIR twice and
found it to be very thorough, appearing to meet all standards,
so he felt no further comments were needed.
Council Member Bauer had no questions as everything was very clear
to him.
Council Member Parrott said it appeared we would have to hire a
biologist and an archaeologist, with the City Manager responding
that we would hire the remainder of the specialists that are
needed at the time of grading.
RESOLUTION NO. 1990 -09 - Certifying Environmental Impact Report
for Wastewater Management System Project, Adopting Findings,
and Approving Mitigation Monitoring Program.
Motion by Council Member Bauer, second by Council Member
McLaughlin, to adopt Resolution No. 1990 -09.
AYES: Council Member Bauer, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Leja.
5. Presentation of Petition Concerning Public Safety Relative to Pit
Bull Dogs.
The City Manager presented his report relating to petitions
received regarding the dogs that are located at 946 E. 11th
Street, as well as a letter received from Dennis Ingrao, who was
unable to attend the meeting tonight. Since the filing of the
petitions the dogs got out again resulting in one of the dogs
being shot by a police officer. The petitions are asking the
Council to consider adopting new legislation which will provide
better control of vicious dogs, and penalties that will reflect
the facts of the attacks. Mr. Bounds then recommended the
petitions be accepted.
Mayor Connors asked if anyone wished to address the Council
regarding this agenda item, with no response from the audience.
Mayor Connors inquired what would happen if the dog is found to be
a nuisance, with the City Manager advising the Judge would
probably fine the owners, or the Judge could order the dog
destroyed. She then asked if a fine more than the $50.00 provided
could be levied by the Court, with the City Attorney responding
that he had not reviewed the penalties, but normally it takes two
bites of a human under State Law.
There were no other comments or questions from the Council.
Motion by Council Member Bauer, second by Council Member Parrott,
to accept the petitions filed concerning public safety relative to
'pit bull dogs.
AYES: Council Member Bauer, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Leja.
6. \ URGENCY ORDINANCE NO. 684 - Adding to the Beaumont Municipal Code
Chapter 6.21 Entitled Vicious Dogs.
Motion to read Urgency Ordinance No. 684 by title only.
Motion by Council Member Bauer, second by Council Member
McLaughlin, to read Urgency Ordinance No. 684 by title only.
Page 2
Be mont City Council
February 26, 1990
AYES: Council Member Bauer, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Leja.
The ordinance was read by title only by the Deputy City Clerk.
The City Attorney gave a brief summary of the proposed urgency
ordinance for the benefit of the audience, and also called
attention to an alternative in which the owner would be required
to request a hearing within five days after certification by the
Police Chief that the dog is vicious.
The City Manager recommended the Council consider adding the
alternative to the Ordinance making it easier to notice a
hearing at a regular council meeting, rather than the fifteen day
time period provided in the original ordinance, and if the owner
did not request a hearing, no hearing would have to be held. The
alternative also provides for personal service, so there would be
no possibility of the owner not being served with notice of
certification.
The City Attorney then advised how the alternative could be
incorporated into the original ordinance, indicating exactly where
in the ordinance it would be included.
Council Member Parrott felt an ordinance such as this is
definitely needed, especially in light of comments he has received
from various senior citizens in the City.
Council Member McLaughlin also felt the Ordinance is needed and
the Council should go ahead with it.
Council Member Bauer stated the Ordinance is very clear and is
justified, but did want clarification that if a dog bites you
twice in one attack, does that constitute the two bite
requirement, with the City Attorney advising it does not, it has
to be two separate attacks.
Mayor Connors questioned whether a pet cat or dog is considered
property, with the City Attorney stating that Section C covers all
domestic animals, as under traditional english common law
household pets are not considered property. She then asked what
kind of invitation upon the property is implied, with the City
Attorney replying there is case law dealing with attractive
nuisances where you can imply an invitation to come on to your
property by the fact it is not fenced, etc., specifically having
to do with small children. A salesperson or anyone else
approaching the property would be expected to see a sign posted
warning of a vicious dog(s).
Responding to another question from Mayor Connors, the City
Attorney replied the fine is established by the word infraction or
misdemeanor, which is up to $100.00 for an infraction and $500.00
and /or imprisonment not to exceed six months for a misdemeanor.
The City Manager added that, so far as the costs of impoundment of
a dog are concerned, a sufficient amount is charged on a daily
basis to cover the cost of food, heat, water, etc.
Discussion continued regarding how the City would be informed of a
vicious dog prior to the dog attacking someone, with the City
Manager relating this is a very difficult situation, and the City
will have to depend on complaints, because we have no way of
really controlling how somebody deals with something within their
own house until a complaint is filed by virtue of its effect on a
neighbor.
Other questions were asked by Mayor Connors posing certain
situations and how this ordinance would apply to those situations.
Page 3
Be nont City Council
February 26, 1990
A final question from Mayor Connors related to how this ordinance
would apply to the dog presently in custody, with the City
Attorney indicating, due to the past history of the dog, the Chief
of Police could review the facts that he has and make a
determination that the dog is vicious if this ordinance goes into
effect tonight.
There were no requests from the audience to speak regarding this
ordinance.
Motion to Adopt Urgency Ordinance No. 684 at its first reading.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to adopt Urgency Ordinance No. 684, with the alternative
provisions, to add to the Beaumont Municipal Code Chapter 6.21
entitled vicious dogs.
AYES: Council Member Bauer, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Leja.
MOTION CARRIED, WITH ORDINANCE NO. 684 BECOMING EFFECTIVE
IMMEDIATELY.
The meeting was recessed at 8:10 p.m., reconvening at 8:17 p.m.
7. RESOLUTION NO. 1990 -10 - Urging the Congress of the United States
to Revise the Cable Communications Policy Act of 1984, and
Expressing General Concern about the need for greater Local
Government Regulatory Authority.
The City Manager presented his report, a copy of which is a matter
of record in the Clerk's file.
There was no discussion other than each Council Member indicating
they were in favor of this resolution.
Motion by Council Member McLaughlin, second by Council Member
Bauer, to adopt Resolution No. 1990 -10.
AYES: Council Member Bauer, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Leja.
�. Request from Beaumont Chapter 1115 of the A.A.R.P. for use of
Senior Center as Meeting Place.
A report was submitted by the City Manager, a copy of which is a
matter of record in the Clerk's file.
Council Member Bauer rea
favor of this request.
record in the Clerk's
McLaughlin also spoke in
speaking in opposition.
the points made by Mayor
d from a prepared statement, speaking in
A copy of this statement is a matter of
file. Council Members Parrott and
favor of this request, with Mayor Connors
For the record, following is a portion of
Connors:
Several years ago there was quite a bit of discussion on the
renting of rooms. The Council had previously made exceptions for
various organizations -- all of them very good organizations -
the quality of the organizations is not at issue -- but when you
say they are not just another organization, for instance, the Boy
Scouts will come forward and say if we are putting our support
behind seniors, and giving them a break, we should also put our
support behind youth and give them a break. Then the girl scouts
will say since you are supporting the boy scouts you should also
be supporting the girl scouts, and so on.
Page 4
Beaumont City Council
February 26, 1990
The reason this was discussed so thoroughly was because that was
exactly what had just happened, and we were in a position where we
had different fee schedules for everybody - some were free, some
were little, and some were a lot, and it was a major problem.
She felt if the Council again allows this to happen, they would
open the door to the same problem they had before.
Also, the group making this request may want to have other
functions in addition to their meetings at some point in the
future, possibly necessitating opening and closing the building on
a weekend.
She was of the opinion that careful thought should be given before
committing the City on an emotional level, as you must think
practically when you are talking about renting rooms at City Hall.
Even though everyone supports the elderly, and would all feel
quite comfortable in having A.A.R.P. on the premises, she thought
the Council should consider the above items before there is a
vote.
Motion by Council Member McLaughlin, second by Council Member
Bauer, to allow Beaumont Chapter 1115 of the A.A.R.P. to use the
Senior Center as a meeting place for a yearly $200.00 fee.
AYES: Council Member Bauer, McLaughlin and Parrott.
NOES: Mayor Connors.
ABSTAIN: None.
ABSENT: Council Member Leja.
9., RESOLUTION NO. 1990 -11 - Supporting the Solid Waste Management
Advisory Council as Established by the Riverside County Board of
Supervisors by Adoption of Resolution No. 89 -636.
A report was received from the City Manager, with a recommendation
for adoption of the resolution. This report is a matter of record
in the Clerk's file.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to adopt Resolution No. 1990 -11.
AYES: Council Member Bauer, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Leja.
10. Consideration of Applications Received for Appointment to Beaumont
Planning Commission.
This agenda item was continued to the regular meeting of March 12,
1990 under adjustments to the agenda.
11. CONSENT CALENDAR - All Items Listed Under the Consent Calendar
are considered to be routine by the City Council and will be
approved on one motion. There will be no separate discussion of
these items unless a Council Member or Citizen so requests, in
which case the item will be removed from the Consent Calendar and
considered as a separate item.
a. Approval of Minutes of Regular Council Meeting of February 13,
1990.
b. Approval of Warrants as Audited per Warrant List of
February 26, 1990, in the amount of $175,403.23; and Payroll
of February 1,1990, in the amount of $55,687.82.
C. Consider Authorizing City Manager to Execute Memorandum of
Understanding with City of Banning Police Department.
Page 5
Be Wont City Council
February 26, 1990
Motion by Council Member Parrott, second by Council Member Bauer,
to adopt the consent calendar.
AYES: Council Member Bauer, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Leja.
Date set for next regular Council Meeting, Monday, March 12, 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 McLaughlin the meeting was adjourned at
8:41 P.M.
Page 6
,A,
Respectfully submitted,
City Cler
BEAUMONT CITY COUNCIL
MINUTES OF
MARCH 12, 1990
The Beaumont City Council met in a regular meeting on Monday,
March 12, 1990, at 7:00 P.M., 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 City Manager Bounds, who then led the
Pledge of Allegiance to the Flag.
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. Richard Reeley, 1038 Beaumont Avenue, Beaumont, addressed the
Council: Mayor, Council Members, I am here to address Chapter
17.60.200 of the Beaumont City Ordinance covering advertising
regulations, which went into effect for all new and old businesses
in 1988.
The ordinance states, "every sign or billboard erected prior to
the adoption of the ordinance which does not conform with the
provisions of the City of Beaumont shall be removed, altered,
replaced in order to conform to the City requirements ", and gives
them from ninety days to five years, depending on the cost of the
sign.
I obtained a permit for two signs to be erected at 1038 Beaumont
Avenue. The first sign was erected in 1988. This sign was
comparable to other signs in the existing - the location - other
businesses. But within three days I was contacted that the sign
shall be removed. I complied.
Last week I put up the second sign under the impression that we
had a permit to erect it on the front of the building. We were
notified immediately that we had ten days to remove the sign.
Again, I complied. But this time under protest. Both in a formal
written complaint, and verbal with the City planner.
I feel that I am being singled out and made an example of because
the City planner drove by, singled my business out, while ignoring
others on the same street. I asked why the other signs are still
in violation of the code, and was told he was only enforcing it on
new businesses, not existing businesses. And also the lack of
manpower to enforce the ordinance. But, yet, the assistant
planner was out at my business in less than five days.
I can name at least fifty -four non - conforming signs on Beaumont
Avenue and 6th Street. And have a list of these if you would like
to see it. Have they been notified, if not, why. I feel I am
being discriminated against for some reason. Am I being singled
out because I am a new business? Or not one of the good old boys?
Could it be because the property owner does not live in the City
of Beaumont. Or could it possibly be personal.
Page 1
Beaumont City Council
March 12, 1990
If the City does not have the manpower to enforce the ordinance
all over the City, then I suggest that it rescinds it until such
time as it can. This would eliminate discriminatory practices
that are being placed on new businesses.
I would appreciate immediate attention in this matter and would
like to see something in writing within thirty days regarding
actions being taken. Thank you.
Mr. Reeley was informed the Council could neither discuss or take
action on his request since it did not appear on the agenda.
It was suggested Mr. Reeley contact the City Manager to schedule
an appointment to discuss the matter with him, and if the result
of this meeting is unsatisfactory, Mr. Reeley could then request
that it be placed on a Council agenda for discussion and possible
action.
Ms. Janice Whitman, 2707 Hillview Drive, Newport Beach, addressed
the Council: I am a representative, a Vice - President, of Premier
Homes in Newport Beach, and I am joined here this evening by Mr.
Frank Webb, our forward planner. I want to say good evening to
Mayor Connors and City Council Members, Mr. Bounds, we haven't met
before. We are the soon -to -be purchasers of Three Rings Ranch,
here in your City. I wanted to let you know just a couple of
things about Premier Homes. We are a home builder based in
Irvine. Also, our parent company is based in Paris, France. We
are a french company, doing homes and housing projects throughout
Southern California.
We are, as I said, in escrow to purchase Three Rings. We are
extremely excited about the prospect of Three Rings Ranch and the
City of Beaumont. We are enthused about it, and have some
projects planned that I know you will be proud of and we will have
a long and fruitful partnership between the City of Beaumont and
ourselves.
What I have done this evening is just put a little package
together for each of the Council Members. If I may just hand it
to you. A couple of brochures on our projects, and a little bit
of just some simple information. I know that Mr. Bounds has
received some information from us before.
We are extremely hopeful to be able to be on your March 26 hearing
date, an important date for us, and we appreciate all the work
that the Council Members and the City has done on behalf of Three
Rings, and admire all the work that you are doing in moving the
City forward in such a well - planned manner.
There were no other requests to speak during oral communication.
4. PUBLIC HEARING - 7:00 P.M. - 16TH YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS. Request for Input from Community Regarding the Pro-
posed Use of These Funds.
The City Manager gave brief background information concerning the
block grant program, indicating that the exact allocation for
the City of Beaumont has not yet been determined, but it would be
approximately last year's funding less 5%.
He then called attention to the fact that a public hearing is
required to allow any organization to apply to the City Council
for use of portions of the CDBG allocation, as well as receiving
suggestions from the public.
The public hearing was opened at 7:15 P.M.
Carla Seiple, representing the I Care Family Shelter Home, P. 0.
Box 789, Riverside, 92502, addressed the Council: The I Care
Shelter Home is requesting $990.00 for shelter services of
homeless families from the City of Beaumont for fiscal year 1990-
Page 2
Beaumont City Council
March 12, 1990
91. This request is based on past shelter service statistics from
the City of Beaumont for fiscal year 1988 -89. The cost of shelter
services are computed at 99 shelter nights times $10.00 a shelter
night equals $990.00.
I would be glad to try to answer any questions that you have.
Mayor Connors: Are there are questions about the home. Mr.
McLaughlin.
Council Member McLaughlin: Not at this time I don't
Mayor Connors: Mr. Bauer.
Council Member Bauer: No.
Mayor Connors: Mrs. Leja.
Council Member Leja: No.
Mayor Connors: Mr. Parrott.
Council Member Parrott: I read this over and it looks like it is
a pretty good idea, and I think it is well worthy of our effort.
Mayor Connors: Okay, thank you. Is there anyone else wishing to
speak on Item No. 4. The Community Development Block Grant Funds.
Is there anyone else wishing to speak on Item No. 4. The
Community Development Block Grant Funds.
The public hearing was closed at 7:18 P.M.
Presentation by staff of proposed use of 16th Year CDBG Funds.
The City Manager brought to the attention of Council that the
Riverside County Housing Authority had requested funding in the
amount of $11,993.00 for the Senior Home Repair program, however,
since their request was filed, the Community Development
Coordinating committee decided the Senior Home Repair program
should be county wide, and not born by each City individually, as
a result the request for funding from the City's CDBG allocation
has been rescinded.
Mr. Bounds reported that as of the Community Development
Coordinating Committee meeting this morning, the City of Beaumont
will have an allocation of approximately $50,439.00.
The request from the I Care Shelter Home, in the amount of $990.00
is the only request now before the Council from organizations
asking for a portion of the CDBG funds.
Mayor Connors asked if the animal shelter could be considered as
an eligible project, with the City Manager answering that the
goal regarding eliminating conditions detrimental to health,
safety and public welfare through rehabilitation, code enforcement
and demolition could possibly be applied to that project.
Mayor Connors asked if any Council Member had a suggestion
concerning how they would like to see these funds used.
Council Member Bauer asked if the guidelines would allow a new
coat of paint on the City Hall building. It is the center of
community activity and is badly needed.
Council Member Leja said she would like to see an improvement in
the parks, playgrounds and recreational facilities.
Council Member Parrott indicated he could see many places to spend
money, but he has nothing specific at this time.
Page 3
Beaumont City Council
March 12, 1990
Mayor Connors elaborated on her suggestion of rehabilitation of
the animal shelter. There are cracks in the walls and spacing
around the windows and doors, insufficient heating and unsuitable
office space for the animal control officer and his kennel aide.
Improvements are badly needed and she would like to recommend use
of CDBG funds for this project.
Council Member McLaughlin had no specific suggestions at this
time, since there are so many projects that need to be done. The
Council needs to see what they can afford, and what they feel have
priorities. Staff also probably has programs they would like to
use this money for. The suggestions that have already been made
should be reviewed, and priorities established.
Discussion followed addressing general information pertaining to
allocation of these funds, and time frames involved to submit the
application.
The City Manager presented staff's recommendation for use of these
funds as follows:
1. Replacement of the roof on the pavilion and on the two
rest room buildings, one in the 8th -9th Street park, and
one in the 9th -10th Street park, or in the alternative
demolish the 9th -10th Street rest room building and
rebuild it. The cost for replacement of the rest rooms
would be approximately $49,700.00. The roofs could
probably last one more year, so this project 'would
probably not have the priority as other projects which
have been suggested tonight, and replacement of the rest
room building should also probably wait for another year.
2. Purchase of new playground equipment in the parks. Mr.
Bounds did recommend this be considered a priority item,
and if it is not considered as a possible use of these
funds, then should be considered at budget time.
a. Determination of Use of 16th Year Community Development Block
Grant Funds.
otion by Council Member McLaughlin, second by Council Member
Bauer, to continue discussion of the 16th Year community
development block grant funds, and the request from the I Care
Shelter Home, to the next regular Council Meeting, with the
Council submitting suggestions to the City Manager as soon as
possible, and a determination of priorities to then be made.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
J
5. RESOLUTION NO. 1990 -12 - Authorizing and Ordering the Community
Development Department to Update the General Plan.
After receiving a staff report from the City Manager, a copy of
which is a matter of record in the Clerk's file, recommending
adoption of this resolution, there were no comments from the City
Council.
Motion by Council Member Bauer, second by Council Member Leja, to
adopt Resolution No. 1990 -12.
AYES:
Council Member
Mayor Connors.
NOES:
None.
ABSTAIN:
None.
ABSENT:
None.
Bauer, Leja, McLaughlin, Parrott and
Page 4
21
7.
Beaumont City Council
Mbrch 12, 1990
Authorization for City Manager to Retain EIR Specialist for Master
Water Plan, General Plan Update and Financing Plan.
The City Manager gave background information concerning the need
for an EIR specialist for the Master Water Plan, General Plan
Update and Financing Plan, and presenting his staff report and
recommendation, which are a matter of record in the Clerk's file.
All Council Members agreed time is of the essence in this matter,
and the City should move ahead, with the City Manager answering a
question from Council Member Bauer concerning what priorities have
been set in accomplishing all of this to the effect that
everything must be completed in six months.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to authorize the City Manager to negotiate an agreement
for the proposed scope of work with Culbertson, Adams and
Associates, Inc., for a total of $139,000, plus typing and
reproduction costs, subject to an adjustment increase of up to 10%
to be approved by the City Manager, with the agreement to be
funded by the developers design and implementation funds.
JAYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Consideration of Applications Received for Appointment to Beaumont
Planning Commission.
In opening this agenda item Mayor Connors called attention to the
fact the terms will have to be staggered so they don't all expire
at the same time.
City Attorney Ryskamp advised that, pursuant to the Municipal
Code, two of the terms will expire on December 31, 1990, and the
remaining terms will expire on December 31, 1992.
Mayor Connors asked each Council Member, in alphabetical order, to
name the five applicants they recommend for appointment to the
Planning Commission.
Council Member Bauer: Kisling, Prouty, Ring, Berg and Echlin.
Mayor Connors: Berg, Ring, Kisling, Tinker and Witt.
Council Member Leja: Berg, Echlin, Kisling, Ring and Tinker.
Council Member McLaughlin: Berg, Echlin, Prouty, Kisling and
Ring.
Council Member Parrott: Berg, Echlin, Prouty, Ring and Tinker.
It was determined that Mr. Berg and Mr. Ring had received
unanimous support, Mr. Kisling and Mr. Echlin support from four
members, Mr. Prouty and Mr. Tinker support from three members and
Mr. Witt from one member.
Four applicants have the majority of the support, with Mr. Prouty
and Mr. Tinker tied. Council Member Parrott and Mayor Connors
both indicated they would support Mr. Prouty to fill the fifth
vacancy.
Motion by Council Member McLaughlin, second by Council Member
Bauer, to appoint Roger Berg, Donald Echlin, Kurtis Kisling,
Francis Prouty and Rex Ring to the Beaumont Planning Commission.
Page 5
MINUTES OF
JOINT SPECIAL MEETING
BEAUMONT CITY COUNCIL
AND
BEAUMONT UNIFIED SCHOOL DISTRICT BOARD OF TRUSTEES
MARCH 19, 1990
I. The Beaumont City Council met in a joint special meeting with the
Beaumont Unified School District Board of Trustees on Monday,
March 19, 1990, at 7:00 P.M., in the City Council Chambers, with
Mayor Connors and President Love presiding.
Council Members Leja, McLaughlin, Parrott and Mayor Connors were
present, with Council Member Bauer excused.
Trustees Dowden, Gannon, Partain and President Love were present,
with Trustee Upton excused.
The Pledge of Allegiance to the flag was recited.
The Clerk's affidavit of posting the agenda was read into the
record by the Deputy City Clerk.
II. DRUG EDUCATION
a. Welcome and Introduction of Representatives by Mayor Connors
and President Love.
Mayor Connors stated she was happy to have the Board of
Trustees here, and welcomed the opportunity to discuss issues
with them, and also glad to see so many people attend the
meeting.
President Love introduced his board members, Ron Partain, John
Dowden and Dick Gannon, indicating that Vice - President Ben
Upton is on vacation, and stating they would like to thank the
City Council for arranging this meeting to discuss a very
vital part of the community, the children.
b. Need for Addressing Pass Area Drug Abuse Concerns through
Education.
Mayor Connors opened this agenda item, stating she was sure
they were all agreed on the need to address the concerns.
She stated further that the school district already has some
programs in place, and the City recently met with the City of
Banning Council to discuss ways in which the entire area could
enter into the drug war.
There were no other comments from the Council or Trustees at
this time.
C. Existing K -12 Educational Programs - Superintendent Wood.
Superintendent John Wood presented information concerning the
existing programs the school district is using to address the
needs of its students, not only in the drug area, but in a
number of at -risk stages that do affect the educational
program.
One concept they have focused on is the fact that for 100
years of education in America there were steady rising scores
Page 1
Beaumont City Council
March 19, 1990
in standardized test scores, and improvement in overall
student achievement. Beginning with the Class of 1963,
changes were made in the educational concept of the one -room
school house, with a rural society and family support system,
going to the educational concept of loading students into
classrooms by chronological age in groups of 30 or more, and
focusing on particular academic subject areas, there has been
a steady decline in educational achievement, and at the same
time a rise in negative type behaviors, such as substance
abuse, teenage pregnancy and teen age suicide.
Because of this, the school district has been forced to take a
look at the needs of the young people today.
The Beaumont Unified School District has in place at this time
the following programs:
1. For K -6, a Riverside County pilot program known as "Here's
Looking at You ", which includes a teacher's guide for drug
and alcohol education containing a series of prepared
lessons with which all of the classroom teachers cover
this with their individual classes over the course of the
year.
2. At the junior high level, in conjunction with the Lions
Club Service organization, a program known as "Quest" has
been implemented. This program is used throughout the
world, focused primarily at the 7th and 8th grade level
students, and addresses skills for adolescents, rather
than just on drug education. It talks about the changes
of adolescence, building self- confidence and
communications skills, understanding and managing
feelings, improving friendships, resisting negative peer
pressure, strengthening family relationships, making wise
and healthy decisions, and some goal setting.
This was started last year, with all 7th grade students
enrolled in the class for one semester, which is
approximately 90 hours of instruction. This year it has
been expanded to include 8th grade students as well, with
the result that 8th grade students will have received two
full semesters of this program, or approximately 180 hours
of instruction.
3. At the high school level, the primary focus is science
classes talking about the effects the use of controlled
substances has upon the body.
4. There are a number of support activities at the high
school level as well: 1) Friday Night Live, a very active
organization which sponsors various activities on the
campus, 2) implementation of the use of an outside crisis
counselor to assist at -risk students, 3) a parent
education series in which the parents are invited to
evening presentations by medical doctors, professional
counselors, and other groups.
5. The school has also participated with the Pass Area Drug
Abuse Counsel in their various activities throughout the
year.
Even with all these programs in place at the present time, the
school district believes that more can be done through
educational programs, and have identified it through the
District long -range planning as the need to address the at-
risk students. Being a public school system they receive
students of all ages and grade levels, who come to the
schools with problems that affect the ability to teach core
academic subjects. Examples of these problems are: home
problems, not enough food in the home, not enough clothing,
low academic ability, peer pressure, etc.
Page 2
Beaumont City Council
March 19, 1990
The school district has identified the need to develop an at-
risk program, and that is being done by a committee task force
at this time. They hope to pull together all the programs
they have by this Spring to insure students will not be missed
at some level and their needs are met.
Two factors which affect any program is the allocation of
resources and the frequency and quality of the instruction.
It is felt they are operating at capacity already, and when
they are asked to add new programs they have to evaluate where
the resources will come from and what are they going to take
away, or readjust the current resources to meet the need.
By committing a large number of hours to these programs, it
takes away from instruction in core academic subjects, fine
arts, physical education, etc. The community expects the
schools to address all of these areas as measured on
standardized test scores, and there is a need to address our
student's abilities so they are performing to the capability
they are capable of. By adding additional subjects, these
issues have to be addressed.
This concluded Mr. Wood's presentation concerning the existing
programs, and the floor was opened for questions and
discussion.
Having attended one of the workshops, Council Member Leja
praised the at -risk program being developed by the school
district at this time, and she hoped the City would become a
part of it.
She did feel it should be clarified that drug abuse includes
alcohol, and is a key factor of teen age suicide. These
programs also deal with co- dependency and the fact the child
does not have to be on drugs to show signs of drug related
problems, and the at -risk programs will educate the whole
community.
Answering a request from Mayor Connors for information
concerning the cost of these programs, Mr. Woods responded
with the following information:
The "Quest" program approximate total cost is $23,000.00 per
year (including materials, training and personnel).
The "Here's Looking at You" program costs approximately
$10,000.00 per year for materials. The teacher would be there
in any event, so there is no additional cost for personnel.
The outside crisis counselor cost is approximately $2,000.00
per year, with the counselor available one day a week, as well
as being on call.
Mayor Connors asked if studies had been done on the
effectiveness of the existing programs, with Mr. Woods
advising the County has county -wide survey results which do
show definite results, although he did not have those figures
available tonight.
President Love brought out the fact that everyone thinks the
school district has a lot of money from the lottery, and
could fund these programs from that source, when the truth of
the matter is the lottery money represents only 3% of their
budget. When the lottery money was earmarked for schools, the
State cut back on other funding, so the schools did not
realize additional money from the lottery. In addition, 85%
of their budget goes to salaries, then utilities, transporta-
tion, insurance, supplies, etc., all of which take another
substantial portion, leaving very little for special programs.
Page 3
Beaumont City Council
March 19, 1990
Trustee Partain indicated the school district has been looking
at this problem for many years, as it is not a new problem.
Alcohol is the most accessible drug there is, available to
almost everyone. The district has been searching for a long
time for a program that is really effective. The basic
problem is not in the school district, but in the homes - the
family unit relationships. But the schools are asked to solve
the problem, and have made a lot of effort to do so. It is a
challenge, however, with constraints on money and time, and
the need to build new schools.
Council Member Leja asked if there were support groups in
place, in addition to the programs itself, with Mr. Woods
indicating there are counselors available at both the junior
high and high school level, and the classroom teacher is a
resource as well. Also, the crisis counselor is available.
d. DARE Program and Funding Possibilities.
At the request of Mayor Connors, Juanita Howlett provided
information regarding student population as follows:
There are 234 - 4th grade, 239 - 5th grade, 225 - 6th grade
and 29 special education students, for a total of twenty -two
classes. A sworn officer could teach 17 classes, five classes
per day to reach all the students. This would be 698 students
in the City of Beaumont, at $4.00 per student. Principal
Weideman indicated a corrected enrollment figure is" 732
students and twenty -five classes. This would equate to a cost
of $3,000.00 for materials. The cost for a DARE officer is
$45,000.00.
Mayor Connors requested comments or questions regarding the
DARE program, with President Love indicating they had studied
a great deal of material on the program, and feel it is a very
good program.
Mayor Connors said there was discussion at the joint meeting
of the two cities of Beaumont and Banning concerning the two
cities sharing the cost of the officer, with the school
districts paying for the materials, and the officer shared in
relation to the size of the City.
Council Member Leja commented that sharing the funding
responsibilities would be the most equitable manner to handle
implementing the program, and then stated she had personally
observed the effectiveness of the program as related to her
nephew's involvement in the program in Tennessee. It is a
very positive program with a great deal of impact on the
students.
Council Member McLaughlin asked if funding would be available
from other sources other than directly from the school
district and the City.
Mayor Connors answered this question with information that the
DARE America organization would furnish the first semester's
materials, and the police officer is trained by DARE American
at their expense. The only cost to the City would be the
officer's travel expense. Council Member Leja added that
private business is becoming involved, and money could
possibly be requested from this source as well.
Discussion continued concerning funding possibilities, with
Council Member. McLaughlin asking why federal and state monies
were not being offered to help fund a program as good as the
DARE program appears to be. Mayor Connors pointed out that
most of the federal money is going to the larger cities where
the drug war is more evident and physical, leaving the smaller
cities on their own.
Page 4
e.
Beaumont City Council
March 19, 1990
Other sources of funding were discussed including the
possibility of grants, with Council Member Leja calling
attention to information she had just received from
Assemblyman Cl.ute's office relative to a new grant which is
specifically for drug prevention programs. There are also
grants available from the Department of Education.
Trustee Partain commented that more children are at -risk than
just the 4th, 5th and 6th grades, and this program does not
address children other than at that level, with Juanita
Howlett confirming that is correct at this time. Dr.
Stratton clarified that certain programs are designed for
certain age groups, and this program would be only one of
several effective programs directed at specific grade levels.
Mayor Connors felt the joint effort by both cities and the
two school districts would present a united front to the
students, showing an intolerance to drugs and give a stronger
message to both the community and students, with Dr. Stratton
discussing further the existing program cost and
effectiveness, and the cost of adding the DARE program.
Mayor Connors then stated the cost to the cities for the DARE
program would be somewhere between 0- 23,000 dollars for their
share of a school program, and expressed her strong support
for implementation of the DARE program. She did point out
that in deciding to implement the program the City would have
to be assured it would continue, as the City could not hire a
police officer specifically for this program, and then find
out a year later the officer could no longer be paid, so this
must be considered as well.
Other Alternatives.
Council Member Leja spoke highly of the at -risk program
currently being developed by the school district, and
indicated that the overall impact of these drug programs
should be considered, such as being able to market the City
better, a reduction in the crime rate, and other areas which
affects the standard of living of everyone in the City. She
did feel that we did not want an overlapping of programs. The
most effective programs should be in place, with a good
consolidation of programs.
The only alternative she could see available is education of
the community and being willing to put the money into
education instead of having to build a prison next door later
down the road.
Council Member McLaughlin brought out the fact that parents
have to be 50% at fault and nothing has been addressed
regarding education of the parents.
Discussion of the issue of parent involvement followed with
members of both the City Council and Board of Trustees, as
well as Mrs. Howlett and Dr. Stratton participating.
President Love felt the DARE program is an alternative and is
a good program which should be implemented, with Trustee
Partain agreeing a number of different things need to be done,
and the school board has said that for some time and are open
to implementing some of these things.
Mayor Connors summarized that she is getting the message the
school district would like to implement the DARE program,
and the City would need to discuss how they would fund the
money for the officer, and where it would come from.
f. Consideration of Drug Program Funding.
In introducing this agenda item, Mayor Connors said it
Page 5
Beaumont City Council
March 19, 1990
appeared consideration of funding the drug program had
already been covered in the preceding discussion, with
Trustee Dowden clarifying his understanding to be the school
district would buy the instructional materials, and the two
cities would combine for the cost of the sworn officer. He
then asked how the City would justify an educational program
when the City itself represents only about 60% of the service
area of the school district, with the remaining 40% being
students not living within the City of Beaumont - could the
City Council justify this with their constituents.
Mayor Connors suggested the school district could pay for the
amount of the officer's salary based on this percentage.
Trustee Dowden then asked if the City could explore some
alternative funding with the Riverside County Sheriff's
Department, with Mayor Connors agreeing this was a very good
possibility as well, and that she appreciated the suggestion.
III. STUDENT HOUSING:
a. City and School staff Progress Regarding Agreement on
School Need to Generate 50% of School Housing Funds from
Local Sources. - City Manager Bounds and Superintendent
Wood.
City Manager Bounds indicated the city and school district
have met several times, with either just he and
Superintendent Wood or with consultants present, and he felt
they were quite a way down the road, and although they do not
have an agreement, they are getting closer to an agreement,
and closer to ways of determining the best way to fund
schools in this area, pointing out that not all the schools
will be within the City limits of Beaumont, so they are
dealing only with those that will be in the city limits
either today or in the future.
He continued that, in talking about a Mello -Roos District
later in the meeting, there could be two different programs
or one program, but there has to be two programs within the
school district itself, or the City would have to get
permission to go outside the city limits.
The key they are looking at is the fact that it appears 50%
of all school funding is going to come from the local level.
The city is considering the establishment of a redevelopment
program at the present time. If so, the school district
could be helped through that agency.
Another possibility would be the school district selling
Summit School and its property to the City, at some point in
the future, to correlate with a civic center, and perhaps
fund another school with something other than Mello -Roos by
doing this. There are many other ways the City and the
School District can help each other since obviously the $1.56
per square foot on building permits will not build schools.
He felt the City is moving from their side of the table to
show good faith and to strive to do everything it can to put
together a financing package where ways can be found to
provide that 50% financing in the most equitable way. New
development is going to pay their own way without question.
Trustee Partain called attention to the fact members of the
Council and school board could change in one year - two
years, and the key to facilitating what Mr. Bounds' was
talking about is to have some long term agreements that new
members of the Council or Board can't change. He feels it is
absolutely essential to do that if what is being discussed is
going to work.
Page 6
Beaumont City Council
March 19, 1990
Superintendent Wood indicated the meetings with the City have
been very productive. At the meeting in August one of the
sticking points was the type of point factor needed for the
Mello -Roos funding, and when they realized the State
Department of Education will fund 50% of the schools on a
priority basis to those who will generate 50% of it locally,
that was a major turning point, and the discussion turned to
how the maximum use could be obtained out of the locally
generated dollars.
He asked if they could go on to Agenda Item No. III.B, with
Mayor Connors suggesting a short recess prior to opening this
agenda item.
The meeting was recessed at 8:18 P.M., reconvening at 8:25
P.M.
b. Beaumont Unified School District Addressing Current Housing
Needs - School staff.
Superintendent Wood opened this agenda item with information
relating to the fact the school district is not only having
to address the addition of students in the future by virtue
of growth, but the fact the schools are impacted now.
A number of factors have been considered to deal with it
other than just build new schools. These include working at
the County level with some of the developers outside of, the
school district, and also where they are on the State school
bond issue, because the 50% from the State is not there and
has to be addressed by a bond issue. He then introduced Dr.
Fred Good, with the architectural firm of Porter and Jensen.
(i) Year -round education.
Dr. Good called attention to a map defining the school
district boundaries, describing how the map indicated
existing school sites and future school sites.
He then asked if he could address another alternative
relative to the drug issue question, and that is a school
site being more than an eight to three facility, and could be
used for extended day care and things of that nature.
Going back to the agenda item at hand, Dr. Good addressed the
current needs within the student housing by advising of
recent State legislation enacted, Assembly Bill 1650, which
requires school districts to study the feasibility of, and
implement, year round programs if they want the State to
participate in the funding to build schools. By January 1,
1990 the School District had to review and submit to the
State a feasibility study on year -round education. The next
phase would be involving the community on their attitudes
regarding year -round education, with the next step being
implementation by July 1, 1991 of a year -round education
program if they want the State to participate in funding of
new schools. This year -round program must provide year -
round programs for 10% of the K -6 students, in other words
this would equate to one of the district's campuses being
converted to operate on a year -round program to meet that
requirement.
The final layer of the year -round requirement is that by July
1, 1992, the program must be in place to provide year -round
education to 30% of the K -6 students. It appears this means
that unless the school district gets into the business of
year -round education, they will not receive State funding for
building new schools.
Page 7
Beaumont City Council
March 19, 1990
(ii) Instant School.
Dr. Good then directed the discussion to instant schools,
saying this was triggered by the State Department of
Education's visit to the school district to look at the size
of the campuses and how more buildings could be added to
house additional students.
Since it appeared the existing campuses would not allow
additional buildings to be built, as well as some buildings
not conforming with the structural safety act, a strong
message was received form the State that alternatives would
have to be found. This brought up the topic of instant
schools, which could be moved from one location to another
within the City as the need occurred, and also the question
of what do they do to house the number of increasing students
both today and in the future.
Dr. Good indicated this brought up the question and
discussion regarding potential sites on which to place these
portable classrooms, as it appears to be the only viable
alternative the school district has to utilize relocatable
classrooms, and they are proceeding in that direction.
(iii) Request for temporary closing of Orange Street to
adjoin Summit and track.
The final point addressed by Dr. Good was the possibility of
temporary closing of Orange Street to provide greater use
between the two campuses of Summit School and Palm School.
Their proposal was the installation of some type of chain
link fencing and rolling gates north of the police station
between Seventh and the police station.
Superintendent Wood said the concept would be similar to that
installed at Banning High School, where there is chain link
fence and swinging gates, so once school is out it could be
opened up for access north and south on the street. During
the school hours between 8:00 and 4:00 it would be closed.
As Summit utilizes the athletic field for physical education
classes, and if relocatable classroom have to be placed on
the football field, the teachers would not have to worry
about students crossing the street to the main campus.
Mayor Connors questioned if there was a safety agency
involved at the City of Banning, such as our police station
is involved on Orange Street, as she felt it was a different
situation completely, with Superintendent Wood responding
this is the type of concept the school district will be
proposing at a later date for Council consideration.
Dr. Good clarified this concept is just meant to be an
example of pulling out all stops looking for any and all
immediate answers.
Council Member Parrott expressed concern relative to the
police station being located on Orange Street and the need
for them to respond to emergency calls immediately, and if
the street is barricaded they would not be able to utilize
that route.
Lengthy discussion continued relating to the pros and cons of
all three issues addressed by Dr. Good.
Mayor Connors suggested the school district may want to
consider the possibility of installing a pedestrian overpass
over Orange Street in the event closing Orange Street is not
feasible, with Trustee Partain stating this is a prime
example of what he was describing earlier relative to long
term agreements, since the closure of Orange Street was
discussed by a different Council and a different Board at the
Page 8
- eaumont City Council
March 19, 1990
time of the land swap between the City and the School
District which allowed the City to build the police
department building on Orange. At that time it was
specifically said - "what is the possibility of closing
Orange ", and the existing Council said," no problem, no
problem at all closing Orange if you want us to since you
have stuff on both sides ". That is exactly what happens when
you don't have those. . .(long term agreements). The players
are different now. We would like to have Orange closed, it
would really be helpful to us to have Orange closed.
Mayor Connors pointed out it might be well to find out what
alternatives are available in case it is not closed.
C. Efforts to Obtain Funding - School staff.
(i) Landmark /County Agreement.
Dr. Good gave a brief synopsis of the Landmark /County
agreement as an example of the developer, school district and
City working out a plan to provide for school sites and
possible school funding.
(ii) State School Bond Issue.
Dr. Good advised that the bond issue which will be on the
June ballot, for $800 million dollars, will fund only about
one -fifth of the applications that are already on file.. The
November bond issue, for roughly another $800 million
dollars, will supplement the June bond issue, giving
districts such as Beaumont a chance to be considered for
eligibility for funding. Unless the district has 50% of the
funding in hand, however, the possibility of getting State
funding is non - existent.
Members of the Board of Trustees commented on the problems
facing the school district in assuring proper housing for the
students now and in the future.
d. City Concept of One General Mello -Roos District - City
Manager Bounds.
City Manager Bounds presented information concerning the
formation of a Mello -Roos District, indicating the City is
now looking at placing 7,900 acres in a Mello -Roos District,
most of which is not in the City at this time and will
necessitate going to the County for a joint use of Mello -
Roos money. The group working on this, which includes City
representatives, school district representatives and
developers, are striving to put together an equitable
financing package. He did emphasize that while new
development will pay their own way, they should not be asked
to carry the total burden.
He pointed out that many issues have to be considered in
putting together a Mello -Roos District, and priorities set.
Even after the priorities are set, it will then depend on
what the developer does with their property.
The key, in Mr. Bounds' opinion, is try to put together a
program that will allow the City to sell bonds in 1991, as an
example, for a house that will sell for $100,000 on the west
side of town, and a house that will sell for $100,000 on the
east side of town, if the tax for these two houses can be the
same. The larger the Mello -Roos, the easier to bond it in
the future.
In summary, he indicated the City, at this time, is looking
at one Community Facilities District, that will be in the
vicinity of 7,900 acres, explaining what the proposed
boundaries, although not totally set, will be.
Page 9
eaumont City Council
March 19, 1990
President Love indicated they agree with the City Manager
that everyone must work together in order to set up a plan.
Trustee Partain again emphasized the importance of a long
term agreement, so when a new Council or Board is seated, it
cannot be changed.
He then asked who would make the decision regarding the
priorities which are set in the Mello -Roos District. It
appeared to him there should be some type of arrangement
whereby the School Board has mutual input in order to make
that determination.
Mr. Bounds stated this would be worked out at staff level
to insure everything is prioritized and "triggered" at the
appropriate time, and this would be established so that
everyone is comfortable with it. There would also be a joint
Facilities Financing Coordinating Committee, with equal
power.
e. School District Proposed Memorandum of Understanding
Agreements - Superintendent Wood.
Superintendent Wood spoke regarding the concept of a
Memorandum of Understanding which will result in a long term
agreement outlining everything that has been agreed upon
in entering into a Mello -Roos District with the City. In
that manner, it would be in place when a new Council or Board
is seated.
He then distributed copies of five proposed items for
inclusion in a Memorandum of Understanding.
Mayor Connors commented that since the discussion is being
held at staff level, when it is completed staff should then
come to the Council and Board rather than discussion by the
Council and Board at this time.
Superintendent Wood felt it might be appropriate to receive
direction from the Trustees and Council so far as whether
they feel staff is heading in the right direction.
Mayor Connors felt everyone had studied the letter, and
understood what is being proposed, and it is not the type of
complicated issue which should be discussed now.
Trustee Partain suggested it might be appropriate for the
Trustees and Council Members to discuss the proposal
individually and submit their comments to their respective
staff.
After further comments, Mr. Bounds suggested that a draft
document could be prepared by staff for presentation to both
the Trustees and the Council, then call a joint study session
where the consultants, himself and Superintendent Wood could
be asked all the questions they may have. It will be
approximately two months to ten weeks before they will be
prepared to present the draft.
There being no further business to come before the meeting, after
closing comments by Mayor Connors and President Love concerning
the success of the meeting, the meeting was adjourned at 9:49
P.M.
Respectfully submitted,
4_-�t
City Clerk
Page 10
BEAUMONT CITY COUNCIL
MINUTES OF
MARCH 26, 1990
The Beaumont City Council met in a regular meeting at 7:00 P.M., on
Monday, March 26, 1990, 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 riven by City Manager Bounds, who then led the
Pledge of Allegiance to the Flag.
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: 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.
4. City Manager Request for Discussion and Direction from Council
Regarding Program to Remove all Non- Conforming Signs in the City.
This agenda item was opened with a report and request from the
City Manager for direction regarding implementation of a program
to remove all non - conforming signs. The report contained
information relative to a meeting held with Richard and Patsy
Reeley, concerning a problem with signs at their business located
on Beaumont Avenue. A copy of this report is a matter of record
in the Clerk's file.
Mrs. Patsy Reeley, property owner of Creative Touch Ceramics, 1038
Beaumont Avenue, addressed the Council expressing her concern
relative to enforcement of the City's existing sign ordinance,
distributing photographs of signs at both new and old businesses
on Beaumont Avenue, as well as on 6th Street.
Mrs. Reeley stated she had been informed by the Planning
Department the ordinance was being enforced for all new
businesses, but not being enforced at old businesses. Contrary to
this statement, many of these photographs of non - conforming signs
are new businesses.
She then gave background information concerning business signs on
her property which were removed at the request of Planning staff,
mainly through a misinterpretation by Mrs. Reeley of the
requirements. But she did feel (since the City was citing lack of
manpower as one reason for non-enforcement) she and her son have
been discriminated against, and the business singled out for some
reason or other, since someone was in touch with them within
four or five days after the sign had been erected to tell them the
sign was not right and must be taken down.
She agreed the ordinance is a good ordinance and should be
enforced, but if it applies to one business it should apply to
every business in town.
Page 1
Beaumont City Council
March 26, 1990
Mrs. Reeley's closing remark was, "if you are going to have the
ordinance, enforce it - if not, rescind it.
Questions were asked of Mrs. Reeley for clarification of certain
statements she had made.
The City Manager answered questions concerning what would be
involved in surveying all existing signs in the City, and the
City Attorney called attention to the fact the Council must
proceed cautiously due to constitutional questions, since signs do
fall under (in many cases) the First Amendment, and thought should
also be given to possible compensation necessary for removing non-
conforming uses.
The City Attorney also noted the law is very clear in giving a
City the authority to eliminate non - conforming uses by attrition.
In other words, when there is a land use change, a new building
requesting a building permit for any type of changes on the lot,
- especially where you are going from something as dramatic as
residential to commercial - that is the appropriate time to
make the changes to conform to an ordinance. That is the way you
can gradually eliminate non - conforming uses, whether it is signs
or non - conforming uses within zones, to require the property owner
when they make a change to conform to the ordinance.
He continued with the statement that since Mr. Koules has been
with the City, there has been a definite attempt on the part of
the Planning Department to consult the attorney's office in•terms
of implementing the sign ordinance.
Stephen Koules, Director of Community Development, stated no sign
permits have been issued that are in violation of the ordinance in
the two years that he has been with the City, and gave background
information concerning the procedure that is being used in
implementing the sign ordinance.
