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HomeMy Public PortalAbout1991A G E N D A BEAUMONT CITY COUNCIL SPECIAL MEETING DECEMBER 27, 1991 The Beaumont City Council met in a Special Meeting on Friday, December 27, 1991, at 6:00 P.M., in the City Council Chambers, with Mayor Leja presiding. On roll call the following Council Members were present: Brey, McLaughlin, Parrott, Russo and Mayor Leja. 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. 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 Beaumont - Cherry Valley Water District vs City of Beaumont, et al., Case No. 211456, Riverside Superior Court. The meeting was recessed to closed session at 6:03 p.m., reconvening to regular session at 7:25 p.m. Let the record show direction was given in closed session to the City Manager to terminate two part -time police officers, two full time police officers, and one full time position from the City Manager's department, effective January 2, 1992; with termination of one full time position from the City Manager's department and two full time positions from the Vehicle Maintenance Department, effective January 16, 1992. Direction was also given to suspend further work of attorneys and consultants pertaining to all aspects of the water department, except for the completion of the EIR for the City of Beaumont Assessment District 1991 -1. 3. Consideration of Appointment of a Water Committee. Council Member McLaughlin and Mayor Leja volunteered to serve on this committee. Motion by Council Member Russo, second by Council Member Brey, to appoint Council Member McLaughlin and Mayor Leja to serve as the water committee. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 4. Action on Budget Related Items. Ann Connors, 813 Elm Avenue, addressed the Council stating Page 1 Beaumont City Council Member 27, 1991 she had originally asked to speak to the Council regarding the purpose of the meeting tonight, since a letter sent to the employees indicated they would not be doing the budget until January, but it appears they are doing the budget tonight, and asked if this was correct. Mayor Leja responded that the Council is discussing budget items tonight, although this is not the completion of the budget. And reminded Mrs. Connors they have been having these budget meetings all along. Mrs. Connors continued with her statement to the Council, saying she had heard suggestions made for $10,000 worth of equipment in the Finance Director's department, a new police chief and a new hire in the public works department, and something about a $400,000 fund, and there not being any sacred cows. She went on that buying equipment and hiring destroys morale and causes employee resentment when you are laying off elsewhere, especially just two months after San Francisco when the city paid for a dozen people for a conference trip, including a City Manager and Finance Director who knew the financial condition of the City. So far as sacred cows are concerned, she felt this usually relates to police and fire, but cutting departments in an equal percentage is illogical because work in the City Manager's office and planning department go down during a recession, but crime goes up. She felt the City could live with holes in the streets, but holes in people are another matter, and layoffs of officers or dispatchers at the police department, while hiring a public works employee, is obscene. She then pointed out the two temporary part -time officers have worked with no benefits whatsoever, as well as supplying their own equipment, which is a savings to the City, She emphasized that, in her opinion, they did not need to hire a police chief before June as they have an adequate department head with a better run department than under the Chief who retired. They also have volunteers who save the City bundles who are on call, as well as working for free, many hours a month, and yet they often have only two officers on the street when three is not enough. She continued with statements pointing out problems which would be encountered by the police department as a result of this layoff, indicating in conclusion they don't need fewer police officers, they need more, as the citizens should not be left inadequately protected - lives should not be put at risk and officer safety should not be put at risk. Council Member Russo stated he recognized the concern whenever there is a cut in services, especially one which personally affects people. However, he thought it was important to note that this Council, in his opinion, has really reviewed those areas that would seem to have had some room for additional cuts, and in the police department they have used 1.5 officers per thousand people as the level, which is fairly common in other cities, and it was his belief that our neighboring city was very close to that same ratio. Additionally, he thought it should be noted that hiring a police chief will give them an opportunity to have someone who has had administrative experience in police work, and they will strongly weigh, or at least he will strongly weigh, future decisions on staffing of the police department on the recommendations of the Chief, who would be in a better position to make that determination than any member of the Council or member of the public is. He continued those are his personal feelings, and he certainly could appreciate the concern, however, he thought Page 2 5. Beaumont City Council C ember 27, 1991 it was not a time to raise undue alarm. The City has not grown substantially in population from the level the City had in 1989 -90, and all the Council is really doing is returning that level of service back to where it was, and judicially hiring a police chief which, hopefully, will affect the administration of the police department in such a way that it will have a positive affect on the future services of the police in the City. Mayor Leja returned the discussion to the specific agenda item, action on budget related items. The City Manager stated that on December 16 the City Council froze all hiring, however, at that time the city had already interviewed for a part -time kennel aide, who assists the animal control officer. He described the requirements of the position, and the need to fill the position due to the fact without the kennel aide the animal control officer is required to work substantial overtime, since the animal shelter has to be maintained seven days a week. He then requested permission from the Council to fill the part -time kennel aide position. Council Member McLaughlin said it appeared it would be a cost savings to hire the part -time aide rather than pay the animal control officer overtime, and would be a good move on the City's part, with Council Member Brey agreeing with this statement. There were no other comments from the Council. The City Manager then presented a request for authorization to proceed with the striping on Highland Springs Avenue in cooperation with the City of Banning due to the safety issues involved, and the fact the City of Banning has already received bids to do this work. The approximate cost would be in the neighborhood of $8,000, with the City of Beaumont being responsible for one -half of that cost. The funding will be obtained from the gas tax maintenance budget. Council Member Parrott stated this work was needed very badly, and felt the City should proceed, with Council Member McLaughlin agreeing with Mr. Parrott. There were no other comments from the Council. Motion by Council Member McLaughlin, second by Council Member Parrott, to approve the City Manager's recommendation to fill the part -time Kennel Aide position; and to approve the striping of Highland Springs Avenue in cooperation with the City of Banning. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. Consideration of Setting Date for Special Meeting. No action was taken on this agenda item. Date Set for Next Regular Council Meeting, Monday, January 13, 1992, 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. Res ectfully submitted, City Page 3 BEAUMONT CITY COUNCIL MINUTES OF SPECIAL MEETING DECEMBER 16, 1991 The Beaumont City Council met in a Special Meeting on Monday, December 16, 1991, at 7:00 P.M., in the City Council Chambers, with Mayor Leja presiding. On roll call the following Council Members were present: Brey, McLaughlin, Parrott, Russo and Mayor Leja. 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 1991 -92 Budget. Mayor Leja opened discussion on this agenda item by requesting a report from Ronney Wong, Director of Administrative Services. Mr. Wong reported that before them they had the updated City Manager recommended budget dated December 16, which contains some minor revisions from the budget document previously given to them dated December 2. Those revisions are as follows: Adjusted revenue figure of $4,121,774. Typographical error on Page 29, which did show seven police officers, requesting eleven - should be changed to read eleven across. Addition of capital items to transit budget on Page 69. Total on capital expenditures on Page 66 was not brought forward, and now shows a new total of $132,218, rather than $66,918. On Page 76, the general fund numbers for revenue projections on the estimate has been changed to a new estimated fund balance for June 30, 1992, with the transit fund balance also to be corrected as outlined above. In conclusion, Mr. Wong indicated that fiscal year 1989- 90 and 1990 -91 have been added to the entire document for all departments, as requested by Council Member Russo. Council Member Russo presented a report from the Finance Committee, advising that he and Mayor Leja met with the department heads,with the City Manager being unable to attend the meeting due to illness, and the Assistant City Manager attending in his place. The object of the meeting was to convey the Council's direction to have department heads go back to their own respective departments and to report back on any proposed cuts in their departments which they could make, with the understanding they knew and understood their operations much better than the Council did. As a result of this meeting, an additional report has been provided to the Page 1 Beaumont City Council December 16, 1991 Council from department heads, with a narrative of present service levels and how those service levels would be affected if changes were made, and containing any proposed cuts in their budgets. From the information that Mr. Russo has, he indicated it would seem the departments responding have a total budget reduction, if their proposals were accepted, of $144,278. However, there is a caution in that the projected cuts in community development, according to the narrative from the department head, would be a "bare bones" cut from his department, and his willingness to go that far into cuts would be dependent, and justly so, on equal attempts by other department heads to cut their budgets. He went on that, in reality, what he is saying is the response from department heads for further cuts in budgets was minimal, and the issue as he sees it, at this point, is that the Council is going to have to determine the service levels by department. This is going to take more of a department by department approach with the management team to come up with that kind of proposed budget cuts. He requested that Mr. Wong indicate to the Council at this time where they sit with the changes, in terms of proposed general fund revenues compared to expenditures, and he would like that information included as part of this report. Mr. Wong advised that at the end of November, which is the most recent report incorporated into the budget, general fund is estimated at a $600,000 shortage. He clarified this is revenues, compared to expenditures that have been generated thus far for these five months, result in a $600,000 shortage as of November 30, 1991. Mr. Russo reiterated that as of November 30, 1991, they are looking at a $600,000 shortfall, and if they were to continue operations in the same fashion as they are presently operating, and if revenues are to come in as estimated, the City would be 1.2 million short. Mr. Wong stated this is not correct in that some of the items in the revenue are not received on an equal 1/12 basis, therefore, even though five months have gone by, the City has not received, in many cases, 5/12s of the revenue. As a result, that presents a budgeting issue that the revenues do not all come in in equal increments, whereas the expenditure pattern is very close to equal twelfths. So at November 30, it is a $600,000 shortage, but at the end of January it could be as little as $200,000, or the City could be totally positive. It is totally dependent on when the revenues are coming in, and how much. It is very difficult to estimate, and it could not be stated at this time that the City would be 1.2 million short if they continued at this pace until June. Council Member Russo said this is critically important to take into consideration when they are looking at proposed budget cuts in either services or personnel. He wanted to make certain, for both himself personally and members of the Council, that everyone is aware that while the City is running at that deficit level now, it does not necessarily mean the City would multiply that by two by the end of June 30. He thought they needed to be certain they were clear on the numbers, and then asked, in light of the suggestions made by the accountants, and in looking at the revenues as they are presently projected, what did Mr. Wong feel, since he is in charge of finances for the City, would be a safe level to project the revenues and what levels could be expected in terms of expenditures to budget for the remainder of the year. Page 2 Beaumont City Council December 16, 1991 Mr. Wong responded the first point would be that the auditors recommendation of 15% reduction of expenditures would relate to generally $700,000. With the remaining six months in this fiscal year, the City would have to lay off half the force to accomplish that, and he thought that was out of the question. As far as the revenue projections in the general fund, some of these revenue estimates, in Mr. Wong's determination, still may be a little high. He felt the City would be fooling themselves if they thought they would collect 1000 of the 4.121 million projected. By the same token, he also thought they would be fooling themselves if they thought they would spend 100% of the projected amount, as the City generally does not. In this last fiscal year $89,000 less was spent than what was budgeted - so the City never really spends the entire expenditure nor do they ever realize 100% of the estimated revenues. So the challenge is even greater to attempt to balance the budget. Council Member Russo said, if he understood what Mr. Wong and the auditors are saying, the City should be ultra - conservative in terms of expected revenues, and trend - conservative based upon best year scenarios for expenditures. In other words, if they look at the trends of expenditures over the past three or four years, and find a year that is most comparable in expenditure to revenues expected, that should be used as a base to determine their expenditures in projecting the next six months, with Mr. Wong agreeing this would be one method. With that train of thought in budgeting, Mr. Russo continued that it would seem to him that the City needs to take another look at the revenue projections and make some cuts to protect against any shortfall. And then, on the basis of expenditures, whether they be services or personnel, they take an approach of looking at department by department, establish the service levels, and then work with department heads to make appropriate budget cuts to do what they can to relieve as much as possible of the shortfall. He concluded that this is his recommendation to the Council, realizing that still leaves a lot of work to do, but at this point he knows of no other way, with the only problem to be faced being the mechanics and exactly where it is going to come from. He also wanted it stated for the report that based upon department head input, he is sad to report, but has to report honestly, that he believes it is going to have to come from this Council. Council is going to have to give direction in service levels, and may even have to give further direction individually in departments. If the department heads cannot see the way to do it, in working with the management team, the City Manager and the staff, then the Council will have to determine what those levels are going to be. There were no questions or comments from the Council or staff relative to Mr. Russo's report. Mayor Leja said they have two options at this time, and that is to establish what their target area for reducing the budget will be by the end of this fiscal year, realizing they cannot reduce by 15 %, or even a $325,000 budget reduction, but they need to come up with some type of a guideline or a goal which they can achieve - a good percentage of the budget which needs to be reduced. She then asked for staff input, and in answering a question from the City Manager, indicated she would like for them to quickly discuss a target area or level for them to reduce to by the end of the fiscal year. Page 3 Beaumont City Council Member 16, 1991 Mayor Leja asked for guidance from staff concerning the percentage they could look at without reducing the service level drastically, or should the service level be evaluated f irst . The City Manager recommended they should evaluate the service level first, since they couldn't cut 5o without cutting service levels. Mayor Leja suggested they re- evaluate the revenue projections first and then, if there are no objections, they would go through department by department discussing staffing levels. She then directed attention to Page 2 of the budget document, stating that it is both Mr. Russo's recommendation and Mr. Wong's professional opinion that the revenue projections are overly optimistic, so the Council should take a conservative approach in reviewing these projections. Mr. Wong recommended consideration should be given to reducing the $317,070 shown under specific plans, with Council Member Russo asking if that included the $277,000 from Lockheed. The City Manager confirmed that was correct. Mr. Russo then suggested that amount be removed from the budget at this time, and when the funds are received appropriate adjustments could be made. In other words, treat that as a separate budget for that specific project. In arriving at the specific amount, Mr. Koules advised the amount from Lockheed would be $280,885 of which $2,500.00 had already been paid, for a net amount of $278,385. Mayor Leja indicated they should deduct $280,885 from the $317,070, with Mr. Wong stating that would leave $36,185 as the total for specific plans in the projected revenues. Responding to a question from Mayor Leja, Mr. Wong stated he was comfortable with the remainder of the projected revenues. The adjusted total, after reducing the specific plan amount, was calculated to be $3,840,889. Council Member Russo asked what percent, generally, of expected revenues can now be anticipated, with Mr. Wong answering he felt they would receive an amount very close to the adjusted total of $3,840,889. Council Member Russo then asked, given the revised budget, where do they see the total general fund expenditures, with Mr. Wong referring to Page 1 of the budget document, with an estimated expenditure total of $4,314,673. In taking the $121,026 beginning deficit, the projected revenues of $3,840,889 in addition to the fund transfer of $22,845, and deduct the projected expenditures of $4,314,673, there would be an estimated deficit of $571,965. Discussion was then directed to the proposed expenditures, with Mr. Wong advising that within the operations and materials of each of the departments, he felt cuts and reductions have been done to a point where there are some areas where they will have to look at possibly increasing some of them due to the f act of the f ive months which have already gone by. For the most part, capital expenditures throughout the departments have also been reduced to zero, which leaves salaries and benefits as the only area remaining. Council Member Russo asked if there was information concerning capital expenditures expended so far this year, with Mr. Wong stating there have been some expenditures such as the air conditioning for the 911 room at the police department, although a zero amount was budgeted. The City Manager also called attention to the first three items in the Page 4 aumont City Council December 16, 1991 police department budget, which are monthly payments for a new radio system for dispatching with the capability of taping incoming calls, etc., for a period of 36 months. There is also a monthly payment included for the leased cars. Mayor Leja requested they start their discussion at the beginning of the budget so it would not appear one department is being singled out. The review then began department by department as follows: City Council: Council Member McLaughlin stated that since they are starting with the Council budget, and are commenting about how the budget has to be cut, and everyone has to bite the bullet, he feels the Council should set a standard showing they are willing to also go along with cuts, since the City has a very good staff who do an excellent job. He proposed they cut their salaries from $18,000 to $15,000 for a $3,000 savings; and operations and materials from $11,900 to $7,550 for a savings of $4,350; with the overall budget for the City Council reduced from $30,210 to $22,860, for a total savings of $7,350. He went on to say he felt if the Council is going to tell the departments they are going to have to do something about staff, or take a cut in pay, the Council should set the standard, and although this may not be a remarkable reduction, at least the Council would have made a start. When asked by Mayor Leja if he could be more specific concerning exactly what should be cut to arrive at his total, Mr. McLaughlin said he didn't know if the amounts for office supplies and dues and subscriptions were needed, so he hasn't changed anything there. So far as travel, training and meetings, he suggests reducing that to $6,000, and also suggests reducing community promotion to $2,000. The City Manager pointed out one problem with Mr. McLaughlin's suggestion is that $6,738.39 has already been spent for 1991 -92 for travel, training and meetings, and $1,157.08 has already been spent for community promotion. Mr. McLaughlin said, naturally, his figures were subject to adjustment based on actual spending, however, he feels strongly that the Council should participate in cuts to the best of their ability to demonstrate to all other City departments. Mayor Leja felt one of the areas that could be cut is spouse expenses presently paid for by the City. Discussion continued relative to the operations and materials portion of the Council's budget, with questions being answered by the City Manager and Mr. Wong regarding exactly what each budgeted item is used for. Mr. Wong also pointed out that additional costs have been incurred in the first 16 days of December which are not yet recorded, and if the 0 & M is reduced to the current level right now, that would freeze that account for the remaining six months of the year, precluding the Council from spending anything further in these particular categories. That is the reason he originally suggested the operations and materials accounts should not be touched at this time. CITY MANAGER: The City Manager addressed the increase of salaries and benefits from 89 -90 to 90 -91 as being the addition of an Assistant City Manager and secretary for a portion of 90- Page 5 Beaumont City Council cember 16, 1991 91, and the difference between 90 -91 and 91 -92 is the four full time people (City Manager and Secretary, Assistant City Manager and Secretary), and one half time person in the City Manager's office for a full year. Council Member Russo asked for a review of the actual expenditures shown on Page 7, with expenditures shown for 89- 91 of $141,371.15, 90 -91, $181,017.48, and requested for 91- 92, $281,575.00, which would indicate a $100,000 increase over the previous year, and $140,203 over fiscal year 89 -90 actual. The City Manager pointed out that salaries and benefits represent over $100,000 of that budget, with capital expenditures having been decreased to almost nothing. He did call attention to the fact one item had been added as a result of the Assistant City Manager advertising for personnel, which previously had been charged to Administrative Services. CITY CLERK: The City Manager reviewed the comparison of the three years shown, advising that the increase in elections was due to the fact the cost of an election increased by almost $5,000.00. ADMINISTRATIVE SERVICES: Mr. Wong advised there is a transfer from this department into the sewer department and transit department for salaries and benefits, which was an oversight on his part to reduce the figure shown at this time, so it looks as if it has been over - expended. Council Member Russo commented it appeared this department is looking at $3,000 in expenditures over the previous year, with Mr. Wong agreeing, with that amount being in salaries and benefits. Mayor Leja questioned the capital expenditure shown of $10,000, with Mr. Wong referring them to Page 17 which shows the three system upgrades for the computer system, explaining the benefits that would be derived from this upgrade. CITY ATTORNEY: The City Manager explained that the two firms charged to this account are Mr. Ryskamp's firm and the City's special police counsel, which it is anticipated is budgeted short due to two new cases which have been filed. Mayor Leja asked why the attorney for water was not carried over into 91 -92, with the City Manager explaining this was moved into the developer field, and will not be taken from the general fund. Council Member Russo wanted to know what the reality is in reference to the City Manager's comment that the police attorney is budgeted low. Mr. Bounds responded that he needed to work with the firm a little more to get a better estimate, but he thinks it will be an additional $20,000. Mayor Leja said she also anticipated there would be an increase in the City Attorney budget due to their searching for a new City Attorney and expecting the rate will be more than that which Mr. Ryskamp has been charging. COMMUNITY DEVELOPMENT: The City Manager reviewed the comparative figures of the three Page 6 Beaumont City Council :ember 16, 1991 years, calling attention to the fact that in the contractual services field $63,000 of the $67,000 budgeted has already been spent, so they will be short there. Mayor Leja wanted to know what this covered, with the City Manager replying this would cover approximately $7,000 for Kleinfelder Co., who is producing the City's plan for waste management as required by the State, with the balance being the City Engineer. Mr. Koules, the Community Development Director, emphasized the department was under budget on the operations and materials, with the large amount being contractual services and staffing. Mr. Wong pointed out one new not in the 1989 fiscal year, fee for Fish and Game. GENERAL GOVERNMENT: item had been added which was and that is the County posting The City Manager explained certain items included in this budget, including the amount used for renovation of the multi - purpose room, which will be paid for by community development block grant funds. Council Member Russo asked what is included in contractual services, which Mr. Wong could not answer at that time. Let the record show he returned to the Council later in the meeting with the information this covers the maintenance