Council Member Bauer expressed the following relative to the
ongoing discussion: The passage of the Ordinance should have been
sufficient authorization to provide the manpower to enforce the
ordinance, and the Council should not even be debating that issue
at this time. Secondly, he feels there is a lot of merit to the
use of attrition. The City has used that, and would not go right
down 6th Street and tell people they had to put in curb and gutter
improvements. If they did the City would have a revolution on
their hands. There would be a smaller revolution if the City told
them they had to take down their signs. He did feel this
ordinance was poorly prepared. It should have been directed at
attrition to accomplish the purpose. This is exactly what the
Planning Department is doing, and he thinks it is a fair, proper
and reasonable way to do it. So far as fairness to new
businesses, the attrition system is fair to new business and also
fair to old businesses.
Council Member Bauer stated further that one thing that does
impress him so far as the sign situation is concerned is we have
new signs starting almost daily in the City of Beaumont. It is
very difficult to police and to control. The City does not have a
Code Enforcement Officer. If the City had someone cruising the
streets of Beaumont looking for stuff that is growing and nip it
in the bud before it starts to sprout, the City would be better
addressing the :situation as well as several other situations.
Council Member Bauer's recommendation was for the City to review
the sign ordinance before anything else is done and decide whether
attrition is the proper way, by placing it as a specific item on
an agenda in the future. And the City should seriously explore
the appointment of a code enforcing officer because this City is
growing, is going to grow a lot more, and someday the situation is
going to have to be taken care of, and that day may be now.
Page 2
Beaumont City Council
March 26, 1990
Council Member McLaughlin felt the City's sign and zoning
ordinances provide that different signs can be erected and are
legal. Therefore, if you are not completely familiar with the
entire ordinance, it would appear that although the sign may look
like it is not correct, it may be in a different zone then the
sign of the person questioning it, and therefore is a legal sign.
He stated further there is a lot of work that has to be done, and
the Council wants to be fair to all people. In listening to
staff this is not an overnight job, and some of the non - conforming
signs date way back, creating quite a lot of problems in trying to
correct them. The City of Beaumont certainly is not unique in the
problem of existing non - conforming signs, but should try to do
what is correct as they occur, even though the neighbor is not
correct.
Mayor Connors wanted to know if the City notified all businesses
about the sign ordinance when it was adopted, with the City
Manager indicating no current staff member was here at the time
the ordinance was adopted. She wondered if we were making this
more difficult than it is, and suggested the City could use the
business license information currently on the computer and let all
businesses know about the sign ordinance and maybe some of them
will comply, including some of the old signs, rather than have the
City come and talk with them.
She also asked about the involvement of the Chamber of Commerce,
understanding there was going to be a survey by the Chamber, but
she is hearing that the survey the City needs to make is more
complicated, more in depth, than what the Chamber was planning to
do.
The City Manager replied that he did not see how the chamber could
do the type survey the City would have to do to accomplish what is
needed. His understanding was the Chamber was going to survey the
businesses with questions asked regarding signs.
Lyle Millage, President of the Beaumont Chamber of Commerce,
addressed the Council, relating the sign ordinance is very high on
the Chamber's agenda, and their concern is the signs that will be
coming will be conforming to the proper zoning, so the different
corridors of business need different representation. The Council
has learned tonight that changing the sign ordinance is quite
complex. The Chamber, in an effort to expedite it, started the
survey, along with their business survey, and have found it is
more of a job than the Chamber can handle with the staff they
have. They are probably 25% completed with it at this time, and
he does not know if they will be able to finish it or not since it
is such a big job.
Mr. Mi11age commented further that the businesses on Beaumont
Avenue have different needs than the businesses on 6th Street and
the freeway corridor, and the entire sign ordinance should match
with the new City that is going to be built. It goes beyond
individual signs. The sign ordinance should definitely be
reviewed and he offered the Chamber's assistance if needed.
Mayor Connors asked if it would be possible to put the building
inspector on full time, and have some time per day spent in
surveying signs for compliance, and then at budget time discuss
adding a code enforcement officer or another planning person, etc.
The City Manager asked for clarification regarding whether the
Mayor was suggesting full time until budget time and then review,
or full time from now on, with Mayor Connors indicating there
should be discussion at budget time regarding hiring anyone,
whether it is code enforcement or a planning person.
Page 3
Beaumont City Council
March 26, 1990
The Mayor and City Manager continued their discussion relative to
the Mayor's suggestion, with the City Manager stating it might be
more appropriate to wait until there is less building in 1990-
91, leaving the building inspector more time for sign enforcement.
Responding to a question from the Mayor asking why we no longer
have a code enforcement officer, the City Manager advised the
position was half time code enforcement, half time animal control,
and it was determined we needed an animal control officer full
time rather than half time, and confirmed that code enforcement
now fell into the hands of the police department.
The discussion continued with all members of the Council
participating, as well as the City Manager, City Attorney and
Community Development Director, with all aspects of the sign
ordinance discussed, including among other things, scheduling
a special agenda item to study which route the Council should go;
review of the entire ordinance by the City Council and Chamber of
Commerce; establishment of a special task force for this review;
obtaining City Attorney's views on constitutionality and input on
amendment of thF ordinance; establish cooperation between the City
Council, the Chamber of Commerce and any other businesses and
associations in 1.he area; consider other aspects of beautification
of the City a1. the same time as reviewing signs, such as
merchandise on the sidewalks, junk cars, etc.; review the entire
economic development procedures for the City; and review addition
of a code enforcement officer at budget time.
Direction was given to staff to start an amendment procedure to
start corning th.,ough its normal process for those sections from
17.60.200 to the end of the chapter, with the understanding that
we are dealing with non - conforming signs and billboards to be
removed by attrition, with no objections from the Council.
The meeting was recessed at 8:20 P.M., reconvening at 8:27 P.M.
Mayor Connors called attention to the fact there seemed to be some
misunderstanding regarding exactly what the previous direction
was, therefore, the direction to staff regarding the sign
ordinance was restated as follows:
Direction was given to staff to immediately start the process to
eliminate Section 17.60.200 to the end of the chapter, and adding
that non - conforming signs and billboards shall be dealt with by
attrition, with the Planning Department and City Attorney to then
begin work to review the entire ordinance, obtaining comments from
the Chamber of Commerce after a draft has been developed. There
we e no objections from the Council to this direction.
5. a. Determination of Use of 16th Year Community Development Block
Grant Funds. (Continued from March 12, 1990).
The City Manager reported that painting the Civic Center building
would not qualify for CDBG funds. With this in mind, he
recommended the 16th Year CDBG funds be used for re- roofing the
pavilion and restroom buildings, adding new playground equipment,
and funding the request from the I Care Shelter Home.
Mayor Connors' suggestion of funding for improvement of the animal
shelter would not qualify as it would be considered maintenance,
and other means of funding these improvements have been discussed.
The City Manager's recommendations were supported by all Council
Nyembers.
Vb. Consideration of Adoption of Notice of Exemption for 16th Year
Community Development Block Grant Funds.
C. Consideration of Authorization to Submit Application for 16th
Year Community Development Block Grant Funds.
Page 4
Beaumont City Council
March 26, 1990
2. It is impossible to adequately evaluate the claim without
extensive discovery.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
9. CONSENT CALENDAR - All Items Listed Under the Consent Calendar
are considered to be routine by the City Council and will be
approved on one motion. There will be no separate discussion of
these items unless a Council Member or Citizen so requests, in
which case the item will be removed from the Consent Calendar and
considered as a separate item.
a. Approval of Minutes of Regular Council Meeting of March 12,
1990.
'b'. Approval of Warrants as Audited per Warrant List of
March 26, 1990, in the amount of $142,157.47, and Payroll of
March 15, 1990 , in the amount of $58,894.60.
C. RESOLUTION NO. 1990 -13 - Accepting Offer of Dedication for
Additional Right -of -Way Along Highland Springs Avenue, and
Ordering Recordation Thereof with County Recorder. (Loma Linda
Property).
d. Authorize H.E.L.P. to Use City Streets May 19, 1990 for a
Walk- A -Thon to Raise Funds.
e. Authorization for Cherry Festival Association to Use City
Property and City Facilities During 1990 Cherry Festival,
June 13 -17, 1990.
Motion by Council Member Bauer, second by Council Member
McLaughlin, to adopt the Consent Calendar.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Date Set for Next Regular Meeting, Monday, April 9, 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 McLaughlin, the meeting was adjourned at
8:52 P.M.
Respectfully submitted,
City Clerk
Page 6
Beaumont City Council
March 26, 1990
Motion by Council Member McLaughlin, second by Council Member
Bauer, to accept staff's recommendation for use of 16th Year
Community Development Block Grant Funds for rehabilitation and
improvement of Stewart Park, and fund the request from I Care
Shelter Home, as follows:
1. Replace the roof of the pavilion, the restroom
building by the pavilion, and the restroom
building on 8th Street, the roofs to be re-
placed with a 30 year shingle. $14,500.00
2. Park playground equipment for Stewart Park 34,949.00
3. I Care Shelter Home
••1 11
$50,439.00
to adopt a Notice of Exemption for this project, and authorize
submittal of the application.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
6. Consideration of Bids Received for Purchase of Three (3)
17- Passenger Buses.
A report was received from the City Manager indicating that all
three bids received were incomplete, and recommending this agenda
item be continued until additional information could be obtained
from those companies submitting the bids.
There being no objections, the award of bid for purchase of three
17- passenger buses will be postponed until the next regular
meeting.
7. Consideration of Application Received for Appointment to Fill
Existing Vacancy on Senior Citizens Advisory Commission.
The City Manager reported that only one application was received
for appointment to fill this vacancy, and recommended appointment
of Mr. Joseph Kirk.
Motion by Council Member Bauer, second by Council Member
McLaughlin, to appoint Mr. Joseph T. Kirk to the Senior Citizens
Advisory Commission to fill the unexpired term of Earl Merrill
ending December 31, 1991.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
B. Consideration of Claim Filed by Luigi Renna and Ae Suk Duro.
The City Manager submitted staff's recommendation to reject the
claim based on the recommended findings. A copy of the City
Manager's report is a matter of record in the Clerk's file.
Motion by Council Member Bauer, second by Council Member
McLaughlin, to reject the claim filed by Luigi Renna and Ae Suk
Duro based on the following findings:
1. That the documents and evidence reviewed thus far fails to
establish liability on the City of Beaumont.
Page 5
BEAUMONT CITY COUNCIL
MINUTES OF
APRIL 9, 1990
The Beaumont City Ccuncil met in a regular meeting at 7:00 P.M., on
Monday, April 9, 1990, in the City Council Chambers, with Mayor
Connors presiding.
On roll call the following Council Members were present: Leja,
McLaughlin, Parrott and Mayor Connors. Council Member Bauer was
excused.
The Invocation was given by City Attorney Ryskamp, who then led the
Pledge of Allegiance to the Flag.
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 Report of Police
Chief and Other Oral And Documentary Evidence Bearing Upon The
Question Of Whether a Brindle - Colored Pit Bull Female Dog
Belonging To Frank J. and Sally M. Geiser, 946 E. 11th Street,
Beaumont, is Vicious.
Chief of Police John Funston distributed a chronological report
of incidents involving the animal in question. This report is a
matter of record in the Clerk's file. Chief Funston then
stated that a brindle colored pit bull owned by the Geiser family
has been declared by himself to be a vicious animal, and
appropriate notifications were made to the owners that intentions
are to destroy this animal in an appropriate and humane manner.
He then indicated this is what he is presenting to the Council
this evening. A brief verbal presentation was then made by Chief
Funston noting the incidents involving this animal, including
citations issued.
The public hear:_ng was opened at 7:11 P.M.
a. Testimony from Frank J. and /or Sally M. Geiser.
Sally Geiser, 1276 Palm Avenue, addressed the Council: My name
is Sally Geiser. I live at 1276 Palm Avenue, Beaumont,
California. He says that he wants to humanely put my dog to
sleep in an appropriate and humane manner. What kind of manner
does that mean. Does that mean that you are going to give her a
lethal injection and send her off to be made into dog food. If
you have ever watched that 20/20, they said that - oh, maybe if
they do it by lethal injection and they are made into dog food,
everybody else's dogs are getting the same thing. They are
getting a dose of that lethal injection.
Mayor Connors: Mrs. Geiser, the question that we are addressing
is whether or not the dog is vicious. If you have questions, we
will be glad to answer them, but if you have testimony bearing on
whether or not . . .
Page 1
Beaumont City Council
April 9, 1990
Mrs. Geiser: Well, I would like for you to first - under one of
your sections here, it says a dog may not be destroyed if he is -
if she does law enforcement work. I have proof right here that
my dog has done, and has been a - she has been used to obtain
money in my course of work. I work for the District Attorney's
office, Family Support.
Mayor Connors: Trixie also works for the District Attorney's
office, in Family Support.
Mrs. Geiser: Well she was employed at that time right there.
That was September of 89. She also completed her dog training
class with Keeler, Dick Keeler, who has trained most of the dogs
that are - Lassie - all of those dogs.
Mayor Connors: What law enforcement agency was Trixie working
for here.
Mrs. Geiser: District Attorney.
Mayor Connors: In the Family Support Division?
Mrs. Geiser: Yes.
Mayor Connors: How does the Family Support Division use a law
enforcement dog.
Mrs. Geiser: To obtain - in that certain instance it was -
we couldn't find any assets that this man had, and I knew he had
a dog training class, so I enrolled in the class and had Trixie
participate in the ten weeks of dog training - which she
graduated.
Mayor Connors: Continue. Did you have more. Continue.
Mrs. Geiser: It says what deems a dog vicious. There is plenty
of dogs that have killed other animals. Mine just happened to be
a pit bull who is really highly recognized now as being one of
the so- called, you know, vicious dogs. When Trixie participated
in that class there was 25 dogs there. She not once went after a
dog. You can call Dick Keeler and ask him if she ever did
anything.
My dogs - I think there was - I don't think anybody really knows
what happened the day that my dog was shot. On February 2 when
they both got out and so- called mauled Christina Ternes' dog, who
was asleep. I don't know why my dogs would go after a dog that
was asleep, but., anyway, Officer Haas told Frank Geiser if he
ever saw that dog out one more time, he would shoot to kill. He
wouldn't even see what the dog was doing. Nothing. And Gilbert
Kreiter knows that. Gilbert Kreiter and there is also another
guy that was there. He was from road camp, whose name was Mr.
Wallace. He heard that direct statement from Officer Haas. And
they fought about it over and over, just yelling at each other
and yelling at each other, and Haas just told them, I will just
flat out kill him. Now I think that is willful cruelty to
animals, which I will be taking to another attorney to get that
charge against Officer Haas for that reason.
Tyson was - he had never, ever attacked a person. He was the
most gentle dog. More gentle than Trixie. Christina Ternes,
when she put up her fence, moved her fence approximately 12
inches away from my fence. That is how the dogs got out that
day. Anybody could go by my house today and see where the fence
had been moved. It was almost like it was - well, if I move the
fence over maybe the dogs will get out and they will both just
get killed. So that is pretty much what happened. Otherwise my
dogs would not have tried to get out.
Mayor Connors: Did you give an address on Palm.
Mrs. Geiser: Yes I did.
Page 2
Beaumont City Council
April 9, 1990
Mayor Connors: Have you moved from 946 E. 11th.
Mrs. Geiser: Yes I have.
Mayor Connors: Okay. I was just - for clarification - a little
confused.
Mrs. Geiser: I think they are all taking into consideration the
prior dog, Butch, who everybody keeps saying was court ordered to
be put to sleep. Attorney Ryskamp and I made an agreement that I
would put him to sleep if he would not charge me any court fees
or filing fees. And he said yes. There was no court order to
have him put to sleep. When you - that lawsuit is still going
through right now. We are going to take interrogatories in June.
The attorneys have asked me not to really mention anything on
that only because of what could be - with Ashley Dawson - be -
if they plan to take into consideration there. I mean, when a
little girl is egging on a dog - and my son is telling her -
leave the dog alone. Leave that dog alone, and she kept going at
him. Just kept doing it. And there are 20 -30 witnesses to that
effect. And then she finally just reached into inside of his
face and goes like that - well, what dog wouldn't bite.
Council Member Leja: Is that the Butch dog.
Mrs. Geiser: Yes. As for Mr. Gaines. When you throw a branch,
tree branches at the dog, and only go outside work from here to
there to the fence, no wonder he aggravates my dog. He wouldn't
show his dog bite - you know - that he claimed he had. Ten days
later I had the dog catcher go over there and ask him, did you
see the dog bite. Was there a dog bite. Did it puncture him.
Well, if course, Mr. Gaines didn't want to pull down his pants I
guess. And after ten days, if it was really bad, he should have
gone and sought medical attention. But, no, he never did that
either.
Mayor Connors: Did you wish to say anything further.
Mrs. Geiser: I am thinking. I have abided by the laws here in
Beaumont, the City district, for rabies. My dogs have been
licensed every year since I have had them. Their shots were up
to date. And everybody on the petition that we got, not one of
these people is on this dog license list. These are our law
abiding citizens that we have. Your dogs - - - -
Mayor Connors: Mrs. Geiser, Mrs. Geiser, you are supposed to be
addressing the Council on whether or not the dog is vicious.
Mrs. Geiser: I will also bring this up at another meeting,
where, you know, the law abiding citizens that we have.
Mayor Connors: You are not up here to attack the other citizens.
You are here to tell us why you feel the dog is not vicious. Do
you have anything further to say.
Mrs. Geiser: I think I took enough precautions on trying to keep
my dogs - I mean everybody else just open the gate and say, go
ahead dogs, run. I love them to be out there. I work in
Riverside. It is not real good to hear from somebody that tells
you, your dogs are out again. But Christina Ternes could also go
out there and just say, Trixie, come on, lets go inside the yard.
And she could just get the dog and Trixie would go back into the
yard.
The other subject, Karen, she could do the same thing. She put
Trixie in the yard many times. Did she bite her. Officer Haas,
when he shot off the gun, the two shotgun blasts that he did when
Tyson was so -call running at him. Where we found the shotgun
blasts wasn't even near, close to where he was shot. So those
three shots that he did take killed my dog in a place where it
should not have been done if he was attacking him. I think that
is really sad when a police officer has to make up a story that
my dog was going to attack him.
Beaumont City Council
April 9, 1990
Mayor Connors: Do you have anything further.
Mrs. Geiser: We 11 , if they deem my dog vicious, I do not want
her killed by lelthal injection. I want her either cremated and
buried someplace.
Mayor Connors: If you don't want her killed by lethal injection
how do you want 'ier killed, if she were killed.
Mrs. Geiser: Well, however they do it . . .
Mayor Connors: But not lethal injection, some other method.
Mrs. Geiser: Yes.
Mayor Connors: Okay. Is there anything else.
Mrs. Geiser: Gilbert Kreiter knows Trixie. He knows her very
well. That is all he would ever have to tell her. Come on Trix,
get in the car, and she would jump right in. Now how dangerous
is that. Vicious. You dogs - that probably is where they -
I don't know what it is in a dog that does that to them, where
they go after other dogs that they don't like. But I think now
that Tyson is gone, there is nothing there for Trixie to go out
and have fun with, because before they would just run in the
yard, they would take a stick, run through the yard, back and
forth, back and forth, back and forth, and now she doesn't have
anybody to play with. And I just don't think that she would, or
is a vicious dog. I for one, I mean, do I look like a typical
pit bull owner.
Mayor Connors: I don't know any other pit bull owners, I'm
sorry.
Mrs. Geiser: Well people look at me whenever I tell them I have
pit bulls, and they say, you have pit bulls. How can you control
them. Well I could control Trixie. When she was in that dog
class it was amazing what she did. Mr. Keeler was also amazed.
He wanted me to take her and put her into more training and get
her papers and stuff, because he thought that she had a lot of -
she has a lot of heart, and she wanted to do only what I wanted
her to do. But, if that is what they want to do is kill her,
then all I can say is that I will be on the lookout for dogs that
are out there, and by god people better respond to my requests
when I say that that dog is vicious.
There is a dog right now that is constantly out on 9th Street
after my husband. Who has stalked him every night. Just sits
out there in the middle of the street barking, and barking and
barking and barking. But, we don't call the cops just to have
them come and shoot a dog. But, I will keep Officer Haas'
number so that, you know, whenever that needs to be done before
8:00, or after 5. . .
Mayor Connors: Mrs. Geiser that is not what you are here for.
Mrs. Geiser: That is all I have to say.
Mayor Connors: Is it all right if we turn this over to the
Council for questions.
Mrs. Geiser: Yes.
Mayor Connors: Mr. McLaughlin, do you have any questions.
Council Member McLaughlin: Well, I was wondering, in this
training of your dog - in other words - you went through this
course.
Mrs. Geiser: Te-i weeks.
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Beaumont City Council
April 9, 1990
Council Member McLaughlin: Ten weeks, and graduated, and you had
different commands to give it and so forth. And, so you said one
or so and it actually performed. Then, it hasn't done anything
for how long. Do you think it might have needed retrained.
Mrs. Geiser: Oh, I kept walking it all the time. People saw me
walking.
Council Member McLaughlin: That isn't the point I'm making.
Walking a dog is not training a dog to be a dog that is going to
Mrs. Geiser: That is part of the training that you continue to
do all the time.,
Council Member McLaughlin: To me it seems like there has to be a
constant training. I don't know, these dogs that you are
talking about, where they become an officer's dog, or this type
of procedure. in other words, you were renting where you were on
946 . . .
Mrs. Geiser: I own the house.
Council Member McLaughlin: Oh, you own that house. And now
where you are living now you are renting.
Mrs. Geiser: No, I am living at my mother's house.
Council Member McLaughlin: So in both cases you are the owner in
those homes. And now the new place, would it have a proper
fence, maybe superior to what the other one is, because the other
one it seems like they could jump it quite easily. It didn't
take too much for them to jump up.
Mrs. Geiser: Well there is a hot wire on it now. There is a hot
wire on it now. I have proof of that too. Of buying the hot
wire.
Council Member McLaughlin: The other thing that I was
wondering, you speak of a neighbor, he gets too close to the
fence and the dog gets very agitated. In other words, if we have
a common fence, whether its - you feel like it is in the right
position or not the right position, that is not the point. The
point is he should be - or she - should be able to get up to that
fence to either cut weeds, or cultivate, whatever he is going to
be doing there without having to worry about this dog on the
other side acting like it would like to get to him, or her.
Mrs. Geiser: Well, when you throw branches at a dog, what is the
dog to do.
Council Member McLaughlin: Well I don't, we will have to wait
and see what his comment is. But again, you know, this doesn't
sound good for the dog to me. What - you have three dogs, Butch,
Tyson and Trixie. Now what is the relation of these dogs.
Mrs. Geiser: Butch is the father.
Council Member McLaughlin: To what.
Mrs. Geiser: To Tyson. Trixie was the mother.
Council Member McLaughlin: And how old a dog is she now.
Mrs. Geiser: She is going to be four in - no she is going to be
- yeah, four in September.
Council Member McLaughlin: So Tyson was what, two years old, or
what.
Mrs. Geiser: No he was just a year and a half. Still almost a
baby, a year and a half. She must only be three and a half.
Page 5
Beaumont City Council
April 9, 1990
Council Member McLaughlin: And of course you mentioned, keep
mentioning it, if the dog has to be destroyed, of course, you say
you don't want her to have a lethal injection, would you rather
have her shot.
Mrs. Geiser: No, I guess not.
Council Member McLaughlin: You know, if . . .
Mrs. Geiser: All I ask is that Officer Haas not be the one to do
it.
Council Member McLaughlin: But, you know, there has got to be a
humane way, and that sounds like a humane way to me. If that is
what happens. I suppose - I don't know, it doesn't mention here,
but I am sure that you might have a choice as to how, and there
might be a method of how they are - where they are cremated or
buried or how. I think what you said about dog food, to me,
seems very unusual.
Mrs. Geiser: They just had a special on it. Veterinarians were
surprised at where those dogs were going.
Council Member McLaughlin: I had never heard of it. Okay. You
can have somebody else ask their questions.
Mayor Connors: Mrs. Leja.
Council Member Leja: The obedience class that you keep referring
to you. How great this obedience guy is. He was the guy that
you guys were prosecuting.
Mrs. Geiser: Yes. We were trying to collect money from him.
Council Member Leja: Oh. For child support from what I gather
in this report. Is this report part of the court record.
Mrs. Geiser: It is part of the DA's office and my personnel
record.
Council Member Leja: Part of the DA's office. I was curious
because I don't see a date or anything like that that we could
refer to.
Mayor Connors: Did you say it is part of the DA's office
personnel records.
Mrs. Geiser: Yes. Given to Grover Trask on November of 1989.
Council Member Leja: Why did you buy pit bulls. I am just
curious. Did you like the look of them, or . . .
Mrs. Geiser: No. My friend raises them out in Cabazon, toward
Palm Springs, and she had always had them, and just one day I
went visiting her and I saw those dogs - it happened to be Butch
- and he was so cute. He was only like - he was eight weeks old
at that time. And, they kept telling me, come on, you guys need
a dog, you guys need a dog. And I kept thinking, no I don't want
a pit bull - I don't want a pit bull. I mean, I was deathly
afraid of them. I was afraid of all big dogs because I had been
bitten by one. In 1976.
Council Member t.eja: By a pit bull.
Mrs. Geiser: No, it was a german shepherd. Just came running
out.
Council Member Leja: Do you know why they raise pit bulls.
Mrs. Geiser: Because they have always had them.
Page 6
Beaumont City Council
April 9, 1990
Council Member Leja: No, I am not talking about those people.
The purpose for pit bulls. Some dogs there is a purpose - they
are sheepherders - some dogs are just good domestic pets - some
are watchdogs, some are attack dogs. Do you know the history of
pit bulls.
Mrs. Geiser: Yeah, but that wasn't my purpose.
Council Member Leja: I think the point is they have a nature for
attack, and for being vicious. And owning a dog comes
responsibility. And I have owned dogs all my life. Big dogs.
One I even shot myself because it bit a little girl in the
neighborhood. And from that point on I knew that dog was
worthless to me. And it was one of my favorite pets, but I could
not risk the neighborhood - of anyone being attacked or defaced,
or mutilated. I mean that was my responsibility. Keeping them
in fences, all that type of thing. The same thing, where we have
had dobermans that have been loose in the neighborhood where I
lived before. When we called the owner to keep the dog up, when
a doberman is trained for attack, then, at that point, you are
very fortunate that you have this chance to speak in front of
someone, because there are a lot of neighborhoods where they will
just go ahead and shoot the dog.
Like I said, owning a dog like that is a tremendous
responsibility. One reason I don't own a dog now is I don't feel
that I have the proper amount of land for a dog that I enjoy to
be able to run without it doing whatever it is going to do. From
what I understand about pit bulls they are traditionally vicious
dogs for attack.
Mrs. Geiser: But if you train them that way.
Council Member Leja: Well, apparently, you didn't do any
training until you got the chance for it to be paid for by the
District Attorney's office, and that is not being very
responsible.
Mrs. Geiser: No, that is . . .
Council Member Leja: And with a dog that has - that family of
dogsthat has a history of being vicious attack dogs, that should
be the first thing that you want to do. You said that all the
neighbors could get the dog to go back into its fence. Did it
get out a lot.
Mrs. Geiser: She just wanted to go with me wherever I went.
Council Member Leja: Did she jump the fence.
Mrs. Geiser: She climbs the fence.
Council Member Leja: She climbs it.
Mrs. Geiser: She climbs it. Gilbert Kreiter told me that she
climbed the fence at the dog pound, and she was stuck up there,
just hanging on.
Council Member Leja: What is going to happen when that dog
climbs the fence. I mean, like I said, I have raised dogs all my
life, we've trained labs, we have trained every kind of dog, even
a dog that would start to attack cats. That dog, once it had the
taste, it was no good.
Mrs. Geiser: I agree with that. I do agree with that.
Council Member Leja: And, like I said, there is a responsibility
by the owner, but when that responsibility is not taken, and time
after time a dog is out with that type of background, with that
type of family history, then somebody has to take the
responsibility, I want you to realize that. I know if - it
Page 7
Beaumont City Council
April 9, 1990
terrified me when I was reading this. What if my son, my baby
and I were in the backyard, he was in one corner and I am in the
other corner pregnant, and a dog comes in and challenges and
starts running towards him like a rag doll. That happens a lot.
There is a responsibility there. I realize that you are at work,
but if you can't take the responsibility for a dog of that
nature, then maybe you should have found another type of dog that
would respond better for your area. But, it is scary. And, like
I said, I am kind of curious about Trixie being used as part of
this, when there are no dates or no - the person that is giving .
Mrs. Geiser: The confidentiality of our cases, I couldn't just
bring you the case.
Council Member Leja: I understand that, but 1 also know with
some cases they also have in the front where it has been filed
with the court and that type of thing, which has the date and
stamp.
Mrs. Geiser: I told you it was not filed with the court. I told
you it was filed in the DA's office, in my personal personnel
file.
Council Member Leja: And this is the guy that trained the dog,
that you are prosecuting.
Mrs. Geiser: Right.
Council Member Leja: That kind of leaves something to be desired
in him as taking his word as a trainer.
Mrs. Geiser: Well, he didn't know we were doing this.
Council Member Leja: But, I think you understand what I mean by
it. But. . .
Mrs. Geiser: No I don't think you understand what I mean by it.
Council Member Leja: I think it gets back to the responsibility
of the owner, and, unfortunately, from everything I have seen
there hasn't been very much responsibility taken by the owner,
and this is from a dog lover, that loves dogs, that has had to
put her own to sleep. So I hope you understand where I am coming
from tonight.
Mayor Connors: Mr. Parrott.
Council Member Parrott: I had a robbery in December, and I
wished I had something then. But, I thought about dogs too, but
the trouble of it is, if you have a dog that will protect your
property, you should have lots of insurance. I'd have a couple
of million dollars insurance because these lawsuits are pretty
high. And if we say, go ahead and let him loose back to the
community again, and if something happens, they can use us as a
precedent. Say, hey, they approved it. The City approved it,
says it is o.k. We have a certain responsibility there too. So,
I wouldn't want that liability myself. And you can run into a
lot of money. If I were you, it doesn't matter if it is a pit
bull or whether it is a german police dog, or something else, but
it has done this. They do have a reputation for being a bad dog.
Now I have a nephew that has three - they raise pit bulls too.
They are in Santa Barbara. And I won't go anyways near that yard
of theirs because they try to come through the glass window at
me, and I never done anything to him. Great big pit bull. And I
won't even go up to see them anymore. I am afraid of that dog.
Mrs. Geiser: Why do they have the pit bulls.
Page 8
Beaumont City Council
April 9, 1990
Council Member Parrott: Well, for protection. They say for
protection. But one dog, this one dog has gotten out and mauled
up other dogs. And, boy I am scared of those darn things. I
would rather have a 38 along side of me than a doggone pit bull,
I tell you.
I know it is probably a pet, but just think of your liability.
Mrs. Geiser: I understand that. I had given the police
department a statement saying that I wanted her put to sleep
because I didn't want her a victim of the society.
Council Member Parrott: Well, that doesn't mean they have to
give her an injection. There are many ways of doing that. I am
afraid of them myself. I won't go ten feet away from them. When
I was campaigning I -run into a lot of them. I had to run out to
the middle of the street, because there is a lot of pit bulls
around this town. There is a'lot of others too just as mean, I
realize that, but, boy, I wouldn't want to be in your position
for the liability. Because of the reputation that they have.
Now there is some nice ones too, I understand. I always had a
dog, all my life. But, I wouldn't want that responsibility.
That is all I have to say.
Mrs. Geiser: Is it Mr. Parrott, or Mr. Parrott.
Council Member Parrott: It doesn't make any difference, just
call me in time for dinner.
Mrs. Geiser: You have been the nicest out of all these people.
Mayor Connors: Well, let's see if I can do any better here. The
question is not whether the dog is a pit bull, to begin with.
And the question is not whether there were any petitions
presented, because that is not what we are using here as our
report tonight. You told us that Gilbert Kreiter knows Trixie.
That was not a point in your favor. The animal control officer
is not supposed to be well acquainted with your dog. He is well
acquainted with your dog because of all these incidences where he
ran into this dog.
This document here suggests that the training that you took the
dog to was obedience training. That is not law enforcement dog
training, which is a vastly different thing. And I saw nothing
in there that suggested that the dog was trained to be a law
enforcement dog.
Mrs. Geiser: It doesn't say in your laws that it had to be used
as law enforcement, drug enforcement, whatever, or anything like
that. It just says that the dog had to be used in any type of
law enforcement.
Mayor Connors: Okay, then you are saying that if you want to
sick the dog on someone breaking into your house, that would also
be enforcing the law of keeping them out of your house. I mean,
you can stretch that as far as you want, but this dog was not
trained for law enforcement work, according to what you have just
given us.
You also said that you could control Trixie, and that she never
attacked another dog in obedience class, but you were not there
during all these incidences. You were not there to control her.
And there was no one else around to control her. Like there is
in obedience class. Which is an entirely different situation.
You say that other dogs are out killing, and this one happens to
be a pit bull. What other dogs can you cite here in the City of
Beaumont that have been out killing dogs and are not being picked
up. This one was because it was pit bull. I mean. .
Mrs. Geiser: There was an incident in Cherry Valley just a while
back.
Page 9
Beaumont City Council
April 9, 1990
Mayor Connors: We are not in Cherry Valley, number one. Number
two, if you can't give us concretes, then it is hard for us to
vote in your favor, if you are just saying they do this, and you
are not showing us that they are actually doing it.
You also said that nobody knows what happened the day the dog was
shot, and I suppose you meant at the time that Tyson was shot, at
that moment.
Mrs. Geiser: Yes.
Mayor Connors: And what we have here is your word, and you were
not there, against Officer Haas, and the other person that you
said, Mr. Wallace, is not here. Do you have him here.
Mrs. Geiser: No I don't.
Mayor Connors: Do you have him here to tell us what kind of
statements Officer Haas made.
Mrs. Geiser: Do I have who.
Mayor Connors: Mr. Wallace.
Mrs. Geiser: He is in jail.
City Attorney: Mayor Connors. I don't mean to cut you off, but
I don't believe that the pointed discussion here has anything to
do with the incident with Tyson and Officer Haas. We are
basically discussing whether or not Trixie is vicious, and I
recognize the extraneous testimony, and I didn't cut off Mrs.
Geiser, but. . .
Mayor Connors: But wasn't Trixie part of that incident. Trixie
was there as part of that. . .
City Attorney: That's fine, and I think that has been
established by the Chief's report.
Mayor Connors: Because Trixie was also fired upon as I remember,
wasn't she, Chief Funston?
Chief Funston: That is correct. After this I would like some
more staff time if possible.
Mayor Connors: I went by the house, and from what I could
determine, there was a lot of foliage there, but it didn't look
like there was any fencing across the front, on either side of
the house. Am I incorrect on that. On either side of the house,
was there fences across there to keep the dog in.
Mrs. Geiser: You didn't go close enough then. Yes there is.
Yes.
Mayor Connors: Okay, I couldn't tell too well because of the
foliage. You said you have always abided by the laws of the City
of Beaumont here, but you haven't kept the dogs in custody. You
realize that is one of the laws, is to keep the dogs in custody
at all times.
Mrs. Geiser: Oh yes. I just didn't open the gate and just tell
them to go.
Mayor Connors: You tried to keep them in custody.
Mrs. Geiser: Yes I did.
Mayor Connors: Okay, thank you.
Mrs. Geiser: Anything else.
Mayor Connors: No, you may sit down. Thank you. We have two
renuests to SD•-'ak on this item. We will call Mr. Ed Gaines.
Mrs. Geiser: Do I have who.
Mayor Connors: 1r. Wallace.
Mrs. Geiser: He is in jail.
City Attorney: Mayor Connors. I don't mean to cut you off, but
I don't believe that the pointed discussion here has anything to
do with the incident with Tyson and Officer Haas. We are
basically discussing whether or not Trixie is vicious, and I
recognize the extraneous testimony, and I didn't cut off Mrs.
Geiser, but. . .
Mayor Connors: But wasn't Trixie part of that incident. Trixie
was there as part of that. . .
City Attorney: That's fine, and I think that has been
established by the Chief's report.
Mayor Connors: Because Trixie was also fired upon as I remember,
wasn't she, Chief Funston?
Chief Funston: That is correct. After this I would like some
more staff time if possible.
Mayor Connors: 1 went by the house, and from what I could
determine, there was a lot of foliage there, but it didn't look
like there was any fencing across the front, on either side of
the house. Am I incorrect on that. On either side of the house,
was there fences across there to keep the dog in.
Mrs. Geiser: You didn't go close enough then. Yes there is.
Yes.
Mayor Connors: Okay, I couldn't tell too well because of the
foliage. You said you have always abided by the laws of the City
of Beaumont here, but you haven't kept the dogs in custody. You
realize that is one of the laws, is to keep the dogs in custody
at all times.
Mrs. Geiser: Oh yes. I just didn't open the gate and just tell
them to go.
Mayor Connors: You tried to keep them in custody.
Mrs. Geiser: Yes I did.
Mayor Connors: Okay, thank you.
Mrs. Geiser: Anything else.
Mayor Connors: No, you may sit down. Thank you. We have two
requests to speak on this item. We will call Mr. Ed Gaines.
Page 10
Beaumont City Council
April 9, 1990
City Attorney: Mayor Connors. Is Mr. Geiser present and does he
wish to speak.
From the audience: I'm not Mr. Geiser.
City Attorney: Oh, okay, I was just asking, I didn't know.
Mayor Connors: Mr. Gaines.
Ed Gaines, 1113 Michigan, Beaumont: The back side portion of my
property is adjacent to the Geiser's property. I had put up a
six foot chain link fence across the back portion of their
property, at no expense to them. I put that up on my own. At
the time I was - they had Butch - and I had a very low wall about
this high that Butch kept jumping over, and they did have a chain
on Butch, but it was a lot longer than what his yard was, and he
would jump over the fence and drag the chain over my fence, and
he was probably ten feet or twelve feet into my yard on the chain
on several occasions. The fence started falling down because of
this, and so I decided to put up a chain link fence across the
back. I think the only time I ever spoke to Mrs. Geiser was when
I asked her if I could give Butch some bones. And, I think one
other time I said hello to her in the alley. Other than that I
don't think she knows who I am, and I didn't know who she was.
I have never thrown any stick at any dog. And certainly not
hers. But the dog did bite me while I was in the process of
building that fence. I did show that to the animal control
officer. I was very fortunate that at the time I was working on
the fence I had a crescent wrench in my back pocket, and I told
the animal control officer that, and the dog happened to bite
right where that crescent wrench was at. So the only portion of
the dog's teeth that hit me were the bottom teeth, and raked up
right where my pocket was, where the crescent wrench was at. I
jumped up on top of a building, a little small shed that was in
the alley there. And I hollered at them to call their dog off,
and they came out of the house screaming and hollering at the
dog, and at each other.
Then Trixie came along, and seemed to be a very pleasant dog. I
never had any problems with Trixie.
City Attorney: Pardon me Mr. Gaines. The dog doing the biting
was Butch.
Mr. Gaines: Was Butch, yes. Trixie seemed like a very pleasant
little dog and I never had any problems with her. Tyson came
along and he seemed to have the same characteristics as Butch,
looked just exactly like Butch. He would attack the fence
whenever I would walk by. Then the two, Trixie and Tyson, got
through the fence on the Ternes side and attacked their little
dog. And then they were picked up and quarantined. The next -
when they got out, the Ternes built a fence - a six foot chain
link fence at their own expense. And then also put a wood fence
along there too. The - both of those fences were at their
expense. The next thing I knew was they had - from what I
understand - attacked another dog and another person, and Tyson
was destroyed. Trixie was put back into quarantine.
The only other thing
1 would like to say is
the
fence in
the
alley is in very bad
disrepair. It is leaning
on a
angle and
has
several two by fours
trying to hold it up.
So no attempt
has
been made to secure a
dog run or anything in there.
If a dog
run
is put in I think the side yard and rear yard
setbacks ought
to
be observed. Not using my fence as part of
their
dog run,
or
Tony's fence as part
of their dog run. I think
that
is about
all
I need to say.
Mayor Connors: Okay. Mr. Parrott, would you like to ask Mr.
Gaines any questions.
Page ].1
Beaumont City Council
April 9, 1990
Council Member Parrott: Did you - after you were bitten, did you
go to the doctor. Or you just went to the animal control
officer.
Mr. Gaines: The animal control officer came to the house asking
to see the bite.
Council Member Parrott: I see.
Mr. Gaines: I took him into the house and took my pants down
and showed him what it did to me.
Council Member Parrott: Did you take a picture of that.
Mr. Gaines: No, I didn't.
Mrs. Geiser: That was ten days later.
Mr. Gaines: No, it was about two days later - one day later
maybe.
Mayor Connors: Is there anything else.
Council Member Parrott: No, that is all.
Mayor Connors: Mrs. Leja.
Council Member Leja: Was that Trixie?
Mr. Gaines: No. . .
Council Member Leja: Trixie is the one we are . . .
Mr. Gaines: Trixie is the one - the little female that is in
quarantine now. It was Butch that bit me.
Council Member Leja: Because we were talking about Trixie. Have
you ever teased the dogs.
Mr. Gaines: No I never have. I think Trixie is a very fine
little dog, but it just needed to be controlled or quarantined,
or put into a proper enclosure probably.
Council Member Leja: Do you have dogs of your own.
Mr. Gaines: I used to. I had to have mine put to sleep after
seventeen years.
Mayor Connors: Mr. McLaughlin.
Council Member McLaughlin: I was wondering, Ed, on that fence
that you talked about that is leaning, is that the only fence the
Geisers sort of have around their yard, because it seems as
though the neighbors have put up the other fences. Is this the
fence the dogs usually are jumping in and out of.
Mr. Gaines: I have no idea. It leans on an angle.
Council Member McLaughlin: Is it a wooden fence.
Mr. Gaines: It is a wooden fence.
Council Member ' IcLaughlin: It could be easily climbed.
Mr. Gaines: Yev, I think it probably could.
Council Member McLaughlin: Does it lean in the direction that
you would climb out, rather than the other way, inverted in.
Mr. Gaines: Y:s, right. It leans out towards the alley. The
Page 12
Beaumont City Council
April 9, 1990
other fence, going up to the house, I think is chain link or
wire, of some sort.
Council Member McLaughlin: They are six feet in height.
Mr. Gaines: I don't believe the one on the east side is, I think
it is only a four foot high fence. And since then they have put
some wire on top of it. Chicken wire or something.
Council Member McLaughlin: An animal like that could easily jump
a four foot fence if it got excited there is no question.
Mrs. Geiser: It. has a hot wire on it now.
Council Member McLaughlin: I guess there is nothing else Ed.
Mayor Connors: Mr. Gaines. 1 guess I am still confused about
this fence. Why were all the neighbors putting up fences if
there was a fence there.
Mr. Gaines: My fence I put up because the portion where Butch
kept jumping over just tore down completely, and I didn't want
Butch in my yard because . . .
Mayor Connors: And it just was never repaired so the neighbors
put fences up.
Mr. Gaines: Butch, on several occasions, did get loose and my
wife was washing windows, standing on a chair, and Butch kept
running around the chair, barking at her in a vicious manner.
She was afraid to even get off the chair and go in the house.
And so I didn't want Butch in my yard.
Mayor Connors: You said that you had never had any problems with
Trixie.
Mr. Gaines: None.
Mayor Connors: And you thought Trixie was a nice little dog,
that needed confinement. Thank you. Dennis Ingrao.
Dennis Ingrao, 1131 Michigan Avenue, Beaumont: I will start off
by saying I have never had problems with Trixie or any of their
dogs. I live four houses away from them. I have two elementary
school children. There is a school bus stop probably about forty
yards from their house.
My concern is not the dogs, is their ability to contain the dogs,
control the dogs, and I feel they haven't shown that ability, or
given that concern or thought or consideration to the
neighborhood. And I just feel - I hate to see the dog destroyed
- I have had dogs all my life. I have got a lab right now that
was trained by the same person she mentioned, and my lab does not
leave my yard if the gates are wide open. She will not walk out
unless I call tier. My dog is trained, and I am responsible for
her. And I don't have to continually work her. She learned.
The problem with dogs is when they are on their own. Whether it
be the female or the males. They have had a track record. They
have proven, you know, without documentation, what they can do.
My best friend had pit bulls. He lives in Cherry Valley, and I
can get a statement from him saying what his dog does. Don knows
the man too. The dog has been trained. I have known the dog
since it was a pup. One day it came at me for no reason at all.
It scared the hell out of me. I didn't know what was going on.
All of a sudden here he is. Luckily there was a fence between
the two of us. The dog has attacked both him and his son. And
this is a responsible individual. He has that dog behind a fence
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Beaumont City Council
April 9, 1990
that the dog cannot get out of. He will not let anybody go near
that dog when they come up to their house. He has shown a
responsibility. He hasn't destroyed the dog. One more bite, the
dog is gone. He loves that dog so much, he has put up with it to
this point.
It is a pit bull, and I agree with the Councilwoman here, where
something snaps, or something is triggered. There is some
excitement that is generated that cause these dogs to react this
way. It is not like a lab or something, that is a very gentle
dog all the time. I mean I could stick my head up to my lab's
mouth - .face - and it is not going to bite ve. It is going to
lick me. Any kid can walk in that the dog doesn't know, and it
is going to do the same thing. There is something that excites
that type of animal when it is not being observed by the owner,
or controlled by the owner, that lets it go. And when it
happens, it is too late. We don't need this again in our
neighborhood.
If they can adequately prove to the Council, to the City, to
the police, that this dog can be confined, and not come out,
fine, let her keep the dog. I don't want the dog destroyed.
But, they haven't shown it and nothing has been upgraded. The
fence is worse than Mr. Gaines described it. Drive by it, you
will be amazed. It leans like this, and it is wood, and it is
leaning to the west. The winds blow from the east. It is not
going to be many more years that that fence is going to fall down
on its own.
I am concerned for my children. I have not been affected by this
dog. And I don't want it destroyed if it doesn't have to be, but
I would like to see some proof that it is not going to happen
again. Solid proof. That's it.
Mayor Connors: Okay, for questions we will start with Mrs. Leja.
Council Member Leja: No questions.
Mayor Connors: Mr. Parrott.
Council Member Parrott: No questions.
Mayor Connors: Mr. McLaughlin.
Council Member McLaughlin: No, I have to agree with him. No
questions.
Mayor Connors: Are you familiar with the ordinance that was
passed recently, that requires certain requirements to confine
the dogs before the dog is allowed to be kept.
Mr. Ingrao: What I read in the paper is all I am familiar with.
I didn't read the ordinance itself.
Mayor Connors: In other words, the dog would not be released
back to a backyard with a leaning fence where he could get out
anyway. The dog would not be released to her with a leaning
fence where the dog could get out. That would not be the case.
Mr. Ingrao: Like I said, I have no objection to the - I don't
want the dog put to sleep. I hate to see anything put to sleep.
You know, it is a pet and she loves it. She obviously loves it
or she wouldn't be here fighting for it. And she wouldn't be
putting up with all this if she has, because she loves that
animal. But, you know, I don't think they want to take the
responsibility of that animal. I mean when they are there, it is
fine. But when they are at work, it is like my kids. I have got
an eight year old and an eleven year old. I don't give them free
rein. You know, when I am not there, grandma is watching them or
somebody is keeping tabs on them. They are not responsible, like
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Beaumont City Council
April 9, 1990
an animal is not responsible, you know, when they are on their
own. I just, you know, if something could be done to - probably
it would have to be an enclosed run because, as she stated, the
dog can climb. So, if you have a six foot fence it is still
going to climb. It is going to have that ability, it is used to
climbing now. Some dogs are jumpers, some dogs have the ability
to jump over a ten foot fence, but they never would. If you had
a four foot fence they wouldn't jump. So it would probably have
to be an enclosed run, with a top on it. Now I have no objection
to that. At least I would feel safe in my neighborhood. But I
don't, I don't think we are going to see that. And I don't think
an electric wire is going to stop that dog.
Mayor Connors: Okay. Thank you. Is there anyone else wishing
to speak during this public hearing, on this subject. Is there
anyone else wishing to speak. Did you want to speak. Would you
come forward and give your name and address for the record
please.
Marlene Rios, 1050 Chestnut: On the morning this happened the
dogs in the whole neighborhood were barking. And I went out back
to see what it was. And two dogs were pulling another dog apart.
It is what it looked like. The little dog, his face was going to
the east, his tail was going to the west. And a pit bull on each
side, but I didn't know they were pit bulls. I didn't know they
were Sally's dogs. I have known Sally and her mother for years.
I like them. Even if I had of known they were her dogs I
probably would have called the police anyway, I had to. That
little dog was crying, and I thought he was being killed. He was
being pulled from both sides. As it turned out later, the owner
explained to me that the dog had a lot of fur, like wool on a
sheep, and I guess they were just pulling on the fur. Because he
said his dog wasn't hurt that bad, but he was limping when I saw
him.
But, at any rate, I did run to the fence and told them to quit
it. Of course they paid no mind, and I ran back in the house and
called 911. And they said they would be right there. Because I
told them a couple of dogs were killing a little dog. That is
what it looked like. So, then I ran back out, and by that time -
I don't know what happened while I was in the house - but what I
did see when I came out, they were attacking the man that owned
the little dog. And he had a long branch off of a tree that was
forked out, and he was just holding them off. Just going like
that, holding them off. And they were at him, and they kept
going at him and at him and at him. And, so I would holler at
them and he would holler at them, to stop and they wouldn't.
And then they came over to my fence and jumped on my fence trying
to get at me, you know, just jumping and barking and jumping and
barking, and they - one at least - I cannot say about Trixie, but
the other one had blood dripping out of his mouth. And I asked -
I didn't go over and see the man that day. The next day I went
around to see how his dog was, and I said about the blood. You
know, he said it had that fur and his dog wasn't tore into I
guess. And, he said that blood did not come from his dog. And
it didn't come from him, because the dogs didn't - as far as I
know - did not bite him. But, the blood came from somewhere, and
it was the big one, the one that got shot had blood - and they
were running crazy, crazy, crazy, up and down the alley. Real
crazy. I don't know why.
So the police came and drove through the alley. I can't tell you
exactly where the dogs were at that time. They had run down at
one point, and came back, and so, at one point, the officer told
me to get in the house. And I did. And I heard a shot. I
didn't see the dog killed, no. But I do know they were frenzied.
They were frenzied. That is what I would describe it. And I
don't know why, but the man was, as far as I am concerned, he was
defending himself for his life. That is about all I can say.
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Beaumont City Council
April 9, 1990
Mayor Connors: Mr. McLaughlin, do you have any questions.
Council Member McLaughlin: No, 1 don't think so.
Mayor Connors: Mrs. Leja.
Council Member Leja: No.
Mayor Connors: Mr. Parrott.
Council Member Parrott: No.
Mrs. Rios: There is one thing I can add. My son -in -law moved
into my house with the father of not my dog, personally, but I
keep the dog. And when they got loose, they acted crazy. Maybe
because they are related. And one time they had a fight right
inside my own house and knocked out my front window. Maybe it
has something to do with them being related, and maybe Trixie,
without any relations around might never ever be vicious again.
I don't know enough about dogs to know that. It did seem that
the big dog, the one they called Tyson, that he was the one that
was - Trixie was kind of following him, and he was running amuck,
up and down, and she was along. So I don't know. That is all 1
can say is what I saw.
But I did want to say that I think if I was a police officer 1
would have fired too. Because of the bus stop there for little
children, and there is another bus that stops right across the
street, doesn't even go to that bus stop, there is a bus that my
son -in -law's little brother used to get off of at 2:30 every day.
Right across the street from Christina Ternes' house on the
corner, and the little guy would walk, and a little girl walked,
down to the corner, turns down Chestnut. She used to, I don't
know if she still does. But he used to when I babysat him. And
I mean, it is the children we all ought to be concerned about.
More than an animal, as far as I am concerned. If they tell me
to put my dog to sleep, I would do it. I don't think, I mean, I
feel sorry for dogs. They ought, if it was me I would take all
big dogs out to ranches. I wish I could. I haven't even
complied with what the dogcatcher told me to do. I would like
to.
Mayor Connors: Mr. Ryskamp, did you want to say something.
City Attorney: I have a couple of questions. The incident you
were describing would have happened on February 21st. Sometime
in February,.
Mrs. Rios: I don't know. I don't remember.
Mayor Connors: It was the second incident wasn't it. The second
one.
Mrs. Rios: It was the one in the alley where Tyson was shot.
City Attorney: Okay. That was when he was shot. Okay. That
would have been according to Chief Funston's report. The 21st of
February. And did I understand you that you definitely saw
Trixie biting at or attacking the little dog. It was not just
Tyson, but . .
Mrs. Rios: When I went out they both
City Attorney: Okay.
Mrs. Rios: . . .they both had a hold of the dog. The dog was up
in the air. He was not on the ground.
City Attorney: And you, likewise, did see in the alleyway,
Trixie, as well as Tyson, but Trixie in this case, because that
is the dog w� are concerned with, attacking at the man.
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Beaumont City Council
April 9, 1990
Mrs. Rios: Yes.
City Attorney: And Trixie did jump at the fence that you were
behind trying to call off so she wouldn't attack the man.
Mrs. Rios: Yes.
City Attorney: Thank you. I just wanted to make that clear.
Mayor Connors: Thank you. We appreciated that. Is there anyone
else wishing to speak.
Mrs. Geiser: I just want to say one more thing.
Mayor Connors: Is that all right with the Council. You will
have to come to the microphone to do it Mrs. Geiser.
Mrs. Geiser: have thought a lot about keeping Trixie alive,
and I have thought about putting her to sleep. I have thought
about the citizens of Beaumont, and the little kids that
everybody is really concerned with. But I will put her to sleep
willingly, so that there won't be any other decisions that have
to be made. I will put her to sleep. I don't want anymore
hassles with Beaumont PD, animal control or any type of civil
suits.
Mayor Connors: I will have to ask a question about that of Mr.
Ryskamp or Mr. Bounds. Previously, Mrs. Geiser had agreed to
have the animal put to sleep, and then did not sign the papers,
and now we have had the hearing. What happens if we don't do
anything, and she doesn't do it. Do we get another hearing, or
what do we do.
City Manager: Mrs. Geiser understands this is the hearing that
has been called. If she should sign an agreement to have the
animal destroyed by the City tonight, she is relinquishing all
rights then.
Mrs. Geiser: I thought that was going to happen the day I gave
Gilber Kreiter's assistant the okay to put her to sleep. But he
told me he had to wait until he talked the attorney. That was
seven days later.
City Manager: I can tell you why - you also put stipulations
that we could not tell the paper. We can't do things like that.
The paper has the right to know what happens. You also made some
comments having to do with the officer and things like that. And
we didn't feel that was a proper release of the dog. To try to
get everything back that you wanted, which we were not allowed to
do. So we had to say we cannot take Trixie under your
conditions, and tell the newspaper we don't know what happened.
That makes us look a little foolish because we know better. But
that is the rea3on we couldn't that time.
Mrs. Geiser: But all I wanted was an explanation from someone,
but no one would give it to me. I mean that was two weeks after
the incident, or maybe even less. I don't - I am sure somebody
has a copy of the letter.
City Manager: Yes, we do.
Mrs. Geiser: What date was that.
City Manager: I think you left this at the station .
Mrs. Geiser: It. was on a Sunday morning.
City Manager: You left it at the station. (At this time the
City Manager attempts to locate the letter in question, with the
Council commenting they did not receive a copy of the letter, and
Chief Funston indicating he has a copy of the .letter with his
Page 17
Beaumont City Council
April 9, 1990
file.) There was absolutely no way, and I understood that this
had been explained to you. That we couldn't. . . .
Mrs. Geiser: No. No one - Officer Kreiter said that he couldn't
give me any explanation.
City Manager: Well, that was before he talked to me. That he
said that. Because I . . .
Mrs. Geiser: Well, I contacted him - I have phone bills that
prove that I called him practically every day wondering when they
were going to do this.
Mayor Connors: You said no one would give you an explanation.
Did you ask someone other than Mr. Kreiter.
Mrs. Geiser: He told me he would find out from Attorney Ryskamp
and have him call - no one called.
Mayor Connors: But he was the only one you talked to.
Mrs. Geiser: Every time I went to the police department, Chief
Funston was never around.
City Manager: Was that usually after you came home from work.
Mrs. Geiser: No. Some days I took off work. I believe that day
you saw me in here.
City Manager: Yes. On this you also indicated that you wanted
us to call you on Monday morning in case you changed your mind,
and you did. And. . .
Mrs. Geiser: And 1 still gave him the okay.
City Manager: This information may not be released to the Press
Enterprise or Gazette or any other form of public information per
my request, and if done so. . .
Mrs. Geiser: Well that can be a request.
City Manager: I am sorry, it cannot be a request. On an animal
that has been through all that this animal has done, we can't
just fall out of sight all of a sudden and the City say, I don't
know. Would that be responsible for us to say that.
Mrs. Geiser: I think it would.
City Manager: I don't believe it would.
Mayor Connors: But the newspaper wouldn't.
City Manager: There is no . . .
Mrs. Geiser: You know what kind of news the press does, because
they were criticized for the convicted killer of those two boys .
Mayor Connors: Well, that, of course, is irrelevant to this, but
Mrs. Geiser: But, still, you know. . .
City Manager: But they still have rights.
Mrs. Geiser: But still, you know, don't you think, I mean, how
many weeks, continuous weeks, did we have this in the paper.
Over and over and over again.
City Manager: We didn't put it in the paper. The press put it
in the newspaper, which they have a right to do.
Page 18
Beaumont City Council
April 9, 1990
Mrs. Geiser: flight. But you don't think that is kind of -
that could give me a lot of mental anguish, you know.
City Manager: Well, I am sure it could, but we don't have that
right, and that is why I said we could not take Trixie under
these conditions. We don't have the right to make a closed case
out of it, and all of a sudden Trixie falls out of existence.
That is not allowed. It is not allowed in the City - in the laws
that we are governed by.
Mrs. Geiser: And under what code is that under. That they can't
do that.
City Manager: Well, everything is open in the City that you do
that is public record. And the public record on Trixie is long.
So you can't just all of a sudden stop the record on Trixie and
say we don't know what happened. First of all, I don't want .
Mrs. Geiser: But then my mental anguish, I can go back on you
and say, you know, for all these things that have happened . . .
City Manager: We didn't create the laws. The State of
California creates the laws the City has to abide by. And part
of that is to open . . .
Mrs. Geiser: So who do I have to give that to. The Press
Enterprise.
City Manager: Yes, you can ask the press anything you want to.
We have no control . . .
Mrs. Geiser: Tell them not to publish - to
City Manager: Sure, you can ask them anything you want to ask
them. But we can't say we won't let them know anything. And
obviously we are in an open hearing tonight. There is no way
that any of the press can be stopped from printing anything they
want to. They are liable for what they print, and that is all.
Steve Fetbrandt, Press Enterprise: Perhaps you should know the
press is here.
City Manager: She knows the press is here.
Mrs. Geiser: I didn't know they were there.
City Manager: There is absolutely no way, though, that we can
make any request like that of the press, even as a request. And
if they disobeyed the request, because there would be no reason
that they would have to say, okay we will agree to that. It is a
story that has been widely printed in the press. Whether it is
something that you like, or we like, it is there and they have a
right to report it. So I couldn't be the one to close the book
on it and say, no I just won't answer any more questions.
While we are discussing that, I can assure you the City does not
turn animals that have been killed, in whatever manner, over to
any dog meat company. I can assure you of that.
Mrs. Geiser: What do they do with them.
City Manager: Bury them.
Mrs. Geiser: Gilbert Kreiter didn't even know what happened to
them.
City Manager: I am sorry he didn't know that. He doesn't need
to know everything.
Page 19
Beaumont City Council
April 9, 1990
Mrs. Geiser: Well, you would think the dogcatcher, in charge of
City Manager: Fie doesn't do the burying. . .
Mrs. Geiser: I would think that would be part of his job to
know.
City Manager: Well, it is not.
Mrs. Geiser: Just the City Manager knows.
City Manager: I can tell you what has happened since I have been
here five years, and it has not happened.
Mrs. Geiser: Then where are they buried.
City Manager: I don't believe that should be discussed. I can
discuss it with you privately. And it can be turned over to you,
and you can take the dog and bury it. Or you can take the dog to
have it cremated if that is your desire. It will not be in a pet
cemetery. It will not be taken to a pet cemetery that you could
visit. We could turn the dog over to you. If you determine that
you would like us to have us destroy the dog, then we would have
the right to turn the dog back over, after the destruction, to
you for proper burial or whatever you want to do.
Mrs. Geiser: Arid Tyson, is he still in the freezer.
City Manager: ] am not sure.
Chief Funston: Yes.
Mrs. Geiser: So both of them can be. . .
City Manager: My understanding, and I will have to do some
checking, I think Tyson, we would have to know that you would
agree to no civil suit so that we have to have the dog.
Mrs. Geiser: No, I will not do that.
City Manager: Then you can't have Tyson.
Mrs. Geiser: Then you can have Tyson, and Trixie will be -
I don't want her sent to a dog factory to be turned into dog
food. That is all I can say.
City Manager: I can assure you that if you would prefer to know
where she goes, then, yes. . .
Mrs. Geiser: Okay, so what did you want me to sign.
City Attorney: Do you have a form of release that you use Chief.
Chief Funston: We have no form. Just anything that the lady
would like to write, I have the paper here. There is no release
form. There was an emergency ordinance. We haven't had time to
respond with our printed forms yet.
At this point in time the City attorney prepared an agreement and
release for Mrs. Geiser's signature, with discussion concerning
what would be contained in the agreement and release, and
discussion between Mrs. Geiser and the City Manager concerning
when the dog would be destroyed.
The City Attorney asked Mrs. Geiser if she had counsel present,
with Mrs. Geiser responding she did not.
At this time Mrn. Geiser read the agreement and release prepared
by the City Attorney, signing same.
Page 20
5.
Beaumont City Council
April 9, 1990
The public hearing was closed at 8:27 P.M.
The City Attorney requested that for the benefit of the public it
should be pointed out that if there are other vicious dogs, and
it comes before the Council again, that there were options
available to the Council. This was not strictly a hearing to
destroy and not to destroy. One option that was possible was the
ordinance specifically spells out the type of confinement that
can be used for a dog that has been deemed vicious by the Chief
of Police, with the Council following up with this type of
hearing. It would have been possible to have ordered, under the
facts, a dog kennel constructed as a condition for receiving the
dog back. It specifically requires that it be a covered kennel.
He thought it was important to be aware that in the future that
is an option, and he felt sure Mrs. Geiser was aware, since she
has a copy of the ordinance, of the fact that could have been the
decision.
Since Mrs. Geiser signed the agreement and release, no further
action was required of the Council.
The meeting was recessed at 8:30 P.M., reconvening at 8:38 P.M.
Request from Pass Area District, Boy Scouts of America, for
Waiver of Facility Fees.
The City Manager indicated that Mr. Ray Strebe has filed an
application with the City for use of the pavilion by the Scout -
a -Rama, and has asked that the facility fees be waived. This
request is being presented to the Council since the City Manager
has no authority to waive the fees for any group.
Mr. Ray Strebe, 666 W. Gilman, Banning, speaking on behalf of
Pass Area scouting, indicated this is an annual event, rotating
between Banning and Beaumont, and is a show and tell type event
for all scouts, and is open to the public.
Mayor Connors requested the following statement be typed verbatim
in the minutes:
Mayor Connors: "On February 26 Mr. Bauer was here, Mrs. Leja was
not, the A.A.R.P. organization came to us and asked for a fee
waiver. And at that time I was the only one to vote against it.
And Mr. Bauer read a prepared statement telling us that A.A.R.P.
was a very good organization, with which I certainly agree. And
so are the Boy Scouts. I think Mr. Strebe is aware that I am
living with a Boy Scout. My husband has been a scouter for over
twenty years. But sometime ago we had a problem where everyone
carne to us for fee waivers, and we ended up without any fees.
And each person felt that since the other person had had their
fee waived, this person should also have their fee waived, and we
had different fees for different groups, in different amounts.
And on February 26, when I spoke in opposition, I pointed this
out, and I also said that when you say that A.A.R.P. is not just
another organization, you are going to have - the Boy Scouts will
come forward and say if we are putting our support behind
seniors, and giving them a break, we should also put our support
behind youth, and give them a break. That is exactly what I said
on that date.
Then the Girl `scouts will come, since you are supporting the Boy
Scouts, and you will need to support the Girl Scouts, and this is
exactly what is happening. And the City, unfortunately, is not a
charity, and it has to be run in a more businesslike manner. And
I am pleading again that we do not waive fees for everyone who
wants their fee waived. Even though they are all good
organizations.
Page 21
Beaumont City Council
April 9, 1990
And I pointed that out to Mr. Strebe because I know that he
realizes that I have nothing against Boy Scouts or I can't go
home tonight. So it has nothing to do with Boy Scouts or
A . A . R . P . It is a matter of whether we should waive fees or
charge fees. If we are not going to charge fees, then we
shouldn't have any. But I don't think you want to try to get
along without them financially.
And before anyone spoke and was already committed I wanted to say
something first, just in case it would help, because it is very
important to me."
Council Member McLaughlin felt the City should charge only the
key and cleaning deposits.
Answering questions from Council Member Leja, the City Manager
advised the fee covers maintenance of the pavilion as well as the
electrical power used, among other things, and that there is no
distinction between profit and non - profit organizations in the
current fee structure.
Additional discussion continued regarding the pros and cons of
waiving the fees and the problems which could be experienced
in attempting to waive fees for various groups.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to deny the request from Pass Area District, Boy Scouts
of America, for waiver of facility fees.
AYES: Council Member McLaughlin, Parrott and Mayor Connors.
NOES: None.
ABSTAIN: Council Member Leja.
ABSENT: Council Member Bauer.
6. Consideration of Bids Received for Purchase of Three (3) 17-
Passenger Buses. (Continued from March 26, 1990).
The City Manager reported the bids received were still
incomplete, anO recommended continuing the agenda item once
again.
It was the consensus of the Council to continue this agenda
item to the nex`: regular meeting.
7. RESOLUTION NO. 1990 -14 - Finding, Determining, Declaring and
Certifying that the Review and Amendment of Spheres of Influence
for City of Beaumont and Beaumont - Cherry Valley Water District is
not a Project Subject to Compliance with the California
Environmental Quality Act, and Authorizing Filing of Notice of
Exemption.
A report was received from the City Manager, a copy of which is a
matter of record in the Clerk's file.
Barbara Voight, 38537 Orchard, Cherry Valley, representing the
Cherry Valley Acres and Neighbors, addressed the Council stating
she felt this would be the first step in an action that would
have a potential for resulting in a physical change ultimately.
One of her main concerns was that some of the area involved in
the possible changes fall within the Cherry Valley Community
Policy Area, and she wanted it a matter of record that they are
concerned about the Policy Area being involved within the area of
the changes.
The City Manager pointed out the sphere of influence line goes
along Brookside from Highland Springs Road to Beaumont, then goes
south on Beaumont to Cougar Way, then west on Cougar Way. He
stated further there is nothing east of I -10 that is north of
Cougar Way, west: of Beaumont Avenue, and there is nothing within
these proposed changes which falls within the Cherry Valley
Page 22
Beaumont City Council
April 9, 1990
Community Policy Area, and if he found there was any of the
Policy area within the changes, he would let Mrs. Voight know.
The City Manager asked it be noted for the record that the
objection is taken on the basis that what Mrs. Voight is saying
is the Arce property and the Olinger property west of Beaumont
Avenue and north of Cougar Way, between Cougar Way and Brookside,
are considered in as of tonight's meeting.
,.There There was no dil3cussl.on from the Council.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to adopt Resolution No. 1990 -14.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
;.NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer.
fl RESOLUTION NO. 1990 -15 - Authorizing Submittal of Application to
Riverside Count Local Agency Formation Commission for Review and
Amendment of Spheres of Influence for City of Beaumont and
Beaumont -- Cherry Valley Water District.
The City Manager presented a verbal report concerning submittal
of this application to the Local Agency Formation Commission.
This report is documented on the tape of this meeting and is
available to anyone wishing to listen to his comments.
There was no discussion or comments from the City Council.
Motion by Council Member McLaughlin, second by Council Member
Leja, to adopt Resolution 1990 -15.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer.
RESOLUTION NO. 1990 -16 - Setting Fees and Procedures for
Truckload Dumping of Septic Tank and Cesspool Pumpings at the
Wastewater Treatment Plant, and Rescinding Resolution No. 1989-
20.
The City Manager presented his report, indicating the only change
in these fees is the increase from $45.00 to $55.00, and the
increase would become effective on and after May 1, 1990, if it
is approved by the City Council.
There were no comments or questions from the Council.
Motion by Council Member Parrott, second by Council Member
McLaughlin, to adopt Resolution No. 1990 -16.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer.
10. Receive Report from City Attorney Concerning Status of Amendment
to Sign Ordinance.
A verbal report was received from the City Attorney in which he
advised there is currently being circulated at staff level a
proposal reflecting the requests of the Council concerning the
abatement procedures and attrition in the sign ordinance. The
process has also been initiated to review the entire sign
ordinance. He pointed out no action could be taken until the
next Planning Commission meeting, which is May 15, due to the
Page 23
Beaumont City Council
April 9, 1990
fact that anytime Title 17 is amended, specifically relating to
signs and billboards, the Code requires it first be submitted to
the Planning Commission before it is brought to the City Council.
He stated further he is preparing a legal opinion concerning, the
issues which will confront the Council as they look at not only
this amendment, but the entire issue of sign control and the
revision of the sign ordinance, and this should be submitted to
them by the next Council meeting.
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 Joint Meeting with Beaumont
Unified School District Board of Trustees of March 19, 1990,
and Regular Council Meeting of March 26, 1990.
b.
Approval
of Warrants
as Audited per Warrant List of
April 9,
1990, in the
amount of $271,016.18, and Payroll of
March 29,
1990, in the
amount of $59,591.54.
,c.
Authorize
City Manager
to Purchase One Public Works Pick -up.
d.
Report of
Planning Commission
Action at Regular Meeting of
April 3,
1990.
Motion by Council Member Parrott, second by Council Member
McLaughlin, to adopt the Consent Calendar.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer.
Date Set for Special Joint Council Meeting with Banning City Council,
Tuesday, April 17, 1990, at 7:00 P.M., at the Banning Community
Center, 789 N. San Gn:rgonio, Banning.
Date Set for Next Regular Council Meeting, Monday, April 23, 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 McLaughlin, the meeting was adjourned at 9:25 P.M.
Respectfully submitted,
City Clerk
Page 24
BEAUMONT CITY COUNCIL
MINUTES OF
APRIL 23, 1990
The Beaumont City Council met in a regular meeting at 7:00 P.M., on
Monday, April 23, 1990, in the City Council Chambers, with Mayor
Connors presiding.
On roll call the following Council Members were present: Bauer,
McLaughlin, Parrott and Mayor Connors. Council Member Leja was
excused.
The Invocation was given by Mayor Connors, who then led the Pledge
of Allegiance to the Flag.
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: Consideration of Bids Received for Purchase of Three (3) 17-
Passenger Buses. (Continued from April 9, 1990).
The City Manager reported that after thorough review of the
three bids submitted, and several attempts to obtain
additional information from the companies submitting bids, it
is recommended that all bids be rejected, and authorization
<59 be given to request new bids to include a more detailed set
of specifications.
There were no comments or questions from the Council.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to reject all bids and authorize the City Manager to
issue a new invitation to bid with more detailed
specifications.
AYES: Council Member Bauer, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Leja.
/_. 511y' RESOLUTION NO. 1990 -17 - Adopting Preliminary Plat Showing
-t' Proposed Parcels to be Included Within a Proposed Community
Facilities District.
The City Manager presented his report which outlined the
highlights of the resolution as follows:
1. Approves preliminary plat showing proposed parcels to
be included in the Community Facilities District.
2. Requests County Registrar of Voters certification as to
number of registered voters within the District.
3. Authorizes commencement of negotiations with County for
joint agreement.
This report, as well as a copy of the preliminary plat, is a
matter of record in the Clerk's file.
Page 1
Beaumont City Council
April 23, 1990
There were no questions or comments from the Council.
Motion by Council Member Parrott, second by Council Member
Bauer, to adopt Resolution No. 1990 -17.
AYES: Council Member Bauer, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Leja.
6,: RESOLUTION NO. 1990 -18 - Authorizing an Application to the
California Debt Limit Allocation Committee and to Permit the
Issuance of Mortgage Credit Certificates in Lieu of Qualified
Mortgage Bonds.
The City Manager gave background information on this mortgage
credit certificate program, indicating the City has
participated in the past, with one MCC issued in Beaumont.
totaling $20,405.60 this last year. He recommended the City
enter into this cooperative agreement with the County of
Riverside by adoption of Resolution 1990 -18.
All Council Members agreed this appeared to be a very good
f; program, and the City would benefit from entering into this
agreement.
Motion by Council Member McLaughlin, second by Council Member
Bauer, to adopt Resolution No. 1990 -18.
AYES: Council Member Bauer, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Leja.
7. Consider Approval of Five Year Measure A Local Streets and Roads
Program for FY 1991 -1995, and Authorize Submittal to Riverside
County Transportation Commission.
The City Manager submitted his report relative to the City's
proposed Measure A Local Streets and Roads Program for Fiscal
Year 1991 through 1995, drawing attention to the fact the
Measure A funds are from the one - quarter cent sales tax increase
voted in by Riverside County voters last year.
He recommended the 1991 funding be used to install a traffic
signal at the intersection of 6th Street and Pennsylvania
Avenue, as these stop signs are run more frequently by
motorists than any other intersection in the City, and as such
presents a major traffic hazard.
He further recommended the 1992 -1995 funding be used for a
full overlay on Beaumont Avenue, 6th Street and Orange Avenue,
with a possible full reconstruction of 6th Street. By use of
these funds, the gas tax funds received by the City could then
be used for improvements on other streets in the City.
Answering a question from Council Member McLaughlin, Mr.
Bounds stated the work on 6th Street could be completed within
six -eight months after receipt of the funding. So far as the
traffic signal is concerned, the City could advance part of
the funding from the monies collected for signalization, based
on receiving authorization from RCTC to do this, so the
project could be completed as soon as possible.
Both Council Members Bauer and Parrott indicated they were
very much in favor of the traffic signal project, with Mayor
Connors stating she is happy with the entire program as
presented.
Page 2
Beaumont City Council.
April 23, 1990
Motion by Council Member McLaughlin, second by Council Member
Bauer, to adopt Resolution No. 1990 -18.
AYES: Council Member Bauer, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Leja.
8. Consider Endorsement of Propositions 108 and 111.
The City Manager presented the request from the Committee on Yes
on Propositions 108 and 111 asking for consideration of Council
endorsement of the propositions.
Mayor Connors opened the floor for discussion, with Council
Member Bauer commenting he felt the Gann limit is something that
was poorly constructed, and has seriously hampered the State,
but he has mixed emotions about these bills feeling there is
room for improvement.
Council Member Parrott stated it appeared to him these bills are
too ambiguous and too loose, and don't get to the heart of the
matter. As a result he would not be in favor of endorsement.
Council Member McLaughlin felt the roads do need improvement,
with a lack of money available, and since we will probably never
get a perfect proposition written, he is in favor of endorsing
these propositions.
Mayor Connors indicated she agreed with most of what has been
said, but was not in favor of endorsing propositions she has not
read. She would prefer to read the propositions before making
a decision whether to endorse or not. As a result, she was not
in favor of endorsing these propositions at this time.
Motion by Council Member Bauer, second by Council Member Parrott
to decline endorsement of Propositions 108 and 111 at this time.
AYES: Council Member Bauer, Parrott and Mayor Connors.
NOES: Council Member McLaughlin.
ABSTAIN: None.
ABSENT: Council Member Leja.
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 April 9,
1990.
b. Approval of Warrants as Audited per Warrant List of
April 23, 1990, in the amount of $265,045.63, and Payroll of
April 12, 1990, in the amount of $56,152.02.
Motion by Council Member McLaughlin, second by Council Member
Bauer, to adopt the Consent Calendar.
AYES: Council Member Bauer, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Leja.
10. Recess to Closed Session Pursuant to Government Code Section
54956.9(a), To Confer with Its Attorney Regarding Pending
Page 3
Beaumont City Council
April 23, 1990
Litigation which has been Initiated Formally and to Which the
City is a Party. The title of the litigation is City of
Beaumont vs Bowie, et al., Riverside Superior Court Case No.
200647.
The meeting was recessed to closed session at 7:29 P.M.
The meeting was reconvened to regular session at 7:55 P.M.
Let the record show no action was taken in closed session.
Date Set for Next Regular Meeting, Monday, May 14, 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
7:56 P.M.
Respectfully submitted,
City Clerk
Page 4
MINUTES
ADJOURNED JOINT MEETING
BANNING CITY COUNCIL /BEAUMONT CITY COUNCIL
BANNING, CALIFORNIA
The City Councils of the Cities of Banning and Beaumont met in an
Adjourned Joint Meeting on Tuesday, April 17, 1990, at 7:00 p.m.,
in the Senior Citizens Center, 769 No. San Gorgonio, Banning, CA.,
with Mayor Sheldon and Mayor Connors presiding.
COUNCIL PRESENT: Councilmember Higgins
Councilmember Hanson
Councilmember Holbert
Councilmember Williams
Mayor Sheldon
COUNCIL ABSENT: None
COUNCIL PRESENT: Councilmember McLaughlin
(Beaumont) Councilmember Parrott
Mayor Connors
COUNCIL ABSENT: Councilmember Bauer
Councilmember Leja
OTHERS PRESENT: Raymond Schweitzer, City Manager
Bob Bounds, City Manager /City Clerk
(Beaumont)
Roger Derda, Dir. Community Develop.
Steve Koulef, Dir. Community Develop.
(Beaumont)
Russ Cross, Police Chief
John Funston, Police Chief (Beaumont)
Lucille M. Elizondo, City Clerk
Mayor Sheldon called the meeting to order welcoming everyone to their
second Joint Meeting. Mr. Bounds, as City Clerk of Beaumont, read
the Affidavit of Posting of the Agenda and gave the location where
they were posted.
The roll call for the City of Banning was taken by City Clerk Elizondo;
roll call for the City of Beaumont was taken by City Clerk Bounds.
ANNOUNCEMENTS /PUBLIC COMMENTS
There were none.
For the benefit of the audience, Mayor Sheldon read the items on
the Agenda.
DISCUSSION ITEMS
1. Pass Drug War
A. Presentation of Community Action Plan Against Drugs
Dave Long
Dave Long, Superintendent Banning Unified School District, addressed
the meeting regarding the outline of the Community Action Plan
Workshop. The first Objective is to develop an awareness of substance
abuse prevention and related areas. Mr. Long explained that other
things they talk about when they get into substance abuse prevention
will be related to the community such as graffiti, gangs and gang
related activity; (2) To develop an action plan for each
community /school district involved in the workshop; Mr. Long said
this is a wonderful opportunity to sit down together and get an action
plan on who is responsible, cost, etc.; (3) To develop a cohesive
network of community members through cooperative decision - making.
Mr. Long said going through this Action Plan and being together in
the residential training a communication network will be developed.
Mr. Long said the workshop will begin July B, 1990, (3:00 p.m.)
through July 11, 1990, at the Marquis Hotel, Palm Springs. He said
they purposely set the meeting in Palm Springs in the heat of the
Page 1
adj.jt.mt.- 4/17/90
summer in order that people will not view it as a vacation. Mr.
Long said the average length of the day will be 12, 13 hours. As
to Who should attend this workshop, it is recommended that all entities
of the community be represented, such as parents, teachers, City
officials, interested community members, school administrators, etc.
Mr. Long said this is Residential Training and they are asking that
people stay at the Hotel, and not leave in the evening to drive home.
He said the meetings could go as late as 10:00 or 11:00 p.m. As
to the Cost, the Riverside County Office of Education has agreed
to put $5,000 towards this project. He said it is now $275 per person
which includes 3 nights of lodging, 9 meals and registration fees,
and to help pay for the speakers.
Mr. Long said he expects there will be a minimum of 50 to 60 people
from this community. Mr. Long said Chief Cross and himself will
start going to various organizations and inviting them to send
representatives, along with members of the public. Mayor Connors
asked if there would be an expert at the workshop on developing these
plans. Mr. Long said there would be several speakers, from the
Department of Education, Substance Abuse Division and from different
areas of the United States. Mr. Long explained each group will
have a facilitator.
Mayor Sheldon said if Beaumont or any other school district wished
to participate they would be welcome and could form their own community
action plan. Mr. Long said it is important that each community has
the opportunity to set up their own action plan. He said the
communities would be in informational sessions together but when
the teamwork starts, it will be broken down into the specific areas.
He asked if there is interest in attending to let him know as soon
as possible.
B. Status Report on PASSNET Operation
Verbal Report by Chief Russ Cross and Chief John Funston
Chief Cross addressed this item stating he would like to commend
both City Councils of Banning and Beaumont for coming together on
the drug problem in the Pass Area. Chief Cross went through a list
which had been distributed dated April 12, 1990. He stated how many
arrests had been made for unlawful possession of cocaine, sale of
cocaine, marijuana, weapons violations, etc. Chief Cross also
mentioned that there were 11 miscellaneous warrant violations which
were all drug related arrests. To this date the PASSNET officers
have served 14 search warrants; due to the possibility of armed
suspects the Banning Police Dept. Metro Team was utilized on 5 of
the warrants for entry purposes.
Chief Funston addressed the meeting saying he has informational sheets
that have come into the PASSNET team, that the newspapers published
this request form to the public for information on drug dealings
which are kept confidential. He said what they assimulated from
this, We -Tip and calls to the station, in the past couple weeks there
were 76 locations in the Pass Area of drug dealings.
Mayor Sheldon said Banning City Council voted on an additional PASSNET
officer who is coming aboard June 1st.
Chief Funston pointed out they have two troopers and their Detective
Bureau working on this problem, that there is no way for that amount
of people to keep up with all the information.'
C. Discussion of DARE Program
Chief Cross said they have looked at the Banning and Beaumont Unified
School District in terms of numbers. He referred to the memo he
had distributed that lists the number of students in the 5th and
6th grades who would be involved in the program. Chief Cross said
between Banning and Beaumont there are forty 5th and 6th grade classes.
Chief Cross said the Bureau of Justice Assistance Program in their
brief "An Invitation to Project DARE" states that one Police Officer
can serve up to 10 elementary schools or 40 classes. Chief Cross
said because of the distance between the Cabazon elementary school
and Beaumont, they feel one officer may not be able to handle it.
Page 2
adj.jt.mt. - 4/17/90
Chief Cross said the first DARE class with a reservation available
would be October 15, the second class would be November 5. In
discussing this with Mr. Long he feels the soonest they could get
someone trained and aboard in the classroom as far as Banning Unified
would be the second semester, January 1991.
Mayor Connors said Beaumont had understood that the PASSNET officers
would be discussed at budget time so they were surprised that Banning
had already decided on this. She said they also felt the DARE program
had been agreed upon between the cities. Mayor Connors said the
City of Beaumont and the Beaumont Unified School District had agreed
they would be willing to fund their part of the DARE officers, that
they are prepared to go in with Banning to provide this DARE officer
at this time.
Chief Funston said one of the suggestions they came up with in
discussions with Chief Cross, Mr. Long and himself was rather than
going to try to find money for 1 -1/2 or 2 Police Officers, they go
a different route and attack one school grade level at the beginning
of the program which would be 20 classes at the 5th grade level.
Chief Funston explained the problem is that the schools are so far
apart, that this is an option. Mayor Sheldon said this could be
considered a pilot program; that perhaps a sub - committee of the two
Police Chiefs and two Superintendent of Schools could be formed to
work out the details.
Mayor Connors asked if it had been discussed with DARE what effect
would it have on the program to do this with a lesser number of grades.
Chief Cross said he has not discussed this with LAPD DARE coordinator.
He said his information is that as long as you target a grade level,
such as 5th grade, it is all right. Mr. Long prefers to target 5th
grade as his 6th grade curriculum is jammed. Chief Funston said
the DARE program gives guidelines to work with, that if the cities
need to mold it a bit there would be no problem. He said by targeting
the 5th grade and we find out it works, we would still have these
students on board for next year. Councilmember Hanson said by the
time the 5th grade has completed the program, the 6th graders would
then have gone on to 7th grade and will not have the benefit of the
program. He suggested targeting the 6th graders, and then the 5th
graders would be in line for the program the next year.
Councilmember Holbert pointed out that the program cannot be started
until October at the earliest and that it probably would not be
targeted until January. He said it looks like the first year will
just be a part year budget and we should be able to fund the entire
first year and go for the 40 classes. He asked how cost effective
is it to scale down the program. Chief Cross said if he was budgeted
for one full DARE officer for Banning, it would be about a 60%
commitment to the DARE program and a 40% commitment to something
he has wanted to start which is a community service section where
they can get the Neighborhood Watch going, etc.
Mayor Sheldon said they have not had the opportunity to look at the
proposals and cannot give an answer until they do. Councilmember
McLaughlin asked if there had been any projection of the increase
of number of students. Chief Funston said he would hate to see this
position be half time. Mayor Connors said the City of Beaumont
proceeded on a misconception. She said they felt that they had asked
if they had a consensus that the DARE program is what they wanted
and each city would go back to their School Districts to find out
if they would agree to fund a DARE officer with the City. She said
they have done this. Mayor Sheldon said the Banning Council agreed
with this. She said Councilmember Williams and she met with the
Superintendent of Schools, and Chief Cross and looked into it.
Councilmember Williams said the cost of the officer should be split
three ways, between the two Councils and the School. If the school
pays some of the funds, they would feel more involved. Mayor Connors
said their school agreed to pay per capita cost and the City would
pay for Lhoir share of Lhe officers. If Lhore is more than one
officer, they would have to go back and talk with the School District.
Councilmember Holbert pointed out that one of the reasons that PASSNET
was considered as an antecedent to DARE was because PASSNET may be
a monetary plus if they had a sufficient amount of asset forfeiture
that we could have a cash flow that would pay for the PASSNET officer
and a portion of the DARE officer.
pang I
Councilmember Hanson said we are interested in both programs.
Councilmember Higgins said we have the desire to do something.
However, we have not received a commitment from the School District.
There is a Joint Meeting with them on May 3. He said the only way
now to fund additional officers is with the Asset Forfeitures. Mayor
Connors said her concern is if we need more than one officer than
we should do so. She said they could not discuss PASSNET until budget
time.
Mayor Connors asked Mrs. Howlett if this is a progressive type of
program, are the lessons different. Mrs. Howlett said they are
advanced lessons; however, if you skip the 6th grade you lose it.
If you start with the 5th grade then the following year if you pick
up the 6th grade, they will get it again. She said we should start
with the 6th grade.
Mayor Connors said Staff needs to know who is doing what - are we
going to use the two Chiefs, two School Districts and two City
Managers. Mayor Sheldon said as far as Banning is concerned our
City Manager will determine who on our Staff will work on this, and
the School District will decide who will be their representative.
2. Presentation of Riverside County Growth Management Plan
Mary Zambon
Mayor Sheldon asked Mr. Jolliffe to introduce the people with him
from the County of Riverside. Mr. Jerry Jolliffe said he was Chief
Deputy Planning Director, Mary Zambon is the Principal Planner.
From the Administrative Office are Richard Lashbrook, Director of
Policy Planning; John Johnson, Principal Administrative Analyst;
Dave Gibson, Senior Administrative Analyst.
Mr. Jolliffe said basically what they are trying to do in a series
of meetings with the County's cities is to introduce what the County
is proposing to incorporate into the General Plan. He said primarily
this will provide the Council with an opportunity at an early stage
to give them comments on their feelings on what is of interest and
concern to the City with the idea that it is an informal meeting.
Mr. Jolliffe said they will have a draft environmental impact within
the next 1 -112 to 2 months.
Mr. Jolliffe said as to the background, in November 1988 there was
a matter on the ballot in Riverside County, a Growth Management
Initiative. He said this was defeated 60 -40 %, approximately 120,000
people voted for it. He said there have been a lot of concerns in
Riverside County about the rapid pace of growth. He said the
population has increased from 663,000 in 1980 in the entire County
to approximately 1.1 million today. He said agriculture, wild life,
transportation problems, affordable housing and other things were
listed in the initiative. Mr. Jolliffe said the Board of Supervisors
in response to the issues that were raised decided they needed to
prepare a Growth Management element for a General Plan. He said
this is new from anything they have done before, they felt in Riverside
County there needed to be an overall strategy in managing the problems
of growth. In order to guide the effort, they felt there needed
to be a Growth Management Policy Advisory Committee. He said they
appointed a 29 member committee; the committee finished up their
work in December last year. He said the committee was composed of
persons representing cities, water districts, special districts,
business and development interests, environmentalists. He said
concurrently with this, the County sponsored a series of workshops
to provide input of what the concerns of the citizens were, the
important priorities in terms of growth management, etc. This
information was provided to the committee. He said everyone was
pleased with the committee's work, that there were people from
different interests including the classical debate between
environmentalists and developers. He said the best way to solve
a problem is to sit down and find common ground. Mr. Jolliffe said
the guiding principle the committee felt needed to be accomplished,
the work 0o uiri be limited to Riverside County realizing we nood
to pruvide opportunities for increased housing, also that we have
to have a balance between jobs and housing. He said you cannot do
that effectively if you place limits on growth. The Committee felt
the appropriate approach would be to ensure that the growth is properly
managed. He said to do this is to set up an overall strategy, increase
Page 4
A 1 , i ifln
residential development, need to have jobs in place, have adequate
transportation system, adequate opportunities to meet the needs of
different income groups in housing, schools, etc.
When the Committee finished their report in December they delivered
the report to the Board of Supervisors who directed Staff to begin
the process of preparing an Environmental Impact Report and to
implement the provisions of the proposed element that was within
the County's power. This would include ongoing efforts, such as
the County's housing element, initiation of the transportation pla 'h,
etc.
Mr. Jolliffe said there are two major features of the element, one
a series of things to follow to provide the overall strategy for
management growth. The other is vision or future physical development
of the County. It was felt this was important. He said this was
not specifically linked to growth projections or development approvals.
The Committee felt it was important to have this vision so we have
some sense of where we are going and some sense of having a means
of coordinating transportation, public services, etc. with the cities
in the County regarding potential urbanization, rural residential,
etc.
Mr. Jolliffe referred to a zoning map posted on the wall, showing
the incorporated cities. The map also showed the areas that the
Committee felt should be future rural communities such as Cherry
Valley and Cabazon. The map also showed agricultural areas and open
space.
Hs said the draft Environmental Impact Report should be completed
about the end of May. When it is completed, it will be transmitted
to the cities of Banning and Beaumont for comments. At the end of
the review process they will schedule a series of public workshops
for feedback. After this there will be Public Hearings so there
will be many opportunities for citizens to get involved. Mr. Jolliffe
also pointed out the spheres of influence on the map.
Richard Lashbrook addressed the group. He said when you look at
the policies to keep in mind that they were developed by a broad
cross section of the people in the County and they do not represent
the individual views of any one particular group. They represented
what a group of people who were concerned about the future of the
County could agree on.
City Manager asked if there was any possibility of the County getting
out of urban services. Because of the present attitude, the County
is encouraging helter skelter growth as long as it provides urban
services. Mr. Schweitzer said he feels urban areas should be in
incorporated places. He said if we have a sphere of influence and
a Planning Dept., the County should follow the plan the City has
outside our City limits.
Mr. Jolliffe said this has been brought up in the other meetings,
that it has been a popular issue in the cities around the County.
There needs to be a high degree of coordination within those sphere
of influence area bearing in mind the County needs to manage those
lands until such time as they are appropriate for annexation. He
said at Staff level they are looking at ideas to ensure that what
he is saying is something that they can entertain. He said at this
point, if they have a development proposal within the City's sphere
area, they transmit it to the City's Planning Dept. for comment.
Mr. Jolliffe said they support the concept of doing sphere planning
at the Staff level. He said it is the County territory until the
City annexes it so they have to look at a range of issues that the
County is responsible for. Mr. Jolliffe said they are in the process
of initating a community plan which covers lots of the area around
Beaumont and Banning. At this point it is an excellent avenue for
Banning and Beaumont to work with the County Planning Dept. staff
to make sure that the City's concerns are reflected in the community
plan.
Mr. Schweitzer said he saw no land use plans for the Morongo Indians.
There could be large environmental issues caused on reservation land,
such as open pit mining. Also the County has gone into the Cabazon
area which the County considers rural, and allowed economic development
activities. P 5
age
adj.jt.mt.- 4/17/90
Councilmember Holbert pointed out that the County Board of Supervisors
on several occasions have indicated that the County wants to get
out of the infrastructure system but then they are developing Cabazon
on a basis which ignores the fact there is no water, no sewage
treatment, etc. He said he was concerned that the County consistently
has ignored Banning. Mr. Jolliffe said the project referred to is
probably the factory outlet. From a marketing standpoint it was
developed for a rural location so it would not compete with stores
and shopping centers in urban areas, that it is an unusual situation.
He emphasized that they are dealing with areas around the cities
and county where there are concerns from individual cities about
actions the County undertakes. They are trying to set up a strategy
for dealing with these kinds of issues. Councilmember Holbert said
the sphere of influence for our City is extremely small and it doesn't
need to be that way, this was his concern.
Councilmember Hanson asked about the spheres of influence on the
map. Mary Zambon explained the different spheres of influence and
who they belong to. She explained they were not able to regulate
the Federal lands, the Indian lands, so they are not shown: Mayor
Sheldon said she attended the first organizing meeting on the community
action plan in Banning. She said she has heard no further follow -up
on this. Ms. Zambon said people had been asked to specifically
identify their interest so when there is a meeting on that issue,
they will be notified; they are still in the formation process of
the Community Plan.