agreements for the photocopy machine and postage meter. POLICE: The City Manager again reviewed the comparative figures, with a specific comment concerning the purchase of vehicles last year, and the fact no new vehicles would be purchased this year. Mr. Wong called attention to the fact the holiday retroactive payoffs which have been made this year, shown on Page 29, is a one -time add -on. The meeting was recessed at 8:16 p.m., reconvening at 8:30 p.m. Council Member Russo again wanted to compare the three fiscal year expenditures and receive input on the increases shown. The City Manager indicated the differences are in 1990- 91 the D.A.R.E. Officer was added, and three part -time investigators was changed to two full -time investigators, which increased the staffing of sworn officers from 17 to 20, and increased the expenditures from one million two to one million five. In addition one additional vehicle was purchased, the first payment was made on the new radio equipment, and County booking fees were added, increasing operations and materials from $141,955 to $186,754 and Capital expenditures from $39,922 to $112,449. Mayor Leja asked for information concerning two positions presently in the police department for which the City was searching for officers, with the City Manager explaining there are two positions which are vacant which are being covered by part -time temporary employees, drawing first step police officer salary with no fringe benefits. The City has not moved to fill those two positions at this time. Mr. Bounds did call attention to the fact the City has advertised for a police chief, and a determination needs to be made whether or not that should be slowed down, because it closes on December 20. Page 7 Beaumont City Council cember 16, 1991 Council Member Parrott asked if the Council would be reviewing the Police Chief applications as he thought they should, with Mayor Leja indicating the Council would set up a criteria or philosophy the Council would like to see emphasized in the type of person that is hired, whether it is by the Council or by some other means. Council Member Brey asked what the total percentage would be so far as fringe benefits are concerned for the two police officer positions just discussed, with the City Manager advising it is almost 50% of the salary. Mr. Wong stated the starting first step for police officer is $28,739 annual, with the fringe benefits related to that being $15,572, for a total of $44,311. FIRE: The City Manager advised the biggest change they would see in fire is the contract service charge, with the 89 -90 contract service charge showing an overage of money due to the fact the last payment of the prior year was not paid until fiscal year 89 -90 resulting in a misnomer - the actual contract price was $313,631 that year. The increase for this fiscal year is roughly $50,000, which results from the County stating that contract cities should pay their own way, and the contracts are being increased by approximately $50,000 per year for a period of five years in order to arrive at what they considered the correct figure to be for the cities to pay their own way. Chris Wurzell, Battalion Chief, Riverside County Fire Department, gave the Council background information concerning how the fire department arrived at the determination they were basically underfunded in the contract services, and explaining that the figure for Beaumont is $165,000, to be phased in over a three year period. The fire department has agreed to operationally take the budget shortfall, with the first year increase being $55,000 (91- 92). Fiscal year 92 -93 would be an additional $55,000 and 93 -94 an additional $50,000, which would bring it up to the full service charge. Mayor Leja commented she would be interested in seeing how the County Board of Supervisors arrived at this figure and to see how this is "paying our own way ", and what the comparative is for other cities who contract with the County and other methods of fire protection. She then asked the City Manager if this is paying the City's own way, or would it be generating more money for the County that is above and beyond the services which are received, or how would having the City's own department compare to contracting. The City Manager said he was not prepared to make comparisons at this meeting, however, all the print -out material furnished by the County was given to the Council when they approved the contract in August, and this information could be given to them again. Mayor Leja said these were areas of interest on which she would like information, and it would be good to receive this information again in order to re- evaluate it, and, also, there are two new Council Members who should have this information. Council Member Brey asked if they could receive a study regarding forming the City's own fire department. Batt. Chief Wurzell indicated he could provide information from studies by the County. The City Manager said after this information is received, staff could also do some comparative work, such as examining Banning's costs, etc. Page 8 Beaumont City Council cember 16, 1991 BUILDING INSPECTION: In reviewing the comparisons for the three fiscal years, the City Manager said it would be better to compare 90 -91 and 91- 92 as 89 -90 was 100% contract, whereas 90 -91 and 91 -92 are based on a full time City Building Inspector. The contractual services shown for 90 -91 and 91 -92 are for plan check work that is done by plan check engineers. There were no comments or questions from the Council. PUBLIC WORKS: The City Manager again reviewed the comparative figures, explaining the larger range is in contractual services, which includes adding the maintenance contracts for the fuel system, electric gates, etc., to this account. He did call attention to the fact this account is mostly an administrative function, with all of the fuel for the various vehicles that are operated by Mr. Aguirre's departments charged to this one account, and all the uniforms charged to this one account for simplicity. The handi talki budgeted under capital expenditures is to replace one which was stolen. Council Member Russo questioned why this particular department increased from $76,946 in 89 -90 to $101,304 in 90- 91, back down to a City Manager recommendation of $80,149 for 91 -92. Mr. Wong responded that in 90 -91 there is a $12,000 vehicle, as well as the fuel system maintenance Mr. Bounds had already addressed, with the City Manager explaining further there was an amount of $75,116 actually requested in 90 -91, however, due to the f act he was allowed a pick -up over and above the approved budget, and the costs involved for the fuel system in contractual services due to a fuel leak and extra testing as a result of the leak, an over - budget amount actually spent was $101,304.77. Replying to a question from Council Member Russo, the City Manager stated the Public Works Supervisor is the supervisor of the street maintenance department, the parks department, the pool maintenance department and the building maintenance department, and the people who work in those various areas. The reason for the department known as Public Works, is the budget follows the State's recommended guidelines, and the State has certain things that they ask for you to report to them, and part of that comes out of this section called public works. He explained further how the salaries are charged to the different departments. There were no further questions from the Council. STREET MAINTENANCE: The City Manager explained that under 4060, the $303,000 amount shown was an error, as the supervisor had requested work to be done on streets which is not charged to this account. In looking at the comparison figures, the changes are basically in the amount of materials to be used and the number of people doing the work. Public Works as a whole, which includes street maintenance, is operating two men short at the present time, and those vacancies will not be filled unless authorized by Council action. Mayor Leja wanted to know exactly how many people are working for public works, including the supervisor, as of today, with the City Manager responding there are a total of four. He did explain the building maintenance man, who has been off on disability, is due to be back to work the last week in Page 9 ^-�aumont City Council : cember 16, 1991 December. Mayor Leja then wanted to know how they function, with the City Manager explaining one of the ways they have been functioning the last couple of weeks is through working trustees, however, this is not skilled labor, and they do need skilled labor on many of the jobs. Mayor Leja asked what percentage of the labor force is in street maintenance, with the City Manager replying it is 1.6, a little over one and a half, not filled. Council Member Parrott wanted to know what buildings have to be taken care of, with the City Manager answering they include the Civic Center Building, the parks buildings, corporation yard buildings, sewer plant buildings, police department. Responding to a question from Mayor Leja, the City Manager continued that this department takes care of the streets, (other than contract maintenance work such as overlays and street striping), the street sweeping, trimming of tree limbs around street signs and stop signs which threaten visibility, grading of alleys after rains, taking care of tumbleweeds that obstruct City streets, flooding problems. Mayor Leja requested they review parks at this time since it is a part of the whole picture for public works manning. PARKS: In reviewing the comparative figures, Mr. Bounds pointed out that in 91 -92, the CDBG block grant program to replace the roofs on the buildings in Stewart Park and to purchase playground equipment, is included, which will be paid for by the block grant funds. There is also an amount of $5,660 which was the remainder due on the sprinkler system in Stewart Park, and is a State park grant, payable after July 1. These improvements to the parks increase the capital expenditures over the prior years, but are all paid by grant monies. Answering a question from Mayor Leja, Mr. Bounds advised that pool maintenance is also provided by the public works crew. Mayor Leja stated that in handling all of these tasks - street maintenance - parks - pool maintenance - building maintenance, they are short two people, with a third person off on disability, and it is her feeling this is one area the Council should consider authorizing staff to fill one of those positions. STREET LIGHTING: The City Manager explained that street lighting is not a general fund account, but rather an assessment district account, and, basically, this is where the energy source for the street lights, and the maintenance on street lighting and traffic signals, comes from. There were no questions or comments from the Council. SEWER SERVICE: The City Manager advised that sewer service is an enterprise account, meaning there is no general fund money used in the system. In reviewing the comparative figures, he stated the personnel remained the same - the 0 & M expenses move around a little bit, especially this year under contractual services they have requested more money due to some of the new State Water Quality Control Board regulations they are having to Page 10 adhere to. There were no comments or questions SANITATION: Reaumont City Council ; cember 16, 1991 from the Council. The City Manager described this account in that it is for the pick -up of trash, and is billed along with the sewer bills. The City then pays the contractor, Inland Disposal. The contractor is paid for 100% of the city whether the money is received or not. If the bills are not paid, they are placed on the tax rolls for collection. There were no comments or questions from the Council. VEHICLE MAINTENANCE: The City Manager reviewed the comparative figures, indicating that one me hank was added for a portion of 90 -91 and all of 91 -92, and increase of one -half of a clerk- dispatcher in this budget. A portion of the mechanics, and one -half of a clerk- dispatcher is charged to transit. Referring to the 0 & M costs, he pointed out the costs for each department are charged to this account. Also, the entire radio system, regardless of the department in which they are used, are charged to this account. He called attention to Account N 6 althou e requested budget amount if $5,579 as actually spent 6 27 thereforerill have to be increase There were no questions or comments from the Council. SENIOR CENTER: Mr. Bounds stated the only changes in the comparative figures are in the 0 & M costs, with no capital being requested this year. There were no comments or questions from the Council. POOL: There were no additional comments concerning the pool budget, since pool maintenance was previously discussed along with public works /street maintenance. TRANSIT: The City Manager advised this is an enterprise account, with the City in partnership with Riverside County since we provide service to the unincorporated area of Cherry Valley. The comparison figures were reviewed, with the big change being the addition of new buses, which were budgeted in 89- 90, but did not arrive until 90 -91. 91 -92 also shows the addition of one new bus. Council Member Russo asked what percent of the financing of this department comes from the general fund, or does it all come from another source along with the return from the fare boxes. The City Manager stated the financing comes from fare box recovery, Article 4 money (a gas tax fund on sales tax of gasoline) , and money received from the County which is a portion of their Article 4 money for the Cherry Valley run. The buses are paid from a fund known as the "stay" fund, which is a fund that Riverside County Transportation Commission is able to get to help in capital costs. Page 11 Beaumont City Council cember 16, 1991 Council Member Russo wanted to know what else Article 4 monies could be used for, with the City Manager providing information that if it could not be used for transit, it is converted to Article 8 money and can go for street work. It cannot be used for anything else. Council Member Russo then said if they look at the 0 & M for 89 -90 at $74,169, and then 90 -91 at $87,080, it would appear that most of that difference is reflected by the depreciation expense, which is not a direct cost of operation in terms of the cost of maintaining vehicles. Then in looking at the 0 & M for 91 -92 at $128,450, most of this increase is again reflected by the depreciation expense. He went on to say he is confused at the percent of increase to actually maintain vehicles in relationship to the percent of increase in the labor to maintain them and the people to run the buses. His question is has the City put that many more buses on the street in terms of transit. Mr. Wong pointed out there were three new buses purchased in 90 -91, with Mr. Bounds clarifying that although three were purchased, two were replacements, so there actually was one additional bus placed in service. Mr. Russo stated he is not looking at capital expenditures, he is looking at salaries and benefits compared to actual operating costs for the vehicles themselves (fuel & oil, etc.), and he doesn't see that great of an increase. He continued there is a $100,000 increase in salaries to operate the same number of buses, wondering if he is reading this right. Mr. Wong said the five bus drivers and the five part -time bus drivers are not currently fully funded. At this time there are not five full time bus drivers and five part -time bus drivers, so the cost that is anticipated to fill these positions currently does not have the ten total. There are not ten bus drivers out there. Mr. Russo wanted to know how many there actually are at this time, with Mr. Swoda, the transit superintendent, advising there are four permanent, and three part -time. Mr. Russo then recapped that it would appear they started out with three full time and three part -time, then they added one, so the projection of the addition of two full time and two part time would be an additional $100,000 in salaries and benefits. He went on that if the Council were to freeze this right now, and not hire those two positions, the salaries and benefits in this department could be reduced without affecting anybody presently working. Mr. Wong confirmed this would be correct, however, it would not affect the general fund. Mr. Russo said he realized that, however, if Article 4 money isn't used for transit, it can be converted to Article 8 and the City could use it for street maintenance, asking if it could be used for salaries too. The City Manager advised it could not be used for salaries, but it could be used to pay for contract services but it cannot be a repair job, it has to be a construction job. For example, if an inch and a half overlay is done, that is called construction. If you go out and do a six by six square, you are maintaining the street. Mr. Russo questioned if this is what the auditors were referring to when they said the City had underestimated, with the City Manager saying that was the maintenance of effort and Measure A money, which is something entirely different. Mayor Leja asked what source of funding could be used for the striping at Highland Springs Avenue. Mr. Bounds replied that 2107 gas tax fund for maintenance could be used for the project. Page 12 Beaumont City Council ; cember 16, 1991 Council Member Russo said, while he recognized that Article 4 monies could not be used for anything else, especially for general fund, his personal approach in looking at the entire budget picture is to provide parity across the board if they are looking at additional costs - and they should look at all departments irrespective of where the revenues come from and try to do the best job they can to balance that, so there is no one department that has the luxury of having everything, and some who don't - not that transit has everything, but they need to look at the balancing act. The City Manager said if you get money into the Article 8 account, it draws interest and you can do other things with that. There were no other questions or comments from the Council. GAS TAX /STREET CONSTRUCTION /MEASURE A: The City Manager advised that some time ago they indicated to RCTC that Measure A monies would be used for two projects, one of which would be the resurfacing of Beaumont Avenue from 5th Street to 14th Street, with this resurfacing involving grinding the street to get the high crown out, and doing either a remix or resurfacing program. The second project would be the signal at Beaumont Avenue and Sixth Street, changing from a timed signal to a computerized signal which would be operated on demand and not on timing. He then summarized the three projects scheduled for which gas tax funds will be used would be 1) the completion of the signal costs at Pennsylvania and Sixth as well as Beaumont Avenue and Fourteenth Street; 2) the resurfacing of Beaumont Avenue; and 3) changing signals at Beaumont Avenue and Sixth Street. There were no comments or questions from the Council. This completed the department by department review of the budget, with Mayor Leja asking for comments from staff or the Council. Council Member Russo said he would like to present something purely for discussion purposes, asking if they were to look at 89 -90 actual expenditures, using that as a base for reference, and if they were to say to the City Manager they want him to go back and look at 89 -90 actuals, and the present recommendations, and determine somewhere in between there, a way to balance the budget with the department heads, would that be an unrealistic suggestion or request. The City Manager stated if they were going to try to balance it with 0 & M costs it would be unrealistic, as there just was not that much 0 & M costs in the budget, and there are so few capital expenditures left that are not already funded or expended there would not even be $100,000. Council Member Russo then asked if there were any other revenue sources, with the City Manager saying he was not aware of any. Mayor Leja then asked what was left, with the City Manager saying the only thing left is employees, continuing that if they went through the 0 & M he questioned if they would be able to find another $3,000 total. Mayor Leja said there was a suggestion made at the staff meeting that before they would start announcing cuts in departments, that they consult with the department heads, which is what it appears they will have to do. Page 13 -eaumont City Council cember 16, 1991 Mayor Leja then asked if there were other areas that needed to be addressed, or if the Council would like to continue this discussion after they have met with department heads privately. Council Member Russo said he would like to get a feeling from the Council to allow the Council appointed committee to continue to work with the staff for the next round of talks regarding the proposed cuts. In that way they would have the ability to come back with a proposal so the Council does not have to end up going through things again. He asked for authorization for the committee to go ahead and work with the department heads and actually talk about numbers and whatever has to be done, and come back with some kind of a format and proposal for budget cuts, revenue additions, whatever solutions might be available. Motion by Council Member Parrott, second by Council Member Brey to authorize the special finance committee to contact the City Manager and Department Heads to discuss budget cuts, revenue additions, or any other solutions which might be available, and to bring a formatted proposal from staff and the Council committee back to the City Council. Council Member McLaughlin said since they are talking about re -doing this in three months, and as Mr. Wong has stated several times this evening there will be money coming in that may change this picture, he sees no sense going back to staff at this time to see if they can cut employees, as it appears to him they barely have an adequate staff to maintain whatever the City needs for the citizens of this community. He went on to say he doesn't have the same desperate feeling the rest of the Council has in this matter. He feels like they have a staff that is on top of this, and watching it very carefully. There is deficit spending in almost everything that is involved today - in schools, etc. - but before staff is cut he feels like they should give it a little more time to see what the economy does in the next three months. He continued that he felt they should go ahead and adopt the budget, as they will be into next year's budget before they ever adopt this year's budget at the rate they are going. Council Member Russo disagreed wholeheartedly with Council Member McLaughlin, saying the City is already into its sixth month of this fiscal year and it doesn't look good, and if they continue on he could not see how they, in good conscious, could let the City go into a deficit further without making every attempt they can to do as much as they can to reduce that deficit by the end of this fiscal year. Even if the economy were to turn around he could not see how they could get as much as is needed to even end up with half the deficit unless the Council takes some action. He went on this is not the f irst year the City has been in deficit spending as it appears that has been the case for the last three years, and if the Council does not bite the bullet and face the issues head on, it will not be the last. Mayor Leja said in the past the City has had the reserve fund, but that is exhausted now, and although she knows they need to think of the employees, they have got to think about next year_ if the economy doesn't turn around. How does the City pay its bills - Council Member Brey stated he would like to see the committee be able to negotiate with the department heads and bring the information back to the Council. VOTE TAKEN ON PREVIOUS MOTION to authorize finance committee Page 14 3. 4. 5. Beaumont City Council ; cember 16, 1991 to contact the City Manager and Department Heads to negotiate budget cuts. AYES: Council Member Brey, Parrott, Russo and Mayor Leja. NOES: Council Member McLaughlin. ABSTAIN: None. ABSENT: None. Consideration of Formation of Search Committee to Fill Position of City Attorney. Mayor Leja stated she would like to nominate two Council Members who she feels would serve in this capacity in a very good way, and those are Mayor Pro Tem Frank Parrott and Council Member Matt Brey. Motion by Council Member Russo, second by Council Member McLaughlin, to appoint Council Members Brey and Parrott as the Search Committee to fill the position of City Attorney. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. Recess to Closed Session Pursuant to Government Code Section 54957 to Consider Public Employee Personnel Matters. The meeting was recessed to closed session at 9:43, reconvening to regular session at 11:14 p.m. Let the record show no action was taken in closed session. Action on Budget Related Items. Council Member McLaughlin commented it was his understanding nothing would be done with the budget until after the committee had met with the department heads and the City Manager. Council Member Russo said he would like for the Council to consider freezing all capital expenditures and all hiring, transfers and promotions. Council Member McLaughlin stated this should come to the City Manager, with the City Manager bringing it to them if it is necessary. Mayor Leja indicated she felt one department was extremely overworked and she would like for Council to consider filling one of the vacancies in public works /street maintenance, as they are, in her opinion, way understaffed. Responding to a question from Council Member Brey, the City Manager stated the position had been vacant since October, and responding to a question from Mayor Leja, he stated the salary would be $23,500 for a year. There were no objections from the Council in filling one vacancy in the public works /street maintenance department. Mayor Leja then asked for input from the Council concerning continuing to pursue the hiring of a new Police Chief. The City Manager pointed out the closing date is December 20, therefore, if a hiring freeze is in place all applicants would have to be contacted that a freeze has taken place. Council Member Russo said his approach for a freeze is not necessarily to stop that particular process, just that the Page 15 Reaumont City Council : cember 16, 1991 Council would be able to review any hiring, etc., before they take place. Therefore, he personally is not in favor of stopping the search for a police chief, and wants to see it proceed. The City Manager asked for clarification that they are to continue to the point of making offers. Council Member Russo said he had no problem with that, with Mayor Leja stating they will have to find out how much money they have to offer, or how much money they would work for. The City Manager pointed out you don't bring people here and go through the interview process unless you are going to make some offers. Mayor Leja said they are going to be hiring a police chief, as she saw no way around that - it has to be done. The City Manager said he thought the freeze meant the City would hold off everything at the present time. Council Member Russo said the freeze would be with those two exceptions - the public works vacancy and the hiring of the police chief. There were no other comments from the Council. Motion by Council Member Parrott, second by Council Member McLaughlin, to place- a hiring freeze on all vacant positions, with the exception of replacement of a public works employee and the continuation of the hiring of a police chief, with this freeze to also be placed on all transfers and promotions. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. Motion by Council Member Russo, second by Council Member Parrott, to place a freeze on all capital expenditures. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. Discussion followed concerning setting a date for another budget meeting. Mayor Leja called a special meeting for budget review to be held on Friday, December 27, 1991, at 6:00 p.m., in the City Council Chambers. There being no further business to come before the Council, the meeting was adjourned at 11:30 p.m. Respectfully submitted, LA. l -- Page 16 BEAUMONT CITY COUNCIL MINUTES OF DECEMBER 9, 1991 The Beaumont City Council met in a regular meeting on Monday, December 9, 1991, at 7:00 P.M., in the City Council Chambers, with Mayor Leja presiding. On roll call the following Council Members were present: Brey, McLaughlin, Parrott, Russo and Mayor Leja. The invocation was given by Council Member Russo, 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 HEARING - (Continued from November 25, 1991) 4. APPEAL OF TWO CONDITIONS OF APPROVAL REQUIRED BY THE CITY ENGINEER FOR TENTATIVE TRACT MAP 24933, AS APPROVED BY THE BEAUMONT PLANNING COMMISSION ON 9/17/91. APPELLANT: Omega Homes /Thomas Shelton. LOCATION: Southeast Corner of Beaumont Avenue and Cougar Way. (89- TM -8 /R). The Assistant City Manager, Lee Ann Overstreet, called attention to a memorandum given to the Council at the beginning of the meeting, containing a recommendation from the City's special counsel for water matters, as well as making known the fact the City Engineer, Jim Dotson, is present to answer questions. Recommendation from staff is to uphold the Planning Commission conditions of approval of September 17, 1991. The City Engineer, Jim Dotson, stated he would stand by the recommendation that the Council adopt the conditions of approval as written. The Public Hearing was opened at 7:04 p.m. Mr. Keith Dagostino, civil engineer with L. A. Wainscott & Associates, representing the applicant: The two conditions, I believe Council got a copy of the letter request that we had, I would like to direct the drainage condition first, which was condition 4.02. Our objection to that condition is that we feel it potentially burdens this project with the cost of a storm drain improvement that does not benefit the subdivision. An improvement that would only benefit other areas. The need for a storm drain in Cedar View Drive, if necessary, will only be created by the diversion of drainage upstream, or the re- routing of drainage upstream. And this re- routing would only benefit other areas. Therefore, we feel it is unjust to ask that we be responsible for any cost associated with such a storm drain. We are asking that the condition be deleted, or that wording be added to the condition that states that Omega Homes will not be required to fund any of the cost for a storm drain, if indeed it Page 1 Beaumont City Council December 9, 1991 is necessary in Cedar View Drive. I would like to point out that this project is already conditioned for approximately - well, for some significant drainage improvements associated with Marshall Creek - concrete lining of the channel - and also conditioned to build the Cougar Way crossing. So, these improvements, you know, are likely to range in the neighborhood of $300,000, so we are already being conditioned to make significant drainage improvements. And, again, the requirement for a drain in Cedar View Drive would seem to be the responsibility of someone else. Regarding the water condition 3.03, as stated in the letter, Omega Homes is somewhat uncomfortable. We are concerned this City may not be in a position to serve water in a timely manner for the subdivision, and we would like to ask that wording be added to the condition that gives us the opportunity to negotiate with any water purveyor that can serve us water at the time. So, that kind of concludes what we have proposed. I would like to answer any questions that you might have. I would happy to. Mayor Leja: All right. What we will do is continue with the public hearing, and then if any Council Members have any questions when we begin to discuss it, then we will call on you at that time. Mr. Dagostino: Okay, thank you. Mayor Leja: Is there anyone who wishes to speak in favor of the project. Tom Shelton, Omega Homes: I would only expand one point regarding what has been addressed already. I had indicated previously, I wish Mr. Bounds were here. I indicated previously, at the end of a year, if there were no water available, no potable water, then I be released to find what other sources - which is probably the only other act in town. But I think to wait a year, and still not have water, is a little unfair. Or, if during the period of a year, it became apparent that you were going to be unable to get any water, that I be released to get another source. It doesn't seem to be - to me, it seems to be an unfair request to see that condition modified to express that. That is all I had to add. Thank you. Mayor Leja: Is there anyone else who wishes to speak in favor of the project tonight. Anyone else wishing to speak in favor. Is there anyone wishing to speak in opposition. If not, at this time we will close the public hearing. The public hearing was closed at 7:10 P.M. Council Member Russo asked for information concerning the hydrology report, which was Condition No. 4.01 of the conditions of approval, with Mr. Dagostino indicating that report had not yet been completed, although they had taken a good look at the drainage onto Cedar View Drive. Council Member Russo then asked how they could make a determination on the responsibility for the water drainage without having a report on where the water is coming from. Mr. Dagostino stated they have taken a close look at where the area is draining now, and how it may be re- routed or routed in the future, and it appears clear to them that the Beaumont High School area and other areas to the east do not drain toward the tract now, although the City may desire that they be routed toward the tract, and, if so, they understand that. They are just asking that they not be responsible for a storm drain that becomes necessary to protect other areas, or to benefit others. Page 2 Beaumont City Council December 9, 1991 The City Engineer, Jim Dotson, said he would need special permission from the Council to address this issue as they should be aware that at one time Mr. Dagostino worked for him, and his firm has performed certain work for L. A. Wainscott & Company, receiving payment for these services. The government code specifies that if someone takes money from one client within twelve months exceeding $200.00, then he has a conflict of interest. He went on to state he did not think he had a conflict in this particular matter, however, he did have to make them aware of this situation and ask for a decision from them regarding whether or not they want him to represent the City under the circumstances. The City Attorney advised that if Mr. Dotson has received in excess of $200.00 within the last year there is a potential conflict of interest, however, the fact that it is revealed would make it a decision on the Council's part since they have been paying Mr. Dotson regularly as the City Engineer for an extended period of time. He stated further that Mr. Dotson has not represented Mr. Shelton although he has had professional contacts with the engineering firm, and the Council should make a determination whether or not there might be a problem. He personally did not see the kind of conflict that one of the Council might have in voting on a project where they have received money, and Mr. Dotson is here in a technical capacity and has provided what is already here on the project, including the very conditions that are being appealed. It was a consensus of the Council to allow Mr. Dotson to continue with his testimony as representative for the City of Beaumont. The City Engineer then addressed Mr. Russo's question concerning how a decision could be made in the absence of a completed hydrology report, describing the proposed tract (using the map as a reference), and indicating how the flows will be directed onto the tract, and the origin of that water. He also explained the two options available to the City in directing this flow of water, and the fact a decision was made that the only thing which could be done was split the flow, taking some through Mr. Shelton's property, and taking some on to 14th Street. He clarified that his conditions were not written to say Mr. Shelton would have to build the storm drain, but with the intention the City would work with the two developers and split the flow, and he thought the condition could stand as written. In answering questions from Mr. Russo, the City Engineer explained the street would be used as a flood carrier, with a ten inch curb to contain the flow, just as the north side of 14th Street is being used now. He wants to cut down the burden on 14th Street, therefore is going to intercept part of the water and send it through Mr. Shelton's property. It is a regional problem, and not one that any one developer can solve, so they are trying to break the flow down into bite size quantities and take it through. And the way he and Mr. Dagostino have discussed it, Mr. Shelton's tract will not be harmed, and no storm drain will be desired, nor designed nor built. Mr. Russo asked if he, as the City Engineer, agreed with this method, with Mr. Dotson stating he prefers it as he likes to keep as much water on top of the ground as possible. Council Member Brey referred to Mr. Shelton's request to add wording to Condition No. 3.03, with Mr. Shelton confirming he has requested wording to the effect if the City did not have a potable source of water to the property within a year, that they be allowed to seek water from whomever can serve them at that time. Mr. Brey clarified that he is asking to be released from this condition in January of 1993, with Mr. Shelton responding that is correct. Mr. Shelton then asked why the City of Beaumont could not adopt an acreage assessment fee, which is quite common in Riverside County. Page 3 L_dumont City Council December 9, 1991 This would allow the City to have a kitty to draw from for the construction of a storm drain, major culvert crossings, and other facilities which might be needed. He indicated he had discussed this with Mr. Bounds, and he was not in favor of this suggestion primarily because of certain laws which he felt would prohibit the City from moving money from one drainage basin to another. Mr. Shelton said he thought this might be a solution, and the City should examine the possibility strongly as there are drainage problems in the City other than 14th Street. Mr. Russo asked the applicant if the way Mr. Dotson has described the drainage now is acceptable to them. Mr. Dagostino said he heard a discussion of how the City would like to handle the drainage, and they would compliment Mr. Dotson on his concept, but their only concern is being burdened with financing that storm drain, when they are already spending $300,000 on drainage improvements. Council Member Russo pointed out Mr. Dotson didn't mention a storm drain underground, but was talking about engineering the street to carry the water. Mr. Dagostino said they are not opposed to that type of design within the tract, however, the written record says a storm drain will be, if necessary, constructed, and it is silent on who would be responsible, but appears to infer the developer is responsible. They are asking the written record be modified to reflect what they are all striving for. Mr. Dotson presented an amended condition for consideration by the Council, as follows: Amended Condition No. 4.02: It is anticipated even without benefit of the review of the aforementioned hydrology report that flows within Cedar View Drive will exceed depths equal to curb height, therefore, and if such excessive flows will occur, special street cross sections shall be designed to accommodate such flows. The City Attorney asked for clarification there would be no provision for the possible need of a storm drain, even at someone else's expense, with the City Engineer indicating that was correct. The Attorney wanted it emphasized that it is an engineering fact a storm drain will not be needed, because if it is not, it would be preferable to indicate that the storm drain may at some time be necessary, and though this developer may not be obligated to pay for it, he would be obligated to be involved in that process in terms of developing the project. The City Engineer stated he did not think it needed to be mentioned, because if it occurs it will involve a lot more people than just this developer, and it may not occur until after he has already built out, sold out and gotten out of town. Council Member Parrott said since it appeared the developer would be receiving water from other areas, he agrees with the City Engineer that special street cross sections will be provided. He felt this was the most sensible and most reasonable way to go. It has been done in other parts of the City and he sees no reason why it shouldn't be done here. Since there were no other questions or comments concerning the issue of drainage, discussion was directed to Condition No. 3.03, pertaining to the question of who would provide water to the project, with Mayor Leja asking Mr. Dotson for comments. Mr. Dotson asked if the special request regarding September 30, 1992 had been resolved, with Mayor Leja indicating the date was Page 4 Beaumont City Council December 9, 1991 January of 1993, however, nothing has been amended at this time to reflect that date. Council Member McLaughlin expressed an opinion that since Mr. Shelton has requested a date of 1993, and the City has been involved in the formation of a water company for some months, it should be extended at least until June of 1993, because, with the economy as it is, things will probably slow down and the City will need a little more room within which to work, and it doesn't appear that would create a hardship for the applicant. He continued that he was sure Mr. Shelton knew he could come back to the Council and talk to them, but he did feel the City needs a little more lead time than just one year. Council Member Brey stated he was comfortable with the one year, however, Mr. McLaughlin indicated the applicant could come back to the Council at any time, and it could be changed at that time. Council Member Parrott agreed with Mr. McLaughlin, feeling it could be extended to June of 1993 as he felt it would be a little more comfortable for the City, and it could be possible the City would have it ready by that time. He went on to say that, if not, he thought it should be a condition that he should be able to get water from whomever he wants to who can furnish him water at that time, as this is very restrictive for the applicant. After receiving an opinion from the City Attorney and the City Engineer concerning the legalities of the applicant returning to the Council for a modification of this condition at a later date, Mayor Leja stated that she would be in favor of the applicant coming back to modify staff's condition, and the Council's decision tonight, at a later date, and at this time would be in favor of supporting staff's recommendation regarding the water department issue, and adopting amended Condition No. 4.02. a. Consideration of Granting or Denying Appeal. Motion by Council Member McLaughlin, second by Council Member Brey, to adopt 3.03 as set forth in the Conditions of Approval; amending 4.02 as stated by the City Engineer, and, based on those amendments, there be a finding as set forth by the City's Water Attorney; and further, a finding that the law permits the developer to return to modify the conditions of 3.03, or any other condition, within a year, and based upon that amendment and those findings, the appeal be denied. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. Let the record show the amendment to Condition 4.02, as submitted by the City Engineer, is shown on Page 4 of the minutes of this meeting. Let the record further show, the finding of the City Council relative to Condition No. 3.03 is as follows: Condition No. 3.03: The City Council finds that the City has formed a water Department, that the City is empowered to serve water to the inhabitants of the City of Beaumont, that as the sole operator of a publicly owned treatment works, the City can more efficiently manage the reuse of wastewater in a water - conscious region, thereby reducing the use of potable water for non - potable purposes and, thereby, conserving water more effectively. There is no immediate water shortage, and plans are underway for the City and others to meet the long -term needs of the City in a timely manner. The City has designed, (and is about to finance and construct) a treatment plant which meets even Page 5 Beaumont City Council December 9, 1991 the most recent Regional Water Quality Control Board requirements for treating wastewater, issued only weeks ago. In addition, because the City has the full range of regulatory powers given a municipality, it can take steps to more effectively manage and conserve water than can single - purpose entities. For these reasons, and the fact that the City is well under way in the engineering, planning and environmental processes it is required to undertake for infrastructure, the City Council hereby upholds the Planning Commission's decision of September 17, 1991, and rejects Mr. Shelton's request. TENTATIVE TRACT MAP 24933 (89-TM-B/R) AND NEGATIVE DECLARATION 91 -ND -8. Applicant: Thomas Shelton. Location: Southeast Corner of Beaumont Avenue and Cougar Way. The proposed division of 35 +/- acres into 69 single family lots and two non- residential lots. A staff report was received from the Community Development Director, a copy of which is a matter of record in the Clerk's file, with a recommendation from the Planning Commission for approval subject to the Conditions of Approval. The public hearing was opened at 7:50 P.M. There was no one requesting to speak to this issue. The public hearing was closed at 7:51 P.M. a. Consideration of Adoption of Negative Declaration 91 -ND -8, based on the findings. There were no questions or comments from the Council. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt Negative Declaration 91 -ND -8, based on the findings. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. b. Consideration of Approval of Tentative Tract Map 24933 Subject to Conditions of Approval as submitted or modified, based on outcome of appeal. There were no questions or comments from the Council. Motion by Council Member McLaughlin, second by Council Member Parrott, to approve Tentative Tract Map 24933, subject to conditions of approval as modified. AYES: Council Member Brey, Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. END PUBLIC HEARINGS. McLaughlin, Parrott, Russo and 5. Request from WDS Development for Permission to Install Septic Tanks on an Interim Basis Prior to Availability of Capacity in the Regular Waste Water System. (Tract 23161 -1). A report was received from the Assistant City Manager, a copy of which is a matter of record in the Clerk's file, after which she Page 6 Beaumont City Council December 9, 1991 distributed copies of a proposed Suspension of Improvements Agreement. The City Engineer described the proposed project, and indicated that Mr. Simonian, of WDS, was present to make his request of the Council since he is unable to obtain sewer permits. He did advise the Council that the proposed agreement given to them is very premature, and cannot be completed until after this hearing. It is basically to give the Council an idea of the type of agreement which would be needed. Mr. Wayne Simonian, 5206 Benito Street, Montclair, addressed the Council, giving them background information concerning his project, and informing them of a meeting with the City Manager when the question of sewer connection availability came up. In this meeting the City Manager told him he could not obtain sewer permits until the building permits were issued. This meant all processing of the plans, etc. had to be completed, which took approximately 8 -10 months for the first 100 lots (during which time there were several meetings with the City Manager, who indicated they could probably have 100 permits). At the time they were ready to pull the 100 permits, they were informed they could only have 75 permits due to the fact someone had come in a week prior pulling quite a few permits. Since they had already obtained their loan, and were ready to build, it was too late to turn back, so they commenced building with the 75 permits. They are now asking for either 25 sewer permits, or permission to utilize interim septic tanks, in order to complete the first phase of this project. Mayor Leja asked the City Engineer if there were 25 sewer permits available, with Mr. Dotson responding that he does not have that information as the City Manager is the only person who knows exactly how many permits remain. Mayor Leja called a recess at 8:02 p.m., to allow the Assistant City Manager to call the City Manager regarding the question of sewer permit availability, reconvening at 8:15 p.m. The Assistant City Manager reported that the City Manager advised the reason that 100 permits were not given to WDS originally is that it was over a year before they came back for the permits, and in the meantime other developers had pulled permits. In addition, he advised that the City is holding back about 35 permits for commercial and industrial, and for single lots. If 25 permits were to be given to WDS at this time, he questioned if any commercial or industrial would be able to come into the City before the wastewater treatment plant is built, but this would be a policy decision of the Council. Discussion followed concerning the requirements of commercial and industrial properties, with the City Engineer illustrating the differences which could be encountered between one commercial and /or industrial use from another, using recent commercial /industrial development as examples. The City Attorney many build -out pe Koules indicating approximately one one he is aware caretaker house. on the books. asked if information was known concerning how .rmits were issued this last year, with Steve he didn't have the exact figures but estimates or two a month. So far as commercial, the only of is the Aware Mini - storage, which has a Other than that he doesn't have anything else Mayor Leja returned the discussion to the topic of the installation of septic tanks, with Mr. Simonian indicating they had tests taken for percolation, with good results, and although the cost is $5,000 per house they propose to absorb that cost and Page 7 Beaumont City Council December 9, 1991 not increase the price of the homes due to the recession, in order to get the remaining 25 houses built out. In addition, they propose to allow $700.00 to the home buyer when the escrow closes to cover the cost of connection and filling the septic tanks when the sewage treatment plant is completed. Although they have four houses remaining to be sold, they are the smaller floor plan, and they have a waiting list of fifteen people for the larger floor plan at this time, thus the reason for wanting to go ahead with the additional 25 houses. Mr. Simonian then referred to a $3,800 fee charged by the City, indicating they would have to pass at least $2,500 of this on to the home buyer, and questioned where this $3,800 fee came from as in all the meetings he has attended it has never been mentioned, and there currently is not a City fee for $3,800. If the price of the homes has to be increased, they will be more difficult to sell. He then responded to a question from Council Member Parrott stating the reason for this is that the higher the price of the home, the more difficult it is for the buyers to qualify for a loan. The Assistant City Manager explained that the $3,800 fee is the fee proposed by the consultant working on the wastewater treatment plant, who recommended that the fee should be collected immediately. Council Member McLaughlin said although Mr. Simonian's request was to install septic tanks, he is now hearing that he wants to obtain sewer permits, asking Mr. Simonian exactly what it was that he wanted. Mr. Simonian answered that the request brought to the Council was for septic tanks, but he had decided to find out if there were sewer permits currently available, since no one seemed to know if there were any sewer permits available at this time, as that would be preferable to septic tanks. Council Member Russo said it might be in the applicant's best interest, and the City would also be better off, if nothing was done this evening until they are able to get the information concerning sewer hook -ups. He went on that he would certainly prefer to have the homes hooked up directly to the sewer rather than to septic tanks. Council Member Brey stated he agreed with Mr. Russo in holding off until more information is available regarding sewer connections and fees, as he could not see the logic of holding 30 some odd hook -ups for somebody else when this gentleman was here first. Council Member Parrot also agreed that it should be held until the Council finds out how many sewer connections are available. Council Member McLaughlin said when the City has a very limited amount of sewer hook -ups, and you are trying to build a City, needing commercial and industry, if you don't try to pro -rate those hook -ups and get the best use out of them for the City, then they would not be doing as good a job as they should be doing. As a result it does not bother him to hold 25 or 30 and pro -rate them, so that possibly something can be brought in to the City which will benefit everyone, and he felt this was also the obligation of the Council in addition to just building homes. Mayor Leja stated she had no qualms in continuing this to another meeting as it is a major decision to give up 25 of their remaining hook -ups if there are only 35 available. The City Attorney recommended the issue of sewer permits be agendized, in addition to the request for septic tanks, when this is brought back to the Council, with the applicant making a second request for the sewer permits. Page 8 M Beaumont City Council December 9, 1991 Motion by Council Member Russo, second by Council Member Brey, to continue this agenda item to the next regular meeting. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. Consider Approval of Fiscal Year 1990 -91 Audit As Prepared by Conrad and Associates. Mr. Mike Harrison, partner with Conrad & Associates, 1100 Main Street, Irvine, the independent auditing firm for the City of Beaumont: Mr. Harrison's presentation will be typed verbatim. There are two documents that you have received here this evening, and let me see if I can - I am going to kind of work with them simultaneous because they kind of dovetail together. You have a comprehensive annual financial report of the City, and let me explain - I will kind of hit some highlights, and then I will give you an opportunity to ask questions. On the comprehensive annual financial report, our auditor's opinion for the City of Beaumont for the fiscal year ended June 30, 1991 is on page one. Our opinion on the financial information for the City of Beaumont is qualified only for one reason, and that is as you will see down in the third paragraph, that the accompanying financial statements of the City omit general fixed assets of the City, and property and equipment, and the sewer enterprise fund that was acquired before July 1, 1982, which, in our opinion, should be included in the financial statements. And I don't want to overplay this matter. It is something that we have to put in the opinion. There hasn't been a complete appraisal done and that is one of the findings that we have carried over from year to year. And I will come back to that later, but it is just an exception that we have to take in our auditor's report because not all of the property and equipment information is totally complete. Okay, so that is so far as the auditor's report, why don't you go over to page six, I believe it is, in this report. On page six, which is exhibit CC, I would like to kind of call your attention to the general fund of the City. And, unfortunately, I don't have a lot of good news to bring to you tonight. The general fund of the City, you will see that the total revenues for the year were $3,557,758. The revenues were budgeted at $4,074,640. There was a shortfall in revenues versus budget of nearly $517,000 during the fiscal year ending June 30, 1991. The actual general fund expenditures were $4,817,197. They were budgeted at $4,899,000. You did not overspend in accordance with your budget, but if you look and see that your budget for fiscal 1991, you were budgeting a deficit budget. If you go over to that far left hand column, you were projecting revenues of $4,074,000, you were projecting expenditures of almost $4,900,000. You were looking to dip into fund balance to the tune of $825,000 when you put your budget together last year. Basically, if you look down in that second column the excess - or excuse me - the deficiency of revenues was $902,000 for the year. You ended up the year with only $78,000 worth of general fund balance, which is an extremely dangerously low figure. I think what I will do at this particular point is go over - if you will go over to the other report that I have right here, if you go over to page four of this report. Page four of your single audit report - this is one of - there are five comments in here - five findings that I would like to highlight. Four are behind this auditor's opinion, and then there is one compliance finding further back in the report, which I will highlight. Page 9 Beaumont City Council December 9, 1991 In this first comment though, I have indicated here that during the year ended June 30, 1991, general fund expenditures exceeded general fund revenues and transfers in from other funds by $902,444. Revenues of the general fund were approximately $300,000 lower than levels in the previous fiscal year, and approximately $517,000 below budgeted levels. You saw that figure that you saw over there of $516,882, that is the $517,000 that I am referring to. While the City was within budgeted expenditures for the fiscal year ended June 30, 1991, the general fund budgeted for in excess of expenditures over revenues of $825,193. If you go back over to page six that I was just pointing out there, you will see where these numbers are coming from. At June 30, 1991, fund balance in the general fund was only $789794. If you go back over to the first page that I just showed you there, you will see the $78,794. At the current level of general fund expenditures, fund balance was depleted early in fiscal 91 -92. And general fund expenditures may be currently being financed through inter - fund borrowing, which will require repayment of those funds. So I am saying, at the tune of $902,000 loss for last year, if you want to call it that, your expenditures exceed your general fund revenues by about $75,000 a month. And, we are already five months into the new fiscal year of 91 -92, and if you multiply that by about seventy -five grand a month, you are getting up there, and that $78,000 has been far depleted already. So you are several hundred thousand dollars in an accumulated deficit in the general fund, as far as going into this fiscal year. My recommendation - we recommend that the City Manager, with assistance from City Council, enact a plan for reduction of general fund expenditures by approximately 15% below the level of the 1991 spending. Cutbacks in spending should affect all departments in order to bring up future liquidity problems at the City of Beaumont. Additionally, the 1991 -92 budget, once adopted, as revised, should be closely monitored to control actual expenditures. Each one of these comments I did solicit a response to from both Ronney and the City Manager. The response that we received back to incorporate into this report here, because this report - single audit report - has to be filed with the County of Riverside. Because of the federal funding that the City of Beaumont receives. And management's response regarding collective action of these reportable conditions is required to be included in the report. The response, as you may have seen it here - the City Manager, with assistance from the City Council, will enact a plan to reduce general fund expenditures below the 1991 -92 spending levels. City Council will adopt a 1991 -92 budget in the coming weeks. When we were out here doing the annual audit, the budget was not complete. I don't know what stage you are at right now, but basically we were asking those questions to determine had you adopted a budget for 91 -92. So, this is - I will stop right here because I figure that this comment is probably going to be the one that you have got the most questions about. Mayor Leja: We will begin with Council Member Parrott. Do you have any questions at this time. Council Member Parrott: How do you suggest that we go about cutting. Cutting our - go department by department. Mr. Harrison: I don't think you ought to be discriminatory. I think you are going to have to go across the board in every department in the City. And you are going to have to find a way to cut spending. Because, more than likely, you are not going to Page 10 Beaumont City Council December 9, 1991 - I am not expecting that we are really going to see the - probably for another nine months, at least, is what the economists are somewhat predicting as far as a turnaround, and what is going on in the economy. And so, probably, until the third or fourth quarter of 1992. So you are already into the 92- 93 f iscal year are you going to see maybe some of your revenues maybe start to come back. Development fees, sales tax revenue, other losses in permits and fees and so forth. Obviously, if you can find other methodology to enhance revenues, that is okay too. But, obviously, you know that it is difficult to go back to the citizens of the City of Beaumont - to put special taxes on them in a recessionary period of time. Special police taxes, fire taxes, and so on. And, so I am saying, you are going to have to bite the bullet, and you have got to cut. Mayor Leja: Mr. McLaughlin, do you have any questions at this time. Council Member McLaughlin: No, I really don't. Mayor Leja: Council Member Russo. Council Member Russo: Yeah. Unfortunately, it is no surprise to me. I've - a few months ago I tried to explain this to people and they wouldn't believe me. But we finally have the true figures out in the open. I do have a couple of questions. With fund transfers. On page six we list a $356,995 that were transfers in. I determined that those were transfers from some of the special tax funds. Is that correct. Mr. Harrison: That is correct. Council Member Russo: Now those are the funds that you are referring to - that while they were borrowed to balance the budget, if it were, those funds need to be paid back. Is that correct. Mr. Harrison: No, what I am saying here is some of the expenditures, for example, in streets expenditures, are captured in the general fund, and then some restricted funds are transferred in to cover part of the cost of street expenditures, because you receive gas tax monies. Okay. And this gets even a little more complicated, and I was talking to Ronney Wong before the meeting tonight - for example - under Prop 111, there is an additional gas tax allocation that the City receives called Section 2105. And the State gas tax auditors were just in here to do an audit of the three years. And I see it is on the agenda for tonight. And that base level of expenditures - they go back to the previous three years to take a look at what effort that the General Fund has been kicking in to pave the streets here in the City of Beaumont. And so they have come up with an average of $128,000. And so that average - if you don't spend $128,000 of general fund money, then you lose the other $42,000 that they are going to kick in over in your road tax fund. Okay, so it gets a little complicated. You can't just go and say okay, we are going to cut all street expenditures in the general fund, because if you don't maintain that level of effort of the $128,000, then you are going to lose funds in other places. Council Member Russo: So, what you are really saying is, when you go to balance a city budget, you can't necessarily look at revenues coming in, and immediately maintain operations at this present level without taking into consideration some of the specialty things that we need to do with general fund monies. Page 11 Beaumont City Council December 9, 1991 Mr. Harrison: Correct. Council Member Russo: So while we might say on one hand, we can collect $4,000,000 in general fund monies, we should not believe that we can automatically go out and spend that $4,000,000 on operating, general operating expenses, office supplies, equipment, salaries, and so forth. Because, some of those monies, particularly in street maintenance, need to be retained so that they are used specifically for that. In order to guarantee that we have some future income to maintain streets. Mr. Harrison: Right. There is a maintenance of effort, to answer that question. There is a maintenance of effort that the general fund must maintain so that the restricted funds that you get for these articles, like 2106, 2107, 2107.5 monies - for them to be used, and actually for you to get this additional amount of money under Section 2105, then you do have to have the general fund pay for part of the street expenditures, okay. So you can't just say, okay, under street expenditures that the general fund is incurring, that we are going to cut everything in street expenditures, because you can't do that. That is what I am saying, you can't - you know, you can't just say, well we are not going to cut police and we are not going to cut fire, you know, we will just all take it out of the streets. I think you are going to have to go to every department in the City, and take a hard, hard look at what has got to be done. Council Member Russo: Right. A couple of more questions. When we talk about reserve revenues in the City. I took your report, and on Page 39 and 40, I went back for the ten years, now, I am at a little bit of a loss because I don't know what happened preceding 1981 -82. But if I just look at the years there where revenues exceeded expenditures, and just in trying to figure this out, we had a few healthy years where it seemed like revenues exceeded expenditures, and, then, in 1980 - it would seem 86 -87, is that correct - 86 -87 ended up with a $31,000 loss, and then it just gets progressively worse, until 89 -90, where it was only 43, but 90 -91 was the $1,259,000 - it was the big hit. Now that - you know, that $1,259,439 - over a million dollars worth of difference between revenues and expenditures, were some how made up through this $920,500, where did that money come from. Mr. Harrison: Okay, when you started off at the beginning of the year, you go back to page six again - the numbers is in more than one spot - but if you go back to page six again, and you look at fund balances at the beginning of the year in the general fund, actual, $981,238. When you started the beginning of the fiscal year, on July 1, 1990, you had $981,000 worth of equity in your general fund. Council Member Russo: Total. Mr. Harrison: Total. And it a loss, okay? So you - in the general fund, that virtually depleted them by you have depleted it now, fiscal year in the same hundred thousand dollar def you incurred a $902,000, we will call virtually, the reserves that you had you started off with on July 1, you the loss that you had in 90 -91. And because you are five months into the economy, and so you have a several 'icit right now. Council Member Russo: On our way to a million. Mr. Harrison: On your way back up to another million dollars that you really don't have. And that you are going to - you are going to end up borrowing from restricted funds, from sewer funds, from, you know, and then you are going to end up with nothing but problems. You are going to have liquidity problems, and so forth. Mayor Leja: Any other comments or questions from Council Members. Please continue. Page 12 Beaumont City Council December 9, 1991 Mr. Harrison: Okay. Okay, I will continue with the single audit report. The next comment, on page five of this report, there was a comment on the need for improved internal controls over investments, and I don't want to overplay this comment. There were a couple of items we felt needed to be done having to do with the Treasurer's Report. One of them was - we recommended that additions and deletions to the City's investment portfolio be reviewed and verified with supporting documentation by a person independent of the person who prepares the investment report. So we are just saying that, really, everything that is done is really done by Ronney, and the City Treasurer, or any other person, is really not involved in the process. And then there was one additional statement that needed to be put on there, just indicating that there is sufficient liquidity to pay the bills in the next thirty days. That should go on the Treasurer's Report that is done every month. Again, I don't want to overplay these comments. They are not as significant as the last comment I just made. But they are brought up as recommendations for improvement. Any comments on that particular Mayor Leja: Any comments. Okay, go on. Mr. Harrison: Comment number three, the need for individuals handling cash to be bonded. We recommended that the individuals handling cash, and that would include the gals that work in finance and so forth, that there be a fidelity blanket bond that be written. Mayor Leja: They are not. Mr. Harrison: They weren't during this fiscal year audit when we looked at it. Mayor Leja: Is anyone bonded. Mr. 'Tong: Today, no. Mayor Leja: In this City. Mr. Wong: No. Mayor Leja: Okay. Continue. Mr. Harrison: And the response that I got was that all City employees handling cash will be bonded to eliminate the potential liability to the City in the case of cash misappropriation. Most cities have like a $50,000 fidelity blanket bond coverage that they would just take out from their insurance carrier. That was not in force during the fiscal year audit that we did this year. Okay. Council Member Russo: Has this recommendation ever been made before. Mr. Harrison: I would have to go back on previous management letters and comments. It may have been something that . . . Council Member Russo: The auditors just overlooked. Mayor Leja: Or was assumed. Mr. Harrison: It could have been . . . Mr. Wong: At one time, let me say, four years ago, we had a bond. At that time the company decided to no longer to carry the City - (Mr. Wong is not speaking into a microphone and as a result the balance of his comments are not intelligible on the tape). The concluding statement was that the City had been unable to find anyone else to bond the City. Page 13 Beaumont City Council December 9, 1991 Mayor Leja: Is it common practice to have in City staff someone that is bonded. Mr. Harrison: Yes, it is. Just to have a fidelity blanket honesty type bond. Mayor Leja: How many are usually, in a City of this size, of City staff. Mr. Harrison: Well, you would want to bond Ronney. You would want to bond the City Treasurer. And probably anybody - the two gals that are working in finance that are handling cash. I am trying to remember, do both of them handle cash. Mr. Wong: Yes. Mr. Harrison: Okay, so four people basically. Okay, then the last comment on the reportable conditions, on the need for detailed general fixed asset records. This comment, basically, has been in our report virtually every year. Because until you get an appraisal of the fixed assets, and until we can remove that qualification that I spoke of in the auditor's report, basically, you as the City Council need to weigh the cost benefit relationship. I am not saying that this is an A -1 priority to get this removed. You may look at it and say, okay, how much does it cost to get the appraisal done, and in the economic situation that you are in, you may not want to spend those dollars right now until things get better. Okay. Those four comments -- there is also one additional compliance comment back on page twelve. If you go back in the same report, in the single audit report, and this was discussed with City staff. There is a comment in here on the need for compliance with the drug free workplace act. This is a condition of receiving federal community development block grant funds here at the City. And it came up as a compliance deficiency during our audit of the community development block grant program. So this particular comment, and we have had some extensive discussions with staff, and they indicated they will comply with the requirements, and are taking remedies to do so right now. So I don't see that as being an overwhelming type of thing either. It is just something that needs to be policed up and taken care of. Okay. Those are the five comments that are in this report. Basically, I am not going to go through each of the auditor's reports in this report. They are very technical. They have to be worded just appropriately for the people that are reviewing them. There are certain reports on compliance. Certain auditor's reports on internal control. And there is a schedule of federal financial assistance on page two of this report that identifies the program here that you receive from the County, the catalog of federal domestic assistance number that lets them know that we know what compliance to test, and all that type of thing. But, basically, that is the content of what is in this single audit report. We have given instructions to Ronney on where to mail the reports. You know, as far as mailing them to the Bureau of Census, and to the County of Riverside, and so on, okay. And this is a matter of public record after it has been accepted by City Council, and so forth. Okay. And, as far as the comprehensive annual financial report, there is nothing specifically that I need to talk to you about, other than what I have already brought up about the general fund problem. You know, basically, you have just got some hard decisions. You may want to set up a budget sub - committee of the Council to work with staff. To go through - and I personally don't see how you are going to do it without cutting some positions. But I can't tell you where - you know - basically - you have just got a big deficit in the general fund, and you have no more money to pay for one. So. . . Page 14 Beaumont City Council December 9, 1991 That, basically, is the comments that I needed to bring to you, and -- I will say that this is not unique at the City of Beaumont. Our accounting firm audits nineteen other cities. We have got a lot of small and medium sized cities that are really - have been really, really troubled by the economy. Nobody seems to be unscathed except those that have got some healthy general fund reserves. And you don't. Council Member Russo: One more question, and maybe you don't know anything about this, but a month or two ago, there was a report that carne from some company in Texas that hailed the praises of the City of Beaumont in the way it used its funds. Did you read that or know anything about that. Mr. Harrison: No, I know nothing about that. Council Member Russo: That seems to be inconsistent with what we are hearing tonight in terms of the way we used our funds last year, and I just - I'm just wondering now if there was any credibility at all in that report, and obviously there wasn't. Ronney Wong: I don't know the source of the report, number one. Number two, is it can be, working in accounting and much like Mike can attest to, numbers can be changed around, percentages can be moved around, to show any picture you wish. And I must say here, these are facts. I don't know where that report came from. Mr. Harrison: You know in looking at - just one final comment - in looking at what happened in 90 -91, I think you have kind of keyed on it, and that was that your expenditures, while they were $80,000 under budget, they were $920,000 higher than the previous year. There were staff positions that were added. There were increased expenditures, and it was absolutely the wrong year to do it in hindsight, okay. I mean, hindsight is always 20 -20. But, I mean, you know, the revenues fell way off, and the expenditures went way up. Mayor Leja: Thank you. Thank you very much. One of the things I would like to see added to our next agenda would be the formation of a budget review, or a budget committee. Council Member Russo: Is there any problem with us doing that this evening. Mayor Leja: Mr. Ryskamp, does that need to be added, or can we do it by . . . City Attorney: Is this just a Council committee.. Mayor Leja: Yes. City Attorney: I don't think there is any problem with that. Appointing a Council committee is part of the approval of the audit. Mayor Leja: We can do it tonight then. Council Member Russo: Madame Mayor, I would like to volunteer to be on that committee. Mayor Leja: We have one volunteer. I would like to have one other council member to work with our financial director. Any other volunteers that would like to serve on that committee. I will. Mr. Harrison: There was one thing that I might just say is one item of business that still isn't taken care of that really needs to be brought back to the Council, and that is the appropriation limit. The appropriations limit has been done from the City Manager's office, and there was an appropriations limit that was Page 15 Beaumont City Council December 9, 1991 put together for the 90 -91 fiscal year. However, the League of California Cities came out with some materials in March of 1991 that required the audit firm to give an agreed upon procedures level that we kind of check the mathematical figures of the Gann Limit, and that Gann Limit here at the City of Beaumont for 90- 91 has not been revised yet. And also the 91 -92 limit has not been brought - I mean, the 90 -91 needs to be revised. And I spoke with Mr. Bounds and to Ronney, and it has always been done out of the City Manager's office. I don't see a reason why Ronney couldn't jump in and help out - put together the figures so that we can kind of get our final matter of business done on that. Okay. Mayor Leja: Would it be your recommendation that Mr. Wong serve on the committee with us, or the City Manager, or both - what about the City Treasurer. Mr. Harrison: I think that is really up to the City Council. I think that there may be - if you need numbers pushed around and gotten back to you, obviously Ronney is going to be the one that is going to need to massage those numbers for you, and say, how much have we got now. So, from that standpoint I think you need to have him - from that standpoint. And, obviously, you need the City Manager to - he has obviously gotten insight into where he thinks things can be cut. Mayor Leja: Okay. Thank you. Any other comments at this time. We have Council Member Russo, Council Member Leja volunteering. If any of you would prefer, I would be glad to. . . City Attorney: I presume you are going to have a motion on these matters. Mayor Leja: Yes, yes. We will. City Attorney: And incorporate that as part of your motion. Mayor Leja: Were you wanting to say something else. Okay. Would you like for us to - shall we include that as a separate motion, or a motion along with the item. City Attorney: Either way. Mayor Leja: I would like to hear it as one motion. Motion by Council Member Brey, second by Council Member Parrott, to approve the Fiscal Year 1990 -91 Audit as prepared by Conrad and Associates, and to establish a budget committee consisting of Council Member Russo and Council Member Leja. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 7. Consideration of Membership in the Western Riverside County Association of Governments. (Continued from November 25, 1991). There being no objections, this agenda item was continued until the first meeting after the budget has been completed. 8. Consideration of Request from Four Corners Pipe Line Company for Right of Entry Agreement for City -Owned Land. A staff report was received from the Assistant City Manager, a copy of which is a matter of record in the Clerk's file, with a recommendation for approval of the entry agreement without deleting item number three. Council Member Russo asked how long this entry agreement was going to go on, for one year, or what. Page 16 eaumont City Council December 9, 1991 Mr. Tom Binckes, Four Corners Pipe Line Company, responded to Mr. Russo Is question stating that the agreement would last from one to three years, as the exact length of time needed to monitor the oil spill in the creek cannot be determined at this time. He advised further the monitoring would take place quarterly, observing how vegetation, water and the stream bed are recovering from the spill. There were no other comments or questions from the Council. Motion by Council Member McLaughlin, second by Council Member Parrott, to approve the Entry Agreement with Four Corners Pipe Line Company, and authorize the Mayor to execute the document. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 9. Consideration of Request from Four Corners Pipe Line Company to Lease City -Owned Land. The Assistant City Manager presented the staff report, a copy of which is a matter of record in the Clerk's file, with the recommended acreage of ten acres and cost of $19,800 for one year, should the Council grant the request. Motion was made by Council Member McLaughlin to lease an area up to ten acres total for one year, at a cost of $19,800, to be paid in advance. Mr. Mark Lowe, of Four Corners Pipe Line Company, provided information indicating there is approximately 30,000 tons of contaminated soil on the property at this time, which appears to be non - hazardous although it does contain elevated concentrations of hydro- carbons. He said they are working with the State Water Quality Control Board, Riverside County Health Department, the Department of Fish and Game and the City of Beaumont, to mitigate the soil pile. They have received bids for soil mitigation on- site, off -site, land disposal, and they are requesting tonight to lease some of the land, which may or may not be used, depending on the option they select for soil mitigation. Council Member Russo brought up the question of how much of this soil had been blown away by the recent winds, with Mr. Lowe advising they had the piles covered as well as having hydroseeded it, and felt the wind erosion was minimal. Council Member Russo then asked what the air borne contaminant is, with Mr. Lowe replying there would be dust with petroleum hydro- carbons on them. He went on to advise they have addressed the concerns of Riverside County Health, and they seem to be satisfied with the actions they have taken regarding wind erosion at this time. Council Member Russo wanted to know what they would do with the soil piles if they were not able to keep it on the property, with Mr. Lowe stating they are looking at several options, which includes removing the soil from the site, and the soil will definitely be removed eventually. Mr. Russo pointed out that if the lease is granted, they could feasibly leave it on the site for the term of the lease. Mr. Lowe responded that during that year they would be using one of the options to reduce hydro- carbon concentration by either on -site mediation, recycling the soil into an asphalt, fixing the soil to prevent leaching of the hydro- carbons from the soil then using it as a road base aggregate, plus simply picking it up and moving it to a landfill. Page 17 Beaumont City Council December 9, 1991 Mr. Lowe continued that, depending on the options, the time frames for the different mitigation options vary from one month to more than 12 months, and they would like to have the option of an additional 12 months. Council Member Russo was of the opinion this was a "sweet deal" for Four Corners for $19,800 a year for the City to have their spoiled soil, and he did not like the fact of contaminants blowing all over the place. Council Member McLaughlin felt it was a good deal for the City. There were no other comments or questions from the Council. Motion by Council Member McLaughlin, second by Council Member Brey, to lease an area up to ten acres total for one year, at a cost of $19,800, to be paid in advance. AYES: Council Member Brey, McLaughlin and Parrott. NOES: Council Member Russo and Mayor Leja. ABSTAIN: None. ABSENT: None. 10. Report Regarding Establishment of Task Force Relative to School Mitigation Fees. A report was received from the Assistant City Manager concerning the first meeting held by the School Mitigation Fee Task Force on November 8, with information that the second meeting will be held on December 11. No action by the Council was required. 