Richard Lashbrook addressed the group. He said in dealing with the
cities and spheres of influence they hope to become involved in a
joint planning effort before a particular project comes along. He
said envisioned in the plan is the idea of working together to develop
a common vision, whether through a community planning effort or through
discussion with the various Planning Departments or elected officials.
On the other side, the Boardmembers feel concerned about not
representing the people who voted for them and they need to represent
the people by retaining the final say -so on a particular project
approval. Ile said there is a real issue of revenue sharing on some
of the commercial industrial projects. The committee asked them
to recognize there is a common problem and try to reach an agreement
on how this competition can be avoided in the future.
Roger Derda asked if the County was interested in getting a formal
endorsement from the Council. Mr. Jolliffe said it wouldn't hurt.
He said they did not expect they would agree on everything.
Councilmember Hanson asked if the County has a General Plan Map.
Mr. Jolliffe said they have a network of community plans that cover
large areas of the County and are in the process of preparing several
other community plans. Mr. Jolliffe said the remaining portion of
the County is evenly divided and are designated for different types
of open space uses. There are other areas not designated as open
space and they do not have specific predetermined categories such
as residential or commercial, etc. The determination of types of
uses for these are determined through developer review process.
As to when this "vision" will be implemented, Mr. Jolliffe said they
are looking at the hearing process before the Board completed sometime
in the late Fall, then it would be incorporated into the General
Plan. He said the implementation occurs through the community plans,
housing element, transportation plan, air quality element, because
those mechanisms have a specific program for the specific land use
designations that you apply whatever logic is in the growth management
policies.
Mayor Sheldon said one of the issues of concern in the Growth
Management Plan is that the County will support the formation of
a Council government in the western portion of the County which has
been achieved by Western Riverside Council of Government. She
recommended Beaumont join this organization to see what kind of a
role we can play together.
Mayor Connors said they did consider joining. However they decided
It wa-.) lu!,L nnoLher layor of government. She said she wondorud how
this may be affected by information coming out of the State of
California where they are discussing having 7 regions in the State.
Page 6
adj.jt.mt.- 4/17/90
Maybe this RCOG will problems if this happens. One of the County
representatives present said Speaker of the House Brown has proposed
his Regional Bill 4242 which does not have an impact on the Growth
Management element as it is a part of local Government. He said
RCOG would have an interface with the regional government if the
legislation was approved the day it was written. He said it would
absorb some of the regional functions such as LAFCO, RCTC, etc.
SCAG would disappear but RCOG would still be in place because under
the 7 Region context it would be a geographic sub - region and would
probably gain strength if there was an impact upon it. He said no
one believes 4242 will pass. After some further comments, Mayor
Connors said the way she read the information from the State, that
the attempts by local governments to form regional governments to
solve the problems has been a failure and therefore the State feels
this has to come as a solution. She said she felt the State is greedy
enough not to be impressed by us having regional government.
A question was asked about the south side of Beaumont within their
sphere of influence on both side of Highway 79. That on the map
from Highway 60 down south within the sphere it is designated open
space and why future choice management has not been used as
designation. Mary Zambon said south of I -60 is designated open space.
The committee did not discuss future choice on any point; based on
open space designations it includes mountain areas, desert areas,
etc. Mr. Bounds said the County Planning Dept. has granted
subdivisions in that area so they felt it strange that when Beaumont
started working in that area on the sewer plant they had to back
off. Ms. Zambon said they could take another look at that area.
There were other questions regarding the posted map. Mr. Jolliffe
again pointed out that anything the Council sees which are not
appropriate they can inform his department and the mistakes will
be corrected. This is a draft form. Mr. Lashbrook said the Committee
produced this document, and they recognized it was not the final
document needed to direct growth. He said they want to know about
the areas where it does not make sense and have them identified so
it can be evaluated and the Board can consider those changes.
3. Presentation of Plan for Joint Beautification of Highland Springs
Road - Roger Derda
Mr. Derda said he has been asked to present a concept of developing
a formal tree -lined entry gateway feature between the communities
of Banning and Beaumont. He said the sense of entry is a very
important contribution to community identity. He said this could
be a scenic corridor as well as a link to the mountains and foothills
to the north. Mr. Derda said the concept was developed through a
Consultant that has been working on a plan in the City of Banning
in our Midway Redevelopment Project Area. He felt as well as Staff
and the Banning City Council that the opportunity in term of the
Deutsch Specific Plans that are presently being developed would lend
itself to both cities being able to condition those projects to provide
formal tree plantings for those respective areas and to utilize the
concept of a lighting landscape assessment districts for maintenance
of those plantings.
He said for areas presently developed, Staff hoped that sometime
in the future there would be discretionary permits that might be
required so the City could also condition those projects to include
similar features on their property. If this was not possible, another
potential would be to develop a city -wide developer exaction fee
for improving and acquiring scenic and open space corridors through
both City limits to enhance the concept of community entryways.
He said where it is impossible to negotiate with people who have
developed properties it may be necessary for the cities to entertain
the notions of purchasing property outright to acquire the easements
necessary to develop the tree plantings. He said the corridors are
important links and if both cities cooperate the plan could be
developed without much problem.
Mayor Sheldon said Council recommended as part of their future planning
process that 5th St. on Banning side be closed and rerouted and it
would line up with Beaumont entrance to K -Mart shopping center.
Page 7
adj.jt.mt.- 4/17/90
Mayor Connors said she would prefer to discuss this after they had
a concept to study. Councilmember McLaughlin agreed with Mayor
Connors, that several things have to be analyzed. He said it is
fine to present this idea. Councilmember Holbert said the City has
done some master planning in this area and possibly the Midway Master
Plan should be shared with the City of Beaumont. Councilmember Hanson
said it is a concept and the two sides of Highland Springs Ave. should
be developed in a coordinated way. It is the entryway and Highland
Springs Ave. provides a window to the mountains. If something can
be done along Highland Springs on both sides to call attention to
the mountains, it will be good. He felt it would not be a costly
thing as the majority would be north of Wilson which is undeveloped
at this time. Neither City would plant trees before development.
Mr. Bounds said we have from 8th & Wilson an excellent opportunity
because both cities are working for the same owner. He said both
cities are involved with Specific Plans at this time. Mr. Bounds
said it is an opportune time for Banning to share their plan with
Beaumont and they could work with the representative. Mr. Bounds
said since they are working with the same owner that they should
look at the possibility of making a street to connect 14th St. unto
the east as far as they can go. He said they have to get people
off I -10 into our communities to spend their money. He said the
two cities can share this and he would like their Planning staffs
to get together on things like this.
Councilmember Williams suggested that we give the City of Beaumont
a copy of our Planning Commission Agenda, and Beaumont send theirs
to our Planning Commission. This was agreed upon.
There was some discussion regarding the Banning City Council painting
out graffiti on April 21. It was suggested they meet at 9:00 a.m.
at the City Hall.
Councilmember Hanson said it was called to his attention by a hardware
store owner in Banning that two young men wanted to buy some spray -can
paint. He said they were juveniles. The owner asked them for their
ID as above the spray -paint section states no one under 18 is allowed
to buy the spray paint. The youths said they had never been asked
before, that they were not asked when they went to Cornet. He said
this hardware store owner suggested our City Council approve the
Police Dept. send a letter to everyone who is a paint purveyor in
the town. Councilmember Hanson suggested Beaumont do this also and
those who do sell spray paint should remind the employees that they
not sell to juveniles. Councilmember McLaughlin said this law has
been in effect many years and it depends a lot on the merchant.
Councilmember Hanson said it won't hurt for us to remind the merchant.
Mayor Sheldon felt the next mutual meeting should be after the Councils
are prepared to discuss thoroughly the DARE program. Councilmember
McLaughlin asked if the joint meetings could be made on the third
Monday rather than Tuesdays as he had a conflict.
ADJOURNMENT
By common consent the meeting adjourned at 9:00 p.m.
Lucille M. Elizondo, City Cli6rk
ATTEST:
Barbara Sheldon, Mayor'
Page 8
adj.jt.mt. - 4/17/90
BEAUMONT CITY COUNCIL
MINUTES OF
MAY 14, 1990
The Beaumont City Council met in a regular meeting at 7 :00 P.M., on
Monday, May 14, 1990, in the City Council Chambers, with Mayor
Connors presiding.
On roll call the following Council Members were present: Bauer,
Leje, McLaughlin, Parrott and Mayor Connors.
The Invocation was given by Council Member Bauer, who then led the
Pledge of Allegiance to the Flag.
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 woo no one request inq to spank dur i nq corn 1 enmmtin i ont inn.
4. Presentation of Commendation to Captain Jiin Cook, Riverside
County Fire Department, Beaumont Station 66.
A letter of commendation was presented to Captain Jim Cook by
City Manager Bounds, in recognition of Captain Cook's service
as Acting Battalion Chief during the transition period after
the retirement of Battalion Chief Don Holt until such time as
the new Battalion Chief could assume the duties.
A letter of commendation was also presented to Captain Cook by
Battalion Chief Chris Wurzell, on behalf of Chief Glen Newman,
Riverside County Fire Department.
5. PUBLIC HEARING - 7:00 P.M. - NEGATIVE DECLARATION 90 -ND -2.
Applicant: Southern California Gas Co. /Jerome Haddow, A. & E.
Associates. Location: South side of First Street about 500
feet west of its intersection with Beaumont Avenue. (251 East
First Street). Proposed construction of an 8,255 sq.ft.
headquarters building to be added to the existing So. California
Gas Co. complex, with a Variance to increase the allowable fence
height to 8 feet. (90- PUP -1, 90 -V -1).
The City Manager called attention to
the Planning Commission recommended
Council of the Public Use Permit,
Declaration, the Council need only
Declaration. No approvals of the
Variance are required unless the Plar
were appealed.
the fact that a1thou.g_h
approval by the C:Ity
Variance and Negative
consider the Negative
Public Use Permit and
ning Commission decision
The public hearing was opened at 7 :07 P.M.
There were no proponents or opponents requesting to speak.
The public hearing was closed at 7:08 P.M.
There were no questions from the Council.
Page 1
6.
Beaumont City Council
May 14, 1990
Conn [dmrnt Ion o1* Adop1. 1. on o(' Nni_Iu1. 1 v 1)r►Ii I r►ru1 1 ur► 9U -NU -2.
Motion by Council Member McLaughlin, second by Council Member
Bauer, to adopt Negative Declaration 90 -ND -2, based on the
findings.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Regional Park and Open Space District Presentation by Paul
Romero, Director of Riverside County Parks Department.
Mr. Paul Romero, Director of Riverside County Parks Department,
presented information concerning the Regional Park and Open
Space District proposed by the County of Riverside.
This presentation was lengthy, and is a matter of record on the
tape of this meeting, as well as contained within an
informational packet in the Clerk's file.
Council Member Parrott asked if there was an assessment at this
time for parks, with Mr. Romero indicating there is no
assessment in existence at this time.
Answering a question from Council Member McLaughlin, Mr. Romero
stated that some parcels could be very large and some very small,
with each assessed the same amount. Parcels which are exempt
are those related to active agriculture, mobile home lots, and
families with a joint income under a certain lovel.
Mr. McLaughlin then naked if the County would maintain the parks
and trails, with Mr. Romero stating the regional parks would be
maintained by the County, with 20% of the assessment (which
comes to the City on an annual basis) available for use by the
City for operation and maintenance of its own parks by City
staff.
Mayor Connors asked if both Beaumont and Banning joined the
district, would the two cities have to meet together to decide
which projects would be considered. Mr. Romero replied there
would be an advisory commission, with each zone having one
advisory member to the Board of Supervisors. In addition, there
would be a technical staff established which would meet on an
annual or semi - annual basis to discuss issues that deal with
cities as they grow. The Board of Supervisors would be the
governing body, with the advisory commission and technical staff
providing input.
Mayor Connors wanted to know if the County comes up with the
project, with the Cities providing input - or do the cities
request what they would like to see. Mr. Romero responded that
the cities would have total control and authority over projects
at the local level within their City boundaries. At the
regional level, a list of projects would be defined and agreed
upon by the participating members after the election. Although
a list would be provided for the voters at the election, they
would be prioritized and funded after the election. This would
be done by a committee in some format.
Council Member Leja asked if the Board of Supervisors appoints
t'he representative from each zone, and if there is only one
technical staff or one from each City, with Mr. Romero
confirming the Board of Supervisors would appoint the advisory
commission member, and each City would have a technical staff
representative.
She then wanted to know how the projects are prioritized, and if
there would be the possibility of Beaumont never getting a
project they would like to see because they are too small to
swing political power. Mr. Romero felt this would not be a
Page 2
eaumont City Council
May 14, 1990
fnot,ov, Itnunur►n whnl. LI►n vo1,nrn n lip t,ovn w I I ho Ihr, pro.lnol,rt
which will be funded. The monies collocLod in Lho zot►o will
stay within the zone, both regional and local, and will be used
for projects established for the zone.
The City Manager asked if the zone boundaries can be changed as
properties are annexed to the City, with Mr. Romero confirming
the boundaries of the zone would be changed accordingly.
Council Member Bauer requested clarification relative to the
Beaumont- Cherry Valley Park and Recreation District - if they
would be part of the plan and if they would receive part of the
monies.
Mr. Romero stated the Beaumont- Cherry Valley Park and Recreation
District would receive the local share, 25o for local
facilities, in the unincorporated area, but nothing from the
City of Beaumont's allocation.
A sample resolution was presented to the Council by Mr. Romero,
which requests inclusion in the creation of the regional park
and open space district, for their consideration.
The City Attorney indicated the resolution was acceptable as to
form.
RESOLUTION NO. 1990 -19 - Requesting Inclusion in the Creation of
the Riverside County Regional Park and Open space District.
Motion by Council Member McLaughlin, second by Council Member
Leja, to adopt Resolution No. 1990 -19.
AYES: Council Member Bauer, Leja, McLaughlin and Parrott.
NOES: Mayor Connors.
ABSTAIN: None.
ABSENT: None.
7.' Request from Community Adviser for Consideration of Publication
of Legal Notices for City of Beaumont.
The City Manager presented his report, in which he pointed out
the once -a -week publication could be a problem in timely
noticing for Council meetings, and, secondly, he felt it was
very important that all City notices should appear in one
newspaper at all times for the convenience and benefit of the
public. If it is determined by the Council to publish in the
Community Adviser, a resolution should be prepared for adoption
at the next meeting to name that newspaper as the newspaper for
publishing of all City notices and ordinances.
Discussion followed concerning the pros and cons of publishing
in the Community Adviser, which is published only once a week,
as opposed to publishing in a daily newspaper.
Motion by Council Member Bauer, second by Council Member
Parrott, to prepare a resolution to place the City's legal
notices in the Community Adviser.
AYES: Council Member Bauer and Parrott.
NOES: Council Member Leja, McLaughlin and Mayor Connors.
ABSTAIN: None.
ABSENT: None.
MOTION FAILED
8. Consider Paying One- Fourth of the Cost of a Feasibility Study
For Veteran's Home /Elder Care Facility Site on Highland Springs
Avenue.
A report from the City Manager was received and discussion of
the request followed.
Page 3
Beaumont City Council
May 14, 1990
Mot Ion by Counn, l I Mombov Mcl. till( lh 1 1,110 tiocoild by I;uunc 1 I. Momllot,
Bauer, to approve payment of the City of Beaumont's share of
costs for the Veteran's Home feasibility study of $1,700.00 plus
one - quarter of any reimbursable expenses.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
9;, Consideration of Implementation of DARE Program for the City of
Beaumont.
Mayor Connors opened this agenda item with the statement that
everyone in the room is aware of what the DARE program is by
this time, and how it works, and that it requires the services
of a police officer. The program has been explained in detail
at previous meetings, and at a joint meeting of the City
Council and Beaumont Unified School District, a conclusion had
been reached that the program should be implemented.
Brief comments were made by each Council Member indicating their
support of the program. Council Member Bauer did question
whether or not this should wait until budget time, with Mayor
Connors pointing out there was not sufficient time if we want to
get an officer into the October training program.
Motion by Mayor Connors, second by Council Member Bauer, to
approve hiring a DARE Officer, and enroll this officer in the
October training session for the DARE program.
AYES: COUncil Member Bauer, Lojo, McLatightin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
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 April 23,
1990.
b.. Approval of Warrants as Audited per Warrant List of
May 14, 1990, in the amount of $111,181.48, and Payroll of
April 26, 1990, in the amount of $57,691.41.
c. Authorizing City Manager to Execute Cooperative Agreement
with County of Riverside Relative to Mortgage Credit
Certificate Program.
�. Reallocation of $990.00 of CDBG 16th Year Funding from I
Care Shelter Home to Stewart Park Project.
Approval of Carryover of Unused Vacation by City Manager.
�. Receive Report Relating to 1990 Population Certification.
Motion by Council Member Bauer, second by Council Member
McLaughlin, to adopt the Consent Calendar as presented.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Page 4
Beaumont City Collncll
May 14, 1990
11.
Discusu Lon Concerning Schoduling of 5ocond Mouling In May Which
Normally would be held on May 28, 1990, a City Holiday.
The Council discussed possible dates to reschedule this meeting,
with the City Manager commenting there was nothing urgent that
could not be held until the June 11 meeting. In the event
something were to occur which needed immediate attention, a
special meeting could be called.
Motion by Council Member Bauer, second by Council Member Leja,
to cancel the May 28, 1990 Council Meeting due to Memorial Day
Holiday.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Date Set for Next Regular Meeting Monday, June 11, 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
8 :17 P.M.
Respectfully submitted,
City Clerk
Page 5
BEAUMONT CITY COUNCIL
MINUTES OF
JUNE 11, 1990
The Beaumont City Council met in a regular meeting at 7 :00' P.M., on
Monday, June 11, 1990, 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 Council Member Leja, who then led the
Pledge of Allegiance to the Flag.
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
90 -ND -4. Applicant:
Street, (N /W Corner
Licensed residential
maximum of 50 persoi
Hotel). (90- PUP -2).
P.M. - Intent to Adopt Negative Declaration
K. L. Jarot Corp. Location: 210 W. 6th
6th and California). A proposed State
board and care facility to accommodate a
is in an existing structure (Sunset Plaza
Stephen Koules, Director of Community Development, presented his
ttt.nf l' t,o1)urL raInLIva L Lhlcj ttayaLiva dauluruL Lon , w1Lh u
vocommondot ion for adoption by the Planning Commission.
Council Member Parrott questioned if the facility would be locked
at night, with Council Member Leja raising questions concerning
the licensing, installation of fire sprinklers and seismic
safety.
Mr. Koules indicated the question concerning locking of the
facility should be addressed to the applicant. So far as
licensing, it is his understanding, based on information provided
to him, the facility is exempt from licensing pursuant to Section
8001 of the Code. Fire sprinklers are installed and according
to a report from former building inspector, Paul Turner, the
building met code requirements relative to earthquake standards.
The public hearing was opened at 7:09 P.M.
Mr. Charles McKennell, representing the applicant, addressed the
Council in favor of adoption: I am only here to answer
questions, if you have any. Other than - I have no other
questions. I have answered those all at the Planning Commission.
Council Member Parrott: Is this a locked facility at night.
Mr. McKennell: What do you mean by locked.
Council Member Parrott: Well, you know some of these care places
like this - board and care - they are locked at night, because
sometimes they wander off. People wander off.
Mr. McKennell: You are talking about a Class 3 and 4 client,
wltlnh t•o1lttlt•n around -thn -plonk oulint•vinton. Wo urn noL t inL Lypn
of I,y.
Page 1
Beaumont City Council
June 11, 1990
Council Member Parrott: I see.
Mr. McKennell: It is locked from the public in, after a certain
hour, for safety. But under the fire code it has spring locks
that have to be maintained so they can be left open in the case
of an emergency. But you will have night people on duty.
Council Member Parrott: You will have.
Mr. McKennell: Those who don't have problems. And to answer the
young lady's question. The State recognizes that if a person
needs medical treatment, care, out of a wheel chair to take
bathing, or out of their bedroom facility, that is a board and
care. Needs a license. State also "any house, institution,
public health, or other similar place, that supplies board and
care - excuse me - supplies board and room only, or room only, or
board only, which provides no element of care - care under the
State statute of the word care - and supervision as defined in
Section 8001, are exempt from licensing." This is the State
manual.
Council Member Leja: But somebody will be on duty at all times.
Mr. McKennell: Yes, of course.
Council Member Leja: So that would qualify as supervision.
Mr. McKennell: If a person goes into heart failure, they would
have the ability to call paramedics. They would not have the
ability to administer medicine. Or, if it is a diabetic, they
will not administer insulin. I take insulin. I administer my
own. But you have people today who someway can't manage their
money, and need a place to sleep, have meals served, and a place
to relax. This is what we are offering. The State - if you
provide care and board and care only, under a State supervised
program, the State can only put in six to eight people under
their guidance. That is out their control. You can't function
a place under six or eight people to make it profitable, to keep
the doors open. So when we applied for the application with the
Planning Commission, it was plainly stated either /or.
Council Member Leja: Either /or. Well, see, I still get back,
you know, like you said this isn't a public use hearing tonight,
but . . .
Mr. McKennell: But you should have it clear in your mind, as I
have it in mine.
Council Member Leja: Right. And when I talked with these people
they said there were two different - you described one thing -
but there are two different sets of licensing.
Mr. McKennell: There are fifteen different ones.
Council Member Leja: Yeah, but . . .
Mr. McKennell: And then your City alone, you have eleven . . .
Council Member Leja: Exactly, if you will let me finish, we -
what I discussed with them - the one that would just be a board
- a place that they can come - that needs somebody to make their
meals, that type of thing - and from what their interpretation
is, and what they license every day, there is a requirement for a
license there.
Mr. McKennell: Did you call Riverside.
Council Member Leja: I called Riverside and Sacramento.
Mr , M111(nillin I I t Whnt you nrn to I k hig to thorn . . .
Page 2
Beaumont City Council
June 11, 1990
Council Member Leja: And Orange County.
Mr. McKennell: . . . are people who go in for licensing, like
you have, probably, eleven homes in Beaumont now that provide
bound und cure under a State license. They have two to five
people, except for one place that has, right now, I think, 21
people. But half of them don't require care as defined by the
State language. All I know, ours will be a supervised facility.
We have management experience in this, and I think it will be a
place that Beaumont will like to see when it is finished.
Council Member Leja: Have you had any of these facilities
anywhere else in the State.
Mr. McKennell: In the State, out -of -state and out of the
country.
Council Member Leja: Could you tell me some of those facilities.
Mr. McKennell: In New York.
Council Member Leja: In New York. None in California.
Mr. McKennell: No.
Council Member Leja: Okay. How many years have you had these
facilities.
Mr. McKennell: I have been forty years in management. I have
done in construction, probably a billion and a half dollars per
year in construction. In City running and building, I have
probably designed seven cities. In government, I have done
probably 7,000 hotels.
Council Member Leja: Yes. I am more concerned about the care
facility.
Mr. McKennell: I understand. You are talking about 32 people,
and like the gentleman said, it is not for public use discussion.
Council Member Leja: Exactly. With those particular facilities
that you had in New York, they are similar to this facility.
Mr. McKennell: They were.
Council Member Leja: Did you ever have any violations or any of
that type of thing with those facilities.
Mr. McKennell: No. I am a successful businessman. And like I
said I can either take this place or leave it. It depends on how
you vote, I vote. Because, you see, I don't close escrow until I
know I am accepted in a town. And if I am not accepted in a town
for my type of business, then I don't close escrow on the
building.
Council Member Leja: Well, you can understand that we want to
understand . . .
Mr. McKennell: No, not really, okay. . .
Council Member Leja: That is our responsibility though.
Mr. McKennell: Because I see a City that needs a lot of things
done, and I would welcome someone coming in, putting a lot of
money into a place to upgrade it, and to make it a good business.
That is my application of business. Now I have sat here, and I
have looked at it from both ends, and when someone is willing to
come in, take an eighty -four year old building, and put three -
quarter of a million dollars in it, I would be damned if I would
nit thnro and (pinntion n mitn'ii nnni.ty.
Pago 3
Beaumont City Council
June 11, 1990
Council Member Leja: I am not questioning your sanity or
ability, but I am sure you understand my position, and the
position I am in is to protect the community, and I, as well as
you, put in a lot of time today making a lot of phono calla.
Mr. McKennell: Well, I think the Planning Commissioni; did that.
Mayor Connors: I don't think that we should get into an argument
here. . .
Mr. McKennell: Well, I am not, I just think the Planning
Commission did their job.
Mayor Connors: . . it was . . . it is also our job to ask
questions that we have sir. We are not. . .
Mr. McKennell: Well, let me say this - let me say this for the
record . . .
Mayor Connors: . . . we are not - we are not trying to insult
you, we are merely asking questions.
Mr. McKennell: . . . if I may Mayor. That you have in your
community, whether you know it or not, probably one of the best
Community Development Managers. And if I was the Mayor of
another City I would steal him.
Mayor Connors: 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 to
Item No. 4. Is there anyone wishing to speak at all on Item No.
4. Anyone wishing to speak at all on Item No. 4. We will close
the public hearing.
The public henrinq was closed at 7 :17 P.M.
Mayor Connors opened the floor for discussion by the Council,
with Council Member Bauer speaking in favor of this project,
indicating this type of facility is badly needed in the City.
Council Member Leja indicated that although she agreed with Mr.
Bauer that quality facilities are needed, she is not sure this
particular area and street is the proper location for this type
of facility.
Council Member Parrott stated he is familiar with this type of
facility as he has a brother in one of them in Redlands, and that
facility needs a little concern for their residents at night.
They are allowed to wander and this is a bad situation. If this
facility has someone on duty to look after them, then he is
satisfied.
Council Member McLaughlin also agreed this type of facility is
needed, and he was glad to see a company willing to take the
eighty -four year old building and upgrade it, thereby salvaging
the building. So far as the area it will be located in, it is
difficult to determine what the right area would be, and he feels
this is a good area for this facility.
Mayor Connors said she had no problem with the project except the
applicant seemed to be touchy talking about it, which is the only
thing that disturbed her mind about it, otherwise, she didn't see
anything wrong with it, or the location.
a. Consideration of Adoption of Negative Declaration 90 -ND -4,
based on the findings.
Page 4
No
5.
Beaumont City Council
June 11, 1990
Motion by Council Member McLaughlin, second by Council Member
Bauer, to adopt Negative Declaration 90 -ND -4, based on the
findings.
AYES:
Council Member
Mayor Connors.
NOES:
Council Member
ABSTAIN:
None.
ABSENT:
None.
Bauer, McLaughlin, Parrott and
Leja.
Consideration of Complaint from Mrs. Jesse Bates.
Mayor Connors asked if Mrs. Bates, or someone representing Mrs.
Bates, was present, with no response from the audience.
Mayor Connors then commented she thought all members of the
Council have heard of Mrs. Bates and her problem with crowing
.roosters, and that Mrs. Bates had requested her to bring this to
the Council for discussion which she has done by placing it on
this agenda.
-
Mrs. Bates was told by Mayor Connors that she should submit a
letter or have someone at the meeting or a petition from her
neighbors, none of which, apparently, have occurred.
Discussion followed with the Mayor and all Council Members
indicating they have spoken with Mrs. Bates relative to her
problem, and /or have gone to her residence to observe firsthand.
The options available to remedy the situation were also
discussed, with a consensus of the Council they were really not
in a position to do anything about Mrs. Bates' complaint without
someone appearing before the Council, or a petition from the
neighborhood, to tell them exactly what the problem is.
The City Manager did point out that Mrs. Bates had also contacted
him and he hnd requested her to call the police whenever she won
oxlrurinnulntl thu I)rubLam, but in muut Iiiatanuua tliara wan nu
record of her calling the police department.
6. Consider Rescinding Resolution No. 1990 -19 on the Basis of
Information Received Following the May 14, 1990 Council Meeting.
The City Manager presented his report concerning the new
information received after the presentation by Mr. Paul Romero at
the last Council meeting. The one item which had caused the most
concern was the opinion of County Counsel that if a City adopted
a resolution requesting inclusion in the park and open space
district, they would become a part of the district without regard
to whether or not a majority of that City's voters approved the
measure on the November ballot.
This new development, along with other new information, and the
fact that a lot of pertinent information was not presented by Mr.
Romero when he appeared before the Council on May 14, 1990, was
discussed by the Council at length.
a. RESOLUTION NO. 1990 -21 - Rescinding Resolution No. 1990 -19.
Motion by Council Member Bauer, second by Council Member Parrott-,
to adopt Resolution No. 1990 -21.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
7. Reconsideration of Request from Community Adviser for
Consideration of Publication of Legal. N o t i c a a for City of
lie numont.
Page 5
Beaumont City Council
June 11, 1990
The matter of placing the City's legal advertising with either
the Record Gazette or the Community Adviser, or both, was again
discussed at length by the City Council.
The City Manager was directed to prepare Resolution No. 1990-
22 for signature by the Mayor stipulating that publication of
legal notices and ordinances for the City of Beaumont will be
placed with the Community Adviser for six months, from July 1 to
December 31 of each year, and with the Record Gazette for six
months, from January 1 to June 30 of each year, effective July 1,
1990, and rescinding Resolution No. 1980 -29.
RESOLUTION NO. 1990 -22 - Establishing Procedures for the
Publication of Ordinances and Public Notices, and Repealing
Resolution No. 1980 -29.
Motion by Council Member Parrott, second by Council Member Leja,
to adopt Resolution No. 1990 -22.
AYES: Council Member Bauer, Leja and Parrott.
NOES: Council Member McLaughlin and Mayor Connors.
ABSTAIN: None.
ABSENT: None.
8. Consideration of Claim Filed by Steve and Judi Guinn.
A report was received from 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
Leja, to reject the claim based on the following findings:
1. That the documents and evidence reviewed thus far fails to
establish liability on the City of Beaumont.
2. It is impossible to adequately evaluate the claim withouL
(Ixl:ttn :I i vo it l 000vol'y .
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
9. Consideration of Award of Bid for Sewer Sectional Redding
Machine.
City Manager Bounds presented his report and recommendation for
award of the bid to the low bidder, Dew -Par Sales and Service.
Motion by Council Member Parrott, second by Council Member
McLaughlin, to award the bid to Dew -Par Sales and Service, in the
amount of $17,230.25, and authorize the Mayor to execute all
documents to complete the purchase of the Sectional Redding
Machine.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
10. Consideration of Requesting County of Riverside to Include the
City of Beaumont in the Community Development Block Grant Program
for FY 1991 -1993.
The City Manager advised that the City of Beaumont has
participated with the County in the Community Development Block
Grant prntirnm for n long tlmn, with the biggnrnt ndvnntngn hoing
y1111 rniln l vn miiiiny nvnry ynnr. i f yuti du not. Bart, to tl►aLa yuti havo
Page 6
Beaumont City Council
June 11, 1990
to compete each year, and would only receive funds every two to
three years. His recommendation was to continue participating in
this program.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to authorize the City Manager to notify EDA that the
City will participate in the CDBG program during FY 1991 -1993,
and authorize the Mayor to execute all documents necessary for
the City to participate in the program.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
11. CONSENT CALENDAR - All Items Listed Under the Consent Calendar
are considered to be routine by the City Council and will be
approved on one motion. There will be no separate discussion of
these items unless a Council Member or Citizen so requests, in
which case the item will be removed from the Consent Calendar and
considered as a separate item.
a. Approval of Minutes of Regular Council Meeting of May 14,
1990.
b. Acceptance of Minutes of Regular Planning Commission Meeting
of April 3, 1990.
C. Approval of Warrants as Audited per Warrant List of June 11,
1990, in the amount of $400,598.10; Regular Payrolls of May
10 and May 24, 1990, in the amounts of $60,193.73 and
$58,205.00 respectively, and Special Payrolls of May 23,
1990, in the amounts of $539.37 and $1,009.75.
d. RESOLUTION NO. 1990 -20 - Accepting Grant of Easement- Sowors,
and Ordering Re-F-o—rTa-Tion Thereof with the County Recorder.
(Plot I'lan 89 -PP -5, Devcorp).
e. Report of Planning Commission Action at Regular Meeting of
May 15, 1990.
4 Motion by Council Member Bauer, second by Council Member Parrott,
to adopt the Consent Calendar as presented.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
12. Recess to Closed Session:
a. Pursuant to Government Code Section 54957.6 to Meet with Its
Designated Representative Regarding Labor Relations Matters.
b. Pursuant to Government Code Section 54956.9(a) to Confer
with its Attorney Regarding Pending Litigation which has been
Initiated Formally, and to which the City is a Party.
The title of the litigation is Adams Advertising vs City of
Beaumont, Riverside Superior Court Case No. 203217.
The meeting was recessed to Closed Session at 8:22 P.M.,
reconvening to Regular Session at 10:02 P.M.
Let the record show direction was given to the City Manager on
Items 12.a and 12.b.
Page 7
Beaumont City Council
June 11, 1990
Date Set for Next Regular Council Meeting, Monday, June 25,
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 10:03
P.M.
Respectfully submitted,
City Clerk
Page 8
Beaumont City Council
June 25, 1990
The City Manager addressed the request for a streetlight,
indicating he is checking with Edison to find out what the cost
would be to have a streetlight erected at this corner, and also
checking into some improvement plans to see why one was not
required on the Meadowlark subdivision. A determination will be
made where the power is in that area, and the City will try to get
a power pole in.
Chief Funston presented his report and recommendation to install a
stop sign at the intersection of 10th and Cherry Avenue. He also
suggested the Council consider the possibility of installing a
stop sign at Antonell and Cherry in the future. Since Antonell
and Cherry is not agendized, it will have to be brought back on a
future agenda.
There were no comments from the Council other than Council Member
Parrott speaking in favor of installing a stop sign at this
location, and a question from Mayor Connors asking if it is common
to have both a street light and a stop sign at the same location.
Chief Funston confirmed this is a normal occurrence as they are
addressing two completely different circumstances.
a. A' ESOLUTION N0. 1990 -24 - Prescribing an Intersection Stop Sign
at 10th Street and Cherry Avenue to Expedite Traffic Flow and
Traffic Safety.
Motion by Council Member McLaughlin, second by Council Member
Bauer, to adopt Resolution No. 1990 -24.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
7. Consideration of Request from Stater Bros. Development for No
Parking Zone on the South Side of Sixth Street for a Portion of
the 1600 block.
A report was received from Chief Funston, with a recommendation to
k the curb as a no parking zone on the south side of Sixth
reet for a portion of the 1600 block, as shown on the drawing
submitted.
As a follow -up to his written report, Chief Funston did recommend
that the entire curbline to Highland Springs Road be marked for no
parking. Lengthy discussion followed this recommendation, with
the Council concluding only the original recommendation should be
considered at this time. If a problem arises in the future which
would indicate additional no parking zones are required, the
matter should be returned to the Council for consideration.
a. RESOLUTION NO. 1990 -25 - To Designate a No Parking Zone.
Location: South Side of Sixth Street for a Portion of the
1600 Block.
Motion by Council Member Bauer, second by Council Member Parrott,
to adopt Resolution No. 1990 -25.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
S. Consideration of Approval of Parks, Open Space, City
Beautification Concept Plan.
Stephen Koules, Director of Community Development, presented his
conceptual plan for parks, open space and city beautification,
Page 2
Beaumont City Council
June 25, 1990
with his recommendation that it be included as an element of the
General Plan, which is in the process of being updated at this
time.
He then called attention to the plan itself, pointing out all
details of the plan as proposed.
Favorable comments were received from each Council Member,
indicating this is an excellent concept and staff should be
complimented for their long range planning.
Motion by Council Member Bauer, second by Council Member Parrott,
to approve the Parks, Open Space, City Beautification Concept Plan
as presented by the Planning Department.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
9. CON T CALENDAR:
A proval of Minutes of Joint Council Meeting with Banning City
ouncil of April 17, 1990, and Regular Council Meeting of June
11, 1990.
Acce ante of Minutes of Regular Planning Commission Meeting
o ay 15, 1990.
Approval of Warrants as Audited per Warrant List of June 25,
1990, in the amount of $155,378.70; and Payroll of June 7,
990, in the amount of $56,830.29.
Report of Action at Regular Planning Commission Meeting of
June 19, 1990.
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.
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 7:38 P.M.,
reconvening to regular session at 8:35 P.M.
Let the record show direction was given to the designated
representative to continue negotiations with the employees.
11. Set Date for Budget Review.
Motion by Council Member McLaughlin, second by Council Member
Bauer, to set the date of Friday, July 6, 1990, at 9:00 a.m. for
budget review.
Date set for Next Regular Council Meeting, Monday, July 9, 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 8 :39
P.M.
Res ctfully submitted,
City Cler
Page 3
2. Review of Proposed 1990 -91 Budget.
Mayor Connors indicated the Council had already gone through the
budget page by page and clarified what they wanted in it. She
asked if any Council Member had questions regarding the budget
at this time. There being no questions from members of the
Council, Mayor Connors asked for comments from the City Manager.
Mr. Bounds called attention to a number of items which have come
up since their last review of the budget, as follows:
1450 - General Government.
Request for ten additional tables for use in the gymnasium when
rented to groups and organizations. This will be funded from
payments made by S.H.A.R.E. for use of the tables. The amount
to be added to the budget for these tables is $490.00 for ten
eight foot tables.
7000 - Transit.
Request for additional half clerk- dispatcher, with the
anticipation that if the City of Beaumont starts the Calimesa
run, this would become a full -time position. The amount needed
in the budget for this position would be $10,632.00 from transit
- Article 4 money, with - -- the -- County - giving us one -half - of. this .
amount since they have agreed to pay half of the budget because
of our providing service to Cherry Valley.
Due to the fact that over $160,000 was received from RCTC, and
only $152,372 is needed for the three new buses as a result of
the bid received, RCTC has agreed for the City to use the
remainder of the funds to upgrade the air conditioning in two of
the existing buses. It will be placed in the City's budget,
however, it will be paid for with the money from RCTC.
2050 - Police Department.
Due to the extra time required of the City's police officers,
because of the special street gang operation, the City Manager
recommended that an additional $20,000 be added to the police
department budget for overtime, for a total of $45,000, with
authorization to go over budget if necessary.
Council Member McLaughlin commented he felt the budget should
be increased to $50,000.
9030 - Gas Tax /Street Construction.
Street overlay work is listed at $150,000. Matich Corporation
Page 1
tot
BEAUMONT CITY COUNCIL
MINUTES OF
SPECIAL MEETING of JULY 6, 1990
The Beaumont City Council met in a special meeting at 9:02 a.m.,
on Friday, July 6, 1990, in the City Council Chambers, with Mayor
Connors presiding.
On roll call the following Council Members were present: Bauer,
McLaughlin, Parrott and Mayor Connors. Council Member Leja was
excused.
1. Clerk's Affidavit of Posting.
The Clerk's affidavit of posting the agenda was read into the
record.
2. Review of Proposed 1990 -91 Budget.
The City Manager advised that a request had been received
from the Chamber of Commerce to review their allocation
first, however, representatives of the Chamber had not yet
arrived.
There being no one present from the Chamber, the City Manager
opened review of the budget with a general explanation of the
revenue and expenditures shown on Pages 1 through 3 of the
budget.
Review of Chamber of Commerce Allocation.
Mike Sedberry, Executive Director of the Beaumont Chamber of
Commerce, addressed the Council at length, presenting
justification for the Chamber's request that 75% of the
City's Bed Tax be allocated to the Chamber. He presented two
exhibits, one representing what the Chamber could do with 75%
of the bed tax monies, and the other representing the current
year to date, and the adjusted budget with the current
allocation. He then gave background information relative to
the activities by the Chamber, and their efforts to increase
their revenue from other sources, including an increase in
member dues.
Discussion followed Mr. Sedberry's presentation, with
comments and questions from Council Member Bauer and Mayor
Connors.
A number of topics were
Festival, the Cherry Valle
Chamber of Commerce, the
Chamber, (particularly in
industries interested in
reasoning behind agreeing
year's budget hearings.
discussed, including the Cherry
y Chamber of Commerce, the Banning
responsibilities of the Beaumont
negotiating with businesses and
locating in Beaumont), and the
to a percentage basis at last
Beverly Papetti addressed the Council in support of the
Chamber of Commerce, pointing out the Chamber was directly
responsible for bringing K -Mart to Beaumont in the beginning.
Clancy Osborne, Century 21- Clancy Osborne Realty, addressed
the Council in support of the Chamber of Commerce. He
specifically called attention to the fact that he had seen a
Chamber of Commerce die in Blythe, and if you allow a Chamber
to die it is very hard to get it back, and the things they do
are really missed.
Page 1
Beaumont City Council
ly 6, 1990
In conclusion, Mayor Connors stated that 50% of the bed tax
in a City that will be growing is very generous and she would
support 50% for the Chamber, although not as enthusiastically
as she would have last year, with Council Member Bauer
stating that since establishing a percentage of the bed tax
to the Chamber last year has not given any stability in this
matter, he felt very strongly the City should go back to the
$10,000.00 per year allocation.
Motion by Council Member Bauer to return to an allocation of
$10,000.00 per year to the Chamber of Commerce DIED FOR LACK
OF A SECOND.
Council Member McLaughlin reiterated his recollection of what
happened last year, when he supported a 50% percentage, but
the majority of the Council supported 40 %, and that he still
feels the percentage method is the best way to allocate money
to the Chamber.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to allocate 50% of the Bed Tax to the Chamber of
Commerce, with the 50% to be taken from the previous year's
bed tax receipts, for the following year's budget.
AYES: Council Member McLaughlin, Parrott and Mayor
Connors.
NOES: Council Member Bauer.
ABSTAIN: None.
ABSENT: Council Member Leja.
This concluded discussion concerning the allocation for the
Chamber of Commerce and the Council returned to review of the
budget department by department. 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.
1150 — CITY COUNCIL: No Changes.
1100 — CITY MANAGER: No Changes
1150 — CITY CLERK: No Changes.
1200 — ADMINISTRATIVE SERVICES: No Changes.
1300 — CITY ATTORNEY: No Changes. Council Member Bauer
requested the City Attorney contract be reviewed annually.
The City Manager indicated it could be reviewed at any time
the Council desired, and recommended they request it be
placed on a particular agenda.
The meeting was recessed at 10:27 a.m., reconvening at 10 :44
a.m.
1350 — COMMUNITY DEVELOPMENT: Carpeting for the Community
Development offices was added in the amount of $1,650.00,
Account No. 6050. Increase part time clerk to 30 hours per
week.
1450 — GENERAL GOVERNMENT: Add new alarm system in amount of
$2,710 down, with $113.00 per month lease payment. Increase
insurance to $133,175. Increase Chamber of Commerce to
$13,947.
2050 — POLICE: Increase reserves to $4200.00.
2100 — FIRE: No Changes.
The meeting was recessed for lunch at 12:50 p.m., reconvening
at 2:37 p.m.
Page 2
3umont City Council
,..ly 6, 1990
2150 - BUILDING INSPECTION: No changes in proposed budget.
Authorization was given to the City Manager to proceed with
hiring the special consultant for earthquake safety
inspections since these need to be started as soon as
possible.
3100 - PUBLIC WORKS: No changes.
3250 - STREET MAINTENANCE: No changes.
3350 - STREET LIGHTING: No changes.
4050 - SEWER SERVICE: Add Effluenct Sampler in the amount of
$3,000.00 to 6040, Equipment.
4500 - SANITATION: No changes.
5050 - VEHICLE MAINTENANCE: Equipment Mechanic changed to
read 70 %, with the remainder of 30% charged to Transit. This
changed the total to $191,006.
6050 - PARKS: No changes.
6100 - SENIOR CENTER: No changes.
6150 - POOL: No changes.
7000 - TRANSIT: As previously discussed under vehicle
maintenance, the equipment mechanic was changed to read 30 %,
with the appropriate increase in the total budget. Other
personnel changes included increasing full time bus drivers
to 4, the part time bus drivers to 5 and adding 1/2 of a
clerk dispatcher.
9030 - GAS TAX /STREET CONSTRUCTION: No changes.
9050 - MEASURE A - The City Manager was authorized to move
the traffic signals for 6th and Pennsylvania to this budget.
9080 - ARTICLE 8 - Will be used in conjunction with Measure A
money.
3. 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 3:57 p.m.,
reconvening to regular session at 4:54 p.m.
Let the record show no action was taken in closed session.
4. Action on Budget Related Items.
The City Manager presented requests for additional personnel
as submitted by various departments, giving his
recommendation concerning these requests.
Mayor Connors requested that an Assistant City Manager and
secretary be added to the list of additional personnel for
consideration, with discussion following this request.
Addition of Assistant City Manager and Secretary.
Motion by Council Member Bauer, second by Council Member
McLaughlin, to proceed to renovate Room 12 for the necessary
space, and hire an Assistant City Manager and a secretary
starting February 1, 1991.
AYES: Council Member Bauer, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
Page 3
Beaumont City Council
� Iy 6, 1990
ABSTAIN: None.
ABSENT: Council Member Leja.
Mayor Connors then brought the question of hiring a Passnet
officer before the Council, with a request the Council
consider hiring a full time Passnet officer, thereby giving
Beaumont two Passnet officers on the Passnet team. The cost
for adding this officer would be $38,250.00.
ADDITION OF PASSNET OFFICER.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to add one Passnet Officer starting September 1,
1990.
AYES: Council Member Bauer, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Leja.
It was determined by the Council that additional personnel
for the vehicle maintenance department and planning
department would be reviewed at a later date.
The meeting was again recessed to closed session pursuant to
Government Code Section 54957.6 Regarding Labor Relations
Matters at 5:17 p.m., reconvening to regular session at 5 :27
p.m.
Let the record show that after reviewing the memoranda of
understandings the Council is prepared to take action on the
agenda of July 9, and direct staff to prepare Resolution
1990 -27 for the City Manager's salary of $70,200.00, with
deferred compensation share of 7 %.
The City Manager requested the Council consider approving the
fire contract prior to adoption of the budget so the contract
could be signed and returned to the County without further
delay.
Approval of Fire Contract.
Motion by Council Member McLaughlin, second by Council Member
Bauer, to authorize signing of the contract for fire services
prior to adoption of the budget.
AYES: Council Member Bauer, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Leja.
There being no further business to come before the Council,
on motion by Council Member Bauer, the meeting was adjourned
at 5 :29 P.M.
Respectfully submitted,
445���
Robert J. Bounds,
City Clerk
Page 4
BEAUMONT CITY COUNCIL
MINUTES OF.
JULY 9, 1990
The Beaumont City Council met in a regular meeting at 7s00 P.M., on
Monday, July 9, 1990, 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 Council Member Parrott, who then led the
Pledge of Allegiance to the Flag.
1. Clerk's Affidavit of Posting.
The Clerk's Affidavit of posting the agenda was read into the
record by the Deputy City Clerk.
2. Adjustments to Agenda
The City Manager requested that Agenda Item No. 4 be continued to
July 23, 1990, as the traffic study has not been completed. There
were no objections from the Council.
3. ORAL COMMUNICATION:
There was no one requesting to speak during oral communication.
4. Consideration of Request from Jacquet's SwapMeet for Traffic
Control at Intersection of 6th Street and Xenia Avenue.
(Continued from June 25, 1990).
This agenda item was continued to the regular meeting of July
23, 1990 under adjustments to agenda.
5. Presentation and Request for Funds by Inland Empire Space Systems
Division Relocation Group in their Efforts to Attract the Space
Systems Division to March AFB, and to Keep the Ballistic Missile
Organization at Norton AFB. Presentation by Lew Weaver and
General Richard Burpee.
Presentations were given by Mr. Lew Weaver and General Richard
Burpee, representing the Inland Empire Space Systems Division
Relocation Group, giving background information concerning past
and future efforts to have the Space System Division moved to
March Air Force Base from Los Angeles Air Force Base, and to keep
the Ballistic Missile Division at Norton Air Force Base.
Included in the presentations was a request for $5,000.00 from the
City to assist in funding future efforts, (which will include a
trip to Washington D.C. to meet with Congressional
representatives and preparation of a promotional package for
promotion of the March Air Force Base site), and adoption of a
Resolution in support of their efforts.
Favorable comments were made by all Council Members.
Motion by Council Member McLaughlin, second by Council Member
Bauer, to approve a donation of $5,000.00 to the effort to attract
the Space Systems Division to March Air Force Base, and direct
staff to prepare a resolution of support.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Page 1
eaumont City Council
:uly 9, 1990
The meeting was recessed at 7:29 P.M., reconvening at 7:38 P.M.
6. Authorization to Call for Bids for Renovation of Multi- Purpose
Room.
A staff report was received from the City Manager with a
recommendation to authorize calling for bids for the renovation of
/ \ the multi - purpose room. Mr. Bounds' full report is a matter of
record in the Clerk's file.
Motion by Council Member Bauer, second by Council Member Parrott,
to authorize the City Manager to call for bids for the renovation
of the multi - purpose room.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
7. RESOLUTION NO. 1990 -26 - Authorizing the Signing and Execution of
the Memoranda of n erstanding 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.
The City Manager presented his report, with a recommendation to
adopt Resolution No. 1990 -26.
There were no comments or questions from the Council.
Motion by Council Member Bauer, second by Council Member
McLaughlin, to adopt Resolution No. 1990 -26.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
8. RESOLUTION NO. 1990 -27 - Establishing the Salary and Benefits for
the City Manager.
This resolution was placed on the agenda at the request of the
Council, and no comments were made by the Council.
Motion by Mayor Connors, second by Council Member Bauer, to adopt
Resolution No. 1990 -27, establishing the salary and benefits of
the City Manager at $70,200.00 a year, with 7% deferred comp.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
9. ORDINANCE NO. 685 - FIRST READING - An Ordinance of the City
Council of the City of Beaumont, California, Repealing Chapter
8.32 of the Beaumont Municipal Code, and Adding Chapter 8.32
Entitled Nuisances.
Motion to Read Ordinance No. 685 by Title Only.
Motion by Council Member McLaughlin, second by Council Member
Bauer., to read Ordinance No. 685 by title only.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
Page 2
aumont City Council
Duly 9, 1990
NOES: None.
ABSTAIN: None.
ABSENT: None.
The proposed ordinance dealing with nuisances was reviewed with
the Council by the City Attorney, who then answered questions from
the Council. Mayor Connors had several specific questions which
resulted in certain changes being made to the ordinance. These
changes were noted by the City Attorney, and a corrected ordinance
will be submitted for the second reading.
The Ordinance was read by title only by the Deputy City Clerk.
Motion to Approve Ordinance No. 685 at its first reading.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to approve Ordinance No. 685 at its first reading.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
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
Z a c sidered as a separate item.
Approval of Minutes of Regular Council Meeting of June 25,
1990.
b. Approval of Warrants as Audited per Warrant List of July 9,
1990, in the amount of $212,388.29; and Payroll of June 21,
1990, in the amount of $60,204.94.
C. Consideration of Approval of Title III -B Agreement with County
of Riverside Office on Aging for FY 1990 -91, and Authorization
for Mayor to Execute Same.
Motion by Council Member McLaughlin, second by Council Member
Leja, to adopt the Consent Calendar as presented.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Date Set for Next Regular Council Meeting, Monday, July 23, 1990, 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 8:33 P.M.
Respectfully submitted,
I —) e�wjc. el e_�
Robert J. Bounds,
City Clerk
Page 3
uv�
BEAUMONT CITY COUNCIL
MINUTES OF
JULY 23, 1990
The Beaumont City Council met in a regular meeting at 7 :00 P.M., on
Monday, July 23, 1990, 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 City Manager Bounds, who then led the
Pledge of Allegiance to the Flag.
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. TENTATIVE PARCEL MAP 25090 (89 -PM -2) AND INTENT TO ADOPT NEGATIVE
DECLARATION 90 -ND -3. Applicant: K -I Investments. Location:
North side of 4th Street extension, 2,640 feet west of California
Avenue. The proposed division of 61.65 acres into three parcels.
Stephen Koules, Director of Community Development, presented his
report, with a recommendation from the Planning Commission for
approval.
The public hearing was opened at 7 :04 P.M.
There were no requests to speak.
The public hearing was closed at 7:05 P.M.
a. Consideration of Adoption of Negative Declaration 90 -ND -3.
There were no comments or questions from the Council.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to adopt Negative Declaration 90 -ND -3.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
b. Approval of Tentative Parcel Map 25090 (89- PM -2). Applicant:
K -I Investments. Location: North side of 4th Street
extension, 2,640 feet west of California Avenue.
There were no comments or questions from the Council.
Motion by Council Member McLaughlin, second by Council Member
Leja, to approve Tentative Parcel Map 25090, (89- PM -2), located on
the north side of 4th Street extension, 2,640 feet west of
California Avenue.
Page 1
Beaumont City Council
ly 23, 1990
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
5. PRE - ANNEXATION CHANGE OF ZONE (90 -RZ -1)
NEGATIVE DECLARATION 90 -ND -4. Applicant:
Helon Saab, Inc. Location: West side of
500 feet north of its intersection with
Beaumont Avenue). Proposed pre- annexation
acres from Riverside County W -2 ( Controlle
C -G (Commercial General). (90- ANX- 1 -45).
AND INTENT TO ADOPT
Allied Group, Inc./
Beaumont Avenue about
14th Street. (11867
change of zone on 1.0
d Development) to City
A staff report was received from Stephen Koules, Community
Development Director, with a recommendation from the Planning
Commission for approval.
Mayor Connors opened the Public Hearing at 7:09 P.M., and there
being no one requesting to speak to this issue, closed the Public
Hearing at 7:10 P.M.
a. RESOLUTION NO. 1990 -30 - Consenting and Authorizing Submittal
of Annexation Application of Uninhabited Territory (Beaumont
90- ANX -1 -45.
There were no comments or questions from the Council.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to adopt Resolution No. 1990 -30 for this piece of
property.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
b. Consideration of Adoption of Negative Declaration 90 -ND -4.
There were no comments or questions from the Council.
Motion by Council Member McLaughlin, second by Council Member
Leja, to adopt Negative Declaration 90 -ND -4.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
C. ORDINANCE NO. 686 - FIRST READING - Prezoning 1.0 acres from
County W -2 (Controlled Development) to City C -G (Commercial
General). Applicant: Allied Group, Inc. / Helon Saab, Inc.
Location: 11867 Beaumont Avenue. Annexation 90- ANX -1 -45.
Motion to Read Ordinance No. 686 by title only.
Motion by Council Member McLaughlin, second by Council Member
Leja, to read Ordinance No. 686 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. 686 at its first reading.
Motion by Council Member McLaughlin, second by Council Member
Bauer, to approve Ordinance No. 686 at its first reading.
Page 2
Reaumont City Council
ly 23, 1990
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
6. PRE - ANNEXATION CHANGE OF ZONE 90 -RZ -3 AND INTENT TO ADOPT NEGATIVE
DECLARATION 90 -ND -5. Applicant: City of Beaumont. Location:
South side of westerly extension of 4th Street for a distance of
approx. 2,400 feet, and thence southerly for a distance of approx.
3,000 feet to a point in line with the westerly extension of Davis
Mountain Rd. Proposed pre - annexation change of zone of 113.15
acres from County M -H (Heavy Manufacturing) to City M -L (Light
Manufacturing) (90- ANX- 4 -46).
Stephen Koules again presented his staff report, with Planning
Commission recommendation for approval.
The public hearing was opened at 7:17 P.M.
There was no one requesting to speak to this change of zone or
negative declaration.
The public hearing was closed at 7:18 P.M.
There were no questions or comments from the Council.
a. RESOLUTION NO. 1990 -31 - Consenting and Authorizing Submittal
of Annexation Application of Uninhabited Territory (Beaumont
90- ANX -4 -46.
Motion by Council Member Bauer, second by Council Member Leja, to
adopt Resolution No. 1990 -31 consent and authorizing submittal of
annexation application of uninhabited territory, Beaumont
90- ANX -4 -46.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
b. Consideration of Adoption of Negative Declaration 90 -ND -5.
Motion by Council Member Bauer, second by Council Member Parrott,
to adopt Negative Declaration 90 -ND -5.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
A STAIN: None.
BSENT: None.
C. ORDINANCE NO. 687 - FIRST READING - Prezoning 113.15 acres
from County M -H (Heavy Manufacturing) to City M -L (Light
Manufacturing). Applicant: City of Beaumont. Location:
South side of westerly extension of 4th Street for a distance
of approx. 2,400 feet, and thence southerly for a distance of
approx. 3,000 feet to a point in line with the westerly
extension of Davis Mountain Rd. Annexation 90- ANX -4 -46.
Motion to Read Ordinance No. 687 by title only.
Motion by Council Member Bauer, second by Council Member
McLaughlin, to read Ordinance No. 687 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 3
Mayor Connors.
NOES:
None.
ABSTAIN:
None.
ABSENT:
None.
b. Consideration of Adoption of Negative Declaration 90 -ND -5.
Motion by Council Member Bauer, second by Council Member Parrott,
to adopt Negative Declaration 90 -ND -5.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
A STAIN: None.
BSENT: None.
C. ORDINANCE NO. 687 - FIRST READING - Prezoning 113.15 acres
from County M -H (Heavy Manufacturing) to City M -L (Light
Manufacturing). Applicant: City of Beaumont. Location:
South side of westerly extension of 4th Street for a distance
of approx. 2,400 feet, and thence southerly for a distance of
approx. 3,000 feet to a point in line with the westerly
extension of Davis Mountain Rd. Annexation 90- ANX -4 -46.
Motion to Read Ordinance No. 687 by title only.
Motion by Council Member Bauer, second by Council Member
McLaughlin, to read Ordinance No. 687 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 3
otion
ota on by
to pprove
Beaumont City Council
ply 23, 1990
to Approve Ordinance No. 687 at its first reading.
Council Member Parrott, second by Council Member Bauer,
Ordinance No. 687 at its first reading.
AYES: Council Member
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
END PUBLIC HEARINGS
Bauer, Leja, McLaughlin, Parrott and
7. Consideration of Request from Jacquet's SwapMeet for Traffic
Control at Intersection of 6th Street and Xenia Avenue.
(Continued from July 9, 1990).
Chief John Funston presented the results of the traffic survey
conducted by the Police Department at this location, offering four
options for Council consideration. These options were 1)
installation of four -way stop at 6th Street and Xenia Avenue; 2)
decrease speed zone to 40 MPH; 3) right turn only during swap meet
business hours on north bound Xenia Avenue; and 4) painted
"X- walks" on all corners.
Mayor Connors questioned why they might now consider reducing the
speed to 40 miles per hour, when at the time consideration was
given to reducing the speed on Beaumont Avenue, they were unable
to do so without losing the ability to use radar. Chief Funston
responded that a new law became effective January 1, 1990 whereby
they can reduce the speed down by 5 miles per hour, whereas,
before, they had to go to the next five mile increment up. Upon
completion of the speed survey they are now conducting throughout
the City, they may recommend several reductions.
The City Manager then added his comments and recommendation for a
four -way stop, installation of warning road buttons, and painting
the pedestrian crosswalk.
Council Members Bauer and McLaughlin spoke in favor of this
recommendation.
a. RESOLUTION NO. 1990 -23 - Prescribing Four Way Stop Signs at
the Intersection of 6th Street and Xenia Avenue to Expedite
Traffic Flow and Traffic Safety.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to adopt Resolution No. 1990 -23, prescribing a four
way stop sign at the intersection of 6th Street and Xenia Avenue.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
8. Consideration of Approval of Memorandum of Understanding Between
the County of Riverside and the City of Beaumont Relative to Waste
Generation Study, and Authorizing the Mayor to Execute Same.
The City Manager's report was received, with no questions or
comments from the Council. This report is a matter of record in
the Clerk's file.
Motion by Council Member Bauer, second by Council Member Parrott,
to approve the Memorandum of Understanding between the County of
Riverside and the City of Beaumont relative to the Waste
Generation Study, and authorize the Mayor to execute same.
AYES: C
Council Member B
Page 4
Beaumont City Council
lly 23, 1990
9. Consideration of Award of Bid for Three Seventeen Passenger
Transit Buses.
A report was received from the City Manager indicating only one
bid was submitted, and which met all requirements of the
specifications, therefore, he recommended award of the bid to A -Z
Bus Sales, Inc.
Council Member Parrott asked if the air conditioning in these
buses would be adequate, with the City Manager confirming it would
be.
Motion by Council Member McLaughlin, second by Council Member
Leja, to award the bid to A -Z Bus Sales, Inc., for three (3)
seventeen passenger transit buses, in the amount of $152,210.61.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
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 Council Meeting of July 6,
1990, and Regular Council Meeting of July 9, 1990.
b. Acceptance of Minutes of Regular Planning Commission Meeting
of June 19, 1990.
C. Approval of Warrants as Audited per Warrant List of July 23,
1990, in the amount of $166,675.11; Payroll of July 5, 1990,
in the amount of $64,280.50, and Special Payroll of July 11,
1990, in the amount of $1,161.90.
d. RESOLUTION NO. 1990 -28 - Authorizing Agreement for Suspension
of Public Improvements for Lot 1 of Block 50 of the Amended
Map of the Town of Beaumont. (Quinto - S/W corner of 9th and
Edgar).
e. RESOLUTION NO. 1990 -29 - Determining Fees to be Charged to
Reimburse City for Cost of Registering Bonds and for Cost of
Annual Administration.
f. RESOLUTION NO. 1990 -32 - Adopting Sewerage and Sanitation Fees
Report and Directing that Said Report be Certified to the
County Auditor for Collection on the Tax Rolls.
g. Consideration of Approval of 1) Agreement for Providing
Engineering Services for Modification to Original "Madole
Trunk Sewer and Pump Station Plans Specifications and Cost
Estimates, in an amount not to exceed $726,206; 2) Agreement
for Providing Engineering Services for Sewerage Master Plan,
in an amount not to exceed $85,000; and 3) Agreement for
Providing Engineering Services for Feasibility Study for
Area G (Pump Station or Treatment Facility), in an amount not
to exceed $25,000, Between the City of Beaumont and Almgren
and Koptionak, Inc., Consulting Engineers, and Authorization
for Mayor to Execute Same.
h. Report of Planning Commission Action at Regular Meeting of
July 17, 1990.
Motion by Mayor Connors, second by Council Member McLaughlin, to
adopt the Consent Calendar as submitted.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Page 5
Beaumont City Council
n'ily 23, 1990
Date Set for Next Regular Council Meeting, Monday, August 13,
1990, 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 7:40 P.M.
Respectfully submitted,
Robert J. Bounds,
City Clerk
Page 6
BEAUMONT CITY COUNCIL
MINUTES OF
JUNE 25, 1990
The Beaumont City Council met in a regular meeting at 7:00 P.M., on
Monday, June 25, 1990, 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 Council Member McLaughlin, who then led the
Pledge of Allegiance to the Flag.
1. Clerk's Affidavit of Posting.
The Clerk's Affidavit of posting the agenda was read into the
record by the Deputy City Clerk.
2. Adjustments to Agenda
There were no adjustments to the agenda.
3. ORAL COMMUNICATION:
There was no one requesting to speak during oral communication.
4. Request from Beaumont High School Athletic Booster Club for Refund
of Permit Fees.
The City Manager presented background information concerning the
request from the Booster Club. A copy of his report is a matter
of record in the Clerk's file.
There were no comments from the Council other than asking for
clarification of the reason for requesting a refund of the fees,
with the City Manager indicating they based their request on being
a non - profit organization.
Motion by Council Member McLaughlin, second by Council Member
Leja, to deny the request from Beaumont High School Athletic
Booster Club for refund of permit fees.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: Council Member Bauer.
ABSTAIN: None.
ABSENT: None.
5. Consideration of Request from Jacquet's SwapMeet for Traffic
Control at Intersection of 6th Street and Xenia Avenue.
a. RESOLUTION NO. 1990 -23 - Prescribing an Intersection Stop Sign
at Sixth Street and Xenia Avenue to Expedite Traffic Flow and
14 Traffic Safety.
Chief Funston requested a continuance of this agenda item to the
next regular Council meeting to allow time for additional research
and study by the Police Department.
There being no objections from the Council, this agenda item was
continued to Monday, July 9, 1990.
6. Consideration of Request from Ms. Julia Beust for a Stop Sign or
Traffic Signal, and a Streetlight, at the Intersection of 10th
Street and Cherry Avenue.
Page 1
BEAUMONT CITY COUNCIL
MINUTES OF
AUGUST 13, 1990
The Beaumont City Council met in a regular meeting at 7:00 P.M., on
Monday, August 13, 1990, 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 Leja arrived at 7:04 P.M., and Council Member Parrott was
excused.
The Invocation was given by City Attorney Ryskamp, who then led the
Pledge of Allegiance to the Flag.
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. APPLICATION TO OPERATE TAXICAB SERVICE. Applicant: Pass
Taxi Henry Barnes.
The City Manager presented his staff report with a recommendation
for approval of this permit.
The public hearing was opened at 7:05 P.M.
Mr. Henry Barnes, the applicant, addressed the Council: I am
Henry Barnes, 13174 American Avenue, and I just wish to have this
permit granted for me to drive this taxicab. And I believe there
is the business.
Council Member McLaughlin: Where do you plan to have your main
office located.
Mr. Barnes: It will be there on American Avenue, 13174, at my
home until, you know, I can it going.
Council Member Leja: Are you required to get a special license,
or do we need to clarify all that. A chauffeur's license, or
special license.
Mr. Barnes: No. Just a regular driver's license. I have done
investigated that at the DMV. But I do have to get a for hire
license for my cab, which I investigated that today. I have had
the car weighed, and the fee for that will be $18.00.
Council Member Leja: And, like you said, he is already pursuing
the insurance.
Mr. Barnes: Yes, I already have insurance binded.
Mayor Connors: Have you operated a taxicab service before.
Page 1
Beaumont City Council
August 13, 1990
Mr. Barnes: A long time ago, back in Arkansas.
Mayor Connors: Then you have some experience with it.
Mr. Barnes: Yes M'am.
Mayor Connors: Are you going to be picking up fares in
neighboring areas.
Mr. Barnes: Not unless they - what I am going to do - I am going
to - I have already applied for the permit. Once this is granted
here, then I will go get a permit there, so if someone calls me,
like in Banning, then I can go get them legally. Otherwise I
wouldn't do it.
Mayor Connors: You are not sure if you are going to get a radio.
Mr. Barnes: Yes I will get a radio.
Mayor Connors: Yes. You have just the one taxi that you will be
driving.
Mr. Barnes: Yes m'am. At this time.
Mayor Connors: Yes. Okay. I have no further questions either,
you can sit down. 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 against Item No. 4.
Anyone wishing to speak against Item No. 4. Is there anyone
wishing to speak at all on Item No. 4. Anyone wishing to speak
at all on Item No. 4. We will close the public hearing.
The public hearing was closed at 7:08 P.M.
a. Consideration of Issuance of Permit to Pass Taxi /Henry Barnes
to Operate Taxicab Service in the City of Beaumont.
Motion by Council Member McLaughlin, second by Council Member
Bauer, to issue a permit to Pass Taxi /Henry Barnes to operate
—5e a taxicab service in the City of Beaumont, based on the finding
there are no other cab services in the City and it is in the
public interest, convenience and necessity to issue this permit.
AYES: Council Member Bauer, Leja, McLaughlin and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Parrott.
END PUBLIC HEARINGS.
5. Consideration of Request to Designate Limited Parking on the East
Side of the 900 Block of Beaumont Avenue from the north side of
the U.S. Post Office to the southeast corner of 10th Street.
A staff report was received from the City Manager, a copy of
which is a matter of record in the Clerk's file.
Mrs. Barbara Siddons and Mrs. Helen Holt, business owners at the
location in question, addressed the Council giving background
information concerning their request, and asking for favorable
Council support.
Council Member Bauer said he felt very strongly these people need
the Council's support, and the limited parking is probably the
only recourse for the City, however, he does hope the limited
parking will be enforced once it is in place, as there are other
areas of limited parking in the City that are not enforced.
Page 2
Beaumont City Council
August 13, 1990
Council Members Leja and McLaughlin spoke in favor of
establishing limited parking at this location, with Council
Member McLaughlin agreeing with Mr. Bauer regarding enforcement.
Mayor Connors asked if the City had attempted to talk with the
post office, with the City Manager indicating he had and received
the same lack of cooperation the business owners experienced.
Answering a question from the City Attorney, the City Manager
stated the property is leased by the post office, and staff is
investigating whether or not the post office has obtained permits
for the addition of the mobile unit to be moved onto the property.
He then pointed out that enforcement will necessarily have to be
on a complaint basis, since the City does not have the staff
necessary to check illegal parking on a regular basis, and the
business owners are aware this will be the procedure to follow
for enforcement of the limited parking.
a. RESOLUTION NO. 1990 -36 - Pursuant to Chapter 10.04 of the
Municipal Code of the City of Beaumont, to Designate a
Limited Parking Zone. Location: East side of Beaumont
Avenue for a portion of the 900 Block.
Motion by Council Member Leja, second by Council Member Bauer, to
adopt Resolution No. 1990 -36.
AYES: Council Member Bauer, Leja, McLaughlin and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Parrott.
6. Consideration of Award of Bid for the Construction of Renovations
to the Existing Multi- Purpose Room, City of Beaumont Civic Center.
The City Manager's staff report was received, with a
recommendation for award of the bid to-Duane L. Martin.
There were no questions or comments from the Council.
Motion by Council Member McLaughlin, second by Council Member
suer, to award the bid for renovation of the multi - purpose room
o Duane L. Martin, General Contractor, in the amount of
$123,774, subject to all requirements of the plans and
specifications, to be charged to Account 1450 -6030.
AYES: Council Member Bauer, Leja, McLaughlin and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Parrott.
7. Consideration of Claim Filed by David Sara.
The City Manager presented his report, with a recommendation
to reject the claim based on the findings.
Other than one question from Council Member McLaughlin regarding
the location and City vehicle involved in this claim, there were
no questions or comments from the Council.
Motion by Council Member Bauer, second by Council Member Leja, to
reject the claim based on the following findings.
1. That the documents and evidence reviewed thus far
fails to establish liability on the City of Beaumont.
2. It is impossible to adequately evaluate the claim
without extensive discovery.
Page 3
Beaumont City Council
August 13, 1990
AYES: Council Member Bauer, Leja, McLaughlin and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Parrott.
8. Pass Area Drug Abuse Council Request for Funding for Red Ribbon
Week, October 21 -28, 1990.
Mayor Connors called attention to the letter in the agenda packet
from the Drug Abuse Council explaining the Red Ribbon Week
request, and read that letter into the record.
Favorable comments in support of the Pass Area Drug Abuse Council
and Red Ribbon Week were made by the Council Members.
Motion by Council Member Bauer, second by Council Member
McLaughlin, to donate $2,500.00 to the Pass Area Drug Abuse
Council for Red Ribbon Week, October 21 -28, 1990.
AYES: Council Member Bauer, Leja, McLaughlin and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Parrott.
9. ORDINANCE NO. 685 - SECOND READING - Repealing Chapter 8.32 of
The Beaumont Municipal Code and Adding to the Beaumont Municipal
Code Chapter 8.32 Entitled Nuisances.
Motion to Read Ordinance No. 685 by Title only.
Motion by Council Member Bauer, second by Council Member
McLaughlin, to read Ordinance No. 685 by title only.
AYES: Council Member Bauer, Leja, McLaughlin and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Parrott.
The Ordinance was read by title only by the Deputy City Clerk.
Mayor Connors questioned Section 8.32.350 on Page 8, "Fire Chief
or named designee ", with the City Attorney clarifying this was a
change made at the first reading.
There were no other questions or comments from the Council.
Motion to Adopt Ordinance No. 685 at its second reading.
Motion by Council Member McLaughlin, second by Council Member
Bauer, to adopt Ordinance No. 685 at its second reading.
AYES: Council Member Bauer, Leja, McLaughlin and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Parrott.
10. ORDINANCE NO. 686 - SECOND READING - Prezoning 1.0 acres from
County W -2 (Controlled Development) to City C -G (Commercial
General). (90- RZ -1). Applicant: Allied Group, Inc. /Helon Saab,
Inc. Location: 11867 Beaumont Avenue. (Annexation 90 -ANX-
1-45).
Motion to read Ordinance No. 686 by title only.
Motion by Council Member McLaughlin, second by Council Member
Bauer, to read Ordinance No. 686 by title only.
Page 4
Beaumont City Council
August 13, 1990
AYES: Council Member Bauer, Leja, McLaughlin and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Parrott.
The Ordinance was read by title only by the Deputy City Clerk.
There were no questions or comments from the Council.
Motion to Adopt Ordinance No. 686 at its second reading.
Motion by Council Member Bauer, second by Council Member
McLaughlin, to adopt Ordinance No. 686 at its second reading.
AYES: Council Member Bauer, Leja, McLaughlin and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Parrott.
11. ORDINANCE NO. 687 - SECOND READING - Prezoning 113.15 acres from
County M---H---7—Heavy Manufacturing) to City M -L (Light
Manufacturing). Applicant: City of Beaumont. Location: South
side of westerly extension of 4th Street for a distance of approx.
2,400 feet, and thence southerly for a distance of approx. 3,000
feet to a point in line with the westerly extension of Davis
Mountain Rd. Annexation 90- ANX -4 -46.
Motion to Read Ordinance No. 687 by title only.
Motion by Council Member Bauer, second by Council Member Leja, to
read Ordinance No. 687 by title only.
AYES: Council Member Bauer, Leja, McLaughlin and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Parrott.
The Ordinance was read by title only by the Deputy City Clerk.
Motion to Adopt Ordinance No. 687 at its second reading.
Motion by Council Member McLaughlin, second by Council Member
Bauer, to adopt Ordinance No. 687 at its second reading.
AYES: Council Member -Bauer, Leja, McLaughlin and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Parrott.
12. ORDINANCE NO. 688 - FIRST READING - Repealing Section 17.60.200
of the Beaumont Municipal Code and Adding to the Beaumont
Municipal Code Sections 17.60.200 and 17.60.210, Dealing with
Non - Conforming Signs.
Motion to Read Ordinance No. 688 by title only.
Motion by Council Member McLaughlin, second by Council Member
Bauer, to read Ordinance No. 688 by title only.
AYES: Council Member Bauer, Leja, McLaughlin and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Parrott.
The Ordinance was read by title only by the Deputy City Clerk.
Page 5
13.
Beaumont City Council
August 13, 1990
A report was received from Community Development Director Stephen
Koules, with additional comments by the City Attorney.
Patsy Ree ley , 11105 Sunnyslope, addressed the Council, speaking
basically in favor of the Ordinance, but disagreeing with
statements made by the Community Development Director that no
signs had been approved that does not comply with the Ordinance,
as she has personally pointed out both new signs and existing
signs, nineteen in all, which were non - conforming and did not
have permits. In addition, there have been businesses that have
changed hands and erected new signs, or painted over the old
ones, which the Council had stated previously would not be
permitted. She then suggested the City follow San Bernardino's
lead and charge a $25.00 inspection fee to fund the sign
ordinance.
She concluded with the statement the City should stick with the
Ordinance, clean up the City with old signs coming down and new
signs put up that conform with the new ordinance.
Richard Reeley, 1038 Beaumont Avenue, addressed the Council in
favor of the Ordinance, but indicating that allowing signs prior
to January, 1988 to be legal, would mean Beaumont will continue
to be unappealing to new businesses. Without enforcement of the
Ordinance, the City will continue to look as bad as it does now.
Oscar Leeb, a local sign painter, addressed the Council speaking
neither in favor or opposition to the Ordinance, but making the
statement he had not seen many obnoxious signs in the City, and
that he felt input should have been received from local sign
painters before this ordinance was prepared. He stated further
it is very important for businesses to have the right sign, and
if the City gets too restrictive in the sign ordinance it could
be harmful to businesses in their attempt to encourage business.
Mayor Connors clarified for Mr. Leeb this ordinance deals with
non - conforming signs, and the sign ordinance has already been in
place for some time concerning size, etc. All the City is
trying to enforce are the non- conforming signs.
Discussion followed between Mr. Leeb and Mayor Connors regarding
the advisability or inadvisability of having no restrictions on
signs, or handling each sign individually.
Additional comments were received from the City Attorney relative
to problems involved in dealing with signs, specifically
constitutional rights.
Council Member Mclaughlin also made brief comments regarding the
necessity to have something uniform in dealing with signs.
Motion to Approve Ordinance No. 688 at its first reading.
Motion by Council Member Bauer, second by Council Member
McLaughlin, to approve Ordinance No. 688 at its first reading.
AYES: Council Member Bauer, Leja, McLaughlin and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Parrott.
RESOLUTION NO. 1990 -39 - In Support of the Development of a Super
Speed Train Between Nevada and California.
The City Manager's report was received with a recommendation for
adoption of Resolution No. 1990 -39.
There were no questions or comments from the Council.
Page 6
Beaumont City Council
August 13, 1990
Motion by Council Member Bauer, second by Council Member
McLaughlin, to adopt Resolution No. 1990 -39.
AYES: Council Member Bauer, Leja, McLaughlin and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Parrott.
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.
�. Approval of Minutes of Regular Council Meeting of July 23,
1990.
/b Approval of Warrants as Audited per Warrant List of August
13, 1990, in the amount of $387,010.73; and Payroll of July
19, 1990, in the amount of $66,827.73.
,lb. Request from City Attorney for Authorization to Attend League
of California Cities Annual Conference in Anaheim October 21-
24, 1990.
�-/d. RESOLUTION NO. 1990 -34 - Ordering Abandonment and Vacation of
An Easement for Public Sewer Purposes. (Tract 25090,
Coussoulis).
RESOLUTION NO. 1990 -35 - Approving Final Parcel Map No. 25090
and Authorizing Recordation Thereof with Riverside County
Recorder.
�'/f. RESOLUTION NO. 1990 -37 - Designating the Riverside County
Transportation Commission to Prepare the County Congestion
Management Program.
g. RESOLUTION NO. 1990 -38 - In Support of H.R. 5008 To Amend the
Federal Deposit Insurance Act.
Motion by Council Member McLaughlin, second by Council Member
Leja, to adopt the Consent Calendar as presented.
AYES: Council Member Bauer, Leje, McLaughlin and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Parrott.
1`5. Set Date for Review of Proposed FY 1990 -91 Budget.
By consensus of the Council, the date of August 21, 1990, at 9:00
a.m., was set for review of the proposed FY 1990 -91 budget.
1 Discussion Relative to Council Meeting of September 10, 1990.
The City Manager called attention to the fact the September 10
Council Meeting falls on a City holiday, with the recommendation
to consider cancelling the meeting and calling a Special Meeting
if there are agenda items requiring immediate Council attention.
This will be placed on the next agenda for action by the Council.
Date set for next regular Council Meeting, Monday, August 27,
1990, 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 8:13 P.M.
Resp ,g5tfully submitted,
Page 7 City Clerk
BEAUMONT CITY COUNCIL
MINUTES OF
SPECIAL MEETING OF AUGUST 219 1990
The Beaumont City Council met in a special meeting at 9 :00 A.M., on
Tuesday, August 21, 1990, in the City Council Chambers, with Mayor
Connors presiding.
On roll call the following Council Members were present: Leja,
McLaughlin, Parrott and Mayor Connors. Let the record show Council
Member Bauer was excused.
1. Clerk's Affidavit of Posting.
The Clerk's affidavit of posting the agenda was read into the
record by the Deputy City Clerk.
2. Review of Proposed 1990 -91 Budget.
Mayor Connors indicated the Council had already gone through the
budget page by page and clarified what they wanted in it. She
asked if any Council Member had questions regarding the budget
at this time. There being no questions from members of the
Council, Mayor Connors asked for comments from the City Manager.
Mr. Bounds called attention to a number of items which have come
up since their last review of the budget, as follows:
1450 - General Government.
Request for ten additional tables for use in the gymnasium when
rented to groups and organizations. This will be funded from
payments made by S.H.A.R.E. for use of the tables. The amount
to be added to the budget for these tables is $490.00 for ten
eight foot tables.
7000 - Transit.
Request for additional half clerk- dispatcher, with the
anticipation that if the City of Beaumont starts the Calimesa
run, this would become a full -time position. The amount needed
in the budget for this position would be $10,632.00 from transit
Article 4 money, with the County giving us one -half of this
amount since they have agreed to pay half of the budget because
of our providing service to Cherry Valley.
Due to the fact that over $160,000 was received from RCTC, and
only $152,372 is needed for the three new buses as a result of
the bid received, RCTC has agreed for the City to use the
remainder of the funds to upgrade the air conditioning in two of
the existing buses. It will be placed in the City's budget,
however, it will be paid for with the money from RCTC.
2050 - Police Department.
Due to the extra time required of the City's police officers,
because of the special street gang operation, the City Manager
recommended that an additional $20,000 be added to the police
department budget for overtime, for a total of $45,000, with
authorization to go over budget if necessary.
Council Member McLaughlin commented he felt the budget should
be increased to $50,000.
9030 - Gas Tax /Street Construction.
Street overlay work is listed at $150,000. Matich Corporation
Page 1
Beaumont City Council
August 21, 1990
has offered to extend the 1987 contract at no increase in cost
until December 31, 1990, with the understanding it can be
terminated with thirty day notice. This means the City can get
the necessary overlay work done at the 1987 price, a
considerable savings to the City.
Since this has occurred, the City Manager asked that another
$150,000 be added in order to get additional work done while the
price is right. This will be funded by gas tax money.
The WDS Development at 14th and Palm is being required to
extend North Palm Avenue to the end of their property. With
this in mind, the City Manager asked for authorization to add
$80,000 to this budget in order to extend North Palm Avenue from
the WDS property line to the proposed Cougar Mountain Apartments
at Cougar and Palm while the City can benefit from the bid given
to the contractor for WDS by Matich Corporation, which Matich
has agreed to.
The Auditor - Controller's office has indicated the City is
authorized to perform work so long as it qualifies under the gas
tax legislation, and this project would qualify.
This would give the City the badly needed connection of Palm
from 14th Street to Cougar Way.
Additional Personnel.
Mr. Bounds indicated that the requests for additional personnel
by the Community Development Director and the Vehicle
Maintenance Superintendent were to be discussed at a later date
by the Council. Insofar as the additional personnel for the
Planning Department and Public Works Department are concerned, a
fee study was to be brought back to the Council to consider the
possibility of increasing fees, thereby generating additional
revenue to cover the cost of additional personnel.
1350 - COMMUNITY DEVELOPMENT - FEE SCHEDULE
Stephen Koules, Director of Community Development, presented the
proposed fee schedule for Planning, Engineering and Public
Works Departments, with explanations concerning the proposed
increases as recommended by his department and the City
Engineer.
Responding to a question from Council Member Leja, Mr. Koules
confirmed he has requested to increase his staff by three
additional planners.
The meeting was recessed at 9:59 A.M., to allow the City Council
time to study the proposed fee schedule, reconvening at 10:15
A.M.
There were comments from the Council that it appeared to be a
fair and reasonable fee schedule, particularly in comparison to
cities of similar size.
Mayor Connors indicated it appeared we might have gotten a name
for undercharging, since some of the increases are five and ten
times the current fee schedule, and wondered if this type of
increase might not be questioned.
The Community Development Director clarified that the Council
should look at the final recommendation by his department for
the fee requested, as many of the fees shown on the City
Engineer's recommendation are much higher than the final fee
included on the draft resolution, and stated further all fees as
presented on the draft resolution are justified.
Page 2
3.
4.
Beaumont City Council
August 21, 1990
Comments were received from the City Manager indicating he is
in favor of these suggested fee increases. He did recommend the
fee for appeal to the City Council from the Planning Commission
should be increased to $150 or $175, to be in line with the fee
to appeal from staff to the Planning Commission.
It was also suggested the fee for street vacation be reduced to
a fee more in line with the procedures required to accomplish
the vacation. It was determined the fee would be reduced to
$300.00.
Mr. Koules advised that a total of $100,000 in additional
revenue, including engineering fees, would be realized by
adoption of the new fee schedule.
1350 - COMMUNITY DEVELOPMENT PERSONNEL
Attention was then directed to the request from Mr. Koules for
additional personnel, with the City Manager recapping what the
cost would be if the total number of personnel requested by
Mr. Koules were approved. The request is for five additional
staff, for a total of $118,451, plus the necessary equipment.
Lengthy discussion followed, with Mr. Koules presenting his
justification for the request and answering questions from all
members of the Council.
At the conclusion of the discussion, the general consensus was
that the total planners for the department will consist of the
following: Two associates and one assistant. Also, one
clerk- typist will be added to the department. Since an
assistant planner is presently in the department, after hiring
on or about October 1, there will be one associate and one
assistant planner. The clerk- typist will also be hired on or
about October 1. On or about February 1 another planner will be
hired. At that time the department will consist of two
associate and one assistant planners.
5050 - VEHICLE MAINTENANCE
The City Council discussed the addition of one equipment
mechanic in the vehicle maintenance department, with a
recommendation from the City Manager to hire this additional
equipment mechanic effective February 1, 1991, at a cost of
$16,065.00. There was a consensus of the Council to accept this
recommendation.
The meeting was recessed at 11:30, reconvening at 11:42.
MISCELLANEOUS DISCUSSION
Mayor Connors asked the possibility of bullet proofing the
windshields of the police vehicles, and if possible, adding
something to the budget to cover the cost, with the City Manager
to check the feasibility of doing this.
Recess to Closed Session Pursuant to Government Code Section
54957 to Meet with its Designated Representative Regarding
Public Employee Personnel Matters.
It was determined there was no need to recess to closed session.
Action on Budget Related Items.
a. Police Department Copier.
Request for authorization to complete the purchase of the
police department copier prior to adoption of the budget,
was approved by consensus of the Council.
b. Security System.
Request for authorization to order the new security system
Page 3
Beaumont City Council
August 21, 1990
for the civic center building prior to adoption of budget
approved by consensus of the Council.
C. Mayor Connors
no objections
City Manager
discussed and
be presented
1990.
recapped all items discussed, and there being
from the Council, direction was given to the
to add all items to the budget which were
agreed upon today, with the final budget to
:o the Council for adoption Monday, August 27,
There being no further business to come before the Council, the
meeting was adjourned at 12 :05 P.M.
Respectfully submitted,
City Clerk
Page 4
BEAUMONT CITY COUNCIL
MINUTES OF
AUGUST 27, 1990
The Beaumont City Council met in a regular meeting at 7:00 P.M., on
Monday, August 27, 1990, 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, who then led the Pledge of
Allegiance to the Flag.
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 Conditions of Approval for Public
Use Permit 90- PUP -3. Appellant: W. W. Brewer, Pastor, Assembly
of God Church. The conditions specifically appealed are the Fire
Department Sprinkler requirements, the City Engineer driveway
approach requirements, and clarification of City Engineer
requirement 3.03 regarding grading and utility trenching.
Location: 1164 Beaumont Avenue. Project Descriptions 5,200
sq.ft., two -story sanctuary building addition to an existing
church complex and additional parking spaces on 2.52 acres.
Stephen Koules, Director of Community Development, advised of a
unanimous vote by the Planning Commission to approve staff's
recommendation of approval of the proposed use subject to the
conditions of approval recommended by the City Engineer. He then
indicated the appeal of the applicant is now before them taking
issue with those conditions as well as conditions required by the
Fire Department. He called attention to the fact that both the
City Engineer and representatives of the Riverside County Fire
Department were present to discuss their specific conditions.
The public hearing was opened at 7:05 P.M.
Mr. Paul L. Ferguson, architect for the Beaumont Assembly of God
Church, spoke on behalf of the appeal: Madame Chairman and
Members of the Council, as well as the guests who are here, I am
Paul L. Ferguson, architect for the Beaumont Assembly of God
Church, which is situated at 1164 Beaumont Avenue, Beaumont,
California. My office is at 505 LaMirada Drive in Hemet. My
phone number is (714) 658 -5401.
I do nothing in architecture but church related projects. I would
like to ask, if I might, I had this - my response divided in two
divisions here. One to speak with regards to the City Engineer's
requirements, and the other with regards to the Fire Department
report. Which would you - do you wish - is it your wish that we
proceed as I have it outlined here, presenting the argument of the
City Engineer's report first.
Page 1
^eaumont City Council
,ugust 27, 1990
Mayor Connors: What we would like for you to do, however you wish
to do it, is to tell us what it is you are appealing, and why.
Mr. Ferguson: We are appealing, as I think the agenda states, we
are appealing specifically the engineer's requirement for the
realignment of the driveways - the approaches to be realigned to
directly enter into the driveways, and we are appealing that
because we do not believe it is in the best interests of safety
for the church to have a direct approach into the driveway. And
the client would certainly prefer, much prefer to have it as is,
as the plot plan appears. We have not any logical reason that has
been presented that it should be aligned straight, before the
proposition of helping prevent excessive speed in the driveways.
It is the judgment of the client, and I share that judgment, that
a little negotiation in and out of those long, relatively long
driveways would help to prevent speed and save lives, because
small children or adults have very little opportunity of survival
if they happen to dash out in front of a car as they are passing
from their parking places to the church. Now that is the one
thing we wanted to appeal.
The other was just the clarification, and Mr. Dotson did clarify
to me verbally on the night of the hearing - after the hearing -
that the continuous employment, and I am probably not saying that
exactly right - but to have a geotechnical engineer continuously
surveying surveillance on the project, and I did want - I wanted
clarification on that for continuous if it is taken as - by this
hearing - taken as Mr. Dotson explained to me - that it would be
under his supervision, but he would not necessarily need be there
around - the -clock twenty -four hours, and this is the thing we were
opposed to, was thinking that would give the liberty for a
geotechnical engineer to be on the clock twenty -four hours in
time.
So, those are the items we wish to appeal, and I think the plot
plan - there is one other suggestion and that is that at Mr.
Dotson's own suggestion to me, there were a couple of items
revised in the approach to the parking places, and those have been
done, and this is what the appeal is to the City Engineer. And I
don't know what else you would like. If you want to consider
that. I made all of the statements at this point in time that I
care to because I have stated the client's position on the
driveway approaches.
Mayor Connors: Okay, thank you. Do any of the .. Mr. Bounds.
City Manager: It would be wise for you to get his whole appeal.
He is still holding one back. The fire department.
Mayor Connors: The sprinklers?
Mr. Ferguson: I am sorry I . . .
Mayor Connors: The sprinklers, you haven't given us
Mr. Ferguson: No, no, because that isn't under the Engineer's
report. That is the Fire Department's report.
Mayor Connors: But we asked you to give us the reasons for your
appeal, so would you continue.
Mr. Ferguson: Yes, okay. The reason for the appeal for the
sprinklers is that I was informed, and I believe it to be
accurate, that the City of Beaumont is operating under 1988
Uniform Building Code. And this building code, the Uniform
Building Code 1988, is a product of the International Conference
of Building Officials. ICBO. And this product comes from their
annual convention, which is representatives - which is composed of
representatives in the building trades, of the building officials
throughout the United States, including such cities as New York,
San Francisco, Los Angeles, on and on and on, San Bernardino and
Riverside. Any other city and town that is incorporated.
Page 2
Mayor Connors: Mr. Ferguson,
sprinklers a problem for you.
saumont City Council
August 27, 1990
how is the requirement on the
Mr. Ferguson: Because, if you would like for me to present our
objection to that, there are two - three. You will find that in
page 2 of my presentation. Just below the middle section. I want
to say this - the Uniform Building Code will permit this church
project to be constructed as proposed with Type 5 one hour fire
resistant construction throughout. Without the installation of
sprinklers or separation walls. We object to installing
sprinklers for three reasons. The first reason is statistical
records show an amazing malfunction occurrence in approximately
one percent of cases causing expensive water damage without any
cause because it is a malfunction.
Number two, weather conditions here subject the entire
installation to freezing temperatures, rendering the entire system
inoperative, resulting in costly repairs and down time.
Number three, the cost of installation may exceed $25,000, and
cause disruption of traffic on Beaumont Avenue. And since this is
not a commercial group for profit from business, and is only a
service institution, providing a religious, benevolent and
humanitarian service to this City, we believe it is inappropriate
and unfair to require such for this project because the Uniform
Building Code does not require it. We therefore respectfully,
but urgently, request this recommendation by the Riverside County
Fire Department report, Items 3, 5, 6 and 7, to be deleted from
the conditions of approval for construction of this project.
Now there is the reason, because the Uniform Building Code, which
is a compilation of index studies, tests, authorization - anyone
who is familiar with the Uniform Building Code know where it comes
from, and what it represents, and it is across the country, the
whole United States, and they, in the ICBO conferences, they
consider construction, they consider drainage, grading, fire,
every aspect of the construction and the service of those
structures, and they are dealt with in the Uniform Building Code.
And so is the matter of fire, but it is not dealt with in the
light of Ordinance 546, which is a County ordinance that was
originated for the express purpose, and I quote from their own
document, of serving the unincorporated areas of the County.
And I submit to you that there is a vast difference between the
unincorporated of the County - the areas of the County that is
unincorporated where it may be miles away from other service -
stations - from the Beaumont situation. I have had many hours -
no, perhaps not many hours, but hours of conversation with Mr.
Grey, Mike Grey, who is a very - and I want to commend Mr. Grey
for his knowledge and certainly his attitude, and the approach to
him, and we both realize the difference that we are up against
here. But the Uniform Building Code, 1988 edition, which is in
effect in the City of Beaumont, and adopted as the standard for
construction, does not require it, and it would not require a
separation wall or a sprinkler system until we far exceed the
square footage and the conditions under which that we are
proposing to build.
Mayor Connors: Okay. Are there any questions from the Council
Members for Mr. Ferguson. Okay, thank you sir. We have a request
to speak in favor of the appeal from Roger Berg. Would you come
forward and state your name and address for the record. Mr. Berg
states he is representing himself.
Roger Berg: My name is Roger Berg, 1164 Euclid, I live just
within a little less than 300 feet of the development, and as you
know I am on the Planning Commission, therefore, I did not act on
this project. I am speaking as myself as a concerned resident.