11. Consider a Joint Powers Agreement with City of Banning Regarding Maintenance of Highland Springs Avenue. The Assistant City Manager presented the staff report, a copy of which is a matter of record in the Clerk's file, with a recommendation for approval of the joint powers agreement. Council Member Russo said he thought this agreement is great as it has been a long time in coming, and the striping is needed, as well as the City of Beaumont working together with their neighboring City, however, he is concerned that, with the present budget, they should have a better idea what maximum amount the City's share will be. The Assistant City Manager indicated she could get that information and bring it back to the Council. There being no objections, this agenda item was continued to the next regular meeting pending receipt of the additional information. 12. Authorize Renewal of Liability Claims Administration Contract with Carl Warren & Co. The staff report was received from the Assistant City Manager, a copy of which is a matter of record in the Clerk's file, with a recommendation for renewal of the Liability Claims Administration Contract with Carl Warren & Co. Council Member Russo clarified that the only change was in the field service charge from $38.00 to $40.00 per hour, with the Assistant City Manager confirming that is correct. There were no other comments or questions from the Council. Motion by Council Member Parrott, second by Council Member McLaughlin, to authorize the renewal of Liability Claims Administration Contract with Carl Warren & Co., and authorize the Mayor to execute the letter agreement. Page 18 AYES: Council Member Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. Beaumont City Council December 9, 1991 Brey, McLaughlin, Parrott, Russo and 13. CONSENT CALENDAR - All Items Listed Under the Consent Calendar are considered to be routine by the City Council and will be approved on one motion. There will be no separate discussion of these items unless a Council Member or Citizen so requests, in which case the item will be removed from the Consent Calendar and considered separately. 14. a. Approval of Warrants as Audited per Warrant List of December 9, 1991, in the amount of $216,022.47; Payroll of November 21, 1991, in the amount of $67,500.07, and Special Payroll of December 6, 1991, in the amount of $21,349.04. b. Authorization to Post Notice Requesting Applications to Fill Four Positions on the Senior Citizen Advisory Committee, which terms will expire January 31, 1994. c. Receive and Accept Letter of Resignation from George R. Ryskamp as City Attorney, Effective February 29, 1992. d. Receive and Accept the Section 2105 Average Annual Base Year Report from Grey Davis, State Controller. Motion by Council Member Parrott, second by Council Member Brey, to adopt the consent calendar as presented. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. Consider Setting Date for Special Council Meeting for the Purpose of Budget Review and Consideration of Any Regular Agenda Items Which May Be Pending. The Assistant City Manager submitted a report concerning the most recent management meeting during which the department heads were requested to re- submit their budget requests with any further cuts they might be able to suggest, and a new budget packet will be compiled by the Finance Director for submittal to the Council, including the new format recommended by Council Member Russo, with this budget packet to be delivered to the Council at the latest on December 12 for a special budget meeting on December 16. There was discussion concerning agenda items to be placed on the agenda for the 16th, with Mayor Leja stating it would be for budget related items only. The Assistant City Manager called attention to the possibility of the regular meeting of December 23 being canceled, in which case they might want to make the 16th a regular meeting, with Mayor Leja stating she was not ready to cancel any meetings. The Assistant City Manager clarified that the Council's intention was to make the meeting of December 16 a special meeting, with the regular meeting to be held on December 23 as scheduled, and the items to come back to the next regular meeting coming back to the Council on December 23. The Mayor agreed this was correct. Council Member Russo said he felt those items scheduled to come back to the next regular meeting should be scheduled for the first meeting in January, which would be January 13, with the City Attorney adding they could schedule their next regular meeting for January 13, using any meetings held for the remainder of December as budget meetings. Page 19 Beaumont City Council December 9, 1991 Council Member Russo clarified that if the Council determines there will be a special meeting on December 16, with the next regular Council meeting being set for January 13, 1992, and then on the 16th if they decide to have another special meeting in December for budget, there would be no problem, with the City Attorney confirming this is correct, with proper notice time. There was additional discussion concerning exactly what was to be included on the agenda for December 16, with Mayor Leja indicating the meeting would be for the purpose of a budget review and the formation of a search committee for city attorney. Motion by Council Member McLaughlin, second by Council Member Brey, to set the date of December 16, 1991, at 7:00 P.M., for a special council meeting for the purpose of budget review and the formation of a Search Committee for City Attorney. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. Date Set for Next Regular Council Meeting, Monday, January 13, 1992, 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 9:35 p.m. R ctfully submitted, D uty City Clerk Page 20 BEAUMONT CITY COUNCIL MINUTES OF SPECIAL BUDGET MEETING DECEMBER 2, 1991 The Beaumont City Council met in a Special Meeting on Monday, December 2, 1991, at 7:00 P.M., in the City Council Chambers, with Mayor Leja presiding. On roll call the following Council Members were present: Brey, McLaughlin, Parrott, Russo and Mayor Leja. 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 1991 -92 Budget. After receiving a brief report from the City Manager enumerating the reports which have been given to the Council, the Mayor indicated she thought they should begin the discussion by establishing the revenues, so they can see how much they actually have to spend. From that point, expenditures could be looked at, which would include an analysis of staff, services that are provided, etc., proceeding into other areas such as looking for short term - long term of planning to increase revenues, as she sees the budget process not just as a balance sheet, but as a strategic plan to secure financial stability for the City for years to come. Council Member Russo indicated he was more prepared to discuss revenues at this time, rather than discuss actual budget, with Council Members Brey, McLaughlin and Parrott agreeing this was acceptable to them. Mr. Russo continued that he would request a different format for the budget itself, which would contain more trend information as to the spending by department, by line item. Ronney Wong, Director of Administrative Services, presented a lengthy explanation concerning the revenue projections, account by account, suggesting changes in a number of those projections, with an adjusted projected Total General Fund Revenue of $4,121,774. In addition to Mr. Wong's presentation, the City Manager also submitted information regarding how they arrived at certain of these projections, with questions from members of the City Council being answered by both Mr. Wong and Mr. Bounds. At the conclusion of this phase of the presentation, and before continuing the discussion, Mr. Wong suggested the Council look at the revenue dollars they are looking at to match their expenditures. He then referred them to the last page of the budget document, where he calculated an estimated total source of funds of $4,023,593 to work with within the General Fund. Referring them back to Page 1, he indicated the General Fund expenditures, as presented at this time, is $4,314,300, representing a $290,707 deficit at this time. The meeting was recessed at 9:02 p.m., reconvening at 9:15 p.m. Page I Beaumont City Council December 2, 1991 Mayor Leja asked for comments from the Council concerning their conclusions or suggestions from that which has been presented to them at this point. Council Member McLaughlin felt the revenues should be increased rather than falling short. Council Member Russo wanted to know if Mr. Bounds and Mr. Wong felt these figures were pessimistic, realistic or just where they were. Mr. Wong replied that what he is hearing is the current economic trend will not deviate up or down to any magnitude for another year and a half. He went on to say that the revenues which have been presented are, in his opinion, realistic, as they are not way over what was received in the prior fiscal year, and if there is assurance of the building activities taking place which have been brought out, the revenues are reasonable at this point. Council Member Russo pointed out that going up or down a percentage point is $80,000, and it is not difficult to be off a couple of percentage points, but if everyone feels these figures are realistic then that number should be kept intact, and worked with. The City Manager stated he thought what they basically have is a situation where, if neither of the two house construction units go, they will have to cut back more. If that is to be cut back now, then that is what they should do now. In responding to a question from Mayor Leja, he suggested the Council should have additional reviews at least every three months. Mr. Russo asked how certain the two housing developments were, with the City Manager responding that WDS is very firm, with Aware being probable, however, he did point out there could always be a problem with loans for one reason or another, but at this time both have indicated they are definitely going to build their projects. He concluded that it appears to him WDS will probably pour foundations in January. Mayor Leja asked if the Council felt the $4,023,593 is a realistic figure with which to work, with Council Member McLaughlin stating he thought it is as close as they can get, and, as with any budget, you do the best you can. They don't have a crystal ball, but he felt it is a reasonable estimate the City will either reach or surpass this year. Mayor Leja then asked if they felt this figure should be locked in, with the City Manager indicating he thought there were a couple of figures that needed to be checked for them, and staff would be in a better position to give them that figure at the next meeting. Mayor Leja called attention to the fact that at this time they are looking at an estimate of cutting, roughly, $290,000, and they really need more information regarding expenditures. It was her suggestion that they go back to department heads and show them what we have to cut, and request they go back to their budgets and see what they can come up with insofar as cuts are concerned. The City Manager said he knows definitely there is not $290,000 that can be cut, and then responded to a question from Council Member Russo, as well as Council Member Parrott, regarding what options were available, stated they would have to take salaries or look at whether or not they want to try to fund the $100,000 all in one year. He then brought up the fact they have a fund known as the Basic Services Facilities Page 2 3. 4. Beaumont City Council December 2, 1991 Fee (BSFF) which the Municipal Code states is a tax for the usual and customary expenses of the City. He continued that he had been under the impression this fund was for capital improvements only, but in reviewing all the various funds in conjunction with this budget, he found the ordinance does not say it is for priority projects to build buildings, it specifically stated it is for the usual and customary expenses of the City. At this time they have budgeted $35,000 from that fund to paint the Civic Center Building, which would leave a remainder in that fund of $443,332. If the houses are built, there will be more money added to that fund. Mayor Leja said she is not sure she would like to use these funds, with the City Manager responding he is not suggesting they use the entire fund, he is just suggesting that if the Council is looking for a way to finance during these troubled times of this recession, it is something they can look at as a potential because it is his personal feeling to try to come up with $290,000 there has to be either layoffs, some cuts in pay, or some required leave time taken without pay. Mayor Leja then stated that at their next meeting they would need to discuss expenditures, and the information given to them should also include information regarding past trends for both revenue and expenditures. Council Member Russo advised that he had given Mr. Wong a sketch of a format that he would suggest be used showing a budget with actual and variance for the last two fiscal years prior to this one, and then, additionally, showing the year -to -date expenditures against the present or suggested budget, and then a forecast column which they could take and add in the numbers, so they could see projected out f or the year based on the revenues that they went through this evening. He went on to say that he recognizes it is going to be difficult to cut that much money out of the budget, but he would suggest that before it comes to the Council, staff should go back through it again as department heads and see what they can come up with. If they can come up with absolutely nothing, then it will be a Council decision to either look deeper into the proposed cuts, if there are any, or the use of funds that might be available. He saw it as two things, the information needed to establish some trends in spending that he personally would like to see, and additionally to know whether or not they can use those funds. He concluded that, with this information, together with the budget package, perhaps they can give further direction, or approve the additional funds needed to balance the budget. A possible date for the next budget review was discussed, with the determination the next regular meeting will be on December 9, and at that time they would consider setting a date for a special budget meeting on December 16. Recess to Closed Session Pursuant to Government Code Section 54957.6 to Meet with its Designated Representative Regarding Labor Relations Matters. The City Manager stated he did not feel the Council was ready to give him any direction at this time, so far as negotiations is concerned, so there would be no need for a closed session. This item was placed on the agenda just in case they might be ready and needed it. Action on Budget Related Items. There was no action taken on any budget related item. Page 3 Beaumont City Council December 2, 1991 There being no further business to come before the Council, the meeting was adjourned at 9:39 p.m. Res p ctfully submitted, K City Clerk Page 4 BEAUMONT CITY COUNCIL MINUTES OF NOVEMBER 25, 1991 The Beaumont City Council met in a regular meeting on Monday, November 25, 1991, 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, MacNeilage, 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. RESOLUTION NO. 1991 -46 - Reciting the Fact of the General Municipal Election Held in Said City on November 5, 1991, Declaring the Results Thereof and Such Other Matters as are Provided by Law. Motion by Council Member McLaughlin, second by Council Member MacNeilage, to adopt Resolution No. 1991 -46. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. Prior to leaving their seats, both Council Member MacNeilage and Mayor Connors read prepared statements relative to their terms in office. 4. Presentation of Certificates of Election and Installation of Newly Elected Officials. City Clerk Robert Bounds presented the Certificates of Election and administered the Oath of Office prescribed by the State Constitution of the State of California to Matthew Brey and Matthew Russo, after which the new Council Members were seated. 5. Reorganization of Council: a. Nominations for Mayor. The City Clerk opened nominations for Mayor. Council Member Leja was nominated to serve as Mayor by Council Member McLaughlin. There being no further nominations, the nominations were closed. On motion by Council Member McLaughlin to declare Jan Leja elected Mayor by affirmation, with no opposition, Council Member Leja was declared Mayor. b. Nominations for Mayor Pro Tem. Mayor Leja opened nominations for Mayor Pro Tem. Page 1 Beaumont City Council November 25, 1991 Council Member Parrott was nominated to serve as Mayor Pro Tem by Council Member Brey. There being no further nominations, the nominations were closed. On motion by Council Member McLaughlin to declare Frank Parrott elected Mayor Pro Tem by affirmation, with no opposition, Council Member Parrott was declared Mayor Pro Tem. 6. ORAL COMMUNICATION: There was no one requesting to speak during oral communication. PUBLIC HEARING - 7:00 P.M. - Continued from October 28, 1991. 7. APPEAL OF TWO CONDITIONS OF APPROVAL REQUIRED BY THE CITY ENGINEER FOR TENTATIVE TRACT MAP 249339 AS APPROVED BY THE BEAUMONT PLANNING COMMISSION ON 9/17/91. APPELLANT: Omega Homes /Thomas Shelton. LOCATION: Southeast Corner of Beaumont Avenue and Cougar Way. (89- TM -8 /R). Stephen Koules, Director of Community Development, presented background information on this project, including a recommendation for approval by the Planning Commission. He continued with a brief description of the appeal which has been filed, and a recommendation that the City Engineer's conditions be supported. The City Manager provided additional information relative to his meetings with Mr. Shelton, and their discussions concerning the delivery of water to the project. The public hearing was opened at 7:26 P.M. Mr. Gary MacNeilage, 1747 Vasili Lane: Madam Mayor, members of the Council, I would like to say welcome to the new Council Members, and congratulations. Under the recommended conditions of approval, 1.07, it is speaking of the Cougar Way - construct six foot wide curb adjacent to sidewalk along curb westerly of Trinette Drive. I guess my question would be, is there going to be a sidewalk on Cougar Way where this is referring to. Or is this, I think I am looking at this particular area wrong. I am not sure I understand that. Stephen Koules: Trinette Drive is here, and as I understand it the curb is to be placed along here. Mr. MacNeilage: Okay. Under 1.22, Susan Street, it says construct six foot wide curb adjacent sidewalk on westerly side of street only. This is also the same with Heidi Circle, has no sidewalks, and I believe there is another area somewhere on this parcel that doesn't have sidewalks on one side of the streets, or at all on one of the streets. When I was on the Council earlier, I recognized this, and it had been canceled many times over, but with all of the concerns in the City with the public, I think that sidewalks in these areas should be a requirement on both sides of the street. City Manager: In answer to one comment that Mr. MacNeilage made, the - I think you spoke, did you not Gary, of 1.01 on Cougar Way, or were you speaking on into the project. Mr. MacNeilage: Bob I think I was mixing that up. I think I was thinking that curb should have been along Cougar Way there, and that isn't part of the development yet, so. City Manager: But, it is called for in this on 1.02, which is the listing of Cougar Way, all the one point o's - construct 8" by 24" curb and gutter at 32 foot southerly of the centerline with a western terminus of 120 feet. That would be going across the ditch I believe. So that will be the start of . Page 2 °Paumont City Council November 25, 1991 Mr. MacNeilage: Okay, that just says curb and gutter. City Manager: Oh, I'm sorry, you asked for sidewalks. I'm sorry. There is sidewalk on Cougar on the north side. Mr. MacNeilage: That is all I have. Thank you. There being no other requests to speak regarding this agenda item, the public hearing was closed at 7:31 p.m. Council Member Russo asked for clarification of the boundaries of the project, since he was not provided a copy of the map due to the unavailability of additional maps. At this point, Mr. Tom Shelton requested to speak, explaining he thought the meeting did not begin until 7:30, as a result he had just arrived. He then asked if the Council would consider reopening the public hearing to give him the opportunity to testify regarding his appeal. There being no objections from the Council, the public hearing was re- opened at 7:33 p.m. Mr. Tom Shelton, 11622 Seacrest Drive, Garden Grove, California: The property location, as the Planning Director has pointed out, is the southeast corner of Cougar Way and Beaumont Avenue. The portion under development is only the portion lying southeasterly of Marshall Creek. It is more or less bisected by Marshall Creek. We purchased this, I think, in 1978. In other words, have owned it for about thirteen years. When the prior sewer district was formed to provide service to properties up to Brookside, we participated, and allowed the sewer to be run, actually, right through the middle of the property. When the WDS tract came in, I think, it was on a first revision, to the east of us, we were contacted, since we had the tentative, more or less, in the mill, we were contacted about making a street connection on the southerly boundary here. I mean, extending east into WDS. Frankly, we thought it was a great idea. You can look at that property and you need circulation. You need circulation for police patrol, for fire protection, and just the general use of the people who are going to live there. We were subsequently asked, during the processing of that WDS tract, whether we would be willing to accept a diversion of water - stormwater I am talking about - down this street. We asked, of course, how much, and we were told it would probably be about 20 cubic feet per second, which represented the property - a portion of the WDS site lying west of Palm. We checked and found our streets could handle this additional 20 cubic feet per second with no difficulty. Our tentative map was eventually accepted for processing by the City and on September 17 it was conditionally approved. There are two conditions, engineering conditions, that were placed on it that were rather onerous to us. One is objectionable in that that runoff entering the tract would now be 145 cubic feet per second, in other words seven times as much. And this is due to the diversion, anticipated diversion of the entire high school site, plus all the WDS development lying north of the Edison easement, which would be more or less parallel the projection of our southerly boundary. It would require, we estimate, a 30 inch storm drain at a cost of some $70,000. Now we have an obligation to accept all the water that is historically drained on to the property, and convey it to a safe point of disposal. The downstream owner has no responsibility to accept diverted water. Now that is what would take place here - to ask us to accept the diversion of the water, and, in addition, pay some $70,000 to convey it to a safe point Page 3 Beaumont City Council November 25, 1991 of disposal, I think, is a little unfair, to say the least. We request that this condition be eliminated or drastically revised. The most difficult condition, which I object to, is the statement that we must buy our water from the City water department. I am sure all of you know the condition of the City water department at the moment. We were advised that it would possibly take a year in processing to get the plans approved for some reason. That is our plans for development. And I thought, well, if the City can get us water within a year, we would have no objection to waiting that long. But Mr. Bounds has sent me this EIR, which I appreciate, and in that it states the schedule anticipated for construction, and water would only be available, as I gather, on the completion of the reservoir. Now that date, in accordance to the EIR, would be anywhere from May of 1993 to October of 1993. With all due respect, this system of financing, development and construction of the system is a ponderous thing, with just the proceedings, and many opportunities to stub your toe. For this reason I respectfully request that I not be required to obey this condition, and I be relieved from that, and to be able to get water from the only other act in town. Thank you very much. If there is anything I can add, any questions, I would be glad to attempt to do so. Council Member Parrott: You agree that you are going to take care of the water that is on your property. Mr. Shelton: Absolutely. Council Member Parrott: Okay. Mr. Shelton: We aren't creating a problem for ourselves. The amount of water that we generate all flows on to us normally, historically, we will be glad to have - no problem. But to add 145 cubic feet per second to a street that will handle only about 75 is, you know, an unreasonable condition really. Thank you for hearing me. I am sorry to be late. Mayor Leja: Is there anyone else who would like to speak at this time. Anyone in opposition of Item No. 7. Anyone else who wishes to speak. There being no further requests to speak, the public hearing was re- closed at 7:38 p.m. Council Member Russo asked what the basis is for determining the amount of water, as in Mr. Shelton's original letter he made reference to 200 cubic feet, and now is saying 145 cubic feet, wanting to know if that has been verified. Mr. Koules stated that he did not know other than the fact it was set forth in the City Engineer's conditions of approval, that if it is not resolved in this way the drainage is going to flow and flood 14th Street through Palm Avenue. He did point out he is not an engineer, and the City Engineer would be better qualified to defend these conditions, however, that has been very clearly indicated to him by the City Engineer. Mr. Russo then asked if that meant 14th Street would be worse than it is now, as it doesn't take much to flood it now, with the City Manager advising it is going to take a 30 inch pipe