I for one, I am pretty sure that water line is on the west side of
Page 3
Beaumont City Council
August 27, 1990
Beaumont Avenue. I wouldn't like to see that street torn up to
run a line across to serve that sprinkler system because the
street is in good repair, and every time you tear into it you make
another problem for it. Create a lot of traffic congestion, and I
was on the fire department at the time back in 1978 when we went
in with the County, and my understanding when we went into that
contract that our codes and ordinances stay in effect. There may
be conflicts, I don't know, but I have a question I would like to
ask. Has the City adopted this ordinance as part of the City
ordinance, the County fire ordinance. That is the question I had.
I don't think there is another church in town that has had to put
up with this requirement, or even in the City of Banning, where my
church is. We put a recent addition on, and we didn't have to
sprinkler it.
Now these people are doing something good for the community. They
take care of a lot of kids and stuff in there, and they don't
create any problems. The place is going to be used once or twice
a week, and there is no smoking in there, and 1 think if the
Council could they would take another look at it and maybe help
these people out to keep their costs down. I also, so far as that
driveway, in the thirteen years I have lived by there, I have only
witnessed one minor accident in and out of there, and it wasn't
due to no fault of someone entering the church, and I think it
would keep the traffic flow down if they kept the driveways as
they were. So they could slow the traffic down in there. Thank
you.
Mayor Connors: Roger, you said there was another church that had
just had an addition built on recently.
Mr. Berg: Not in Beaumont in the last two years, that 1 know of.
Mayor Connors: You said a church that you went to.
Mr. Berg: Oh, in Banning. In Banning. We didn't have to
sprinkler ours. We put on over 5,000 sq.ft.
Mayor Connors: But it is in Banning.
Mr. Berg: It is in Banning. I don't know if there is some
building done recently in Beaumont - metal buildings and such -
that may not have been sprinklered - the ordinance - 3600 feet or
something - the County ordinance - I am not sure. For sprinkling.
There are some houses that are planned to be developed here
probably in the near future that probably almost that big or
bigger. So it is not a very big area.
City Manager: We are sprinkling all as required by code.
Mr. Berg: Excuse me.
City Manager: We are sprinkling all required by code.
Mr. Bergs All what.
City Manager: All construction in the City.
Mr. Berg: All - new homes too.
City Manager: Yeah. We haven't built that big a house . . .
Mr. Berg: Well I think you will probably be getting some. You
are probably going to run into some. But 1, you know, my personal
opinion is that I think that possibly we are going too far in the
cost. This is going to be pretty prohibitive for someone to come
up with. That is quite a large amount of money.
Mayor Connors: Do any of the Council Members have questions for
Mr. Berg. All right. Thank you. Is there anyone else wishing to
Page 4
3eaumont City Council
August 27, 1990
speak in favor of the appeal. Anyone else wishing to speak in
favor of the appeal. Is there anyone wishing to speak against the
appeal. Anyone wishing to speak against the appeal. Is there
anyone wishing to speak at all on Item No. 4.
Mr. Ferguson: I would just like to clarify our appeal on the
basis of - if I have read correctly, and I have a copy of it here,
the fire department's report on this case. The report was July
149 1990, and it says with respect to the conditions of approval
regarding the above referred plot plan, the fire department
recommends, and if I understand terminology, recommendation is not
mandate. And I have not found any place where - I have not found,
it may exist, but I have not found anyplace where this has been
legally taken away from the Uniform Building Code's standards and
requirements, and, therefore, since this was a recommendation from
the County Fire Department, it was not, therefore, then, in my
judgment, or in the client's judgment, obligatory upon this body
to accept it. It was a recommendation.
Mayor Connors: Okay. Thank you. Is there anyone else wishing to
speak at all on Item No. 4.
W. W. Brewer, the appellant: I am W. W. Brewer, I am at 9580
Rancho Drive, Cherry Valley, and I am the pastor of the Assembly
of God Church at 1164 Beaumont Avenue. 1 heartily agree with what
Mr. Ferguson has said. We talked it over at length at times, and
we feel like that it is not necessary particularly, and that it is
just a great big added expense to us, and we are just a - we are a
good, growing congregation with a lovely group of young people,
and right now we just met the other night, and said we couldn't
even wait until we got our church built because we had to have
more room. And we are very anxious to get into it, and the less
we have to do, the better we are going to like it, and we just
feel that this is unnecessary, and is an imposition upon us at
this time. Thank you.
Mayor Connors: Is there anyone else wishing to speak on Item No.
4.
City Manager: I have an answer for Roger Berg.
Mayor Connors: We have an answer for Roger Berg's question.
City Manager: On May 11, 1981, an urgency ordinance number 528,
was heard by the Council, with the motion being made by Councilman
Shaw, seconded by Councilman Blankenship, the City Council of the
City of Beaumont adopts Urgency Ordinance No. 528 by title only,
and adopts the County of Riverside Ordinance No. 565 by reference.
And all the Council Members that were on the Council at that time
voted aye for that ordinance.
City Attorney: 565 or 546.
City Manager: 546 is the County . . .
City Attorney: I thought you said 565.
City Manager: I am sorry. The County is 546.
Mayor Connors: Okay. Is there anyone else wishing to speak on
Item No. 4. Then we will close the public hearing.
The public hearing was closed at 7:26 P.M.
James L. Dotson, City Engineer, addressed the Council clarifying
that the geotechnical engineer would be required to make periodic
checks on the project as necessary, not be there continuously, and
he felt this has been clarified for the applicant.
Page 5
Beaumont City Council
August 27, 1990
Mr. Dotson then presented a demonstration regarding the driveways
as justification for his requirement relative to the driveways.
This demonstration involved the use of miniature cars on a layout
of the driveways for the project giving visual impact to his
narrative concerning the increased safety in utilizing the
straight -in driveway approach he has required.
Karen Cudney, Riverside County Fire Department, addressed the
Council reiterating that on May 11, 1981, the City of Beaumont
adopted by reference Riverside County Fire Ordinance 546. She
then made the following statements concerning their requirement
for sprinklers in this building: Based on the construction type
and exposure the required fire flow for this complex will be 1500
gpm. Based on Ordinance 546, it requires the building to be
sprinkled. It is more restrictive than the Uniform Building Code
because of manning. Most municipalities are not augmented by
volunteers as the County Fire system is. The City of Beaumont
depends on volunteers, and you are not always guaranteed volunteer
response.
Responding to a question from Mayor Connors, Ms. Cudney indicated
the requirement for sprinkler is basically based on fire flow of
gallons of water per minute, which usually commutes to any
building greater than 3600 sq.ft. requires a sprinkler system with
type 5 non -rated construction.
Discussion followed the two presentations by staff, with questions
and comments from all members of the Council, and additional
comments from the appellant and his representative. Michael Grey
of the Riverside County Fire Department, then clarified the
process used by the fire department in arriving at their
requirements, and pointed out that he had discussed the
requirements with the architect, giving him options available to
them in lieu of the sprinkler system, and the architect stated the
options were not possible with this building. Based on this
discussion, a computer analysis was again run, with the projection
of a built -in sprinkler system, reducing the fire flow to 1500
gpm, as opposed to 3000 gpm. Had the sprinkler system been
excluded, the fire flow would have had to be increased back to the
original 3000 gpm, and in his opinion, the building would not be
possible under those conditions. In conclusion he stated the only
way the building can be built is if the sprinkler is installed,
reducing the fire flow to an acceptable level, unless the
applicant is willing to build it of a more fire resistant
construction. The water district has indicated it is not likely
they can get 3000 gpm in that area of the City.
The Council continued their discussion concerning both the
driveway and the sprinkler system requirements.
a. Consideration of Approval of Public Use Permit 90 -PUP -3
Sustaining, Reversing or Modifying the Decision of the
Planning Commission.
Motion by Council Member Bauer, second by Council Member
McLaughlin, to deny the appeal of Planning Commission Conditions
of Approval.
AYES: Council Member Bauer, McLaughlin and Mayor Connors.
NOES: Council Member Leja and Parrott.
ABSTAIN: None.
ABSENT: None.
5. INTENT TO ADOPT NEGATIVE DECLARATION 90 -ND -7: Applicants
Assembly of God Church. Location: 1164 Beaumont Avenue. Project
Description: 5,200 sq.ft., two -story sanctuary building addition
to an existing church, complex and additional parking spaces on
2.52 acres.
Page 6
Ieaumont City Council
,ugust 27, 1990
The staff report was received from the Director of Community
Development, with recommendation from the Planning Commission for
adoption of the Negative Declaration.
The public hearing was opened at 8:00 P.M.
There was no one requesting to speak regarding the negative
declaration.
The public hearing was closed at 8 :01 P.M.
There was no discussion from the Council.
a. Consideration of Adoption of Negative Declaration 90 -ND -7.
Motion by Council Member Bauer, second by Council Member Parrott,
to adopt Negative Declaration 90 -ND -7, based on the findings.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
6. INTENT TO ADOPT NEGATIVE DECLARATION 90 -ND -6 - Applicant: Rudy
Zerr. Location: 624 Wellwood Avenue. Project Description:
Proposed Construction of 4,700 sq.ft. Industrial Building on a
14,000 sq.ft. parcel. (90- PP -1).
The Community Development Director presented his staff report,
with a recommendation for adoption of the negative declaration by
the Planning Commission,
The public hearing was opened at 8 :05 P.M.
There was no one requesting to speak regarding this negative
declaration.
The public hearing was closed at 8 :06 P.M.
Mayor Connors asked how the school district's comments regarding
landscaping had been addressed by the negative declaration, with
Mr. Koules responding that the ordinance requires landscaping on
the set -back, and staff feels that with the building set back the
way it is with a thirty foot wide driveway, and landscaping as
shown, especially with the type of ground cover proposed, there
would not be the obscurity the school district is concerned about.
Mayor Connors then called attention to the initial study in the
packet, which indicates in the evaluation this project is subject
to noise over 60 dba, asking if this was noise on a continuous
basis outside of the building. Mr. Koules replied that staff
considered there is a fraction of noise taking place in the
vicinity of this proposal, since it is an industrial building.
But it is felt that is a functional, or tolerable, noise level as
this is a zone which is commercial and light manufacturing. As a
result the use appears to be an innocuous use on a building of
this size.
Discussion continued regarding exactly what noise level a dba is,
and what is considered a continuous period of time.
Mayor Connors questioned advisory note one in the City Engineer's
letter, which suggests the fire walls in the north and south walls
of the proposed building should be checked with the building and
safety department, as they are shown as two hour fire walls, and
the City Engineer feels the code requires them to be four hour
fire walls.
Mr. Koules advised it is his understanding that when a building is
built on the property line, as this one is proposed, four hour
fire walls are required.
Page 7
Reaumont City Council
igust 27, 1990
Mayor Connors then wanted to know if four hour fire walls are a
part of the conditions of approval, with the City Manager
responding in the affirmative by reading the section in the fire
department report pertaining to the requirements for fire
protection, which must be met prior to the issuance of a building
permit.
a. Consideration of Adoption of Negative Declaration 90 -ND -6.
Motion by Council Member McLaughlin, second by Council Member
Bauer, to adopt Negative Declaration 90 -ND -6, based on the
findings.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
END PUBLIC HEARINGS
The meeting was recessed at 8:16, reconvening at 8:23.
7. Consideration of Revocation of Business License No. 04066, issued
to Kamal Barkat d /b /a Sahara Market, 985 Beaumont Avenue, Pursuant
to Section 5.04.140 of the Beaumont Municipal Code.
The City Manager presented his report, reviewing Beaumont
Municipal Code 5.04.140 relative to revocation of business
licenses. He then summarized certain activities at the business
in question which are in violation of Business and Professional
Code and /or state law, as well as alleged criminal activities.
Attorney Ronald Richard, representing the owner of Sahara Market,
addressed the Council at length, concluding - after discussion
with the City Attorney - with a request for continuance of this
matter to allow his office the opportunity to review the specific
items and charges, as well as allowing time to see what the
outcome of the court proceedings are with respect to the criminal
charges against his client. The City Attorney pointed out and
emphasized there are other charges involved in addition to the
criminal charges which must be considered.
There being no objections from the Council, this agenda item was
continued to the regular meeting of September 24, 1990.
8. Consideration of Claim Filed by Abel Martinez.
The City Manager presented his recommendation for rejection of the
claim based on the findings.
Motion by Council Member Parrott, second by Council Member Leja,
t_ to reject the claim based on the following findings:
1. That the documents and evidence reviewed thus far
fails to establish liability on the City of Beaumont.
2. It is impossible to adequately evaluate the claim
without extensive discovery.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
9. Consideration of Adoption of Budget for Fiscal Year 1990 -91.
A recommendation for adoption of the budget was presented by the
City Manager.
Page 8
eaumont City Council
,iugust 27, 1990
Motion by Council Member McLaughlin, second by Council Member
Bauer, to adopt the general fund budget of $4,414,476 and the
budget for all funds of $6,775,068 for Fiscal Year 1990 -91
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
10. Designation of Voting Delegate for League Annual Conference.
Motion by Council Member McLaughlin to designate Mayor Connors as
the voting delegate, and Mayor Pro Tem Bauer as the alternate,
was withdrawn by Council Member McLaughlin, when Mayor Pro Tem
Bauer indicated he would be unable to attend the conference.
` Motion by Council Member McLaughlin, second by Council member
Parrott to designate Mayor Connors as the voting delegate for the
League Annual Conference, with Council Member Leja as the
alternate.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
11. RESOLUTION NO. 1990 -40 - Declaring the Month of September, 1990,
as Drug Awareness Month in the City of Beaumont.
Motion by Council Member Bauer, second by Council Member
McLaughlin, to adopt Resolution No. 1990 -40.
u.� AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
-�" Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
12. RESOLUTION NO. 1990 -41 - To Support the City of Fontana and Kagan
Management Services, Inc. Efforts to Bring a Major Sports and
Entertainment Complex to the Inland Empire.
The City Manager presented his report with a recommendation for
adoption of the resolution.
Motion by Council Member Bauer, second by Council Member Parrott,
to adopt Resolution No. 1990 -41.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
13. RESOLUTION NO. 1990 -43 - Supporting Separation of the Inland
mpire Division of the League of California Cities and Formation
of the Riverside County Division of the League.
Mayor Connors called attention to the information provided to the
Council previously, with Council Member McLaughlin asking for
clarification whether or not this would mean we would be separated
from the League of California Cities. Mayor Connors explained
this was not the case. Riverside County would be separating from
the Inland Empire Division of the League of California Cities,
which includes San. Bernardino County, and forming their own
Riverside County Division of the League of California Cities if
this is approved by all the cities in Riverside County and by the
League of California Cities. If the Riverside County Division of
the League of California Cities is formed, the Mayors' and Council
Members' Conference of Riverside County would be disbanded.
Page 9
Ieaumont City Council
.,ugust 27, 1990
Motion by Council Member Leja, second by Council Member
McLaughlin, to adopt Resolution No. 1990 -43.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
14. RESOLUTION NO. 1990 -44 - Establishing a Schedule of Fees to be
Charged by the Planning, Engineering and Public Works Departments
for Various Services and Rescinding all Previous Resolutions in
Conflict Herewith.
It was pointed out this proposed schedule of fees was discussed at
length at the budget meeting, and the changes requested had been
made. Also, there have been no comments or questions from the
public.
Mr. Koules called attention to two typographical errors which
would be corrected, as well as a typographical error noted by the
City Manager.
Motion by Council Member McLaughlin, second by Council Member
Bauer, to adopt Resolution No. 1990 -44.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
15. RESOLUTION NO. 1990 -45 - Setting Forth an Appropriations Limit for
1990 -91 Consistent with Article XIII B of the California
Constitution and Giving Notice of Availability of Information
Supporting Said Determination.
The City Manager's report was received, a copy of which is a
matter of record in the Clerk's file.
Motion by Council Member McLaughlin, second by Council Member
r Leja, to adopt Resolution No. 1990 -45.
J, AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
16. ORDINANCE NO. 688 - SECOND READING - Repealing Section 17.60.200
oT the Beaumont Municipal Code and Adding to the Beaumont
Municipal Code Sections 17.60.200 and 17.60.210, Dealing with Non -
Conforming Signs.
Motion to Read Ordinance No. 688 by title only.
Motion by Council Member Bauer, second by Council Member
McLaughlin, to read Ordinance No. 688 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 Adopt Ordinance No. 688 at its second reading.
Motion by Council Member McLaughlin, second by Council Member
Leja, to adopt Ordinance No. 688 at its second reading.
Page 10
eaumont City Council
,ugust 27, 1990
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
17. 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
whip,h case the item will be removed from the Consent Calendar and
co sidered as a separate item.
Approval of Minutes of Regular Council Meeting of August 13,
°1990.
C'S. Approval of Warrants as Audited er Warrant List of August 27
P 9 ,
1990, in the amount of $141,968.65; and Payroll of August 2,
Z90, in the amount of $68,225.06.
nsideration of Approval of Amendment to Paving Agreement
with Matich Corporation.
moo,.
c#: RESOLUTION NO. 1990 -42 - Ordering that Unpaid Assessments Due
From Certain Properties Within Assessment District No. 1983 -1
be Collected By Action in Superior Court to Foreclose the
Liens Thereof.
e To Approve a Lease Purchase Agreement with Xerox Corporation
for Xerox 5052 Copier, and Authorize City Manager to Execute
Same.
Motion by Council Member Bauer, second by Council Member Parrott,
to adopt the Consent Calendar as presented.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABA €NTs None.
18. Consideration of Cancellation of Regular Council Meeting of
September 10, 1990, Due to City Holiday.
The City Manager suggested the Council might wish to consider
canceling the first meeting in September, since the normal
meeting day falls on a City holiday, indicating that if there were
important business that needed Council attention immediately, a
special meeting could be called.
Motion by Council Member Bauer, second by Council Member Leja, to
cancel the regular Council Meeting of September 10, 1990.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Date set for Next Regular Council Meeting, Monday, September 24,
1990, 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 9:12 P.M.
Respectfully submitted,
City Clerk
Page 11
BEAUMONT CITY COUNCIL
MINUTES OF
SEPTEMBER 24, 1990
The Beaumont City Council met in a regular meeting at 7:00 P.M., on
Monday, September 24, 1990, in the City Council Chambers, with Mayor
Connors presiding.
On roll call the following Council Members were present: Leja,
McLaughlin, Parrott and Mayor Connors. Council Member Bauer was
excused.
The Invocation was given by City Manager Bounds, who then led the
Pledge of Allegiance to the Flag.
1. Clerk's Affidavit of Posting.
The Clerk's Affidavit of posting the agenda was read into the
record by the Deputy City Clerk.
2. Adjustments to Agenda
The City Manager advised of a request from Riverside County
Economic Development Agency for the addition of an emergency item
to the agenda. The Three Year Cooperation Agreement for CDBG
funds must be amended at the request of HUD. They need this
amendment approved and signed at the earliest date, since no
funding for CDBG projects may be disbursed until all agencies have
signed the amendment.
Motion by Council Member McLaughlin, second by Council Member
Leja, to add consideration of approving the first amendment to the
Three Year Cooperation Agreement for 1991 -1993, with Riverside
County Economic Development Agency, to the agenda as an emergency
item which was received after the agenda was closed, since the
action is needed before the next regular City Council meeting, to
be added to the Consent Calendar as Item No. 14.g.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer.
3. ORAL COMMUNICATION:
There was no one requesting to speak during oral communication.
4. Consideration of Revocation of Business License No. 04066, Issued
to Kamal Barkat d /b /a Sahara Market, 985 Beaumont Avenue, Pursuant
to Section 5.04.140 of the Beaumont Municipal Code. (Continued
from August 27, 1990).
//Ahe City Attorney indicated his office had been in communication
ith Attorney Richard, who has requested this matter be continued.
ttorney Ronald Richard, representing Kamal Barkat, addressed the
ouncil with his formal request for continuance of this item,
to allow them time to talk with Chief Funston relative to the
letter he wrote to the City Council, and due to the fact the
preliminary hearing was continued to Monday, October 1, which will
be a pre -trial hearing to make a determination whether or not they
will go forward with prosecution of the incident.
The City Attorney recommended the matter be continued to the next
Council meeting following the October B meeting.
Page 1
Beaumont City Council
September 24, 1990
There being no objections from the Council, Agenda Item No. 4 was
continued to the next meeting following the October 8 meeting.
5. Consideration of Claims Filed by Brenda C. Walls, Avril L. King
and Daniel R. Lee.
The City Manager presented his report and recommendation for
rejection of these claims based on the findings.
Motion by Council Member McLaughlin, second by Council Member
Leja, to reject the claims of Brenda C. Walls, Avril L. King and
Daniel R. Lee based on the following findings:
1. That the documents and evidence reviewed thus far fails to
establish liability on the City of Beaumont.
2. It is impossible to adequately evaluate the claim without
extensive discovery.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer.
6. URGENCY ORDINANCE NO. 689 - Adding to the Beaumont Municipal Code
Section 17.60.015, Subsection A, the Following Paragraph, Dealing
with the Temporary Outdoor Advertising Displays Resulting from
Government Construction Work.
The City Manager presented background information on this urgency
ordinance, indicating it would cover hardship cases if a
governmental agency has substantially reduced or impaired the
/ vision of an on -site advertising sign, citing as an example when
./ the Beaumont Avenue overcrossing construction starts, the Mountain
View Paint and Decorating store advertising will not be visible
due to the closure of Beaumont Avenue and Third.
Answering a question from Council Member Leja, the City Manager
stated the City would send a letter to any firms involved, and
when the visibility was cured, they would have thirty days to take
down the temporary signs, and the cost of placing these signs
would be born by the businesses involved.
The City Attorney pointed out these would not automatically be 180
day permits, but would be issued dependent on the nature and time
period of the impairment, as a result it might only be a thirty
day permit; and in lieu of an off - site sign, the ordinance
provides that the on -site advertising standards can be modified
with a permit if that would be a better solution than another
off -site sign.
Motion by Council Member Parrott, second by Council Member Leja,
to adopt Urgency Ordinance 689 by title only.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer.
The ordinance was read by title only by the Deputy City Clerk.
Motion by Council Member Parrott, second by Council Member Leja,
to adopt Urgency Ordinance No. 689 at its first reading for the
preservation of public peace, health and safety.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer.
Page 2
r
r'
i
Beaumont City Council
September 24, 1990
There being no objections from the Council, Agenda Item No. 4 was
continued to the next meeting following the October 8 meeting.
5. Consideration of Claims Filed by Brenda C. Walls, Avril L. King
and Daniel R. Lee.
The City Manager presented his report and recommendation for
rejection of these claims based on the findings.
Motion by Council Member McLaughlin, second by Council Member
Leja, to reject the claims of Brenda C. Walls, Avril L. King and
Daniel R. Lee based on the following findings:
1. That the documents and evidence reviewed thus far fails to
establish liability on the City of Beaumont.
2. It is impossible to adequately evaluate the claim without
extensive discovery.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer.
6. URGENCY ORDINANCE NO. 689 - Adding to the Beaumont Municipal Code
Section 17.60.015, Subsection A, the Following Paragraph, Dealing
with the Temporary Outdoor Advertising Displays Resulting from
Government Construction Work.
The City Manager presented background information on this urgency
ordinance, indicating it would cover hardship cases if a
governmental agency has substantially reduced or impaired the
/ vision of an on -site advertising sign, citing as an example when
./ the Beaumont Avenue overcrossing construction starts, the Mountain
View Paint and Decorating store advertising will not be visible
due to the closure of Beaumont Avenue and Third.
Answering a question from Council Member Leja, the City Manager
stated the City would send a letter to any firms involved, and
when the visibility was cured, they would have thirty days to take
down the temporary signs, and the cost of placing these signs
would be born by the businesses involved.
The City Attorney pointed out these would not automatically be 180
day permits, but would be issued dependent on the nature and time
period of the impairment, as a result it might only be a thirty
day permit; and in lieu of an off - site sign, the ordinance
provides that the on -site advertising standards can be modified
with a permit if that would be a better solution than another
off -site sign.
Motion by Council Member Parrott, second by Council Member Leja,
to adopt Urgency Ordinance 689 by title only.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer.
The ordinance was read by title only by the Deputy City Clerk.
Motion by Council Member Parrott, second by Council Member Leja,
to adopt Urgency Ordinance No. 689 at its first reading for the
preservation of public peace, health and safety.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer.
Page 2
Beaumont City Council
September 24, 1990
7. RESOLUTION NO. 1990 -47 - Resolution of Intention to Order
Abandonment of a Portion of California Avenue. Applicant:
Southern California Gas Co. (90- PUP -1)
The City Manager presented his report, a copy of which is a matter
of record in the Clerk's file. It should be noted that attention
was called to the fact abandonment of a street requires a 15 day
notice, therefore, this would normally be noticed For hearing at
the regular meeting of October 22, 1990. However, due to the
League of California Cities annual conference, the meeting of
October 22 will be canceled. Mr. Bounds recommended the Council
consider calling a special meeting for October 29, 1990, and if it
is their desire to call this special meeting, the hearing date for
the abandonment can be shown in the resolution of intention as
October 29, 1990.
Setting Date for Second Council Meeting in October.
Motion by Council Member McLaughlin, second by Council Member
Leja, to set the date for the second meeting in October as a
special meeting on October 29, 1990.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer.
Motion by Council Member Leja, second by Council Member
McLaughlin, to adopt Resolution No. 1990 -47, with a hearing date
of October 29, 1990.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer.
8. RESOLUTION NO. 1990 -48 - Resolution of Intention to Order
Abandonment of a Portion of Edgar Avenue and 9th Street.
Applicant: Ray and Kasey Quinto.
The City Manager again presented his report, a copy of which is a
matter of record in the Clerk's file. He then answered questions
from Council Member Leja concerning 1) this abandonment would have
no affect on the residential street, and 2) that it is very
unlikely the City would need the street back in later years as
this is an 80 foot right -of -way, and the street would not be
feasible for a four -lane road.
Motion by Council Member Leja, second by Council Member Parrott,
to adopt Resolution No. 1990 -482 with a hearing date of October
29, 1990.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer.
9. RESOLUTION NO. 1990 -49 - Resolution of Intention to Order
bandonment of a Portion of Elm Avenue Between Sixth Street and
-10 Freeway.
The staff report concerning this proposed abandonment 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
Leja, to adopt Resolution No. 1990 -49.
Page 3
Beaumont City Council
September 24, 1990
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer.
10. RESOLUTION NO. 1990 -50 - Pursuant to Chapter 10.04 of the
,Municipal Code of Beaumont, to Establish the Westbound and
/Eastbound Lanes of Fourteenth Street for "U- Turn" Traffic Control.
Chief John Funston addressed the Council, presenting the
justification for U -turn traffic control at this intersection.
There were no questions from the Council.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to adopt Resolution No. 1990 -50.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer.
11. Consideration of Appointment of a Beaumont Citizen to the Nuisance
Abatement Board.
A report was received from the City Manager, (a copy of which is a
matter of record in the Clerk's file), during which he emphasized
this was on the agenda as a reminder this appointment must be
made, but realizing they will probably not be prepared to make the
appointment at this meeting.
Council Member Leja indicated she was prepared to nominate a
citizen tonight, however, Mayor Connors felt a notice should be
posted to allow other citizens the opportunity to apply. Council
Members Parrott and McLaughlin concurred with Mayor Connors.
Motion by Council Member Leja, second by Council Member
McLaughlin, to direct the City Manager to post notice of this
appointment, with applications to be received by 5:00 P.M. on
October 17, and the applications to be considered by the City
Council at the special meeting of October 29, 1990.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer.
12. Discussion Relative to Multi Purpose Room Use.
The City Manager presented his request for a decision, (based on
comments made during budget sessions regarding the possibility of
sports activities not being allowed after the renovation), whether
or not basketball and similar sports will be allowed in the
gymnasium when the renovation is complete, since he needs to
advise the contractor if the lines will need to be painted back on
the floor after it is refinished.
Council Members Parrott and McLaughlin spoke in favor of
continuing to allow sports activities, with Council Member Leja
and Mayor Connors expressing an opposite viewpoint. Discussion
continued, with the City Manager and Deputy City Clerk calling
attention to various incidents of damage caused by sports
activities in the past.
Motion by Council Member McLaughlin, second by Council Member
Leja, to not allow organized games requiring sports lines in the
multi - purpose room, and have the floor finished free of lines.
Page 4
Beaumont City Council
September 24, 1990
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer.
13. Consideration of Approval of Proposal to Provide Professional
Engineering Services for the Design of New Traffic Signals, and
Authorization for Mayor to Execute the Agreement.
The City Manager gave background information concerning the need
for these engineering services, which will provide the design for
traffic signals at 6th and Pennsylvania Avenue and at 14th Street
and Beaumont Avenue, with a recommendation to approve the proposal
and authorize the Mayor to execute the agreement.
Responding to a question from Council Member Leja, the City
Manager advised 6th Street and Pennsylvania has the highest
priority due to the fact there are more accidents at this
intersection than any other.
Favorable comments were received from all Council Members.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to approve the proposal of Lawrence S. Eisenhart,
Consulting Engineer, for the design of new traffic signals for the
intersections of Sixth Street and Pennsylvania Avenue and
Fourteenth Street and Beaumont Avenue, in an amount not to exceed
$38,300.00, charged to Account No. 9080 -6020, and authorize the
Mayor to execute the agreement for same.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer.
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 Special Council Meeting of August 21,
1990, and Regular Council Meeting of August 27, 1990.
b
f. Acce p tance of Planning Commission Minutes of
July 17, 1990.
C. Approval of Warrants as Audited per Warrant List of September
24, 1990, in the amount of $116,093.81; Payroll of August 16,
1990, in the amount of $67,968.97, and Payroll of August 30,
1990, in the amount of $71,058.58.
'd. RESOLUTION NO. 1990 -46 - Accepting Offer of Dedication for
Additional Right -of -Way Along First Street and Ordering
Recordation Thereof with the County Recorder.
e. Consideration of Approval of CAL I.D. Regional Network
Agreement, and Authorization for Mayor to Execute Same.
f. Report of Planning Commission Action at Regular Meeting of
September 18, 1990.
Motion by Council Member McLaughlin, second by Council Member
Leja, to adopt the consent calendar as presented.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer.
Page 5
Beaumont City Council
September 24, 1990
Date Set for Next Regular Meeting, Monday, October 8, 1990, 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 8:12 P.M.
Respectfully submitted,
City Clerk
Page 6
BEAUMONT CITY COUNCIL
MINUTES OF
OCTOBER 8, 1990
The Beaumont City Council met in a regular meeting at 7:00 P.M., on
Monday, October 8, 1990, 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 Council Member Leja, who then led the
Pledge of Allegiance to the Flag.
1. Clerk's Affidavit of Posting.
The Clerk's Affidavit of posting the agenda was read into the
record by the Deputy City Clerk.
2. Adjustments to Agenda
The City Manager read a written request from Roger Berg asking
that his request to the Council, which had been agendized as Item
No. 7, be withdrawn from the agenda, as the items addressed in the
letter had been taken care of.
There were no objections from the Council to delete Item No. 7
from the agenda.
Council Member Bauer then requested the addition of an item to the
agenda. This request was referred to the City Attorney, who then
read the requirements of the Brown Act for the benefit of the
Council and audience, concluding that in order to add an item to
the agenda, assuming it is not an emergency situation, it would be
necessary for a 2/3 vote of the Council that the need to take
action arose subsequent to the agenda being posted. The Council
motion would have to include this finding, as well as placing it
on the agenda.
Council Member Bauer pointed out that due to the information that
he received in this Council packet, and from other sources, he
felt the matter was serious enough for action to be taken this
evening.
Mayor Connors asked what the item is, with Mr. Bauer responding it
would be a motion to remove Roger Berg from the Beaumont Planning
Commission immediately.
Motion by Council Member Bauer, second by Council Member
McLaughlin, to add to the agenda consideration of removal of
Roger Berg from the Planning Commission immediately, based on the
finding that the need to take action arose subsequent to the
agenda being posted in accordance with information which was
received in the Council agenda packet.
Mayor Connors asked if there was any discussion from the Council,
with Council Member Leja asking if Mr. Berg had been notified that
such an action might be taken tonight. Mr. Bauer replied that he
had not notified Mr. Berg, but fully expected him to be at the
meeting because of the agenda item he had requested, however,
apparently because of the withdrawal of his agenda item, he is not
here.
There being no other questions or discussion, Mayor Connors called
for the vote on Mr. Bauer's motion.
AYES: Council Member Bauer, McLaughlin, Parrott and Mayor
Connors.
Page 1
Beaumont City Council
October 8, 1990
NOES: Council Member Leja.
ABSTAIN: None.
ABSENT: None.
Agenda Item No. 7, Consideration of Removal of Roger Berg from the
Planning Commission, was added to the agenda in place of the
original Item No. 7 deleted from the agenda.
3. ORAL COMMUNICATION:
There was no one requesting to speak during oral communication.
PUBLIC HEARINGS - 7 :00 P.M.
4. APPLICATION TO OPERATE AN AMBULANCE SERVICE IN THE CITY OF
BEAUMONT. Applicant: Mercy Ambulance Service, Inc.
A staff report was received from the City Manager, a copy of which
is a matter of record in the Clerk's file.
The public hearing was opened at 7:18 P.M.
Mr. Don Reed, owner of Mercy Ambulance, 8190 Mango, Fontana,
indicated he is available to answer any questions the Council may
/shave.
There was no one else wishing to speak either in favor of or
opposition to this application.
The public hearing was closed at 7:19 P.M.
Responding to a question from Mayor Connors, Mr. Reed indicated
Mercy is currently operating three vehicles in the city at this
time. Mayor Connors then asked what the emergency rate shown is
for as opposed to the base rate, with Mr. Reed explaining the base
rate would be for normal transport from a home to a hospital,
etc., and the emergency rate is for those incidents requiring
lights and sirens. He did explain further there is no rate
regulation in the County of Riverside, therefore, they have based
their rates on the San Bernardino County rates, which are
regulated by the San Bernardino County Board of Supervisors.
There were no other questions from the Council.
Consideration of Granting Permit to Mercy Ambulance Service, Inc.
to Operate an Ambulance Service in the City of Beaumont.
Motion by Council Member McLaughlin, second by Council Member
Bauer, to grant an ambulance permit to Mercy Ambulance Service,
Inc., to operate an ambulance service in the City of Beaumont.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
END PUBLIC HEARINGS
f RESOLUTION NO. 1990 -51 - Declaring "CALIFORNIA RED RIBBON WEEK"
October 21- October 28, 1990.
Motion by Council Member Parrott, second by Council Member Leja,
to adopt Resolution No. 1990 -51.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Page 2
Beaumont City Council
October 8, 1990
6. Appeal Filed by City Attorney of Planning Commission Conditions on
Minor Plot Plan 90- MPP -9. (Robert E. Batt, 960 Western Knolls
Road).
The City Attorney outlined the basis for his appeal, stating that
upon review of conditions imposed by the Planning Commission, he
found two which he felt were illegal and void. One was, in
effect, the amendment of the provision for outdoor advertising
displays by a statement directed in the condition to the Planning
Director that he was to make the changes, with the Planning
Commission approving it with this condition which violates the
ordinance. The only procedure which would have been acceptable
would have been a variance, which is available as a possible
alternative to any property owner, allowing a piece of property,
which, due to its unique circumstances, does not enjoy the
privileges other property owners have.
The other point was the directive in Condition No. 16 that a
business license be issued, and that is not a function of the
Planning Commission.
Discussion followed with members of the Council, the City
Attorney, and the City Manager participating. Should anyone
desire to hear this discussion, the tape of the meeting is
available, or a verbatim transcript may be requested.
Motion by Council Member McLaughlin, second by Council Member
Bauer, to uphold the appeal by the City Attorney.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott
and Mayor Connors.
��- NOES: None.
ABSTAIN: None.
ABSENT: None.
Following the motion, the City Attorney asked a procedural
question relating to whether the applicant should go back to the
Planning Commission or back to planning staff for resubmittal.
Stephen Koules pointed out that staff recommendation was to
approve the project in accordance with the zoning ordinance, as a
result it would appear to him that if the appeal is sustained,
deleting those two conditions, the applicant still has approval
for the project, but is restricted by the zoning ordinance for the
outdoor display area limitation, with no further action needed by
the Council.
The City Attorney again questioned whether another motion is
necessary to not only uphold the appeal but to approve the
project, with Mr. Koules pointing out this is a minor plot plan,
and would not have been heard by the Planning Commission except
that staff's decision was appealed, therefore, by sustaining the
City Attorney's appeal, it returns to the minor plot plan status
with the conditions of approval imposed by planning staff.
The City Manager called attention to the fact that the applicant
has the right to accept the conditions from planning staff, but
could certainly ask the City to consider changing the zoning
ordinance, in order to make the operation of his business better.
He could start operation with a smaller amount of space for
display, with the intent of getting the zoning ordinance properly
changed, so he could have more display area authorized by
ordinance. If this is his desire, it would have to go back to the
Planning Commission for their recommendation to the City Council
regarding a proposed ordinance amendment.
Council Member Leja asked if it would be appropriate to hear from
the applicant at this time, with Mayor Connors indicating that he
may have questions for clarification purposes, and invited the
Page 3
Beaumont City Council
October 8, 1990
applicant to address the Council.
The applicant, Robert E. Batt, addressed the Council at length,
stating he feels he is being conspired against, listing the many
delays he has experienced since he applied for a business license
in June of this year. And it just seems to be continuing without
a satisfactory conclusion allowing him to operate as he needs to
operate. All he wants to know is what is it going to cost, can he
open the business there, if not, he will open in another City.
Discussion continued between the applicant and the Council
regarding the ways and means available to enable him to
open his business with sufficient outdoor display required of the
type of merchandise he sells.
As clarification for all concerned, the City Attorney reiterated
what the status of the project is at this time, stating there was
approval of the project at staff level, which was appealed and the
planning commission added a condition and modified a condition.
These two conditions were appealed by the City Attorney, and by
action of the Council tonight, the project has been returned to
its status before the Planning Commission took action. The
applicant now has approval of his project, as approved by staff
originally, with the ordinance limitation of 25% as to outdoor
display area, and Condition No. 16 deleted.
Mayor Connors then clarified further that Mr. Batt could proceed
with his business opening, but still go back to the Planning
Commission asking for an amendment to the Ordinance even though he
has started on a smaller scale for outdoor display.
The City Manager agreed this was correct but pointed out it would
take two to two and a half months to get the ordinance amended,
and it would have to go back to the Planning Commission for
recommendation to the Council before the Council could take any
action on the proposed amendment.
The City Attorney suggested the proper procedure would be for
either the Planning Commission or the City Council to direct
staff to prepare a proposed ordinance making the change, and that
would be placed on the Planning Commission agenda for their review
and recommendation to this Council.
Mr. Batt continued his comments to the effect that he could not
open his business without the larger amount of outdoor display
being available, and if he could not do this he would have to take
his business to another City.
Comments were made by the Council Members giving their opinion
regarding what could be done to assist Mr. Batt with his problem,
since most of what has occurred certainly has not been his fault.
It was suggested it would appear that certain outdoor type
businesses, such as a nursery or RV sales would have a different
outdoor display area requirement, and this is the way the
ordinance should be written. The Community Development Director
concurred indicating the ordinance should be written to address
the uniqueness of certain types of uses.
Motion by Council Member Bauer, second by Council Member
McLaughlin, to direct staff to come back with the changes that are
needed in order to allow more space for certain types of products
in the CG zone.
AYES:
Council Member
Mayor Connors.
NOES:
None.
ABSTAIN:
None.
ABSENT:
None.
Bauer, Leja, McLaughlin, Parrott and
Page 4
Beaumont City Council
October 8, 1990
Following the vote on the motion, the City Manager pointed out
that 25% of the total area of all the buildings on the property
could be used in computing the outdoor display area, thereby
giving Mr. Batt more outdoor display.
7. Request from Roger Berg for Council Consideration of Remedies
for Alleged Violations of City Codes and Conditions of
Approval for Plot Plan 89 -PP -5, at 1241 Beaumont Avenue.
This agenda item was withdrawn at the request of Mr. Berg.
7. Consideration of Removal of Roger Berg from the Beaumont Planning
Commission.
This agenda item was added to the agenda by action taken under
Adjustments to the Agenda.
Council Member Bauer stated that he bases his contention for
removal of Mr. Berg from the Planning Commission on what he has
seen in the agenda - both what has been acted on and what Mr. Berg
wished to have withdrawn from the agenda.
Council Member McLaughlin indicated that it seems, from what he
has read, that Mr. Berg has taken things in his own control and
his own hands, and does things which seem to suit him personally,
rather than what might be good for the City as a whole. He stated
further that it appears Mr. Berg has monopolized the last few
Planning Commission meetings, and his conduct is a little out of
step with an average Planning Commissioner. As an example, he
steps down from the Chair and addresses the Commission as a
citizen, then returns to the Chair and makes a motion or otherwise
takes action.
He continued with the comment that perhaps the Council should sit
down with Mr. Berg and have a talk with him and see if some of the
differences could be ironed out. Although he feels very strongly
about some of the incidents which have happened, he suggests the
Council be a little lenient.
Council Member Parrott had no comment.
Council Member Leja asked Council Member Bauer what particular
action necessitated a motion to remove Mr. Berg, with Council
Member Bauer replying that staff made a specific recommendation
and Mr. Berg completely ignored the recommendations of staff and
submitted a plan of action that was contrary to those
recommendations and was entirely illegal.
Council Member Leja called attention to the fact that when she was
elected, and when the Planning Commission was appointed, no one
was aware they should always approve what staff recommended. She
does not feel the Council and Planning Commission work for staff,
but rather the residents of this community. She also asked the
question that once you become a member of a board as a volunter,
or an elected member, do you stop becoming a citizen with the
right to complain. She went on to emphasize that she personally
does not believe that is the case. You should still have rights
as a citizen.
She also pointed out the Council just muddled through a couple of
things, and would probably have gotten into trouble themselves if
the City Attorney had not been here. The Council relies on the
City Attorney, and although the Planning Commission may not need
legal advice at their meetings, the Council should be aware that
mistakes will be made when there is no legal advice there.
So far as stating that Mr. Batt's problem was related more to the
Commission and Mr. Berg, she feels that is incorrect. She
personally has received numerous complaints - not about the
Page 5
Beaumont City Council
October 8, 1990
Planning Commission - but about the Community Planning Department
not working with small businesses or the residents of this
community.
She went on to say these statements may be a little out of line,
but they are her personal feelings in addressing the statements
that have been made earlier.
She feels it is unfortunate that Mr. Berg is not here tonight, as
the Council is not always at the Planning Commission meetings. If
the Council feels he monopolizes the meetings - she has attended
the meetings and no one else has a comment, and he has to
basically make most of the comments. She does not feel it was a
personal ego trip for him to do this, but rather trying to do a
good job whether the Council agrees with it or not. Mistakes will
be made, and she personally feels he should be given the benefit
of the doubt for being human if he has, in fact, made these
mistakes.
She has observed Mr. Berg's actions in situations where he has
been very fair to the citizens of this community, and she thinks
that is his, and the Council's, first obligation -- to represent
the residents and the businesses in this area. The Council has
condemned Mr. Berg for trying to work with Mr. Batt, when the
Council sat here for several minutes tonight trying to do the same
thing - which it is the Council's job to do, and she cannot see
how the Council can condemn Mr. Berg's sincerity in his direction
of this.
Mayor Connors responded that she thinks what Mr. Bauer was
referring to, insofar as ignoring the advice of staff, was the
legal advice Mr. Koules had given them - which was basically that
they could not do what they were doing - and that advice they
cannot ignore. It wasn't whether or not they should agree with
staff on the approval or denial. Also, it is not the newest
Planning Commissioners that are being discussed. They are talking
about someone who was on the Planning Commission for quite some
time previously, and was leading the new ones. She understands
being a new Planning Commissioner, because when you are a new
Planning Commissioner or a new Council Member, it is very
difficult to start and know exactly what you are doing. That is
why the City Council is also a thankless job.
She stated further that the letter which was written for Agenda
Item No. 7, should never have been written because the points in
it were taken care of, and it wouldn't have had to be taken off
the agenda if it hadn't been put on there - and there was no
reason for it to be on the agenda.
There was plenty of indication in it, and the answer from Mr.
Bounds, (if you read both of them), that Mr. Berg had not tried to
talk with the people that were causing him all this trouble. He
had not tried to work with Mr. Weaver for instance. He was making
a mountain out of a mole hill, and was not giving anyone the
chance to work with him.
Mayor Connors said she averages three complaints a day at her
house, and has yet to have a complaint that the planning
department is being difficult, or is not doing its job.
So far as a citizen's right to complain, no one is in a better
position to complain about something than a Council Member, or a
Planning Commissioner, and there is no reason, in her opinion, for
anyone to have to come down from the Chair and address the Council
from the audience, or to address the Planning Commissioner from
there. She thinks when you do that you are merely trying to call
attention to yourself for one reason or another, although she
doesn't know what the reason is. If the Council allows this to
continue, there are going to be more of the same kind of problems
they are experiencing right now, and they don't need those kind of
Page 6
Beaumont City Council
October 8, 1990
problems and neither do the people that come in and try to work
with the City.
The first time she has heard a complaint against the Planning
Department has been Mr. Batt's complaint, and she understands
there was some problem with CalTrans in the process, as well as
the Planning Commission, and does not think too much of the
blame should be placed on the Planning Department. It appears to
her that Mr. Berg lead the Planning Commission down the garden
path, and the Council cannot allow him to do it again.
There was no further discussion from the Council.
Motion by Council Member Bauer, second by Mayor Connors, to remove
Roger Berg from the Planning Commission.
c` AYES: Council Member Bauer, Parrott and Mayor Connors.
y ,,1 NOES: Council Member Leja and McLaughlin.
ABSTAIN: None.
ABSENT: None.
MOTION CARRIED.
8. Consideration of Approval of Theme and Financial Arrangements for
Annual Anniversary Ball in Cooperation with Kiwanas Club.
Mayor Connors called attention to the letter from the Kiwanis, and
read the City Manager's staff report. A copy of this letter and
report are a matter of record in the Clerk's file.
Motion by Council Member Bauer, second by Council Member Parrott,
to approve the theme "The Roaring Twenties ", and the financial
arrangement for the 78th Anniversary Ball to be held on November
17, 1990.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
The meeting was recessed at 8:45 P.M., reconvening at 9:00 P.M.
9. Consideration of Approval of Agreement with Riverside Transit
Agency to Provide Dial -A -Ride Service to Calimesa.
The City Manager presented his staff report, a copy of which is a
matter of record in the Clerk's file. He recommended approval of
the agreement with Exhibit A as proposed by City staff.
Mr. Jim Hyatt, representing Calimesa, addressed the Council in
favor of providing dial -a -ride service to Calimesa. He did
mention route changes he would like to see made, with the City
Manager indicating these requests should be made of the Riverside
Transit Agency, as they are the agency responsible for
establishing the route.
Council Member Parrott commented in favor of providing the
service, and agreed it would appear the route should be changed to
include the mobile home parks mentioned by Mr. Hyatt.
Council Member Bauer questioned what would happen if we find after
a short while that one bus cannot handle the volume, and if so,
does the City of Beaumont have the buses and facilities should
additional buses be needed.
The City Manager responded that we are adding one new mechanic
right after the first of the year, and do expect to work overtime
to keep the Calimesa bus in service. This may be accomplished by
staggering shifts, as well as overtime. With the addition of two
Page 7
Beaumont City Council
October 8, 1990
buses from RTA, we will have the capability even though one is
down. If it appears additional buses are needed, the contract
would have to be changed, and it could be determined at that time
if it is feasible for the City to continue the service.
Council Member McLaughlin indicated his questions had already been
answered and he concurred with those answers, stating further that
he is in favor of providing the service.
Mayor Connors pointed out the contract indicates if the City wants
to terminate the contract it would take sixty days, and the City
would have to continue to provide the service for this sixty days,
with the City Manager confirming this is the case. He also
confirmed the buses will have the RTA sign on them, all complaints
will be directed to RTA, and RTA will handle all the advertising
for the system.
Motion by Council Member McLaughlin, second by Council Member
Bauer, to approve the agreement with Riverside Transit Agency to
provide Dial -A -Ride service to Calimesa, with the Exhibit A as
proposed by Beaumont staff, and authorize the Mayor to execute
same.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
*1_ NOES: Mayor Connors.
None.
ABSTAIN: None.
ABSENT: None.
10. Consideration of Claims Filed by Iris La Plau and John Pellicotti.
A report was presented by the City Manager, with a recommendation
for denial of the claims based on the findings.
Motion by Council Member Bauer, second by Council Member Leja, to
reject the claims of Iris La Plau and John Pellicotti based on the
following findings:
1. That the documents and evidence reviewed thus far show no
liability on the City of Beaumont as the backhoe work was
being done by Inland Pipe Supply, Inc., who were working for
a private company, apparently, WDS Development, possibly in
connection with a Beaumont - Cherry Valley Water District
project, and there was no City involvement with or
participation in the project.
2. Review of City records indicate there was no City work being
done in this area at that time.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Request from "No on 128" Committee to Consider Adoption of
Resolution in Opposition to Proposition No. 128.
No action was taken on this agenda item.
y 12. Consideration of Approval of Proposal to Provide Plans and
Specifications for a Sludge Composting System for the New
Wastewater Treatment Plant, and Authorization for Mayor to Execute
the Agreement.
The City Manager referred to his report, a copy of which is a
matter of record in the Clerk's file, in which he gave background
information concerning the need for this sludge composting system
as required by the Water Quality Control Board in conjunction with
Page 8
Beaumont City Council
October 8, 1990
the new wastewater treatment plant, recommending approval of the
proposal before them.
Motion by Council Member Bauer, second by Council Member
McLaughlin, to approve the proposal of Almgren do Koptionak, Inc.,
to design a sludge composting system for the Wastewater Treatment
Plant for an amount not to exceed $175,825.00, and authorize the
Mayor to execute the agreement for same.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
13. CONSENT CALENDAR:
r
Approval of Minutes of Regular Council Meeting of September
24, 199,0.
b. App'0val of Warrants as Audited per Warrant List of October
8 1990, in the amount of $399,144,82; Payroll of September
Z,,1990, in the amount of $65,548.25, Special Payroll of
Se -tember 24, 1990, in the amount of $1,557.36 and Payroll of f
eptember 27, 1990, in the amount of $65,155.62.
Authorize Budget Transfer of Transit Funds from Vehicle
Engine Long Block to Paint Transit Vehicle.
d. % Authorize the Establishment of a Loss Payment Fund in the
Amount of $200,000.00 to be Transferred from General Fund
Reserves.
Motion by Council Member McLaughlin, second by Council Member
Bauer, to adopt the consent calendar as presented.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
14. Cancellation of Regular Meeting of October 22, 1990.
r
Mo ion by Council Member Leja, second by Council Member
Mataugh 1in, to cancel the regular meeting of October 22, 1990, due
o Council attendance at the League of California Cities Annual
Conference on that date, with a special meeting to be held on
October 29, 1990 at 7:00 P.M.
AYES: Council Member Bauer, Leja, McLaughlin, Parrott and
Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Date Set for Special Meeting, Monday, October 29, 1990, 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 9:49 P.M.
ctfully submitted,
uty City Clerk
Page 9
BEAUMONT CITY COUNCIL
MINUTES OF
SPECIAL MEETING OF
OCTOBER 29, 1990
The Beaumont City Council met in a Special Meeting on Monday, October
29, 1990, at 7:00 P.M., in the City Council Chambers, with Mayor
Connors presiding.
On roll call the following Council Members were present: Leja,
McLaughlin, Parrott and Mayor Connors. Council Member Bauer was
excused.
The invocation was given by Council Member McLaughlin, who then led
the Pledge of Allegiance to the flag.
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 advised that Mr. Ron Richards, attorney for the
owner of Sahara Market, has requested a continuance of Item No.
10 since the trial has been set for November 8 on the criminal
action involving his client. There being no objections from the
Council, Item No. 10 was removed from the agenda and continued to
the next Council meeting.
There were no other 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. APPEAL of Planning Commission Denial of Zone Change. Appellant:
Rona d P. Whittier. Location: Southeast Corner of Beaumont
Avenue and Brookside Avenue. Project Description: Request to
change existing zoning from C -G (Commercial - General) to RHD
(Residential High Density) on 12 acres. (90- RZ -4).
The City Manager presented his report, stating that in the appeal
to the Planning Commission's decision, the indication has been
given by Mr. Whittier that he would like to be given time to work
with the neighbors that surround this property, and with staff,
to try to arrive at a zoning acceptable to all concerned. As a
result he is not requesting that the residential high density
zone be approved, therefore this is not a normal appeal. He then
advised that the Council cannot take up a decision through appeal
to other zones that have not been heard by the Planning
Commission, so at the conclusion of the public hearing, the only
thing which the Council can do is to send the item back to the
Planning Commission for them to re -hear the new proposal when it
is presented by Mr. Whittier.
The public hearing was opened at 7:10 P.M.
Mayor Connors: We have several requests to speak and I am
thinking that maybe some of you are going to want to tell us the
same thing as someone else has already told us. In the interest
of time we would appreciate it if you would pass in that event.
Page 1
Beaumont City Council
October 29, 1990
We do know how many of you there are. We have received phone
calls and letters, and we do realize how concerned you are. It
would help us a great deal if we did not have ten people telling
us the same thing. We would appreciate that.
The first person here is Annette Shaddix.
Annette Shaddix: I would like to defer my comments and allow
David Baker to speak (the balance of Mrs..Shaddix comment cannot
be heard on the tape since she is speaking from the audience).
Mayor Connors: William Washington.
William Washington: I would also like to defer to the designated
speaker.
Mayor Connors: Georgia Crudo.
Georgia Crudo: I would like to defer to Dave Baker please. I am
firmly opposed.
Mayor Connors: Wayne Jorgeson.
Wayne Jorgeson: I will let David speak for us.
Mayor Connors: Catherine Moore:
Catherine Moore: I will defer also.
Mayor Connors: Kay Anne Perryman.
Kay Anne Perryman: I have a letter and I would like to go down
in opposition on the record, and I would like to have one of five
different people speak for me. One may be Gary NcNeilage.
Mayor Connors: Richard Reeley.
Richard Reeley: I am opposed to the zone change.
Mayor Connors: Patsy Reeley.
Patsy Reeley: I am in opposition also, then I will pass.
Mayor Connors: Claudine Carter..
Claudine Carter: I will pass, but I am in opposition.
Mayor Connors: Michael Burch.
Michael Burch: Honorable Mayor, City Council.
Mayor Connors: You need to state your name and address for the
record please.
Michael Burch: Michael Burch, I live at 1746 Vasili Lane,
Beaumont. As the Honorable Mayor pointed out, rather than be
redundant, a few of us have either chosen or been assigned an
area to speak in. As you can see we are concerned, and have been
throughout the process. We are hoping that the City Council will
take us at our word. What we want, really, is our one zoning on
the entire 23 acres, and we would hope that the City council
would grant our wish. Thank you.
Mayor Connors: Marvel Goedert.
Marvel Goedert: I oppose it, but I will let someone else speak.
Thank you.
Mayor Connors: Sharon Slater.
Page 2
Beaumont City Council
October 29, 1990
Sharon Slater: I oppose it, and I wish to ask that I be allowed
to submit my letter.
Mayor Connors: Wendy Cox.
Wendy Cox: I pass, I just wanted to state my opposition.
Mayor Connors: Dennis Cox.
Dennis Cox: I will pass and let Gary MacNeilage speak.
Mayor Connors: Roger Berg.
Roger Berg: I didn't ask to speak on this item.
Mayor Connors: Gary MacNeilage.
Gary MacNeilage: I am going to pass for statements from David
Baker.
Mayor Connors: David Baker.
David Baker: Good evening, Honorable Mayor and City Council. My
name is David Baker, and I live at 505 Cynthia Street. I
represent myself, my family, and many people here tonight, and
along with many others in spirit as well. And I am here to
encourage your support of the people's voice.
We the people are here tonight because we have made an investment
in what we believe is a wonderful city. We are certain that high
density developments will change the character of our
neighborhood and our city. We are working hard for a quality of
life without crime, drugs and congestion. To accomplish this
takes planning and cooperation. In an article in the Press
Enterprise, we were pictured as people who think only scum of the
earth live in apartments. We do not believe that. What we
believe is that buying a home and property commits people to the
responsibilities of protecting and maintaining their investment.
Those living in apartments are not putting roots into the
community in the way homeowners do. This lack of commitment may
be the reason why apartments invariably create problems involving
crime, drugs, thefts, gang activities and other disturbances
requiring police involvement. Whatever the reason, one has
simply to observe areas where homes are overshadowed by high
density development to be convinced that these problems are very
real.
Here are two examples reported recently in the Press Enterprise,
and I will only quote a few excerpts. From October 6, two Perris
men were shot to death early yesterday morning at a Nuevo Road
apartment complex, in what police are describing as a gang
related incident. Officer Herbert Ellison was on routine patrol
in the neighborhood of the Meadowview Apartments, at 150 E. Nuevo
Road, when he heard gun shots being fired within the complex,
according to police. Yesterday's killings mark the second time
within the past month police have gone to the Nuevo Road complex
because of a shooting. On September 12 a Perris man was shot and
seriously wounded there in another gang related incident,
according to police. Linda Newton, who has worked as manager at
the apartments since July, said she has received six notices of
intent to vacate from residents over the last few months. We
have good tenants here, and we are losing them, she said. So
far, Newton said, she has heard gun shots a couple of times a
week. The Friday morning shootings were the worse, she said.
From October 4. San Jacinto city officials thought they solved
the city's apartment problem several months ago by adopting a
stricter ordinance governing construction of apartments and
duplexes. But, they are finding that more work needs to be done.
Especially in neighborhoods where single family houses and
apartment complexes exist. The city sought to revise the
Page 3
Beaumont City Council
October 29, 1990
Ordinance last year, after city officials found that some
apartment tenants were antagonizing their neighbors. Children
played in the streets because complexes did not have recreation
areas. Homeowners living near apartments complained of loud
music, too many cars parked on the streets, trash and vandalism.
Commissioner Bill Rutledge said he noticed that a neighborhood
near Peacock - Radaker Corporation's Rancho San Jacinto development
is deteriorating. Is it because apartments are there he asked.
Are we creating a bad situation.
Is crime a fair trade for developer fees. My children, your
children, these families represented tonight can never be
compromised. I do not believe that it is fair or ethical to
allow a housing tract such as ours to be built if, after
attracting families who invest their life savings into these
homes, we then surround them with apartments. Please reject the
request before you tonight which would allow high density
dwellings in our neighborhood. Let's not deprive ourselves, or
future residents, of the life style we came here for. Let's
develop Beaumont into a model city, one which other communities
will envy. Thank you.
Mayor Connors: Thank you Mr. Baker. As we heard at the
beginning here, Mr. Bounds has pointed out that Mr. Whittier
wants to withdraw his appeal, and try to work with the residents
on something that will be acceptable to everyone. And to work
with the planning staff. We have a recommendation to return the
item to the Planning Commission because of that. That is
something that we have to do if he withdraws the appeal.
I think that you have made yourselves very clear, and I want to
thank you and commend you because of all of the phone calls and
all of the letters, and all of your speaking and your decorum
tonight. You have been extremely courteous. You have been non -
repetitive and you have stated your case clearly, and I really
appreciate your cooperation.
I know that you are going to be somewhat unhappy that this is
going back to the Planning Commission again, but that is the way
we would need to do it if we want to continue here. We cannot
vote on an appeal that is not before us now. We do need a motion
in order to send it back to the Planning Commission.
Unidentified speaker from the audience: Mayor Connors, may I ask
a question. In regards to this.
Mayor Connors: Could you state your name and address please.
Gary MacNeilage: Gary MacNeilage, 1747 Vasili Lane: In regards
to this, will there be a committee set up for the residents, or
how is this going to be done to where the residents have some say
on what exactly is happening here.
Mayor Connors: Has Mr. Whittier given any indication of how he
plans to work with the residents.
City Manager: He hasn't talked to me about it yet.
Mayor Connors: Mr. Whittier hasn't indicated how he plans to
work with the residents.
Mr. MacNeilage: Thank you.
City Manager: I am sure that he would agree. . .
Mayor Connors -: All right. As I was saying, sending it back to
the Planning Commission will require a motion from the Council.
If no one else has anything to say, we will close the public
hearing.
The public hearing was closed at 7:23 P.M.
Page 4
Beaumont City Council
October 29, 1990
Let the record show that in addition to those requesting to speak
during the public hearing, the following letters were submitted
in opposition to the zone change:
Nancy Dawes, Martha Klyberg, Violet Brown, Harold and Betty
Harrison, Lee and Aggie Abney, Jerome and Hazel Hall, William
Washington, Mr. and Mrs. Robert Rhodes, Terry Griffin, Richard
and Kay Anne Perryman, Sharon Slater, Annette and Angela Shaddix,
Beulah Babcock.
The City Manager addressed the Council relative to Mr. Whittier's
appeal in that if the appeal had asked the Council to consider
overturning the Planning Commission decision, that would have
been on the basis of residential high density. If the Council
votes to send this back to the Planning Commission, Mr. Whittier
has no more appeal for residential high density. He felt that
staff could work with Mr. Whittier to ask that a representative
committee from the neighborhood adjacent to his property be
allowed to work with him, since that would be a lot better than
working with large numbers of people. He thought it would be
best for the residents to consider establishing some spokespeople
for them, and if they would send a letter to him stating who
these people are, he would be glad to talk with Mr. Whittier, as
he believes Mr. Whittier would accept that since he would have no
choice.
Mr. Bounds continued that in the case of whatever zoning might be
discussed before the Planning Commission the next time, whatever
their decision is, he does have the power to appeal that
decision, but not to bring back residential high density, because
that is now gone, and that appeal is no longer available to him.
Mayor Connors clarified her understanding that at this point he
cannot bring residential high density back before the Council.
Discussion followed concerning the type of motion required from
the Council to return this to the Planning Commission.
Motion by Council Member Leja, second by Council Member Parrott,
to return Change of Zone 90 -RZ -4 to the planning staff to work
with Mr. Whittier and a community committee comprised of
residents of Country Crossing Estates, for a presentation of a
new zoning proposal to the Planning Commission.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer.
5. HEARING REGARDING VICIOUS DOG. Consideration of Report of Police
Chief and Other Oral and Documentary Evidence Bearing Upon the
Question of Whether a Black /Tan Male Pit Bull Dog Belonging to
Ron Dominquez, 1038 Magnolia Avenue, Beaumont, is Vicious.
A report was received from the Chief of Police giving background
information concerning the black and tan male pit bull dog
belonging to Ron Dominquez, and recommending the Council certify
the dog is vicious and require one of two options, 1) terminating
the animal in a humane manner, or 2) allow Mr. Dominquez to
remove the dog from the City of Beaumont to a location which has
been approved by Chief Funston.
The public hearing was opened at 7:35 P.M.
a. Testimony from Ron Dominquez.
Ron Dominquez: I have some letters here from people that live in
the neighborhood, and I would like for the City Council to read
them, and they say that the dog is not a vicious dog. (Mr.
Page 5
Beaumont City Council
October 29, 1990
Dominquez submits the letters to the Mayor at this point. Time
is then taken for the Council to read the letters.)
Mayor Connors: All of the Council have read the letters from the
neighborhood, and one from Banning Veterinarian Hospital. Okay,
Mr. Dominquez, do you want to continue. Do you have more to say.
Mr. Dominquez: I have some people here that live in the
neighborhood too, who say they have never seen him out running
around loose every day like they say. He is kept up well in his
pen, but he got out through the fence there. I had it blocked
off, but one of my nephews moved what I had there blocking it,
and he got out that way, which I have fixed already, and there is
no way he can get out of that fence now. It is about five foot
high and he can't jump because he is too big to jump.
Mayor Connors: Okay. Did you want to then give the floor to
someone else to speak.
Mr. Dominquez: Yes.
Mayor Connors: Would you please give your name and address for
the record.
b. Other Testimony.
Richard Garwell: My name is Richard Garwell, and I live at 1026
Magnolia, right next door to Ron Dominquez. I have been up next
to his dog and he has never shown no aggressiveness towards me or
my kids, and I have never seen him out before. This was a first.
Mayor Connors: All right, thank you. Is there someone else.
Please give your name and address for the record.
Brien Donnelly: My name is Brien Donnelly, and I live at
1026R, the house on the alley, and I have never seen that dog out
before. And that one dog that he got ahold of, I have seen that
dog at the fence before, running back and forth, like
antagonizing BA, more than once. My wife has saw him and I have
saw him also. I have got a one year old daughter, and I put her
over the fence and let her touch the dog, and he never attempted
nothing. He is not a vicious dog.
Mayor Connors: Okay. Thank you. Is there anyone else wishing
to speak. Is there anyone else wishing to speak, either in favor
or in opposition to this item. Please give your name and address
for the record.
Shelley Donnelly: Shelley Donnelly, and I live at 1026R
Magnolia. My daughter has been over there, like my husband said,
and the dog has never attacked my daughter. My dog has jumped
over the fence and he has never attacked my dog. He has been
over several times, and he has never attacked it, never hurt it.
And, just like he said, that dog has been out constantly, just
sitting there in front of BA, you know, just teasing him, running
up and down the fence, you know. That little dog is always out.
And I don't think BA is a vicious dog at all.
Mayor Connors: Thank you. Is there anyone else wishing to
speak. Anyone wishing to speak either for or against. Anyone
wishing to speak at all on this item. Then we will close the
public hearing.
The public hearing was closed at 7:42 P.M.
The City Council shall make a determination based on evidence
presented:
a. Whether the dog in question is dangerous or vicious;
Page 6
Beaumont City Council
October 29, 1990
b. Whether the owners have failed to take the steps necessary
to minimize the dog's dangerousness as ordered by the Chief
of Police; and
c. Whether there are any courses of action short of destruction
of the dog which can be taken which will both allow the dog
to live and insure the public safety.
The City Council's decision must be made within ten days from the
date of this hearing, with a copy of the decision mailed by
certified mail or personally served upon the owner of the dog.
Mayor Connors commented she felt the Council could discuss Items
5.a, b and c all at one time, - whether the dog is dangerous or
vicious, whether the owners have failed to take steps necessary
to minimize his dangerousness, and whether there are any courses
of action short of destruction of the dog that can be taken that
will allow the dog to live and insure the public safety.
Mayor Connors then called attention to the fact the City does
have a vicious dog ordinance now that requires a great deal more
from the dog owner than just a fence, and that should be kept in
mind.
The testimony received and the options available through the
vicious dog ordinance were discussed by the Council Members, with
Chief Funston, City Attorney Ryskamp and the City Manager
answering questions and clarifying the provisions of the
ordinance.
All Council Members agreed it appeared, from the testimony
received, there was not enough evidence to order the dog
destroyed, however, they wanted to be certain the dog was
contained in such a manner as to pose no possible threat to
public safety.
Motion by Council Member McLaughlin, second by Council Member
Parrot, to order the dog placed in a proven secure location
that is worked out through Chief Funston, Mr. Dominquez and the
City Attorney, in compliance with the ordinance.
(This motion was withdrawn after the following discussion and
temporary adjournment of the meeting).
The City Attorney called attention to the fact the motion should
contain language to include the Council's determination the dog
is vicious.
Answering a question from Mayor Connors, Chief Funston stated his
understanding of the ordinance is it would be at the Council's
discretion to direct him to make the determination whether the
dog would be contained in the yard within a secure area as
provided by the ordinance, or have the dog removed from the City,
and he suggested they might want him to get with Mr. Dominguez
while they go on to the next agenda item, and then come back to
this agenda item, and see what he and Mr. Dominguez could work
out. There are costs and fees involved, plus the additional
costs in building the type of secure area required by the
ordinance, and he wants Mr. Dominguez to be aware of these costs.
Motion by Mayor Connors for temporary adjournment of the meeting
until 8:10, second by Council Member Leja, passed by unanimous
vote.
The meeting was recessed at 8:00 p.m., reconvening at 8:12 p.m.
Responding to an inquiry by Mayor Connors, Chief Funston
confirmed the animal control officer was dispatched to the
location by a telephone call that a vicious pit bull was
attacking a dog at 1062 Magnolia, therefore indicating that it
was an in progress situation at the time of the radio call, but
by the time he arrived eight minutes later, the animal was dead.
Page 7
['V
Chief Funston then reported he
with Mr. Dominguez, whereby Mr.
to take a vote and then upon the
the animal is vicious, he will
Beaumont City Council
October 29, 1990
had reached a tenuous agreement
Dominguez would like the Council
determination of whether or not
then make his recommendation.
Mayor Connors pointed out the motion would involve more than
whether or not the animal is vicious, with Chief Funston
then recommending a suggested motion as follows: The Council
find the animal vicious on the face of the police report, the
information received from animal control officer Krei ter, and
that the recommendation be given that a time limit within weeks
to be determined by the Council be set that Mr. Dominguez find a
location outside of the city's jurisdiction for the dog.
The previous motion by Council Member McLaughlin, with second by
Council Member Parrott was withdrawn.
Mayor Connors asked if the intention was to remove the dog
outside the City until such time as a secure pen could be built,
with Chief Funston indicating Mr. Dominguez does not want to
spend the money necessary to provide the pen, but does not want
the dog destroyed, so the only option would be to remove the dog
from the City on a permanent basis.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to determine the dog to be vicious and to allow Mr.
Dominquez to move the dog to a location outside the City's
jurisdiction as approved by the Police Chief, with a time limit
of two weeks within which to accomplish this.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer.
INTENTION TO ORDER ABANDONMENT of a Portion of California Avenue.
Applicant: Southern California Gas Company.
A report was received from the City Manager concerning this
proposed abandonment, during which he advised no opposition to
the abandonment has been received, with a recommendation for
adoption of Resolution No. 1990 -52 ordering the abandonment of a
portion of California Avenue.
The public hearing was opened at 8:17 P.M.
Mayor Connors: Is there anyone wishing to speak in favor of Item
No. 6. Is there anyone wishing to speak in favor of Item No. 6.
Is there anyone wishing to speak in opposition of Item No. 6. Is
there anyone wishing to speak in opposition to Item No. 6. Is
there anyone wishing to speak at all on Item No. 6. Yes. You
need to state your name and address for the record please.
Alma Vrzal: My name is Alma Vrzal, 720 California Avenue. I
just wondered what block or blocks this is on on California
Avenue.
City Manager: This is the corner of First Street and California,
and it runs between 190 and 197 feet south of First Street, on
the east side of California. The property is property that has
been bought by the gas company to expand its headquarters
building out there.
Alma Vrzal: Thank you.
Mayor Connors: Is there anyone else wishing to speak at all on
Item No. 6. There being no one, we will close the public
hearing.
Page 8
7.
Beaumont City Council
October 29, 1990
The public hearing was closed at 8:19 P.M.
f
here were no questions or comments from the Council.
a. RESOLUTION NO. 1990 -52 - Ordering Abandonment of Portion of
California Avenue. Applicant: So. California Gas. Co.
Motion by Council Member McLaughlin, second by Council Member
Leja, to adopt Resolution No. 1990 -52.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer.
INTENTION TO ORDER ABANDONMENT of a Portion of Edgar Avenue and
9th Street. Applicant: Ray and Kasey Quinto.
The City Manager again reported no opposition had been received
to the abandonment, and recommended adoption of Resolution No.
1990 -53.
The public hearing was opened at 8:22 P.M.
Mayor Connors: Is there anyone wishing to speak in favor of Item
No. 7. Is there anyone wishing to speak in favor of Item No. 7.
Is there anyone wishing to speak in opposition to Item No. 7. Is
there anyone wishing to speak in opposition to Item No. 7. Is
there anyone wishing to speak at all on Item No. 7. Is there
anyone wishing to speak at all on Item No. 7. We will close the
public hearing.
/The public hearing was closed at 8:23 P.M.
There were no comments or questions from the Council.
a. RESOLUTION NO. 1990 -53 - Ordering Abandonment of Portion of
Edgar Avenue and 9th Street. Applicant: Ray and Kasey
Quinto.
Motion by Council Member Leja, second by Council Member
McLaughlin, to adopt Resolution No. 1990 -53.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer.
8. INTENTION TO ORDER ABANDONMENT of a Portion of Elm Avenue Between
Sixth Street and I -10 Freeway. Applicant: Douglas Finnie.
The City Manager gave a brief description of the proposed
abandonment, advised that no objections had been received to the
abandonment, and recommended adoption of Resolution No. 1990 -54.
The public hearing was opened at 8:25 P.M.
Mayor Connors: Is there anyone wishing to speak in favor of Item
No. 8. Would you state your name and address for the record.
Douglas Finnie: My name is Douglas Finnie, I live at 10410 Live
Oak, Cherry Valley, and I am in favo.r of Item 8.
Mayor Connors: Thank you. Is there anyone else wishing to speak
on Item 8.
Dave Sumner: Mayor Connors and members of the Council. I am
Dave Sumner, representing Sanborn /Webb Engineering, for Mr.
Finnie on the engineering. Basically, we concur with what the
Page 9
Beaumont City Council
October 29, 1990
Manager's report says. The street is difficult to maintain by
the City. It is a weed patch, and you have a building
encroachment that was done probably a decade ago since the
freeway was built, maybe more. And I think it would help the
City to be relieved of the maintenance, and give Mr. Finnie legal
access for his building rights, and the other side can maintain
their parking lot, which is all it is being used for, without the
liability to the City. And it will clean up a lot of legal
matters as well as some sort of an eyesore. Do you have any
questions. Thank you.
Mayor Connors: Is there anyone else wishing to speak on Item No.
8. Then we will close the public hearing.
The public hearing was closed at 8:27 P.M.
There /were no comments or questions from the Council.
a. ESOLUTION NO. 1990 -54 - Ordering Abandonment of a Portion of
E m Avenue Between Sixth Street and I -10 Freeway. Applicant:
Douglas Finnie.
Motion by Council Member Parrot, second by Council Member Leja,
to adopt Resolution No. 1990 -54.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer.
9. INTENTION TO ADOPT NEGATIVE DECLARATION 90 -ND -10 - Applicant:
Allied Group, Inc. (Nick Saab /Victor Schiro). Location: 752
Pennsylvania Avenue. Project Description: Proposed Construction
of 28 unit apartment complex on 1.3 acres.
Stephen Koules, Director of Community Development, presented his
staff report, with a recommendation from the Planning Commission
for adoption of Negative Declaration 90- ND -10.
The public hearing was opened at 8:29 P.M.
Mayor Connors: Is there anyone wishing to speak in favor of Item
No. 9. Is there anyone wishing to speak in favor of Item No. 9.
Is there anyone wishing to speak in opposition to Item No. 9. Is
there anyone wishing to speak in opposition to Item No. 9. Is
there anyone wishing to speak at all on Item No. 9. Is there
anyone wishing to speak at all on Item No. 9. We will close the
public hearing.
The public hearing was closed at 8:30 P.M.
Mayor Connors stated she could not see a 28 unit apartment
complex on the corner of 7th and Pennsylvania not having an
impact on the environment, whether it is significant or not would
depend on whether you live by it or not.
a. Consideration of Adoption of Negative Declaration 90- ND -10.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to adopt Negative Declaration 90- ND -10.
AYES: Council Member McLaughlin and Parrott.
NOES: Council Member Leja and Mayor Connors
ABSTAIN: None.
ABSENT: Council Member Bauer.
MOTION FAILED.
END PUBLIC HEARINGS
Page 10
Beaumont City Council
October 29, 1990
1 V Consideration of Revocation of Business License No. 04066, Issued
to Kamal Barkat d /b /a Sahara Market, 985 Beaumont Avenue,
Pursuant to Section 5.04.140 of the Beaumont Municipal Code.
(Continued from September 24, 1990).
This agenda item was continued to the next Council meeting by
action taken under adjustments to the agenda.
11. Hear a Request of Roger Berg to Speak to the City Council
Regarding His Removal from the Planning Commission.
Mayor Connors called attention to the fact a motion will be
needed to hear Mr. Berg since there is no appeal process in
place.
Motion by Council Member McLaughlin, second by Council Member
Leja, to hear from Mr. Berg.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer.
Mr. Roger Berg, 1164 Euclid Avenue, Beaumont, addressed the
Council, expressing his concerns regarding his removal from the
Planning Commission, and asking the Mayor what exactly the
concerns of the Council were which prompted his removal and
perhaps he could shed some light on exactly what happened and why
he did take certain actions.
There being no response from the Council, Mr. Berg presented a
lengthy dissertation in defense of his performance on the
Planning Commission. A copy of Mr. Berg's presentation is
attached hereto and made a part hereof by reference.
iscussion followed, with Mayor Connors bringing out the various
complaints listed by Mr. Berg in his letters to the City, and her
interpretation of the implied threats by Mr. Berg in these
letters, as well as questioning the City Manager concerning his
conversations with Mr. Berg, and whether or not Mr. Berg appeared
to understand the City's position concerning his complaints prior
to placing the item on the Council agenda.
Let the record show the Clerk finds it impossible to summarize
the dialogue which occurred without typing it verbatim, since to
do so could possibly mean overlooking some point one or the other
of the parties would wish included in the minutes. The entire
discussion is a matter of record on the tape of the meeting, and
is available to anyone wishing to hear what was said.
It should be noted that Council Member Leja made a statement
concerning her feeling the removal of Mr. Berg was not handled in
the correct manner, which was the reason she voted not to place
it on the agenda that night, and although she neither agreed nor
disagreed with Mr. Berg, perhaps if tonight's discussion had been
held, a few things would have been clarified, the public would
not have been misled, and it would not have become a media show.
There were no other comments from the Council, nor was there a
motion.
12. Consideration of Appointment to Abatement Hearing Board.
Mayor Connors announced the Council has before them three
applications to the Abatement Hearing Board, Gary MacNeilage, Jay
Polokoff and Harold Spaulding, and opened the discussion with Mr.
McLaughlin.
Council Member McLaughlin indicated that he would like to make a
motion if it was in order.
Page 11
Beaumont City Council
October 29, 1990
Council Member Leja asked who of the applicants was present
tonight. Mayor Connors asked who was present, with Mr.
MacNeilage and Mr. Polokoff responding. Mayor Connors then
called attention to the fact there was information in their
packet that Mr. Spaulding had indicated he had to be out of town
this last week, and would try to get back in time to attend the
meeting tonight, but apparently he was unable to do so.
Council Member Parrott stated he had met Mr. Spaulding and felt
he was highly qualified for this position having done a lot of
inspection of fire department violations, and seems to have quite
a background. Mr. Spaulding had indicated to him at that time he
would like to do some civic duty, and it appeared to him he would
/ do a good job and he wanted to nominate Mr. Spaulding.
Mayor Connors concurred that she thought Mr. Spaulding's
application was very impressive.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to appoint Harold Spaulding to the Abatement Hearing
Board.
AYES: Council Member McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: Council Member Leja.
ABSENT: Council Member Bauer.
13. Request from Mr. Jim Guerra, 799 Allegheny, to Address the
Council on Impacts to Family when Zoning or Nuisance Ordinances
are not Enforced.
The City Manager reported
indicating he would not be
advised Mr. Guerra that he
last member of the Nuisance
the City could begin on
waiting for the Board. One
Allegheny which the City
Mr. Guerra
tz /wanted it
families be
that Mr. Guerra called this morning
able to be here tonight, and that he
felt the Council would establish the
Abatement Board, and if this occurred
the backlog of nuisances that were
of these is the situation at 8th and
would begin working on immediately.
told the City Manager he appreciated that, but just
to be known that he was concerned the impacts to
understood.
Mr. Bounds then stated he told Mr. Guerra that if the Nuisance
Abatement Board was not able to cure the problem, that certainly
he would be prepared to place him on the agenda at the next
Council meeting, if he could be present, so that he may make
known to the Council whatever he felt.
14.; Request from Mayor Connors for Consideration of Purchase of
Protective Body Armor for Police Department, and adoption of
Policy Requiring it be Worn During Duty Hours.
Mayor Connors called attention to information provided to the
Council in their packet.
There were no questions or comments from the Council.
The City Manager pointed out that due to his being out of the
state he had been unable to put together a policy requiring that
the vests be worn, so he was not prepared for that action to be
taken tonight. If acceptable, he would like to bring this back
to the Council at a later date, since the vests would not be
received for approximately four to six weeks after the order is
placed.
Motion by Council Member Leja, second by Council Member
McLaughlin, to approve the purchase of thirty -six (36) Second
Chance Protective Body Armor vests at a cost of $12,213.72, as an
over budget purchase to be charged to Account 2050 -6040, and
Page 1"2
Beaumont City Council
October 29, 1990
direct the City Manager and Chief of Police to submit a policy
requiring it be worn during duty hours to the Council for
approval.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer.
15. Consider Authorizing Roger Ernst & Associates to Auction Asset
;Seizure Property, with Proceeds to be Used for Drug Enforcement
�.. Program; and Further Authorize Police Department Found and
Unclaimed Property and City Surplus Property Be Auctioned As
Well.
The City Manager presented his report, a copy of which is a
matter of record in the Clerk's file.
Council Member Parrot felt it was a good idea, with no other
comments being made by the Council.
Motion by Council Member Parrott, second by Council Member
McLaughlin, to authorize Roger Ernst & Associates to conduct an
auction of asset seizure property, Police Department found and
unclaimed property and City surplus property from time to time as
needed.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer.
16. Authorization to Post Notice Requesting Applications for
Appointment to Planning Commission.
iMr. Bounds submitted his report and recommendation concerning
this agenda item. This report is a matter of record in the
Clerk's file.
There were no questions or comments from the Council.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to call for applications to fill one vacancy on the
Planning Commission, using the standard application with a
resume attached, with notice to be posted October 30, 1990,
indicating the deadline for applications to be December 3, 1990,
at 5:00 P.M.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer.
17. Consideration of Request for Leave to Present Late Claim.
The City Manager called attention to the recommendation of
special counsel for police matters to deny the request.
There were no questions or comments from the Council.
Motion by Council Member McLaughlin, second by Council Member
Leja, to deny the request for leave to present a late claim,
based on advice of counsel.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer.
Page 13
Beaumont City Council
October 29, 1990
18. 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.
p,/ Approval of Minutes of Regular Council Meeting of October 8,
990.
.Approval of Warrants as Audited per Warrant List of October
29, 1990, in the amount of $296,711.39; and Payroll of
ctober 11, 1990, in the amount of $85,869.87.
c. Request from Henry Barnes, d /b /a Pass Taxi, for Permission
to Add Two Additional Vehicles.
di' equest from Palmer CableVision for Council Approval of
ransfer of Management and Hypothecation of Assets.
Report of Action of Planning Commission at Regular Meeting of
October 16, 1990.
Motion by Council Member Leja, second by Council Member
McLaughlin, to adopt the Consent Calendar as presented.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer.
Set Date for Next Regular Council Meeting.
The City Manager pointed out the next regular Council Meeting
falls on a legal holiday, therefore it will be necessary for the
Council to determine when the next meeting will be held.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to cancel the regular meeting of November 12, 1990, due
to the legal holiday.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Bauer.
Date set for next regular Council Meeting, Monday, November 26,
1990, 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 9:31 P.M.
Respectfully submitted,
City Clerk
Page 14
FACTS SURROUNDING THE BATT (MAIN STREET LAMP) APPEAL
BACKGROUND: When I received the conditions of approval I notice that
the applicant had a gravel drive shown on the plot plan. I thought asphalt
would be more appropriate (I have since learned that the planning dept
provided me with an old plot plan). I also noticed that the traffic study
required by Cal Trans was inconsistant and could not be conducted by the
applicant prior to being in operation ( The requirement for the traffic
study was eliminated by Cal Trans before the meeting. The reason given
to me was that the planning dept provided Cal Trans with inconsistant
data). I also thought that the requirement for only 25% outside display
was unappropriate since this business was similar to a nursery and needed
outside display to enhance it products.
SEPT 18: If you will refer to the written transcript of the planning
commission meeting you will see that the city planner not myself made
the recommendation for the motion I made (refer to page 7 lines 15 -21,
47 -54). All that I said is (refer to page 8) is that I would like to
see the ordiance changed. Mr Koules said I think that we could enumerate
these businesses. Also refer to Page 9 lines 10 -19 Mr Koules recommends
sending this back to the city council for their review. Also note on
Page 9 lines 23 -28 I ask that the city attorney be able to review this
action as to make sure it is ok. If you will refer to my ontion on lines
48 -59 of page 9 you will see that it is what the planning director stated
in his lines 34 -47.
As you can see from the statement in the transcrip+ that I did not order
anyone to change the city ordinace. (2) That I made my motion based upon
information given by staff (3) and that the applicant had been through
a long process and all I was trying to do was be fair to the applicant
in light of other situation in the city.
LIST OF EVENTS IN TRYING TO RESOLVE PROBLEMS AT 1241 BEAUMONT AVE
(89 -PP -5)
BACKGROUND: Project was approved by the city council while there was
no planning commission (approved Dec 89). I (Roger Berg) was not notified
by letter of the hearing before the city council (Req of all property
owners wihin 300 ft of the proposed development.
AUG 15 (APROX DATE): Spoke to bldg inspector about dirt and dust problems
from truck traffic delivering fill dirt and exiting onto Euclid ave.
I was told by the bldg inspector that he gave the contractor permission
to use the residential lots for exit purposes. I requested that the contractor
control dust at this time and clean up the mud he placed onto the street.
This was done 2 days later.
AUG 31: Went to city hall to complain about dust from concrete truck
traffic all week. I was told to talk to the contractor( planning director
told me this). I tried to talk to the contractor and was cussed out
and ordered off of the property by the concrete foreman. I went back
to city hall and talked to Steve Koules, he told me that the developer
made a lot of money off of Country Crossings and should comply but that
I would have to get Bob Bounds to call the developer as this is his town.
I went up and talked to Mr Bounds and he told me he would send out the
bldg inspector to check it out. I met the inspector on Euclid Ave and
showed him where the developers employees and the truck traffic was coming
from. His statement to me was I see no evidence of a dust problem. I
showed him the two illegal driveways and the trash. His comment was he
doesn't get paid to make decisions. I asked him to call the developer
and have him correct the dust problem. He told me he doesn't have that
authority and that no one listens to him.
SEPT 1: Recalling where the city sewer easement lies I discovered that
the bldg foundation lied over the sewer line. I called Mr Bounds and relayed
my concerns to him. He assured me that it did not. ( I later learned
these pads were only temporary). I told him that I was concerned about
potential sewage backup into my house since the manhole was covered over
with 3 ft of dirt. If this sewer backed up and the manhole was unaccessable
my house would be the first one to be flooded with raw sewage.
SEPT 4: I had my father hand deliver a letter to Mr Bounds outlining
my complaints, the proposed remedies and a request for immediate action.
Later that day I spoke with Mr Bounds and cleared up some of my concerns
( namely the bldg being built over the sewer line). I did tell him that
I was still concerned about the manhole being covered. He told me that
he spoke to the developer and the developer assured him that he would
install a temporary road for the truck traffic complete with gravel to
solve the dust problem. Later I spoke to Lew Weaver who owns the property
to the north, he told me that the developer tore up the hard base to his
dirt road and that he would install gravel as a temporary means of handling
the dust problem off of his property. He relayed to me that he had several
encroachment problems with the developer during the course of construction
so far.
SEPT 14: I called the city planing dept about the dust and dirt problems,
I was told by Steve Koules that he would send someone out (Note I hadn't
seen any gravel placed as of this date or any adequate dust control measures
being followed by the developer.) Later that day I went down to the city
offices and looked at the project folder. I discovered that the developer
had condidtions of approval which required adequate dust control that
was acceptable and would control the dust before complaints surfaced.
I also noticed that the mailing lables with my name and address on it
were still in the project folder ( This is why I was never notified of
the project).
SEPT 18: I stepped down from the chair to address the planning commission
as a private citizen. (I was advised to use this proceedure by the attorney
presenting the planning commissioners conference on July 14th in Moreno
Valley). As a property owner within 300ft of the development I am barred
on taking action on the development, however I can addess my concerns
which is what I did as a private citizen. I did not ask questions all
I did was present my letter and ask that It be acknowledged so that action
could be taken. (Note I tried to get this heard at the Sept 24th meeting
of the city council however I was to late for the agenda.)
OCT 4: Gravel placed by Lew Weaver on his dirt road. Also the developer
had been utilizing a water truck all week to control the dust.
OCT 8: I went to the city manager's office and asked to remove the agenda
item since considerable improvements had been made in reference to the
dust problem. I told Mr Bound's that I did not want to make a public
issue of this matter.
BEAUMONT CITY COUNCIL
MINUTES OF
NOVEMBER 26, 1990
The Beaumont City Council met in a Special Meeting on Monday, November
26, 1990, at 7:00 P.M., in the City Council Chambers, with Mayor
Connors presiding.
On roll call the following Council Members were present: Leja,
McLaughlin, Parrott and Mayor Connors.
The invocation was given by Council Member Parrott, who then led the
Pledge of Allegiance to the flag.
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: 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.
4. TENTATIVE TRACT MAP 24039. (89- TM -3). Applicant: Three Rings
Ranch oscan- tewart Par tnership /Premier Homes. 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. Project Description: A proposed 600 lot single family
subdivision on 176 acres, complying with prior approval of
Specific Plan 88 -02 and Environmental Impact Report EIR -88 -2.
Stephen Koules, Director of Community Development, presented the
staff report concerning this project, with a recommendation from
the Planning Commission for approval.
The public hearing was opened at 7:10 P.M.
Mr. Brien Ross, General Manager, Beaumont - Cherry Valley Recreation
and Parks District: I was not sure whether or not you had
received letters we had distributed to the Planning Commission, so
I am providing some copies for the Council and whoever may need to
have those.
Mayor Connors: It is in our agenda, by the way.
Mr. Ross: Generally, I won't go through the letter, other than to
say that it deals with the background in terms of the development
of this project. We feel that the City was not interested at the
start of this project. The district spent a lot of time and money
to bring this project forward to make sure there were certain park
amenities involved in there. We provided the conditions, and
those simply were highjacked in the planning department,
substituting the name of the City. All of our work seemingly down
the drain for that. We don't feel that that is the way business
should be conducted.
On behalf of our Board, they wished me to express their desire to
Page 1
Beaumont City Council
November 26, 1990
work together. They have had prior meetings with the City
Council. There was supposed to be a continuation of that, which
has not transpired. We have requested some follow -up meetings.
That has been ignored. And I would like to say that we feel we
would like to work with the City. We don't believe that a
collision course is the best thing for the City, for the District
and for the taxpayers, but we certainly feel that we have been
less than fairly treated in this particular instance, and we wish
to have the conditions reinstated as they were put forward by the
Park District, and then I will let the letter go from there.
Mayor Connors: Do the Council Members have any questions of Mr.
Ross. Mr. Parrott.
Council Member Parrott: You have, in the past, worked together
haven't you Mr. Ross, with the City.
Mr. Ross: We were under the assumption that was our game plan,
however, in the past two years we have not seen anything to
indicate that is the indicated direction of the City. We have
forwarded a letter, as of, I think, about three months ago, asking
for, specifically, a meeting with the City Council. We have
received no response. On this particular plan I went down to the
City Manager's office a number of times asking for specific
indications as to why the change in conditions. There was never a
response. I think it is fair to say that we have been ignored in
this process. And I think it is also fair to say there has been
no indication in the attitude of the City to this point that they
would like to work with the Park District.
I think that it is both to the betterment of the Park District and
the City if they do work together on this. I think that there was
quite a bit of interest in developing a master plan. In
developing a joint ordinance that would detail new development and
how it was to be treated. That has not gone forward.
Mayor Connors: Is there anything else Mr. Parrott.
Council Member Parrott: Nothing.
Mayor Connors: Mr. McLaughlin.
Council Member McLaughlin: Nothing.
Mayor Connors: Mrs. Leja.
Council Member Leja: I was curious about something in your
statement earlier. You had stated that the Council and the City,
it has been our policy not to be interested in parks development
in the area - or parks improvement. I have to correct you on that
because one of the first things that I did when we received our
community block grant, was suggest improvements to our City parks.
And I think that we are making great inroads in improving our
parks, and families use those parks, which I can't necessarily see
that is always the case at the Noble Creek Park. I pass by there
quite often and, as far as leave - the City leaving you out of
something, I don't think that is the case. I guess you had ample
time, apparently, the previous owners that you had dealt with,
with the Three Rings Ranch, should have probably consulted you
when they were making their sale, but it is my interpretation, on
Page 7, with the legal relations and responsibilities, I could be
wrong on this, but when there is third party involved, we are not
obligated in any way to -- from what -- our obligations and
rights, as far as the two parties that were initially involved, do
not affect the third party. And so I can't see where it was our
responsibility to consult with the Parks District on this.
Mr. Ross: I would like to say, number one, that we had a
memorandum of understanding which would presumably go forward with
any preceding owner. There certainly was a contractual obligation
Page 2
Beaumont City Council
November 26, 1990
in that regard. Whether or not it was legally binding upon the
City would be a determination, as far as what the Council
ultimately did in terms of the conditions.
Council Member Leja: So we should have been considered as a party
to this memorandum.
Mr. Ross: No, not you as a party to that memorandum. But the
succeeding owner certainly would be. And, again, I certainly
don't want to get into a back and forth discussion so far as
relative merits. We are certainly not saying that the City is not
interested in parks, or not interested in upgrading parks or what
have you, certainly, we are too, and we feel that, you know, we
are going forward in that. I think what we are saying is that,
especially in the new development, but also in developing and
rehabing old parks and using the resources of the Park District
for the benefit of the City, which certainly we have uppermost in
mind, because the Park District encompasses the City, and
certainly that is part of our mission. We would like to be able
to establish a joint program with the City whereby we can put
District resources in toward developing City parks, because that
is part of our plan too. So we are not trying to preclude that
option at all. We are saying that we would like to work as a
partnership. We are not seeing that partnership effect.
Council Member Leja: Okay.
Mayor Connors: Mr. Bounds, did you want to say anything.
City Manager Bounds: No.
Mayor Connors: Is there anyone else that wishes to speak on Item
No. 4. Would you please state your name and address for the
record.