to take it down this way, and when it goes through the WDS project, you are going to have the same 30 inch pipe that is going to have to be put in those streets. Council Member Russo wanted to know about the developer's responsibility to handle diverted water, asking if that should be part of the developer's responsibility. Page 4 RE Beaumont City Council November 25, 1991 Mr. Bounds replied he thought it has to be discussed as an engineering item, and called attention to a letter he received in today's mail from Mr. Shelton's engineering firm, asking the City to answer some questions for them, and that these questions be answered prior to January 1, so that they can start their mapping. He continued that if the mapping is not going to start before the first of January, all of the answers could be obtained regarding this water problem, and not hold them up as far as doing any work. It is a large amount of water and should be looked at closely. Mr. Russo said he was just questioning because Mr. Shelton brings up a good point - should he be responsible to handle diverted water that has always been running down that street because he is building a project there. The City Manager said he didn't know the answer either, and one of the questions that it raises is the fact that since we are coming up with this large cubic feet per second, there is obviously something going on, and it is not just the fact that some houses were built by WDS. He recommended the Council would be better served to have the City Engineer here for the purpose of answering these types of questions, and he was not available to be at the meeting tonight. It was a consensus of the Council to continue consideration of this agenda item to the regular City Council meeting of December 9, 1991 or January 13, 1991, the date to be determined by the availability of the City Engineer. Request from Mr. James Hayes, Beaumont Yamaha - Kawasaki, for Waiver of Requirement to Remove Roof -Top Sign. A staff report was presented by the City Manager, a copy of which is a matter of record in the Clerk's file. Mr. James Hayes addressed the Council, giving written copies of his statement justifying his request to each Council Member. A copy of Mr. Hayes statement is a matter of record in the Clerk's file. In addition to his statement, Mr. Hayes presented pictures of the sign in question to the City Council. Mr. Gary MacNeilage, 1747 Vasili Lane, addressed the Council in opposition to granting Mr. Hayes' request, stating that Mr. Hayes has received a number of other waivers from the City, and he felt the Council should consider these other waivers before granting another one. Ms. Ann Connors, 813 Elm Avenue, addressed the Council in opposition to granting Mr. Hayes' request, presenting pictures she had taken of a portion of Mr. Hayes' property on which a previous waiver had been granted, pointing out that the pictures show how he had violated the conditions of the waiver. She also pointed out that when Mr. Russo was on the Council previously, he wanted to do something about the signs in Beaumont, which did not get finished before he left the Council, and she was hoping that he feels the same way now. Ms. Connors reminded the Council that at the time Mrs. Reeley's sign was discussed, the Council determined that illegal signs would be taken care of by attrition, and the time to do that is now. Mr. Hayes requested to speak again, stating that he didn't think Beaumont Yamaha - Kawasaki had caused anyone to run away from this town, as he thought he kept a pretty good face on the property. So far as the agreement to put up a fence and hide the items stored there, he also thought they had done a good job of doing that. He went on to say he has built the property up, not letting it go down as so many other properties have, and so far Page 5 Beaumont City Council November 25, 1991 as the other permits, they shouldn't have any bearing on this request. The permit that he has requested at this time is the only thing the Council should be considering, not anything from the past. If he is wrong, he is wrong, but at this time he is requesting that a sign be allowed to be painted like the signs which he has on I -10 and 60 both, which he thinks are beautiful signs. He continued that the trailer for sale was his personal trailer, and he knows many citizens place items in their front yards for sale. He then looked at the pictures which had been submitted by Mrs. Connors, and pointed out he could go by everyone's houses and take pictures. He felt he had done everything the Council had asked of him, and has done nothing wrong. Council Member Russo said he could certainly understand Mr. Hayes' position, as he has been dealing with signage in the businesses he is involved with, and pointed out Beaumont is not the only City that is trying to clean up signs. He has had to spend a lot of money and go through a lot of heartache, however, once the cities have conforming signs the cities, as a whole, look better. He emphasized that he did understand how Mr. Hayes, and other business people, feel when there is a sign that might be otherwise available to use, but he feels the ordinances of the City should be supported, and unfortunately the only opportunity the City has to do that is when the usage changes. This is a change of use, and it is clearly stated in the Ordinance that is the time when the City should make appropriate changes. He concluded that he is extremely sympathetic, as he understands how Mr. Hayes feels, but in the long run he will probably be able to design a better sign for his building that will be conforming, and will do a better job. Council Member Brey stated he didn't see how the restaurant and bar could be stopped from opening up because of the sign issue, as the sign is not even on that part of the building. If Mr. Hayes were to repaint the sign, the City could tell him to take it down at that time, but with the restaurant and bar being in a separate section of the building he could not see how the City could tell him to take the sign down since it is on the motorcycle part of the building. The City Manager addressed Mr. Brey's comment in that staff had previously been told to try to clean up the City when there was a change in business, ownership, etc., when non- conforming or illegal uses can be corrected, or code compliance required, and that is the purpose of this. Council Member Parrott said they should not go against the City's ordinances which were done for the purpose of cleaning up the town. Council Member McLaughlin felt the same way, stating the reason the City has ordinances is to try to improve the City, as things were done many years ago in a haphazard manner, whether they were good signs or bad signs. He emphasized the City does have an ordinance, and the Council should uphold it, and in past discussions have determined this would be done through attrition, in order that the City would someday have uniform signs throughout the City. Motion by Council Member McLaughlin, second by Council Member Russo, to require Mr. Hayes to comply with the sign ordinance and remove the sign from the roof -top. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. Page 6 Beaumont City Council November 25, 1991 9. RESOLUTION NO. 1991 -48 - Pursuant to Chapter 10.04 of the Municipal Code of Beaumont, Prescribing an Intersection Stop Sign on Pennsylvania Avenue at 12th Street, to Expedite Traffic Flow and Traffic Safety. 10. The City Manager presented his staff report, a copy of which is a matter of record in the Clerk's file. Basically, he referred to a petition filed by residents in the area, and the fact that a traffic study had been conducted by the Police Department, whose recommendation was for a stop sign at 12th Street and Pennsylvania rather than 13th and Pennsylvania, thereby placing a stop sign at two block intervals. He continued that he had contacted Mr. McDowell, who turned the petition in, and he agreed with this recommendation. Council Member Russo asked if there was not going to be a stop sign for eastbound traffic on 12th Street, with the City Manager advising a stop sign already exists on 12th Street, and this will create a three -way stop. There were no other comments or questions from the Council. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt Resolution No. 1991 -48. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. a. Request to Declare 1977 Chevrolet Van and 1983 Ford Van Surplus due to High Mileage and Age. b. Consider a Request from First Assembly of God Church, Yucaipa, to Purchase the 1977 Chevrolet Van for $1.00. The staff report was submitted by the City Manager, with a recommendation for the vans to be declared surplus, and presenting the request from the First Assembly of God Church. He did point out that the Riverside County Transportation Commission will have to approve a request such as this, and the question will be presented to their Board on December 11. If the Council is willing to sell the van, an action could be taken tonight pending the action taken by RCTC. Council Member Russo indicated he would prefer to wait before taking action on this item because so far as any City assets are concerned he would like to hold any disposition on these until the budget has been reviewed. Both Council Member McLaughlin and Council Member Brey indicated that suggestion was acceptable to them, with Council Member Parrott saying these should be auctioned along with any other surplus vehicles. Mr. Bounds advised that other surplus equipment was being prepared for auction at this time, however, these two vans are different in that any monies received would have to be placed in the Dial -A -Ride fund, and since the Riverside County Transportation Commission is in partnership with the City in the Dial -A -Ride, they have to agree regarding any disposition of these vans. Motion by Council Member Parrott, second by Council Member Brey, to declare the 1977 Chevrolet Van and the 1983 Ford Van surplus due to their high mileage. Mr. Russo again emphasized that he would prefer no action be taken on this item until after the budget has been reviewed, and also a review of any other equipment which might be available. Page 7 Beaumont City Council November 25, 1991 Council Member Brey withdrew his second of the previous motion, with Council Member Parrott agreeing to withdraw his motion. NOTION WITHDRAWN This agenda item will be brought back to the Council at a later date. 11. Request from Riverside County Health Department for Affirmation of Designation of the Local Solid Waste Management Enforcement Agency (LEA) for the County of Riverside. The City Manager presented the request from the Riverside County Health Department, giving background information concerning the Council's previous adoption of a resolution and the need for the affirmation of that past action at this time. There were no comments or questions from the Council. Motion by Council Member McLaughlin, second by Council Member Parrott, to authorize a letter to the Riverside County Health Department affirming Resolution No. 1989 -59. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: None. 12. Consideration of Approving Contract with Superior Signal Service Corp. for Maintenance of Traffic Signals, and Authorization for Mayor to Execute Same. A report was received from the City Manager concerning this request, with a recommendation for award of the contract to Superior Signal Service Corporation. Council Member Russo again stated he preferred to take no action until the budget has been reviewed. There being no objections from the Council, this agenda item was continued until the second meeting in December. 13. Consideration of Membership in the Western Riverside County of Governments. The City Manager submitted his report, a copy of which is a matter of record in the Clerk's file. The meeting was recessed at 8:25 p.m. to allow the Council time to review the information submitted to them tonight concerning the Western Riverside County of Governments, reconvening at 8:35 p.m. Mr. A. J. Wilson, Executive Director of the Western Riverside County Association of Governments, addressed the Council, giving background information concerning this association, and answering questions from the Council. Council Members Parrott and McLaughlin both expressed they were in favor of joining this organization. Council Member Russo said he agrees with the concept, and feels the City should pursue the possibility of entering into the organization, however, at this time he is not prepared to make a decision feeling they should wait until the budget has been reviewed. Council Member Brey said he has talked with other cities who are members, and agrees there is more power in numbers, and would definitely be in favor of joining. Page 8 Beaumont City Council November 25, 1991 Mayor Leja added that she is certainly in favor of participating in this organization, however, giving the situation of the budget they would need to locate the funds to participate, and she would like to reconsider this at a meeting in December. There being no opposition, this agenda item was continued to the first meeting in December, which would be December 9. 14. Report on Highland Springs Avenue Striping. The report on the Highland Springs Avenue striping was presented by the City Manager, a copy of which is a matter of record in the Clerk's file. This matter will be returned to the City Council as an agenda item for action on a joint powers agreement with the City of Banning at the regular meeting of December 9. 15. Report on City Audit Being Prepared by Conrad and Associates. The City Manager reported that the audit had been received this afternoon, and it has been distributed to Council this evening, and asking if the Council would like to have Mr. Mike Harrison, of Conrad and Associates, present at the next regular meeting on December 9, to answer any questions they may have, with approval of the audit being included as an action item on December 9. All Council Members being in agreement, this will be placed on the agenda for December 9. 16. 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 separately. a. Approval of Minutes of Special Council Meeting of October 281 1991 and Regular Council Meeting of October 28, 1991. b. Acceptance of Minutes of Regular Planning Commission Meeting of October 8, 1991. C. Approval of Warrants as Audited per Warrant List of November 25, 1991, in the amount of $248,480.52; and Payrolls of October 24, 1991 and November 7, 1991, in the amounts of $68,545.89 and $67,576.41 respectively, and Special Payroll of November 15, 1991, in the amount of $1,582.73. d. RESOLUTION NO. 1991 -47 - Authorizing Execution of Agreement for Suspension of Improvements for Administrative Plot Plan 91- APP -26 and Ordering Recordation Thereof with the County Recorder. (Marcus). e. Report of Planning Commission Action at Regular Meeting of November 19, 1991. Motion by Council Member McLaughlin, second by Council Member Parrott to adopt the Consent Calendar as presented. AYES: Council Member McLaughlin, Parrott, Russo and Mayor Leja. NOES: None. ABSTAIN: Council Member Brey. ABSENT: None. 17. Set Date for Special Budget Meeting. Motion by Council Member Russo, second by Council Member Brey, to set the date of Monday, December 2, 1991, at 7:00 p.m., for a Special Meeting of the City Council to review the budget. AYES: Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. Page 9 Beaumont City Council November 25, 1991 NOES: None. ABSTAIN: None. ABSENT: None. 18. Recess to Closed Session: a. Pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally, and to which the City is a party. The title of the litigation is Beaumont- Cherry Valley Water District vs City of Beaumont, et al., Case No. 211456, Riverside Superior Court. b. Pursuant to Government Code Section 54957 to Consider Public Employee Personnel Matters. The meeting was recessed to Closed Session at 9:01 p.m., reconvening to regular session at 12:03 p.m. Let the record show Council Member Brey left the closed session at 11:10 p.m., and did not return to the meeting. Let the record show direction was given to the water attorney regarding water litigation, and no action was taken in closed session. Date Set for Next Regular Council Meeting, Monday, December 9, 1991, 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 12:04 p.m. R :ectfully submitted, 4? ity Clerk/ Page 10 BEAUMONT CITY COUNCIL MINUTES OF OCTOBER 28, 1991 The Beaumont City Council met in a regular meeting on Monday, October 28, 1991, 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, MacNeilage, 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. Council Member Leja requested that Item No. 11 be removed from the agenda as she and Mr. McLaughlin have decided it would be better to discuss the resource committees after the new Council Members have been seated The City Manager advised that the applicant, Omega Homes, has requested the continuation of Item No. 5 to the last meeting in November. Council Member Leja announced that a progress report on the General Plan which she had requested be placed on the agenda was left off the agenda by mistake, and she has discussed this with the City Manager as to the mistake that was made in leaving it off. 3. ORAL COMMUNICATION: There was no one requesting to speak during oral communication. PUBLIC HEARINGS — 7:00 P.M. 4. TENTATIVE TRACT MAP 25272 (90— TM -1), MITIGATED NEGATIVE DECLARATION 91 —MND -1 AND MITIGATION MONITORING /REPORTING PROGRAM 91— MMP -4. Applicant: Charles Ware. Location: North side of Cougar Way, approx. 2,000 ft. east of its intersection with Beaumont Avenue. The proposed division of 37.65 acres into 159 single family lots. The City Attorney advised that Council Member Leja owns adjacent property to this project and should not participate in the discussion or action on this item. Council Member Leja was excused, leaving the meeting at 7:12 p.m. A staff report was received from Stephen Koules, Director of Community Development, with a recommendation from the Planning Commission for approval. The public hearing was opened at 7:17 P.M. Mr. John Hart, attorney with the law firm of Reid & Hellyer, representing the applicant: This matter has been before you several times, and rather than repeat and perhaps bore you with Page 1 Beaumont City Council ^ctober 28, 1991 additional details, I think if you have any particular questions related to the development or the proposal, Mr. Ware or myself will be glad to address them. We would endorse, of course, the findings and recommendations of the staff report, and ask that this matter be approved. Mr. Richard Reeley submitted a request to speak in opposition concerning this public hearing matter, however, declined to speak when called upon. Mr. Owen J. Cothron submitted a request to speak as a neutral party concerning this public hearing matter, however, declined to speak when called upon. There were no other requests to speak to this issue, and no questions, comments or discussion from the City Council. The public hearing was closed at 7:19 P.M. a. Consideration of Adoption of Mitigated Negative Declaration 91- MND -1. Motion by Council Member McLaughlin, second by Council Member MacNeilage, to adopt Mitigated Negative Declaration 91- MND -1, based on the findings. AYES: Council Member MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Leja. b. Consideration of Approval of Tentative Tract Map 25272. Motion by Council Member MacNeilage, second by Council Member Parrott, to approve Tentative Tract Map 25272, subject to the Conditions of Approval as submitted. AYES: Council Member MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Leja. C. Consideration of Adoption of Mitigation Monitoring /Reporting Program 91 -MMP -4 for Tentative Tract Map 25272. Motion by Council Member McLaughlin, second by Council Member MacNeilage, to adopt Mitigation Monitoring /Reporting Program 91- MMP-4 for Tentative Tract Map 25272. AYES: Council Member MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Leja. Let the record show Council Member Leja resumed her seat at 7:20 p.m. and participated in the balance of the meeting. 5. APPEAL OF TWO CONDITIONS OF APPROVAL REQUIRED BY THE CITY ENGINEER FOR TENTATIVE TRACT MAP 249339 AS APPROVED BY THE BEAUMONT PLANNING COMMISSION ON 9/17/91. APPELLANT: Omega Homes /Thomas Shelton. LOCATION: Southeast Corner of Beaumont Avenue and Cougar Way. (89- TM -8 /R). This agenda item was continued to the last meeting of November at the request of the applicant, as noted under Adjustments to Agenda. Page 2 r aumont City Council u -tober 28, 1991 6. NEGATIVE DECLARATION 91- ND -10. Applicant: San Gorgonio Catholic Church. Location: 1234 Palm Avenue. Project Description: Construction of a 480 sq.ft. narthex in front of the existing church complex, with a front yard setback variance from 25 ft to 10 ft and provision for 24 parking spaces. (91- PUP-2, 91 -V -1). Stephen Koules, Director of Community Development, presented the staff report with a recommendation from the Planning Commission for approval. The public hearing was opened at 7:25 P.M. Mr. Ray Strebe, applicant, spoke architect and I project, and the requirements for like to ask for a 666 West Wilson, Banning, representing the in favor of the project: I am the project have been working with the church on the City, and we feel we have worked out all the the parking and everything. So we would pproval. There were no other requests to speak to this public hearing issue. The public hearing was closed at 7:26 P.M. There were no questions or comments from the City Council. a. Consideration of Adoption of Negative Declaration 91- ND -10, Based on the Findings. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt Negative Declaration 91- ND -10, based on the findings. AYES: Council Member Leja, and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. END PUBLIC HEARINGS. MacNeilage, McLaughlin, Parrott 7. Presentation by Riverside County Waste Management on Waste Management Issues of Regional Significance, To Include Discussion of These Issues Following the Presentation. A presentation was given by Mr. Robert Nelson, Director of Riverside County Waste Management, addressing waste management issues of regional significance to meet the AB939 goals, and including one concept being proposed by the County. This proposal was for a regional waste management system, and was described in a video presentation. At the conclusion of his presentation, Mr. Nelson asked for questions from the Council. Council Member McLaughlin asked if the concept includes the independent contractors as well as cities, since many of the cities contract this service. Mr. Nelson stated virtually all cities have contracts with private haulers, and this concept would honor all of those contracts, but would ask that in renegotiating the contracts, the contracts would indicate that the waste flow would go to the system facilities. Council Member MacNeilage wanted to know whether or not the concept not only govern over the industry's recycling plan, but would they also put limitations on their pricing. Mr. Nelson replied that the concept is one in which the vendors who are building the material recovery facilities would indeed be by competitive bid. Page 3 LIM aumont City Council .,:tober 28, 1991 Mr. MacNeilage then wanted to know if the MRFs would be built in each of the regions proportionally to the population, with Mr. Nelson responding that would roughly be the case, as generally waste comes in rough proportions to population. Replying to another question from Council Member MacNeilage, Mr. Nelson said everyone can expect the rates to be higher, as the cost to do what has to be done to meet the State law is going to increase the costs. Council Member Parrott asked if the trash haulers have equipment now to separate all the wastes. Mr. Nelson said the state -of- the -art equipment is available right now to achieve the 50% required. Council Member MacNeilage returned to the question of rates, stating there would be some areas which would have much larger quantities of garbage than other smaller areas, and asked if there would be some method whereby places that have a lot of garbage would pay a larger fee than those that have very little, or would that be up to the hauler. Mr. Nelson said the concept the County is suggesting, which will ultimately be the decision of the various cities and the county on reaching a common way to handle this problem, is that there be a uniform way so that the smaller cities, who if they tried to do this on their own would have unit prices very, very high, could be involved with a facility that is processing a lot more waste than what the city would produce. As you get into the higher volumes, the unit rates go down, and that is what smaller cities should want to be a part of - a system that can achieve the lowest possible unit rates. He continued that the processing $60.00 a ton, depending on the smaller city can be in a group several fairly large MRFs, and lower cost curve, that would be of Beaumont as a smaller city. costs could range from $20.00 to size of the facility, and if a .hat, on the average, is building therefore getting involved in a the ideal solution for the City The question of percentage of waste which is recyclable was raised by Council Member MacNeilage, with Mr. Nelson advising the percentage is very low except for concrete and asphalt, which is the biggest tonnage of waste being recycled. Mr. Nelson suggested the Council might consider referring this issue to a committee to work with County staff, and as the County receives a proposal for a waste flow agreement which would fit the concept which has been discussed, they could then work with that committee so that at some point in the future they could come back to the Council and discuss it again. Council Member Leja commented it would be better to wait until after the election to form a committee to work with the County, with it being brought up at an appropriate Council meeting. Report Concerning Removal of Graffiti in the City. a. Receive First Report from Assistant City Manager. The first report regarding graffiti removal procedures in other cities was presented by the Assistant City Manager, a copy of which is a matter of record in the Clerk's file. Along with this report were suggested options for Council consideration which included designating a Graffiti Removal Representative; purchasing removal equipment and using City personnel; or renting the equipment. These options are also a matter of record in the Clerk's file. Page 4 R- aumont City Council tober 28, 1991 Council Member MacNeilage commended Mrs. Overstreet on her very thorough report, however, called attention to the fact that in his discussion with Mr. Murrill, it was discussed that in addition to the City providing fuel, sand and paint, they would also furnish water, and he thought this should be brought to the attention of the Council as well, as water is probably one of the main items which would stop him from volunteering his time. He went on to say he was in favor of option number one, and really likes the way that Redlands runs their graffiti program. Council Member Parrott also commended Mrs. Overstreet on her report, and felt it was interesting to see what other cities are doing. Mayor Connors recognized the request to speak from Mrs. R. R. Hoff. Mrs. R. R. Hoff, 798 Michigan, addressed the Council, reading a prepared statement, as follows: We are here to protest the would be gangs taking over our neighborhood, devaluing our property and invading our privacy. The gangs which have invaded our City this summer, are from the City of Los Angeles and the County of Orange County, and they are ruthless. They have arrived with but one intention. Staking out their territory in a specific neighborhood. Graffiti is