Curt Ensign, Premier Homes, 1787 W. Pomona Road, Corona: I would
just like to say that Premier has reviewed and accepts the
conditions of approval as approved by the Planning Commission, and
we look forward to working with the City of Beaumont in
development of the Three Rings Ranch project, and also in the
development of the related infrastructure, the sewer and the water
and the other facilities that are necessary to make the City move
forward. I just wanted to make myself available for any
questions.
Mayor Connors: I have kind of a frivolous question. Are the
names of the streets definite.
Mr. Ensign: They have been submitted. They are .
Mayor Connors: They are great names. They are great names.
Mr. Ensign: They are not definite until the map records, so if
there is any preference by any of you, the staff or the Council,
to have any names changed, we can. We went after - we are going
to continue with the Three Rings Ranch theme, and we like the use
of the horses and the equestrian. . .
Council Member Leja: Yes, you can have Mint Julep next to
Churchill Downs.
Mr. Ensign: Maybe we will serve mint juleps at our grand opening.
How is that.
Mayor Connors: Did anyone else have anything.
City Manager Bounds: To answer your question, Mayor. The
tentative map before you tonight, if approved as presented, the
names will be carried forward to the final map.
Page 3
Beaumont City Council
November 26, 1990
Mayor Connors: Okay. Does anyone else have anything. Mr.
McLaughlin. Mrs. Leja. Mr. Parrott. Is there anyone else who
would wish to speak on Item No. 4. Anyone else that wishes to
speak on Item No. 4. Then we will close the public hearing.
The public hearing was closed at 7:18 P.M.
Mayor Connors asked the City Attorney if there was any problem
with her being in the discussion regarding this project since she
lives next to the project, with the City Attorney indicating there
would be no conflict due to the size and number of residences
affected, as a result of which any affect on her property would be
a general affect rather than specific, and she has no financial
interest in the project.
Favorable comments were received from all Council Members to the
effect, basically, that this is a very high quality project and
the City is very fortunate it is coming to this area.
a. Consideration of Approval of Tentative Tract Map 24039 (89-
TM -3), with conditions of approval as presented, subject to
Specific Plan 88 -02 and Environmental Impact Report EIR -88 -2
previously approved.
Motion by Council Member McLaughlin, second by Council Member
Leja, to approve Tentative Tract Map 24039 (89- TM -3), with
conditions of approval as presented, subject to Specific Plan 88-
02 and Environmental Impact Report EIR -88 -2 previously approved.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
5. PROPOSED PRE - ANNEXATION CHANGE OF ZONE 90 -RZ -52 SPECIFIC PLAN
SP -89 -3 and ENVIRONMENTAL IMPACT REPORT EIR -90 -1. Applicant:
Kirk Evans /KSE Development. Location: Bounded by Fourteenth
Street to the north, Elm Street to the east, Marshall Creek and
Florence Avenue to the south, and Noble Creek and Interstate 10 to
the west.
A proposed pre- annexation zone change on 128 acres from Riverside
County A -1 (Light Agriculture) to City Specific Planning Area (SPA
4.1 dwelling units per acre), (89- ANX- 3 -47); the proposed adoption
of a Specific Plan on 128 acres for a residential community of 470
single family dwelling units and 60 multiple family units, with a
day -care center adjacent to a 20 acre neighborhood community park
which is a joint venture with the adjacent Three Rings Ranch
project, (SP- 89 -3); and certification that the final environmental
impact report has been completed in compliance with the California
Environmental Quality Act (CEQA) (EIR- 90 -1).
The staff report relative to this project was presented by
Director of Community Development Stephen Koules, during which he
displayed the park plan which will be shared by both the Three
Rings Ranch and the Kirkwood Ranch projects, and calling attention
to the day care center which he felt would be a significant
benefit to the project.
For the record, Mr. Koules addressed Mr. Ross's accusation that
the Planning Department stole the parks department plan, stating
that he now has a copy of the Parks Department plan which he would
be happy to make available to the public for comparison with the
plan which is being presented.
The recommendation from the Planning Commission was for approval
of this project.
There were no questions from the Council.
Page 4
Beaumont City Council
November 26, 1990
The public hearing was opened at 7:28 P.M.
Brien Ross, General Manager, Beaumont - Cherry Valley Recreation and
Parks District, P. 0. Box 490, Beaumont: I think that as far as
the Specific Plan and the EIR, we have already submitted a letter
in response to that which is incorporated in the plan, which
outlines some of the objections. In addition to those, based on
some of the comments that were made at the Planning Commission, we
have some concerns on the plans for wastewater treatment as
conveyed by the City Planner and Engineer, and do not feel that
the EIR adequately addressed this aspect of what is being planned.
One of the things that was put in the errata under the recreation
and parks by the developer was recognition that it does affect the
District's Noble Creek Park, and a condition that the applicants
be required to pay in lieu fees to the Beaumont - Cherry Valley
Recreation and Park District to mitigate impacts on the District's
Noble Creek park facility for implementation of the proposed
project.
Aside from the park itself, I think that that is certainly
something that should be required in the conditions as all of the
bal1field uses and open uses would be on the park, and certainly
there is going to be an impact there.
I won't belabor you with a long drawn out thing except to say that
I think that these things could be developed better jointly. A
number of cities throughout California do that. Eliminate all of
the confusion and some of the conflicts that are involved. We
would be happy to meet with the City in that regard and provide
some of those kinds of ordinances that other cities have found
useful in being most beneficial to their community, and let it go
at that.
Mayor Connors: Are there any questions of Mr. Ross beginning with
Mr. Parrott.
Council Member Parrott: No, I have no questions.
Mayor Connors: Mr. McLaughlin.
Council Member McLaughlin: I don't have any.
Mayor Connors: Mrs. Leja.
Council Member Leja: No.
Mayor Connors: We have a request to speak from Roger Berg. Would
you please state your name and address for the record.
Roger Berg, 1164 Euclid, Beaumont: Two questions. One, and I
asked this at the Planning Commission. The proposed park -- the
City Engineer said they are going to use the waste effluent from
the sewage treatment plant to water this park. Is that correct.
City Manager Bounds: The potential would be that all parks in
town will be watered with tertiary treatment water.
Mr. Berg: The other question is, is I understood them to say that
you are going to use the tertiary - since you have got a total
treatment plant, the waste by- product is going to be used to
develop this park. That was the indication. He is going to use
it to enrich the soil.
Mr. Bounds: We are looking into going into composting, which the
composted product will be available.
Mr. Berg: My question then is when will this park be developed
because the sewer treatment plant is a few years down the road
isn't it.
Page 5
Beaumont City Council
November 26, 1990
Mr. Bounds: We are looking at the summer of '92.
Mr. Berg: Okay, then how long before you have got enough compost
to get it into operation, I mean, what I am saying is. . .
Mr. Bounds: Well, I'm not sure we wi11 be ready in time to
actually start this park.
Mr. Berg: What I am saying is, who is going to develop the park.
The City or the developers.
Mr. Bounds: The developers.
Mr. Berg: The developers are going to develop the whole thing, so
you may sell him the compost.
Mr. Bounds: Oh yeah, if it is available then we can sell it.
Mr. Berg: And then, the other question is, is that going to be a
water course through there. Are you planning on lining it and.
Mr. Bounds: It will continue to be the water course it is today
and at high water time it will actually take water just as the
parks in the City do.
Mr. Berg: Okay that answers that question. Okay. The only other
question I have has to do with the multiple family prezoning. I
don't think - as I told the Planning Commission, I don't think it
is a good idea. The previous project that you just approved, the
tentative tract map doesn't have it - it is all single family
homes, and I think it would be beneficial to the City if this
project was strictly single family residential homes.
Your abutting right up to what may be the City of Cherry Valley,
if their plans go forward, and I think it is not a good buffer to
put a higher density in. It has already been previously stated
with the opposition to the high density up on Beaumont and
Brookside. Even though the concept looks nice - townhomes and
everything - it just - you are creating an inroad there for higher
density, and I think it is time for the City to just say we have
got our high density, we have got our medium density area in the
City, and that is between 6th and 8th Street in Beaumont, and if
you want to develop a project like that, that is where you should
put it. And the rest of it should all be residential homes. And
then we create a high caliber community that we can all enjoy
living in. Not to say that they would be bad. The concept looks
nice, and they probably are, but I just personally don't think it
is a benefit to the City.
Mayor Connors: Are there any questions of Mr. Berg, beginning
with Mr. McLaughlin.
Council Member McLaughlin: No, I haven't anything.
Mayor Connors: Mrs. Leja.
Council Member Leja: Well, addressing the townhouse issue, I
think that is an excellent area to put townhomes in. I was in
opposition to the high density, but that was a different type of
development. When you are looking at high quality townhomes such
as this, instead of just plain apartments - I have lived in homes
such as this, and they are excellent for middle income, single
people or couples, or retired citizens who would add significantly
to the area. And I can't see that we can limit just to single
family homes. Your destroying a whole market out there that could
add to this community.
There are a lot of us out there who don't like yard work. I mean
there is enough yard there to give you a nice home feeling, but
there are a lot of us out there that would prefer a townhouse as
compared to a three or four bedroom home with a yard to take care
of.
Page 6
Beaumont City Council
November 26, 1990
There are people who travel in this area, as you can see with Sun
Lakes, I mean, a lot of older people would really appreciate
something like this who want a higher quality of living. As well,
as I said, the upwardly mobile, single person, would certainly
enjoy a facility such as this. And I can't see it would hinder
the City's quality at all. I think it would probably add to it.
Mayor Connors: Mr. Parrott. Do you have any questions of Mr.
Berg.
Council Member Parrott: I think that - I also opposed heavy
density out there, next to Cherry Valley, but this is a different
type of concept here, you know. This is more for retired people.
I would like to get rid of my yard too, and move into one of them.
Mr. Berg: Don't get me wrong. What I was saying is, if you are
going to go for it, I would, my suggestion is, as a member of the
community, is that you insure that there is adequate measures
taken to insure that you don't have - or they have, you know,
garages, and people have - insure the ownership of those homes
somewhat. You can't tell someone that you can't rent it out, or
something, but in whatever conditions of approval you put in, or
the covenants or restrictions of that property that it is tight
enough in the homeowners association that you insure the quality
is maintained there. Because - that is my only concern is that
you don't destroy the area, because it is a very beautiful area.
It is the gateway to our City, and that is my only concern there.
And I think that is maybe the developers are coming back with a
little bit different concept to maybe make it better.
Council Member Leja: It has been my experience with facilities
such as this, there are usually homeowners associations, and they
tend to be very strict in the area.
Mr. Berg: Don't get me wrong I am just asking because�in the past
things have been promised, and never came through and maybe this
is our chance to get something in concrete.
Council Member Parrott: I think we could do it through covenants
- neighborhood associations.
Mr. Berg: That is my only - I am just concerned there that after
they leave, and the residents are left, that there is something
good for the community. That was my only concern. Other than
that it looks nice.
Mayor Connors: Is there anyone else wishing to speak on Item No.
5.
Kirk Evans, KSE Development: Madame Mayor, Council Members, my
name is Kirk Evans with KSE Development. It is nice to be able to
speak after everyone else has spoken so I get to understand
exactly what the people are concerned with. Frankly, after
hearing the Council Members, I don't have much to add.
The plan that we did for the multiple family housing we did not
have for the Planning Commission, because we didn't know that it
was important to be able to provide people with what we are
talking about. We certainly have not been talking about
apartments, as you can see there. They are townhomes. They all
have driveways. They all have garages. And the density on this
particular project is about 8.2 units to the acre.
We recognize, as everybody else did, that this is the window to
the City of Beaumont, certainly, off that freeway. And when we
first came into the City we met with the staff and the City
Manager and we were. told at that time that this is a very
important piece of property for the City of Beaumont. It is going
to be one of the first ones that have the City park. We were
asked if we could provide an area for a day care center. That day
care center is on our property, and we gladly went along with
Page 7
Beaumont City Council
.1ovember 26, 1990
that. We also paid the money that was needed to design the park
system. That park system was designed by an architect that the
City had hired, and Coscan /Stewart and I paid for that plan, which
is what you have there today.
The only other thing I might add on the townhomes is we showed you
on the plan that you have there, is that particular area really is
far removed from the single family homes. We are, naturally, very
conscious of what goes on next to our single family homes, and we,
likewise, would not want to put something in there that would
impact any of our future residents that we are building the houses
for. Those homes are about 190 some feet away from the townhomes,
and the townhomes are 60 to 90 feet lower than the finish pad on
the single family homes.
I think the staff report was very well done and presented, and so
I am here to respond to any questions you might have on the
project. The people who put together the EIR are here in the
audience, and my architect is here as well, to discuss any issues
that you might have.
I believe, also, on the townhomes, I think we have to come back
before this body anyway for a conditional use permit, so you
certainly would have an opportunity to see that we didn't just
show you a pretty picture tonight, and then change. But you will
have an opportunity to see it again.
Mayor Connors: I would like to know what the vision is,
especially for the people who don't have this information, of what
the townhomes are like. People will have a tendency to think of
those as apartments and envision them as apartments, and if you
would describe them for us, what they are actually like.
Mr. Evans: We look at them, very similar to what Mrs. Leja said,
we look at them as something that will compete with our single
family homes, but will be people that simply don't want yards.
There is enough space in their townhomes that they can have their
patio for having barbeques and things of this type. There will be
a recreation area there, so you can still have your swimming pool
and things of that type.
All of the units wi l l be a minimum of two bedroom, most of them
will be three bedroom units. It is a very high quality type unit.
All the amenities that we have in our single family homes, we
would be having in the townhomes as well. It is simply just a
different segment of the market. It is definitely not an
apartment.
Mayor Connors: Are there any questions of Mr. Evans, beginning
with Mr. McLaughlin.
Council Member McLaughlin: I really haven't any main questions to
ask him. I know that this would have to come back to us. I knew
that. I think I would sort of hold off and see what is brought
back to us before I have anything definite to ask.
Mr. Evans: Right. As I mentioned, our intent was to dispel the
rumors that have been going around that we are planning on some
high density apartment project there. And that is certainly not
our intent. As you can see, because of the slope in this project,
8.2 units to the acre is about the best we can put in there for a
good high quality townhome project, which is what we want.
Mayor Connors: Well it is important to make that clear because
there was quite a discussion about single family homes and
apartments a couple of years ago, and the project next to you had
multiple family units in it originally, and that was taken out.
So it is important for the public to understand what you are
thinking here.
Mr. Evans: If this particular piece of land were adjoining our
Page 8
Beaumont City Council
November 26, 1990
single family homes, in other words, if it were not 80 feet down
in a hole off of a future roadway that could be as much as six
lanes or something. We would be proposing the same, all single
family, because, frankly, there is a better market right now for
V; single family homes. But the fact that it is far removed, and
you couldn't create this little enclave in there, we thought that
would be the best zoning for - we did follow direction of the
City, I might add as well.
Mayor Connors: Given that explanation, perhaps you should also
describe what kind of access there is from the townhomes to the
rest of the project, so far as roadways, and how much access . . .
Mr. Evans: The townhomes will not have any access to the rest of
the project unless they want to come up Elm Street or go over to
Ring Ranch Road, or something like that.
Mayor Connors: I think that is important for the public to
realize.
Mr. Evans: It is far removed from the single family homes.
Mayor Connors: Do you have any further questions, Mrs. Leja.
Council Member Leja: I don't have any questions. I just want to
commend your plans for addressing needs for society that we have
today, with day care and that type of facility, as well as the
parks. Those are two things that are very important to me, which
is obvious to the members here that know me.
And, as far as the townhomes, I was looking at this - the proposed
townhomes - some of them are larger than my house. So, I, you
know, I hope the public doesn't misunderstand what townhomes are
as compared to what apartments are. They are two totally
different things, and when you are looking at this kind of square
footage, you are looking at a quality facility that anyone would
be very happy to - I can think of some people that would really
enjoy a facility like that. But, other than that, I commend you
on excellent work, and a good plan.
Mr. Evans: Thank you, I would like to take full credit for it,
but frankly the staff had a lot to do with what you see in front
of you tonight.
Mayor Connors: Is the concept for the townhomes to be purchased.
Mr. Evans: Excuse me.
Mayor Connors: Is the concept - I am sorry - I am having
problems - is the concept for the townhomes to be purchased or
rented.
Mr. Evans: The concept is for purchase.
Mayor Connors: Yes, and that makes a difference because there are
roots involved that way. Mr. Parrott, do you have any questions
of Mr. Evans.
Council Member Parrott: Oh, I think it is a lovely layout, and
gives you access to 14th Street - just a single access - no there
is . . .
Mr. Evans: There will probably end up being one, with the other
access being an emergency vehicle access. Hereagain, these types
of things will come back with the CUP process.
Council Member Parrott: Is this envisioned as a gated community.
Mr. Evans: We don't know at this point. That would also be on a
CUP application. I would think that there might be gates for the
townhomes. That is something that the market likes to have for
Page 9
Beaumont City Council
November 26, 1990
security.
Council Member Parrott: When are you going to have these for
sale?
Mr. Evans: As soon as you can figure out a way to flush our
toilets, we will be ready. We will need a little water for that
too I might add, as I am sure you are aware.
Mayor Connors: Okay, are there any further questions for Mr.
Evans.
City Manager: I think one point that needs to be brought out is
the fact that the specific plan zone that is being put on this
property comes in at exactly what we told Mr. Evans when he came
in, that he should aim for, and that is 4.1 to the acre. It was
4.1 to the acre when he had 60 townhouses, so, basically, we are
under that, and certainly I think that is the way we try to put
together better projects, is getting larger lots on those as we
can, and then looking at the best quality on those units that are
going to be less in lot size, or multiple lot.
I would like to point out also, that we have been badgered pretty
heavily over comments about the project to the northeast of this,
on the other side of 14th Street. The Noble Creek project. I
keep hearing about this being high density. I wish they would
come in and look up what is actually proposed for the project. It
is not high density.
Mayor Connors: Is there anyone else. Okay. Thank you.
Mr. Evans: Thank you.
Mayor Connors: Is there anyone else that wishes to speak on Item
No. 5. Anyone else wishing to speak on Item No. 5. Then we will
close the public hearing.
The public hearing was closed at 7:47 P.M.
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 Leja, second by Council Member Parrott,
to certify that Final Environmental Impact Report EIR -90 -1 has
been completed in compliance with the California Environmental
Quality Act (CEQA).
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
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. (EIR -90-
1).
Motion by Council Member McLaughlin, second by Council Member
Leja, 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
Environmental Impact Report EIR -90 -1.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
- Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Page 10
Beaumont City Council
November 26, 1990
ORDINANCE NO. 690 - FIRST READING - Prezoning 128 acres from
Riverside County A -1 (Light Agriculture) to City Specific
Planning Area (SPA 4.1 dwelling units per acre), (90- RZ -5) .
Applicant: Kirk Evans /KSE Development. Location: Bounded by
Fourteenth Street to the north, Elm Street to the east,
Marshall Creek and Florence Avenue to the south, and Noble
Creek and Interstate 10 to the west. (89- ANX- 3 -47).
Motion to read Ordinance No. 690 by title only.
Motion by Council Member Leja, second by Council Member
McLaughlin, to read Ordinance No. 690 by title only.
AYES: Council Member 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. 690 at its first reading.
Motion by Council Member McLaughlin, second by Council Member
Leja, to approve Ordinance No. 690 at its first reading.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
AB ENT: None.
RESOLUTION NO. 1990 -55 - Adopting Kirkwood Ranch Specific
Plan SP -89 -3. Applicant: Kirk Evans /KSE Development.
Location: Bounded by Fourteenth Street to the north, Elm
Street to the east, Marshall Creek and Florence Avenue to the
south, and Noble Creek and Interstate 10 to the west.
Motion by Council Member Leja, second by Council Member
McLaughlin, to adopt Resolution No. 1990 -55.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSE T: None.
7RESOLUTION NO. 1990 -56 - Consenting and Authorizing Submittal
of Annexation Application of Un- inhabited Territory.
(Beaumont 89- ANX -3 -47)
Motion by Council Member Leja, second by Council Member
McLaughlin, to adopt Resolution No. 1990 -56.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
6. INTENTION TO ADOPT NEGATIVE DECLARATION 90 -ND -9. Applicant:
Chuck Menley. Location: 13081 Allegheny Avenue. A proposed 48
unit apartment complex on 2.54 acre parcel.
Stephen Koules, Director of Community Development, presented his
staff report concerning this project, with a recommendation from
the Planning Commission for adoption of the negative declaration.
The public hearing was opened at 7:55 P.M.
Mr. Chuck Menley, 13103 Allegheny: My name is Chuck Menley, and
Page 11
Beaumont City Council
November 26, 1990
I live at 13103 Allegheny -in Beaumont. Did anyone have any
questions that I might be able to answer.
Mayor Connors: Do you have any questions of Mr. Menley, who is
the applicant.
Council Member Parrott: What is - is this project specifically
for retired people, young families, or what is it envisioned for.
Mr. Menley: Well, it is really open. It is the nicest project
that Beaumont has to start with. I am the owner. I live across
the street from this project. And my wife and I are certified
apartment managers anywhere in the United States, and we have been
for about five years. And this is just a family project. It
won't be Section 8. It - I have lived around here for a long
time, and there is a place - people need a place to live as far as
apartments go too. But you can have nice stuff. There is - you
go to Redlands, for example, they have got all kinds there. There
are people here, young people, couples that are starting a family.
They can't afford a home yet, and yet they want a good environment
to raise their little babies until they can get enough money to
buy a home, and that sort of thing, and that is what my intent is.
I have seven children myself, and I know how hard it is to get
into that first house, and yet, by the same token, some of these
apartments can be a negative. But I believe that these will be
very, very positive for the City of Beaumont, and for myself too.
Mayor Connors: Mr. McLaughlin.
Council Member McLaughlin: Well, I was going to ask the same
question - what it was catering to - and I know you are removing
three buildings, three old buildings that are on the property at
this time, so that is a plus so far as I am concerned for the
City.
Mr. Menley: A plus for me too.
Council Member McLaughlin: So I am glad to hear what you have
just stated.
Mr. Menley: And another thing, too, is I could have developed
this project without this street through here. But, you know, I
believe in taking a little, and giving a little, and that street
could be a very important factor for the City of Beaumont, if the
stuff behind me is developed, and that street goes all the way
through, which I understand it is designed to do that. It will
help alleviate some of the traffic off of 6th Street, and bring it
back on 8th Street, and back out on Highland Springs, or down to
Pennsylvania. So it could be a real plus.
Council Member McLaughlin: Plus, it could be good for fire
protection, and such as that, for easier access to that part of
the lot - block.
Council Member Leja: There will be - you have it planned for a
sprinkler system inside the apartments.
Mr. Menley: No. We met the fire codes.
something else I might add. When we
project, we could have built this as a
speak, which is generally what everybo,
reasons they are doing that is it costs
build, and the maintenance is less.
These are not - this is
decided to build this
48 -unit compound, so to
iy else is doing. The
less per square foot to
When we set these up to build these, we decided that we wanted
them in four - plexes or eight - plexes, to keep - make more of a
family type atmosphere. Also, the fire department, on that
requirement, didn't require sprinkler systems if we chopped those
off, so we chose to do that. And there are a lot of advantages to
doing that.
Page 12
Beaumont City Council
November 26, 1990
Council Member Leja: I am curious, with the City's open space
plan, how close will we - do we have any proposed parks in that
area, that is easy .access, since this would have a potential for
families.
Stephen Koules: Well, the Deutsch piece will have a significant
amount of parks. Now, I don't know how close you want to say the
Deutsch piece is to this piece. It is reasonably close, I think.
There are no other parks I can think of that are closer than that.
Council Member Leja: Bob.
City Manager: No, there isn't any closer parks . . .
(At this point the tape was changed and a small portion of Mr.
Bounds' remarks were lost).
Council Member Leja. For that many units in that area, will you
be the property manager for this . . .
Mr. Menley: Yes we will . . .
Council Member Leja: . . because I was curious, because a lot
of times it is better if there is a property manager right there.
Mr. Menley: You are absolutely right. As an owner, the stuff I
have now, which is some pretty old houses - the reason my wife and
I got certified as apartment managers - for the first five years I
owned those they ran me. And now I run them. And there is no
reason to have slum apartments. It is poor management. You don't
have to have people that sell drugs and do that sort of thing.
You can have good clean families in there - and there are people
out there. Not everybody is a dope addict, you know.
Council Member Leja: Will you institute any type of a community
pride type of program for your tenants - I don't know - this
really has nothing to do with the negative declaration, I was just
curious - or have you given it any thought.
Mr. Menley: Well, like, for example, the center part of these -
the way we designed these - they basically will have a courtyard
within side the apartment on each unit. And people that have
little children - if you have a one year old, or a two year old,
you wanted to put him outside, you could do that and not have to
worry about him getting out into the street. And that is one of
the reasons we designed that the way we did. I just don't
perceive, as a manager, anything else.
Council Member Leja: I looked over the plans. I looked at them
very closely this afternoon and I still have a problem with that
many units being in that small area without a good access to a
park, with a large area - especially - if there were going to be
people who -- cater predominately to retired persons, senior
citizens, that sort of thing, there might not be a greater need
for kids to get out and run. One of the groups that we refer to
tonight is near where I live, and I know that there is a big
problem for the kids to be able to get outside and play, because
the people that live in the complex will be around as well, but if
it were just a few less units, I could . . .
Mr. Menley: Well that is pretty - we've done about as good as we
can with that. The backyards - there are backyards in all of
these units - the green area that the City requires - that 25 %.
It is a pretty good project. It really is. The way those things
are designed, with the enclosed centers, and in the back with the
patios and that sort of thing, you know, the driveways in between
are open, you know, as far as kids playing hopscotch and that sort
of thing. There are garages on most of the units, I think there
is 72 garage spaces. So, you know, it is pretty neat and pretty
clean.
Page 13
Beaumont City Council
November 26, 1990
Council Member Leja: How much lawn is in the center courtyards.
Mr. Menley: I would have to - - I might add, that when I started
this project I was going to do a senior citizen simply because the
fact the location of this project is half a block from the
hospital, and a half of block from the K- Mart /Stater Brothers
shopping center. But we felt that by the time this thing was
rented out, we probably are going to have a pretty good mix of
that. In other words, so far as children go, we found in the
apartment manager business that the age bracket you are is the
tendency you have to rent to. In other words, people kind of seek
their own level, so to speak. So, if we are managing it, I am
going to be really inclined to go toward older people if I can.
For a lot of reason, you know, they are a little more stable than
younger people are, and that sort of thing - however - I can't
guarantee that. I am going to try though.
Council Member Leja: I am not saying that younger people aren't.
you know, that is getting pretty close to home there, but,
like I said, I still have a problem with that many units being on
that small of acreage without a facility nearby, or not
incorporated into it, but, it was an excellent plan other than
that.
Mr. Menley: Well it is going to be hard to have a park next to
every apartment building, it really is.
Council Member Leja: Yes, I understand that - or just good access
to something.
Council Member Parrott: I see you have a name on a street in
between that. Will that be a dedicated street, or what.
Mr. Menley: Yes it is. Yes, that is a dedicated street to the
City.
Council Member Parrott: And then, what - is that an alley on this
end.
Mr. Menley: No, the one side backs up against almost to the fire
station that is on 6th Street, and the other backs up to a 48-
unit apartment complex that is on the corner of Allegheny and 8th
Street.
Council Member Parrott: I see.
Mr. Menley: That will have a block wall around it. It will be
separated. There are other projects that are designed to go on
down that street, depending on what the City does. What we have
tried to do is do it in such a way that it will be a complement to
the City. It is not something that we would be ashamed of. And I
certainly won't be ashamed to have it across the street from me.
Mayor Connors: Okay. Mr. Menley, I am a much friendlier person
than I am going to sound. You said that these are all going to be
four eight - plexes, to give it more of a family type feeling.
Mr. Menley: Yes.
Mayor Connors: Is there anything on this besides the apartments.
Mr. Menley: No.
Mayor Connors: Then all of the open space is actually open space.
Mr. Menley: Yes it is.
Mayor Connors: Okay. I know that you can appreciate the fact
that anyone who comes and talks about their project says it is a
good project. You feel that this one will be a good project, and
you have put a lot of emphasis on the fact that you are managing
it.
Page 14
Beaumont City Council
November 26, 1990
Mr. Menley: Yes. I might add too . . .
Mayor Connors: Well, the buildings are going to outlive you, and
I am kind of concerned about that part of it and we will have 48
apartments there.
Mr. Menley: Beg pardon.
Mayor Connors: The buildings will outlive you, and we will have
these 48 apartments.
Mr. Menley: Well, if they are done right, for example, as an
owner, when you build apartments, it is a lot different than if
you build them to sell, because what you put into a project is low
maintenance. You do things that are quality that will last for a
long time, and labor is the biggest factor in that, sometimes,
compared to the materials. So, if you put a lifetime roof on, or
if you put in maybe three inches of asphalt or like, for example,
in our case, we are going to put in cement driveways. So, this
project will look nice for a long time. The important thing is if
it is managed properly.
The other part of that is even if I should die, or if I sold this
project later on, when somebody is spending two or three million
dollars for a project like this, they don't want to see it torn up
either, you know, it costs them money.
You know, if you go down to Redlands, if you go up on Brookside, I
mean, gee, they have a lot of apartments there, and they are nice.
They really look pretty. They don't downgrade the City of
Redlands. And I don't believe that the City of Beaumont has to
have something that they wouldn't be glad to have. There are only
- 40% of the people cannot afford a home, and they have to have
someplace to live. And as we tear out these old houses in
Beaumont, we have got to have a place for people that can't afford
a home to live too. And the only thing that you can do is to just
make sure, you know, that it is a good quality project. You know,
something that is nice and comfortable.
Mayor Connors: Well, we have to consider ever after when we are
voting on these things. The apartments in Redlands, for instance,
it would depend upon their age, and what kind of successive owners
or management they have gotten. You have an inherent problem if
you have a lot of people living i n a small area. You have more
problems because you have more people, and they are living closer
together, and so you are going to have more problems with police
calls, all kinds, various kinds.
I know this is in a residential high density zone. When you talk
about how we need apartments in Beaumont, we have a lot of
apartments in Beaumont. And, I am not in favor of adding
apartments unnecessarily. But it is in a residential high density
zone, and nobody is going to want to build single family houses
next to the apartments that are already there anyway.
There is a sentence here that says you are
high stucco wall to match the color of the
Can you give me a clue as to what color
painting this building. We have a very
apartment building .in the middle of Beaumon
see that happen again.
building a six foot
apartment buildings.
you are thinking of
gaudy bright yellow
t.- We don't want to
Mr. Koules: I was remiss in not bringing the sample board to the
Council meeting tonight, but the applicant, at staff's insistence,
does have a sample board, and if Mr. Menley can explain it, I will
be happy to run back to my office. It shows you the roof tile and
coloring of the apartments.
Mayor Connors: What kind of coloring as far as whether it is
subdued, whether it is a color or a tan, or . . .
Page 15
Beaumont City Council
November 26, 1990
Mr. Menley: Well, it is a red t 1e roof with tan stucco, and
trimmed in kind of a light brown to kind of give it a contrast.
Mayor Connors: The wall, then, would be a light tan matching it.
Mr. Menley: Yes.
Mayor Connors: Okay. Are there any other questions that we have
for Mr. Menley. Anybody. Okay. Thank you. Is there anyone else
wishing to speak on Item No. 6. Would anyone else like to speak
on Item No. 6. Then we will close the public hearing.
The public hearing was closed at 8:13 P.M.
a. Consideration of Adoption of Negative Declaration 90 -ND-
9.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to adopt Negative Declaration 90 -ND -9, based on the
findings.
AYES: Council Member McLaughlin, Parrott and Mayor Connors.
NOES: Council Member Leja.
ABSTAIN: None.
ABSENT: None.
MOTION CARRIED
END PUBLIC HEARINGS.
7. Resignation of Council Member William Bauer.
The City Clerk announced he received a letter of resignation from
Mr'. Bauer on November 19, 1990, as he has moved to Florida. He
en informed the Council they have thirty days from that date to
etermine if they are going to appoint a person to fill the
remainder of the term, or to call a special election.
He advised further that the term of office will expire in November
of 1991. Looking at this time frame, Mr. Bounds indicated the
Council could make their determination on December 10, or at a
special meeting either December 17 or 18. He continued with the
information that a special election would most likely cost between
$6,000 and $7,000, and by the time a special election could be
held, there would probably only.be about nine months left in the
term of office.
For the record, Mr. Bounds stated that Mr. Bauer's resignation was
effective on the date the letter was received by the City Clerk,
therefore, Mr. Bauer will not be considered absent in previous
actions taken tonight, but rather a four member council is sitting
as of the date of the resignation.
Discussion followed regarding the options available to the
Council, with an indication they would appreciate the newspapers
informing the public the Council would like to receive
applications from any citizen interested in being appointed to
fill this vacancy on the Council, with a deadline of Wednesday,
December 5, at 5:00 P.M.
Regrets were expressed by the Council Members regarding Mr.
Bauer's resignation.
The meeting was recessed at 8:27, reconvening at 8:44 P.M.
8. Consideration of Revocation of Business License No. 04066, Issued
to Kamal Barakat d /b /a Sahara Market, 985 Beaumont Avenue,
Pursuant to Section 5.04.140 of the Beaumont Municipal Code.
(Continued from October 29, 1990).
Page 16
Beaumont City Council
November 26, 1990
Chief John Funston reported to the Council the judicial hearing
has been heart;, as a result of which the Judge ordered the
Barakats to sell the business within 120 days of November 8, as
well as stipulating they could not conduct business as an owner,
clerk or work in any retail store in Beaumont for the term of
their probation, which is three years.
With this in mind, Chief Funston recommended the request to revoke
Business License No. 04066 be withdrawn at this time, and the
Council take no further action in this matter. He also
recommended that Business License 04066 be flagged in the Business
License Department not to be reissued.
The City Attorney suggested specific language for the motion
concerning this matter, which was incorporated into the motion.
Motion by Council Member McLaughlin, second by Council Member
L 'ja, to direct the City Manager that any request for renewal of
B,�siness License No. 04066, or any business on the southwest
orner of Beaumont Avenue and 10th Street, or request for business
license by Kamal Barakat or Sahara Market for any retail business
in the City, be submitted to the City Council for approval,
pursuant to Section 5.04.140 of the Beaumont Municipal Code.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
9. RESOLUTION NO. 1990 -57 - Intention to Order Abandonment of a
Portion of Grace Avenue. Applicant: Robert Boursaw.
The City Manager presented information concerning this proposed
abandonment, with a recommendation for adoption of the Resolution.
Motion by Council Member Leja, second by Council Member Parrott,
iii.../// to adopt Resolution No. 1990 -57.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
10. ORDINANCE NO. 691 - FIRST READING - Repealing Section 3.12.010 of
the Beaumont Municipal Code and Adding to the Beaumont Municipal
Code Section 3.12.01.0, Dealing with Claims Against the City.
Motion to Read Ordinance No. 691 by title only.
Motion by Council Member McLaughlin, second by Council Member
Leja, to read Ordinance No. 691 by title only.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
The Ordinance was read by title only by the Deputy City Clerk.
The City Attorney called attention to the revised ordinance he
has prepared since being here tonight, in order to include
additional wording needed in the ordinance.
He then pointed out the previous ordinance was adopted in 1913,
which is part of the need for an update in terms of following
State procedures.
There were no questions from the Council.
Page 17
Beaumont City Council
November 26, 1990
Motion to Approve Ordinance No. 691 at its first reading.
Motion by Council Member Leja, second by Council Member
McLaughlin, to approve Ordinance No. 691 at its first reading,
with the revisions as presented.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
11� Authorization to Call for Bids - Stewart Park Sprinkler System.
The City Manager advised we have received approval from the
State, therefore, staff would like to call for bids for
installation of the Stewart Park Sprinkler System, to be opened at
2:00 p.m., on January 3, 1991.
There were no questions or comments from the Council.
Motion by Council Member McLaughlin, second by Council Member
Leja, to authorize staff to call for bids for the Stewart Park
Sprinkler System, to be opened at 2:00 P.M., January 3, 1991.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
12. City Manager Requests City Council Direction on Continued Pursuit
Toward Completion of Plans, Construction and Operation of a
Municipal Water System.
T e City Manager presented his request for direction, a copy of
hich is a matter of record in the Clerk's file.
Mr. Roger Berg and Mr. Oscar Berg, each speaking individually,
addressed the Council in opposition to the City serving water.
Comments were made by all Council Members in favor of completion
of the municipal water system, stating their specific reasons for
feeling very strongly that the system should be completed.
Motion by Council Member McLaughlin, second by Council Member
Leja, to direct the City Manager to continue the pursuit towards
completion of the plans, construction and operation of a
municipal water system.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
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.
V. Approval of Minutes of Regular Council Meeting of October 29,
1990.
Yceptance of Minutes of Regular Planning Commission Meeting
f September 18, 1990.
.Approval of Warrants as Audited per Warrant List of November
26, 1990, in the amount of $273,898.47; Payrolls of October
11, 1990, October 25, 1990 and November 8, 1990, in the
amounts of $65,034.08, $62,946.49 and $63,557.46 respectively.
Page 18
ueaumont city council
November 26, 1990
y
�^f Acceptance of Resignation of Lila Reubin from Senior Citizens
�''° Advisory Commission.
eVpproval of Supplemental Agreement for Use of 16th Year
Community Development Block Grant (CDBG) Funds, and
Authorization for Mayor to Execute Same.
f. Consideration of Approval of Change Orders for Rehabilitation
of Multi- Purpose Room, and Authorization for Mayor to Execute
Same.
Motion by Council Member Parrott, second by Council Member Leja,
to adopt the Consent Calendar as presented.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Date Set for Next Regular City Council Meeting Monday, December
10, 1990, 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 9:33 P.M.
Respectfully submitted,
i
VIA"Ou'a Emm 5ZA I -, q -
an
Page 19
BEAUMONT CITY COUNCIL
MINUTES OF
DECEMBER 10, 1990
The Beaumont City Council met in a Regular Meeting on Monday, December
10, 1990, at 7:00 P.M., in the City Council Chambers, with Mayor
Connors presiding.
On roll call the following Council Members were present: Leja,
McLaughlin, Parrott and Mayor Connors.
The invocation was given by City Manager Bounds, who then led the
Pledge of Allegiance to the flag.
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. Consideration of Filling Vacancy on City Council Created by
Resignation of William Bauer.
Mayor Connors opened discussion by asking the Council what their
feeling was concerning making an appointment or calling a special
election, with all Council Members indicating they were prepared
to make an appointment tonight.
Motion by Council Member Leja, second by Council Member Parrott,
to appoint Mr. Gary MacNeilage to the position of City Council
Person, to fill the existing vacancy created by the resignation of
William Bauer, with term expiring November 5, 1991.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
City Clerk Robert Bounds administered the Oath of Office
prescribed by the State Constitution of the State of California to
Gary MacNeilage. Council Member MacNeilage was welcomed by the
Council and assumed his seat.
5. Election of Mayor Pro Tem.
Nominations for Mayor Pro Tem were opened by Mayor Connors.
F Council Member Parrott nominated Council Member Leja to serve as
Mayor Pro Tem.
There were no other nominations.
Roll Call for Council Member Leja as Mayor Pro Tem.
Council Member Leja: Yes.
Council Member McLaughlin: Yes.
Council Member Parrott: Yes.
Page 1
Beaumont City Council
December 10, 1990
Council Member MacNeilage: Yes.
Mayor Connors: Yes.
Council Member Leja, by unanimous vote, was appointed Mayor Pro
Tem.
6. RESOLUTION NO. 1990 -59 - Opposing the County of Riverside's
Imposition of Fees for Booking Prisoners.
The City Manager presented his report concerning the need for
adoption of this resolution, a copy of which is a matter of record
in the Clerk's file.
7.
The City Attorney pointed out the legislation allowing the
counties to impose this fee was literally a midnight addition to
the package when it passed the budget without any opportunity by
anyone to oppose the measure. Everyone learned about it after it
had been adopted by the legislature.
A comment was made by Council Member Parrott that cities will have
to do something on this problem, with Mayor Connors stating she
felt this was outrageous.
Motion by Council Member Parrott, second by Council Member
McLaughlin, to adopt Resolution No. 1990 -59.
AYES: Council Member Leja,
and Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
McLaughlin, MacNeilage, Parrott
Policy Relative to Wearing of Protective Body Armor.
The City Manager called attention to a typographical error in the
draft policy which will be corrected upon adoption. This
correction is changing the spelling of devise to device wherever
it appears in the policy.
He then gave a general explanation concerning the procedure
involved after a policy is adopted, in this case becoming a part
of the Police Department's Handbook, and explained certain
exemptions allowed when officers will not be required to wear the
body armor.
Questions were asked and comments made by the Council concerning.
this proposed policy.
Motion by Council Member McLaughlin, second by Council Member
Leja, to adopt the policy relative to wearing of protective body
armor.
AYES: Council Member Leja,
and Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
McLaughlin, MacNeilage, Parrott
Consideration of Applications for Appointment to Beaumont Planning
Commission.
Mr. Bounds advised that no applications have been received as a
result of the notice which has been posted for thirty days, and
advising further that the Council can accept an application at any
„r time if one should be received. He called attention to the item
on the agenda concerning the two planning commissioners whose
terms will be expiring December 31, 1990, for which a notice must
be posted for thirty days as required by law. Any applications
Page 2
Beaumont City Council
December 10, 1990
received as a result of this notice, should three or more be
received, can be considered to fill this vacancy in addition to
the two vacancies created by the expiration of the terms.
He continued that unless the Council has a name they wished to
bring forward for appointment, no action was needed on this agenda
item tonight.
It was pointed out by Mayor Connors, with confirmation by the City
Manager, that the two Commissioners whose terms are expiring would
have to reapply for reappointment to the seats.
It was made known to the public the Council will continue to
receive applications for appointment to fill the existing vacancy
on the Planning Commission.
No action was taken on this agenda item.
9. Consideration of a Lease Purchase Agreement with Gateway Western
Bank for New Base Radio Equipment and Voice Communication
Recording Devices, and Authorizing City Manager to Execute all
Documents Required to Complete this Transaction.
Mr. Bounds presented his report, with a recommendation to enter
into this lease - purchase agreement for purchase of this budgeted
equipment. A copy of his report is a matter of record in the
Clerk's file.
There were no questions from the Council, however, Mayor Connors
did ask if we would have the ability to move from the Perris
channel to another channel anytime in the future. The City
Manager responded.that the City is working on this possibility at
the present time, and hoped to be shifted to another channel
shortly.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to authorize the City Manager to execute all documents to
lease - purchase base radio equipment and voice communication
recording devices from Gateway Western Bank on a 36 -month
contract, with monthly payments of $1,715.30, to be charged to
Account No. 2050 -6040.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: Council Member MacNeilage.
ABSENT: None.
10.
ORDINANCE
NO. 690 - SECOND READING - Prezoning 128 acres from
Riverside
County A -1 (Light Agriculture) to City Specific
Planning
Area (SPA 4.1 dwelling units per acre) , (90- RZ -5).
Applicant:
Kirk Evans /KSE Development. Location: Bounded by
Fourteenth
Street to the north, Elm Street to the east, Marshall
Creek and
Florence Avenue to the south, and Noble Creek and
Interstate
10 to the west. (89- ANX- 3 -47).
Motion to
read Ordinance No. 690 by title only.
Motion by
Council Member Parrott, second by Council Member Leja,
to read Ordinance
No. 690 by title only.
AYES: Council tMember Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: Council Member MacNeilage.
ABSENT: None.
The City Attorney explained to Council Member MacNeilage that a,
unanimous vote was necessary in order to read an ordinance by
Page 3
Beaumont City Council
December 10, 1990
title only.. If a unanimous vote is not received, the ordinance
must be read in its entirety. An affirmative vote would not be a
vote for or against the ordinance itself.
Council Member MacNeilage withdrew his abstention, and voted in
the affirmative to have the ordinance read by title only.
For the record the vote is as follows:
AYES: Council Member Leja, McLaughlin, MacNeilage, Parrott
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. 690 at its second reading.
Motion by Council Member McLaughlin, second by Council Member
Leja, to adopt Ordinance No. 690 at its second reading.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: Council Member MacNeilage.
ABSENT: None.
11. ORDINANCE NO. 691 - SECOND READING - Repealing Section 3.12.010. of
the Beaumont Municipal Code and Adding to the Beaumont Municipal
Code Section 3.12.010, Dealing with Claims Against the City.
Motion to Read Ordinance No. 691 by title only.
Motion by Council Member Leja, second by Council Member
McLaughlin, to read Ordinance 691 by title only.
AYES: Council Member Leja, McLaughlin, MacNeilage, Parrott
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. 691 at its second reading.
Motion by Council Member McLaughlin, second by Council Member
Leja, to adopt Ordinance No. 691 at its second reading.
AYES: Council Member Leja, McLaughlin, Parrott and Mayor
Connors.
NOES: None.
ABSTAIN: Council Member MacNeilage.
ABSENT: None.
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
corn Idered as a separate item.
-'. ' 1990. A roval of Minutes of Regular Council Meeting of November 26
pP 9 9 ,
b. Approval of Warrants as Audited per Warrant List of December
10, 1990, in the amount of $359,059.26; Payroll of November
22, 1990, in the amount of $63,856.57, and Special Payroll of
December 3, 1990, in the amount of $21,608.39.
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c. R OLUTION NO. 1990 -58 -
asper Stone Development.
Bc.aumont City Council
December 10, 1990
Approving Final Parcel Map 22793.
\e Authorization to Post Notice Requesting Applications for
Appointment of Two Commissioners to Planning Commission.
f- Authorize City Manager to Purchase Three 1991 Police Vehicles
Through the State Office of Procurement.
Consent Calendar Item No. "d" was removed from the consent
calendar to allow for discussion, and will be considered as Agenda
Item No. 13.
Motion by Council Member McLaughlin, second by Council Member
Leja, to adopt the Consent Calendar with Item d removed.
AYES: Council Member Leja,
and Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
McLaughlin, MacNeilage, Parrott
13. Authorization to Post Notice Requesting Applications for
i Appointment of Four Commissioners to Senior Citizens Advisory
Commission.
Motion by Council Member Leja, second by Council Member Parrott,
to extend the terms of Senior Citizens Advisory Commission
Members Grace Begley, Evelyn Fenton and Helen Manley, and leave
the seat of Lila Reubin vacant, until March 31, 1991, with
direction to the City Manager to provide revised guidelines
regarding the Senior Citizens Advisory Commission to the Council
for review and adoption.
AYES: Council Member Leja,
and Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: None.
McLaughlin, MacNeilage, Parrott
The Mayor asked if there was any objection to setting the date for
the next regular meeting for January 14, 1991, since the second
meeting in December falls on Christmas Eve, and calling a special
meeting if there was a need to do so. There were no objections
from the Council.
Date set for next Regular Council Meeting, Monday, January 14,
1991, at 7:00 P.M., in the City Council Chambers, 550 E. 6th
Street.
There being no further business to come before the Council, the
meeting was adjourned at 7:57 P.M.
Respectfully submitted,
City Clerk
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