their code. Innocent property owners are the victims. Intimidation and frightening individuals is the name of their game. They strike in the early morning hours, leaving their ugly words and signs behind. However, the reality of our life are mere words to you. You have to experience it to know what I am speaking of. We are angry because these ruthless gangs strike at will. Though we clean the graffiti off our walls, whether house, business or apartment complex, they return time after time, and the expense is unbelievable. This causes a feeling of anger, frustration and outrage, because this problem has been neglected in trying to arrive at a solution. We believe that you have ignored our situation. Knowing that I wrote the letter to the editor, three individuals were at my door pounding on it at 1:30 Saturday night. Harassment is their mode of operandi. We understand that Mr. Szoyka, of graffiti abatement, who works in Banning removing graffiti, is practically out of a job because Banning is cleaned up. He uses a sandblaster. The cost $10,000. Perhaps you would consider this. We hope that you will address this issue with expediency, and we thank you. Mayor Connors asked Mrs. Hoff if she had reported the early morning incidents and the harassment to the police, with Mrs. Hoff indicating she did not as she just felt it would accelerate the problem. Mayor Connors then advised Mrs. Hoff that the situation had not been totally ignored by the City, as a program had been started by an Eagle Scout, and was supposedly to have been continued by the Chamber of Commerce, however, it fell apart at that point, although she did agree the City should have picked up on it at that time. Mrs. Hoff stated she did appreciate what the City is doing now, and what Mrs. Overstreet has done, and feels words are turning into action, and she feels the City will really get to the bottom of it now. Council Member MacNeilage asked if there was a specific time of the day or night when this occurred, with Mrs. Hoff stating they come at all hours - you never know when they are coming. David Hoff, 798 Michigan, requested to speak, stating that these Page 5 �saumont City Council October 28, 1991 people will strike anytime in the evening - and it usually is in the evening, and it is not just confined to their apartment complex. They have hit two houses in back of them, and one police officer told them they had hit a residence on Orange Avenue. Discussion followed concerning the graffiti problem in several areas of the City, including public sidewalks and streets, with Mr. Roger Berg adding to the discussion by relating incidents which have occurred at his father's rental property. b. Consideration of Direction Concerning Graffiti Removal Program. Council Member Leja asked the Assistant City Manager if, in talking to the cities, since there are quite a few options being offered, and it has been stated earlier that it is a prelude to gang violence, has it been the same in the other cities, with the Assistant City Manager responding that was the case, and that is why the other cities recommend the best thing to do is get rid of it as soon as possible. Ms. Overstreet went on to say the biggest job would be the initial clean -up, getting the inventory of everything in the City and going through and cleaning it up, and then it will be a maintenance issue, especially in the places where it keeps coming back. Council Member Leja felt it might be in the City's best interest to rent the equipment and train a volunteer group, as well as staff members, to remove the graffiti as soon as possible. She then asked Mr. MacNeilage if he had any ideas on how he wanted to pursue a graffiti abatement committee. Council Member MacNeilage said the problem he could see with Council Member Leja's suggestion was when you have volunteers operating equipment, there would have to be a City employee supervising. The City Manager commented that in using hydroblasters you can really damage something, since it is high pressure water. He felt it should be in the hands of someone who has been trained to use it. Obtaining waivers from property owners can also be a problem when they live elsewhere, so the program has to be designed where people in the City can believe in it, and believe that when we come out, there will not be damage. In the wrong hands a hydroblaster can really cause damage. Council Member MacNeilage suggested a few of the volunteers could be trained on the equipment, with the City bonding them to operate the equipment. Council Member McLaughlin said the insurance company would get involved there, and that could be a problem. Council Member MacNeilage stated that using City employees would incur a large amount of cost for the City, so if the City could get around that it would probably be the best thing to do. The City Manager pointed out one of the things they have to look at as they look at the other programs, is whether the City is going to pay all the costs, or whether those property owners who do not clean their property up is going to pay the cost. That would make a great deal of difference. If it is on City property the City has to clean it, so that is the City's cost already. The big decision is whether or not the City can afford to clean everyone's property. Council Member Leja asked if there has been a regular record kept of areas that are not public property which are consistently hit, with the City Manager indicating that Mr. Aguirre could probably give the Council a good feedback, however, he does not have that Page 6 ...; aumont City Council October 28, 1991 information in his hand at this time. Council Member Leja said it appeared if those areas could be identified, and if there is a problem with the property owner living in another state, the City could talk with them about this happening to their property on a regular basis, and have them sign some type of an agreement with the City to allow the City to go on the property to clean it up, so the property owner doesn't have to be tracked down every time it happens. Council Member McLaughlin pointed out the City could put liens on the property, just like a weed abatement, if there is a problem with the property owner, with the City Manager mentioning there has to be proper notice before they could be charged. Mr. McLaughlin went on to say no one likes graffiti, and, as Mrs. Hoff stated, although she wants the City to arrest these people, never once has she either caught one or called the police so they could be there. The police have got to catch the people in the act - it can't be done by hearsay. He continued that it doesn't seem fair, nor is it fair to the City, because who pays the City's bills - the taxpayers, and do the taxpayers want to be assessed a certain amount to accomplish this, or should the property owner be subject to paying for removal of this graffiti which they have no control over. It is a real problem, and he didn't know the answer, but perhaps considering this a nuisance will give the City enough strength, and make the public aware, and perhaps they will be more observant - and by establishing a hot line the City might be able to get more enforcement involved. Council Member Leja stated that considering all the legalities, the City does need a program combining a lot of this - bringing in volunteers from the community - what the City can do - what all the different departments can do - to participate. She wasn't sure if Council Member MacNeilage's idea was to have this whole program brought about by the abatement committee or by what other means. Council Member MacNeilage said he just wanted to see them get the ball rolling, but one thought that he had was if the City could get started on a volunteer program and then use either redevelopment funds or CDBG funds for the purchase of a machine, asking if these funds could be used. The City Manager pointed out there are no redevelopment funds, and this has not been included in this year's CDBG program. Also, insofar as CDBG funds, they will note that one City did use CDBG funds, however, they were required to stop using these funds in certain areas of the City. He then suggested one of the fastest ways to get started is to get rented equipment. Council Member Parrott said when the City gets the neighborhood watch program going, it will do a lot to identify the people who are doing the graffiti, and that would be a good start. Mayor Connors commented she felt Mrs. Hoff's main point was that if the City could get it cleaned up immediately, and kept up with it, it would solve the graffiti problem that way, and they would stop putting the graffiti up, which seems to be the experience in a lot of communities. Council Member Leja asked for clarification of her understanding there are certain materials that hydroblasting could not be used on, which was indicated by the City Manager to be the case. She went on to say there were areas where volunteers could be used to take care of the problem where hydroblasting could not be used. The City Manager agreed, stating that as the Assistant City Manager's report points out, painting is very definitely one of the better methods for graffiti removal. Mayor Connors asked if, as it was being painted over, could they Page 7 ,,- aumont City Council October 28, 1991 not use a graffiti resistant coating which would eventually mean removal in a more cost effective manner. The City Manager said he did not have the information yet on the graffiti resistant coating, although he did know it is more expensive, but he understands that once you get to a point, no more removal is necessary, however he doesn't have all the information yet, so does not know for certain this is the case. Mayor Connors indicated she received this information at the League conference, and understood that each time you painted it out eventually the whole thing would be painted out, and instead of painting the whole wall, you would paint only that part, and eventually the whole wall is covered. The City Manager commented it is his personal feeling the City needs to look at those kinds of costs, and very quickly make the determination if that is or is not the best way to go, because the City would be helping the property owners, even if you are charging them, to be able to eradicate it. Council Member Leja once again returned to the topic of the formation of a graffiti abatement committee, and have them come up with a multi - pronged solution, or at least attempt to solve the problem, and then bring it back to the Council with a report, and then start the action. Mr. Bounds said staff could work with that committee to help prepare an ordinance to be brought to the Council at the same time. Council Member Leja reiterated that was what she meant by a multi - pronged solution, as it would not be just one attack, but several attacks. The City Manager agreed this would give the Council the opportunity to make a selection, even to the point of presenting five different ordinances for the Council to choose from. Mayor Connors stated she agreed with all of this entirely, as she sees graffiti and gangs as having a direct bearing on the war on drugs. Council Member Leja asked how many members Mr. MacNeilage was contemplating being included on this graffiti abatement committee, with Mr. MacNeilage saying he would guess three to five, including staff. Council Member Leja then asked if it would be appropriate if each Council Member called the City Manager by Friday with a name for appointment to this committee. The City Manager said it was not a committee that had to be named tonight, but if the Council would give them the names of someone, he will be assigning the Assistant City Manager to it, she could then get with them and say, okay you have agreed - they could come up with a time to meet, and start meeting, and then by the time they come back to the next Council meeting, they would have something on the table which could be offered. So, if they want to do it this week, they should call him, then the Assistant City Manager could contact them and get started right now. The more quickly the names are received, the more quickly they can get started. Council Member Leja stated this means each of them would appoint someone, or people who are interested could contact the Council at home, with each Council Member contacting the City Manager by Friday at 5:00 p.m. with an appointment. She also wanted to see Mr. MacNeilage sit on this committee for the remainder of his term if he is agreeable with that. Page 8 9. aumont City Council uctober 28, 1991 Council Member MacNeilage said he was agreeable, and would even like to carry it on after his term is up. Mayor Connors asked for clarification that the number of three to five, including staff, means actually five of the general public plus staff, with the Council agreeing this is correct. C. Request from Council Member MacNeilage for Discussion of Formation of Graffiti Abatement Committee. Discussion of the Graffiti Abatement Committee was included in the discussion of Item 8.b. It was determined no action was necessary on this agenda item, as long as the Council agreed they were asking staff and those who are appointed to the committee to work together and come up with something, with a report back to the Council. The meeting was recessed at 8:35 p.m., to allow the Council time to review lengthy information submitted to them as they arrived for the meeting tonight, relative to the school mitigation fees, prior to proceeding to the school mitigation fee issue which is the next agenda item. The meeting was reconvened at 8:53 p.m. Proposal from Beaumont Unified School District Relative to School Mitigation Fees. The City Manager presented his report, a copy of which is a matter of record in the Clerk's file. This report basically presented a list of items submitted by the School District for a proposed Memorandum of Understanding with the School District relative to school mitigation fees. Mr. Bounds added to his written report the fact this MOU would be designed so no developments could slide through without paying a school mitigation fee. Another item being provided for is if a project is to be restricted to 55 years and older, there would be a different type of agreement - or adjustments would be made. Also, a fee for commercial and industrial would be based on square footage, and, finally, the fees could be established so that each year - triggered by cost indexing programs - the fee could be increased on July 1 of each year without further Council action. Mr. John Wood, Superintendent of Beaumont Unified School District, informed the Council of the School District's efforts to address their student growth with existing facilities, and presented justification for the School District's proposal presented to the Council tonight. Additionally, he pointed out the State school building program is non - existent at this time, as it has no funding in it. They are hopeful if further bond issues are passed in the future, at least one of three applications they have submitted to the State will be funded. In conclusion, he offered to answer any questions the Council may have, and indicated he would be glad to work with the City further, whether it be in study sessions with interested landowners or City staff, however, they have been working on this proposal for two years and would like to move ahead on this. Mayor Connors stated she did not know how the City could arrive at a fee without first conferring with the other cities and the county, in order to have a fee that would be the same. Several questions were asked and comments made by members of the Council. Page 9 Beaumont City Council ,tober 28, 1991 Mr. Tom Van Voorst, of the Building Industry Association, Mr. Richard Watson, of Mission Viejo Company, Mr. Kirk Evans, of KSE Development, and Mr. Arthur McCall, of Aradi, Inc., all spoke to the Council basically in opposition to these proposed mitigation fees, with all agreeing that a task force should be formed where the builders could sit down as a group with school officials and other governmental officials to arrive at some sort of understanding on the fee which is realistic, and would be financially feasible for the builders. The City Council again asked numerous questions, as well as making comments concerning their position relative to this issue. As a result of this discussion, it was a consensus of the Council to recommend that the School District work with the Building Industry Association to establish a task force, with the other cities being invited to participate in this task force, and requesting a report be brought back to the City Council by the first meeting in December regarding what has happened, in order to keep it moving. In this respect, a request was made that Mr. Wood inform the City regarding what occurs at the School District Board meeting on October 29, and the status of the Council's recommendation. 10. RESOLUTION NO. 1991 -44 - Calling for the Restoration of Adequate Funding in Fiscal Year 1991 -92 and Thereafter for the State Department of Alcohol Beverage Control and Urging the Governor and the State Legislature to Approve Funding for the ABC in Order to Continue ABC Enforcement at Least at Present Levels. Mayor Connors stated she received the enclosed letter from the City of E1 Monte making the City aware of the State's proposal to reduce funding for the Alcohol Beverage Control Board (ABC), and she requested this be placed on the agenda because the ABC is related to the drug war, and she felt funding for the ABC is very important. Motion by Council Member Leja, second by Council Member MacNeilage, to adopt Resolution No. 1991 -44. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 11. Second Report from Resource Committee. This agenda item was removed from the agenda under adjustments to agenda. 12. CONSENT CALENDAR - All Items Listed Under the Consent Calendar are considered to be routine by the City Council and will be approved on one motion. There will be no separate discussion of these items unless a Council Member or Citizen so requests, in which case the item will be removed from the Consent Calendar and considered separately. a. Approval of Minutes of Regular Council Meeting of September 23, 1991. b. Acceptance of Minutes of Regular Planning Commission Meeting of September 17, 1991. C. Approval of Warrants as Audited per Warrant List of October 28, 1991, in the amount of $509,168.32; and Payrolls of September 26, 1991 and October 10, 1991, in the amounts of $69,562.58 and $68,961.64 respectively, and Special Payroll of October 9, 1991, in the amount of $1,259.96. Page 10 Reaumont City Council tober 28, 1991 d. RESOLUTION NO. 1991 -45 - Requesting the Local Agency Formation Commission to Take Proceedings for the Annexation of Uninhabited Territory Pursuant to the Local Government Reorganization Act of 1985. (Annexation 89- ANX -3 -47 - Kirkwood Ranch /KSE. e. Report of Planning Commission Action at Special Meeting of October 8, 1991. Motion by Council Member McLaughlin, second by Council Member Leja, to adopt the Consent Calendar as presented. AYES: Council Member Leja, and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. MacNeilage, McLaughlin, Parrott Prior to proceeding to Item No. 13, Council Member MacNeilage and Council Member Leja requested that discussion of the General Plan be placed on the agenda for the next Council meeting. 13. Consideration of Cancellation or Rescheduling of Regular Council Meeting of November 11, 1991 Due To City Holiday. Motion by Council Member McLaughlin, second by Mayor Connors for purposes of discussion, to cancel the regular meeting of November 11, 1991, due to the City holiday. Prior to the vote on this motion, Council Member MacNeilage recommended the meeting be rescheduled to Tuesday, November 12, due to all of the holidays and the League meeting which have necessitated canceling previous meetings. Mayor Connors asked if there was sufficient business to warrant rescheduling the meeting for November 12 other than the General Plan discussion, with Council Member Leja adding there always seems to be sufficient items come up for a meeting from one meeting to the next and she saw no problem in rescheduling to the 12th. The question of the certification of the election was brought up by the City Attorney, with the City Manager indicating the Registrar of Voters' office has advised we could expect to receive the certification between November 15 and November 19, which then brought forward the question of whether the Council wished to hold another meeting with the Council that is presently seated, or wait until the new Council Members were sworn in. It was mentioned that in all possibility the new Council Members would be sworn in at the next regular meeting of November 25, with Council Member Leja again stating she saw no reason why the Council couldn't meet again on the 12th. Discussion of the pros and cons of canceling or rescheduling the next meeting continued, with Mayor Connors, Council Member McLaughlin and Council Member Parrott stating they didn't have a problem canceling the meeting of November 11. The vote was then taken on the motion as stated: AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. MOTION CARRIED TO CANCEL THE MEETING OF NOVEMBER 11, 1991. Page 11 R- aumont City Council .tober 28, 1991 Date Set for Next Regular Council Meeting, Monday , November 11, 1991, at 7:00 P.M., in the City Council Chambers. There being no further business to come before the Council, the meeting was adjourned at 10:21 p.m. Respectfully submitted, City Clerk Page 12 BEAUMONT CITY COUNCIL MINUTES OF SPECIAL MEETING OF OCTOBER 28, 1991 The Beaumont City Council met in a Special Meeting at 5:07 P.M., on Monday, October 28, 1991, in the City Council Chambers, with Mayor Connors presiding. On roll call the following Council Members were present: Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. 1. Clerk's Affidavit of Posting. The Clerk's affidavit of posting the agenda was read into the record by the Deputy City Clerk. 2. Discussion of Fiscal Year 1990 -91 Budget and Preliminary 1991 -92 Budget. Mayor Connors called on the City Manager to open this discussion, with the City Manager indicating that Mr. Wong, Director of Administrative Services, would give a briefing on the fiscal year ending June 30, 1991. Mr. Wong presented his briefing as follows: Mayor and Council Members, what you have in front of you, that I have just passed out, is a analysis of what has transpired in the 90 -91 fiscal year. Our audited balance by our independent auditors, Conrad and Associates, established a fund balance at July 1, 1991 of $837,551. The total revenues that the City collected in the 90 -91 fiscal year was $3,680,662. Attached to that you have a report of detailed revenues. If you flip to Page 2, the very last line will have that total. So that is where that number - that total is coming from. Now we are, this analysis that we are speaking of right now, is just exclusively of the General Fund alone. It does not have anything to do with our gas tax money, our wastewater treatment plant or Dial -A -ride - anything. Just the General Fund. Okay. Continuing, our total expenditures for the 90 -91 fiscal year, likewise, if you look on Page 17 of your expenditure handout, which is the second stapled group, on Page 17 you see a total expenditure and encumbrances of $4,693,587 - hundred dollars. That amount, less the encumbrances, which are the purchase orders that we have incurred, but not yet paid, is $74,591. Now those dollars have to be deducted. Those dollars have not left the City. Those are bills that we haven't even received. Services have not been received either. So that leaves a net expenditures of $4,618,996. Leaving the fund balance, unaudited, at June 30 of 1991, of $100,783 dollars short. Again, the total on Page 17 is the actual expenditures in addition to all the purchase orders that have been encumbered. The purchase order dollar amount of the $74,000 are dollars that have not left the City. Services have not been received. Therefore, we need to deduct that amount. That costs, for the most part, will be incurred in the next fiscal year. Page 1 oaaumont City Council Special Meeting October 28, 1991 Any other questions pertaining to that? Okay, continuing, the City Manager has put together a recommended budget. If you refer to that booklet, the first page I have just given a recap again. If we start out with a $100,000 shortage, the projected estimated revenues for general fund only is $4,124,336, less the total appropriations, $4,325,659. That leaves an estimated fund balance at June of 30, 1992, of $302,106 short. Now, one final note, on that same page, should Measure J pass during the November 5 election, the utility user tax that the City is currently receiving the remainder of the fiscal year for 91 -92 would be approximately $228,000. Council Member Leja questioned if that was included in the revenue figures, with Mr. Wong replying that the $228,000 was not part of that total estimated revenue number. Council Member MacNeilage asked if the expenditures for fiscal year ending 1991, of $74,591, would be carried over to the 91 -92 budget, and if so was that included in the appropriations, with Mr. Wong replying yes to both questions. Council Member Leja wanted to know how they arrived at the estimated revenues for the coming fiscal year. Mr. Wong pointed out that on Page 2 of the booklet, which shows the total of $4,124,000, has the actual detailed estimates. Mayor Connors questioned whether the revenues brought in this past year match the anticipated revenues which were projected, with Mr. Wong again referring to the booklet revenue pages, using as an example the first entry for unsecured property tax which indicates in the first column an amount of $551,000 projected as revenue, and in the fourth column an amount of $528,391, which was the actual amount received, resulting in $22,608.59 less than the projected revenue. The City Manager called attention to Page 2, Account 9901, a transfer of $200,000, explaining this was a transfer of money out of the general fund to be set aside and be called, but not lost from the general fund, a loss payment fund, which fund stays intact. By subtracting that amount from the revenue, means that it shows the revenue actually received being $393,977 short, but it was not really $300,000 plus short, but actually was $193,000. Thus, it appears it is a negative number, and is subtracted from the actual cash taken in. He then reiterated that the $200,000 is in the fund, and will stay in the fund, but the insurance company asked the City to set aside what is called a loss payment account. Mr. MacNeilage referred to Account 7010, the year to date revenue is $528,000, so the City underestimated $22,000 there, and he sees in the current projected budget an estimate of $575,000, and wanted to know why such a high number was projected in light of last year's shortfall. The City Manager answered that the amount of money is $47,000 more than was taken in this year, not what was anticipated - actual take -in, and advising that the County indicates the City's taxes have increased by 12 + %, and rather than take 12°0' , he used 8.9 %, giving a 3.1 loss factor of people not paying their taxes. He reemphasized the figure was based on actual take -in and not what was anticipated. Council Member MacNeilage then asked on Account 7045, Page 2 beaumont City Council Special Meeting October 28, 1991 Supplemental Property Tax, why the City would expect that to remain the same, with the -City Manager responding that is basically an estimate as there is not a good control on that figure, therefore, they watch what has happened in previous years. He went on that since the City had received $4,800 more than was estimated last year, that could be estimated as higher, but he felt the City should stay in the mode of trying to be as conservative as possible, since the County does not provide an actual increase percentage figure to use on this particular item. Mayor Connors questioned the Utility Tax being shown as only $50,000, with the City Manager replying that is because all that has been received after July 1, 1991 has been placed in a trust fund, as directed by the Council, until after the election, and the $50,000 is what was already on the bills prior to July 1. The Mayor then asked if that was part of the total figure they had just been given, with the City Manager responding that figure is not included as it cannot be touched until after the election, but the estimate is that $228,000 will be received in the remainder of the year after taking into consideration the $50,000. Council Member MacNeilage pointed out the difference in the building permits is quite a bit, and asked if the City expected to have that much difference in the building permits. The City Manager indicated the City has already received $10,000 plus from a mini - warehouse on 6th Street, and two churches with approximately $4,000, and there are fifty homes available with prepaid sewer permits, which would give the City $58,000, and the miscellaneous permits will be much higher than that (roofings, renovations, etc). Council Member Leja said it appeared that since the country is still in a recession the City should be a little bit more conservative about the general fund revenue projections, and base the budget on a more conservative estimate more closely related to what the ending revenue balance was this past year, and then have a budget review if the economy appears to be turning around, and asked if that would be possible, as the economy didn't show any indication of turning around very soon. The City Manager indicated this would be possible. Council Member McLaughlin asked for clarification that the sales and use tax is the sales tax, etc., which the City Manager confirmed is the l% the City receives when anything is purchased in the City that has sales tax on it, pointing out there was the loss of K -Mart for about eight months, but we now have Builder's Emporium. What he did was take last year's actual receipts and based that on an increase of $80,000, with most of that being Builder's Emporium's estimate. Mr. McLaughlin then asked when Yates left, with the City Manager indicating that was two years ago, however, that was not a sales tax item. Mr. McLaughlin agreed but pointed out there was a loss on the utility tax when they left, with the City Manager agreeing that was a major loss of $36,000 from electrical alone two years ago. Responding to a question from Mayor Connors, the City Manager advised the Yates utility tax was not included in the projections for 90 -91. Council Member MacNeilage asked for confirmation that a newspaper account of $800,000 in investments being cashed in was correct. The City Manager explained that the City does not keep a large amount of money in its checking account, but rather estimates the amount needed to pay bills, and the rest Page 3 Beaumont City Council Special Meeting October 28, 1991 of the money is placed in Certificates of Deposit, which mature at certain times, the Local Agency Investment Fund, which is the State pool and draws higher interest due to being invested with the State and other agencies, and the Denman Company also places City money in various investments. To pay bills, if the bills are larger than the income, it is necessary to cash them in. For instance, this is the lean time of the year until the property tax comes in December, with 50% or more of that coming in a lump sum, and the remainder coming in May, so some of the larger funds don't come in during the first quarter of the fiscal year. Mr. Bounds continued that he didn't know how many Mr. Wong has cashed in, but the City will always be cashing or moving money as often as money is received, or as the City needs the money to pay larger bills, or whatever the case might be. Council Member MacNeilage then wanted to know if the City had other nest eggs to fall back on, with Mr. Wong responding the City only has the three vehicles that he uses, which are all totally safe with no chance of losing any dollars. He then cited certain "horror stories" of other cities such as San Jose, Montebello, etc., that invested in junk bonds and other vehicles that yield very high, but the risk is higher than the yield. The Certificates of Deposit are in institutions in amounts of $99,000 so even when interest is accrued it falls below the FDIC $100,000 insurance coverage, and are safe at all times. The broker who is used by the City monitors the institutions these CDs are placed with and no CDs are placed in any institution that is about to fold, and the broker guarantees this for the City. Denman and Company invests strictly in U. S. Treasuries, which is one of the safest vehicles available. The Local Agency Investment Fund is the State pool which has previously been described, and is monitored by the State and the yield, generally, is higher than what the market rate would bear. He went on to say that so far as cashing in any CDs, one of the challenges of his job is to try to guess in the strategic planning here, if the City, as an example, had $100,000 sitting in the bank, and it is not being used, it would be foolish just to have it sit there. So it is invested in a CD, or moved into the Local Agency, or given to Denman, one of those three spots, for two months, three months, six months, a year, some length of time, with a maturity date picked in which the City may need the money for covering either payroll or major expenditures. He strategically plans these out so they are not all due at the same time, and the length is varied, so at any given time, any given month, when a maturity comes, he looks at the current status - does the City need those dollars or not - if the City needs them, they are taken back, or "cash them in" if they want to use that term. If it is not needed that given week or two weeks, or until the next maturity date, they are reinvested. This, basically, is the process that is followed. It is not easy, and the game he is playing is that the Local Agency Fund rate competes very highly with the CD market, so whichever area has the higher rate is where most of the money goes. That is the strategic area that he plays with. For example, if the rates right now - if they have looked at the reports which have been given to them - the CD rates that we have on the books today are in the 8% range, and he does not believe anyone could find an 8/10 interest rate for a CD today. But these were done a year ago when the rate was at 80. Council Member MacNeilage asked if $800,000 was invested a year ago, with Mr. Wong replying that a year ago he would estimate the City had close to $5,000,000 invested in the three different vehicles. In January of 1991 a few were cashed in, and in June of 91, there is $3,400,000 invested. Page 4 aumont City Council Special Meeting October 28, 1991 Mr. Wong then continued that as property tax comes in and a big sales tax check comes in, and the City does not need it, these will be reinvested. The dollar amount of investments will fluctuate month to month. Mrs. Leja asked if, in Mr. Wong's past experience, have our investments declined at that rate from $5,000,000 to $3,400,000, with Mr. Wong responding that it had not, primarily for two reasons. One, the interest rate is not as competitive, and the expenditures for 90 -91 far exceeded the revenues, so there were many which were not rolled over. The City Manager asked wasn't the $1.6 million used to purchase the sewer property part of that $5,000,000, with Mr. Wong stating that possibly was true, whenever that was done. A large expenditure like that would reduce the total investments. Mrs. Leja wanted to know if the $1.6 million for the wastewater treatment plant was for the location and was this included in the City's general fund, with the City Manager confirming that was the purchase of the land itself, and that was not part of the general fund, in fact the Council authorized the borrowing of excess money in the sewer connection fee fund to buy the land, because it appeared by information received from the appraiser the land was going to go up, and when the bonds are sold, the developers, landowners, etc., who are putting their property up as collateral, and will be paying for those bonds, will pay that fund back with interest. The City will not pay for that land, or lose the $1.6 million. That will be paid back through the bond program. Council Member Leja said that was assuming the City can go to bond, with the City Manager stating the property could be sold if necessary, and answering another question from Mrs. Leja regarding the current appraised value of the property, said the property has not been reappraised, but at that time it was approximately $1.8 million, so it was recommended a cash offer of $1.6 million be made, and the owners accepted it. There has been land around it sold for development, which was not the case at the time it was purchased, and that will increase the value. Council Member Leja asked whether or not the restricted funds are included in the reports received tonight, with information being given they were not included due to insufficient time to produce those reports, and answering a specific question from Mrs. Leja it was indicated that as of September, 1991, there was $1,707,000 in the sewer connection fee fund. Discussion was directed to the preliminary draft budget, with questions being asked by the Council concerning specific items contained within that draft. One of the topics discussed concerned the fees paid to consultants for the wastewater treatment plant and the water department with the City Manager advising the funds for payment of the consultants are being borrowed from the sewer connection fee, and will be paid back as well, as he had previously informed the Council when the water litigation started. He went on to remind the Council that the developers provided $1.6 million to design the sewer treatment plant, but it did not include water litigation and the water department. The developers understand what is taking place, and they understand they have to pay that. It will all be a part of the bond program, and qualified for that bond program. The bonds will pay back all City money used, plus all interest, based on Mr. Wong's computations. Page 5 aumont City Council Special Meeting October 28, 1991 Council Member Leja said she had understood the "Sewer Club" had provided all the financing, with the City Manager replying they provided $1.6 million which paid for sewer treatment plant design, bond counsel, finance, up to, but not including, water. There was discussion of a printout showing all payments to consultants and all monies received, which will be provided to the Council at the earliest possible date by the Finance Department. A recess was called at 5:45 p.m., to allow the Council time to review the documents provided to them, reconvening at 5:55 p.m. Mr. Matt Russo, 700 Birchwood Drive, Beaumont, addressed the Council, requesting that he and all other candidates be provided with copies of all information given to the Council tonight. He then presented a statement concerning his allegations of City financial woes, as follows: With reference to my allegations of City financial woes, I am alarmed at the response given by members of the City Council quoted in the Press Enterprise on Saturday, October 26, 1991. The response that they were not aware that fiscal year 90 -91 ended in a deficit makes one wonder if the Council Members are truly aware of the trust placed in them to guard the use of public funds. I can understand how new Council Members could have failed in knowing questions to ask. It is easy to place blind trust in City administration, when all seems well on the surface. However, it is extremely difficult for me to believe that a full term Council Member and Mayor of the City would not have knowledge of City financial position, and the use of reserve funds. To claim ignorance, lack of experience or total trust in City administration is too easy. You cannot be excused that easily. (At this point in Mr. Russo's statem( requested a ruling from the City Attorney Russo was addressing the budget, which agendized. The City Attorney indicated related to the budget, however, he would should he appear not to be addressing continued his statement.) ant, Mayor Connors whether or not Mr. is the only item it appeared to be speak to Mr. Russo the budget as he Mr. Russo's statement continues as follows: When you were elected you should have made every effort to educate yourselves on the basics of City administration and basic accounting practices. Some of you have half of your elected terms left. I would suggest you utilize the training you have just received at the League of California Cities conference, if you attended any, or call and ask for information which will help you educate yourselves. The people of this City expect that of you, and you should do it. It was comforting to know that at least one Council Member has been concerned about City finances, and has been instrumental in calling this meeting. I want, however, to remind you that my concerns go beyond just a report on fiscal year 90 -91. It is extremely important that the citizens of Beaumont have a clear picture of the City's financial position by October 30th. We are already into the second quarter of the fiscal year, and I would suspect that we continue to run in deficit each month. My call for independent auditing should be considered seriously. In addition, an accounting of all reserve accounts for the past year, and the activity of each account, is vitally important. Additionally, I want to see the year -end line -item financial report by department, and the year -to -date expendituveo by department in like fashion. Please do not try to tell me it Page 6 eaumont City Council Special Meeting October 28, 1991 is impossible, because I know it isn't. I believe everyone needs to know where we stand right now before the election on November the 5th. Now that is - I would like that this Council will now use extreme caution and wisdom in reviewing their lack of legislative leadership, as well as the mistakes of City administration. You are as much to blame as anyone for this situation, if not more, if you haven't made City employees responsible to you. City employees work for you, not you for them. I would suggest that you weigh the present situation carefully before hasty decisions are made. At this point I would suggest the involvement of the Department Heads, they obviously know the City's business better than you. They should work together to bring a recommended plan of action to put things back on track, and you, of course, will be faced with a final decision, but before this can happen, you will have to know where you are. Once again, I expect to see the line -item comparative report published by the 30th. That will be the needed tool to move forward. If you are truly interested in requesting or representing the citizens of Beaumont fairly, and with integrity, you will respond to this request. One more comment I would like to make. Is the issue here really tonight, is this. But if you look at the fiscal year 90 -91 in and of itself, without additional revenues being used, this City is close to one million dollars in deficit. That is the basis of this meeting tonight, ladies and gentlemen, and I hope that you would really answer to that issue. Don't look at how much funds you took from 90 that was left over in the budget that you used for 90 -91. Don't look at what you borrowed to make 90 -91 balance. The issue is you are a million dollars short. Thank you. Mayor Connors responded to Mr. Russo's statement, stating: I think that we covered that previously, and apparently we weren't listening closely enough. I do feel that we should have been told sooner that there was a deficit by the City Manager. That is his mistake. He should not have done that. He should have told us. And because I would not like to see that reoccur, I do want to propose that we receive automatic notice when reserve funds are used, and that is what they were there for, or when the budget begins to show a deficit, and that we ask for quarterly reports on what the budget is, which would have given us a report at the end of June as well. The feeling that is being brought forth here is that the deficit was caused by the staff, and the deficit was not caused by the staff. The deficit was caused by the recession and other factors. And, as we have been discussing, and as we have been illustrating for you. The mistake that was made was in not keeping us better apprised of the deficit, not in causing the deficit, and the deficit, if you have been paying closer attention, is not one million dollars. The City Manager asked permission to make a statement, as follows: Apparently some have not looked at last year's budget. Last year's budget, the 90 -91 budget, was adopted requiring the use of reserve funds in the amount of $339,836. That was the adopted plan of action for last year. So when you take the cover sheet that Mr. Wong has provided for you. That $837,551. The budget shows that $339,836 of that was to be used to balance the budget. That is a part of the budget document, was approved and so forth. Also, I remind you again. The $200,000 has not been spent. It is merely in -a fund. It is still general fund money. It is not lost. It can be used. It can be used tomorrow if you decide to use it tomorrow. That brings us closer. That is $539,000. Page 7 Beaumont City Council ecial Meeting October 28, 1991 One of the things that some of us have possibly forgotten. We had a war here last year. We had police on the street like we have never had police on the street before. Probably in the history of this City. We couldn't put those police on the street without paying them. And we - I carne to the Council and I said, it appears that we are going to run from $50 to $60,000 over in overtime alone. And the Council was made aware of that at the time. That is another - and it wound up $61,000 more than was originally budgeted. There are other things that we could pick at that are a part of these figures that are here tonight. I accept the fact that I did not discuss closely enough with you the deficit that we were in. That is my fault, I accept the responsibility for it. I can't turn the clock back now, I wish that I could. The budget, as we mentioned a moment ago, and as Mr. Russo mentioned, can be gotten to you quickly to get a plan of attack going very quickly. We can drop everything else we are doing and we can get it out, and we will do that. I believe that is what you want done, and that is what we will do. Mayor Connors stated that although the City Manager failed to tell the Council about the deficit in a timely manner, it was not a surprise to her that there was a deficit when she did find out about it, because she realized that these things had occurred during the year, and that we had had a bad year, and all the cities have had a bad year, and she thought the City had done exceedingly well in comparison with some of the other cities. Some of them have done some major things to themselves and practically gone bankrupt. Mrs. Leja interrupted Mayor Connors, asking to add something, as follows: True, we were all aware that we were in a recession, that we were in a war and the passage of 2557. But those indicators right there should have brought about a budget review at a much earlier date before the ending of the fiscal year, and that could have possibly have prevented us in resulting in this particular financial situation. It is something that cannot be fixed, and that we cannot recover from. I am sure that we can. However, saying that staff did not cause it, that is true, but the point is those things were there. They were obvious, and we did see what was happening in the other cities, and it was a lack of our judgment, and of the appropriate staff, for us not to pursue this at a much earlier date. Mayor Connors pointed out she felt the date was highly relevant here. Council Member Leja commented that the Council did not mean to be here finger pointing, but they know what the problem is now, so it is time to solve the problem, and she thinks the revenue that is projected for the 91 -92 year are too optimistic at this point. She suggested some cuts be made to equal out what the real numbers could possibly be. She agreed with Mayor Connors in requesting a budget review, thinking it was very appropriate, as she had previously suggested to the City Manager that the Council should have quarterly budget reviews, as well as notification of any reserve funds or CDs having to be liquidated. Also, in looking at the City code, she found there are no restrictions regarding how long the City can function without a budget, and she thinks there should be appropriate proposals made in that area so there is a more strict guideline to go by in the Page 8 Beaumont City Council ecial Meeting October 28, 1991 future in adopting a budget at a reasonable time period. She continued that she would like to have Mr. Wong more involved in the budget hearings, and in briefing the Council in how to put the numbers together. She felt a workshop would be appropriate, with Council Member MacNeilage saying that was very well said. Mayor Connors requested clarification from Mrs. Leja regarding how involved she wanted Mr. Wong to be, with Mrs. Leja stating she wanted him to be allowed to do his job. Mayor Connors commented he had not been restricted from doing his job, and called attention to the many errors made by Mr. Wong in last year's budget. Mr. Wong requested to make a statement, as follows: We did, or I did, last fiscal year, make five different revisions on the budget in a matter of days. Now,a few errors in there I will admit, but to try to produce a document of that volume, that quick, with limited staff, is not an easy chore. Mayor Connors then asked what the Council wished to accomplish in the time they have left for this meeting, with Council Member Leja stating she thinks the most important thing they have done is start the process in finding out where they are and where they need to go, and she thought it would be appropriate for the City Attorney to work with the Finance Director and the City Manager in coming up with restrictions for the City code and a time, another date, for the next hearing regarding the budget. Mayor Connors asked if she wanted changes made in the budget where the estimated revenues are based upon something, just a certain percentage of everything or what. Council Member Leja said just like last year's revenues were based upon something, they have to look at the real numbers, and she thought the real numbers are what the City ended the fiscal year with this year, and those are the real numbers and the City should start from that point. If it turns out that the City starts to see the light, and have a little bit better lookout in the economy and building permits and sales tax, then the Council can certainly come in at the quarterly point and make any necessary revisions. Mayor Connors again asked for clarification that Mrs. Leja wanted him to use last year's figures as to what actually came in as the projections for the year ahead, with Council Member Leja indicating that was correct, as she thought that was a good starting point. Council Member Parrott stated he thought a quarterly report is what the Council needed because the economy is moving so rapidly and there are so many fiscal problems, and he thought they needed a quarterly report instead of just a yearly report, then the Council could be in touch with the situation. Mr. Wong asked to defend his department and himself in that each month - and he reemphasized - each month, each Council Member receives a report - revenue and expenditures. Mayor Connors added the report was for the entire year up until the date of the report. Mr. Wong continued that each month's activities, as well as a year -to -date number, is included in this report. Mayor Connors asked if the Council could have a less complex report, more black and white and easier to read, so they know Page 9 Beaum- -t City Council Speci _ Meeting October 28, 1991 exactly what is in the general fund, what the deficit might be, and so forth. Council Member McLaughlin said, normally, what you set up a budget for is to give you a guideline regarding where you can go, and, to him - you never know what is going to take place - what will happen - whether the economy is going to rise or it is going to fall - and no matter what figure, whether last year's figures are used, those could vary probably as much as what has been estimated in the projected budget presented to them tonight. It is strictly a guideline, and they don't have to meet those figures. Just because the figure that is estimated - and he is sure that anyone who has ever made up a budget, whether it is a big budget or a little budget - you have a hard time figuring out the unknowns - what if you get sick, what if you do this or that - and that budget is thrown out of kilter, and you have to adjust to it. And he thinks that is all the Council is asking is whether these figures are going to be correct, as they aren't set in stone. They are something which gives the City a guide as to where they are, and if the revenue is not corning in then you have to do some changing, but if you have something happen that causes you to do a lot of - have extra police, or something like this on line where you have to pay a lot of overtime - you cannot anticipate that and put it in the budget. He continued that all of the Council did vote that $50,000, because it was needed at that time, but how would they have known that when the budget was made up - they couldn't have known that. When they were in San Francisco, they were having a demonstration here and one there. He wondered what the City of San Francisco is doing with their police budget, it has gone completely out of line. He felt the Council was trying to balance a budget, and he would have to say he thinks they have done a good job, the City has a good staff, and he thinks the City of Beaumont is very fortunate in the fact they have as good a staff as they have. They have done an excellent job. He could remember a little over five years ago when this City was the laughing stock of Riverside County for bickering and fighting, etc. And this has not been the case in the last five years. This Council, whether they have done everything right or not - and he didn't believe anyone in the room had done everything right - have done a pretty good job, and kept an even keel_. Certainly, it isn't going perfect, but you are not going to get five people on the Council, or anywhere, who are going to do a perfect job, and instead of picking it apart, try to help the Council. Don't come in and give them a bad time - you should have known this - you should have known that - he doesn't like it, and thinks it is wrong, and is certainly not the right attitude to get something accomplished in a good manner. Cooperation with one another, exchanging ideas, etc., is the key to getting something done. But just corning in and pointing fingers - and he heard they were not to be pointing fingers at anyone - but he heard someone point a finger at somebody here this evening - but to some people that isn't pointing the finger. Everyone sees differently, and he felt like this meeting this evening has accomplished quite a lot, and if they keep this up, it will just be beating the horse to death. Things will get out of hand and out of control, and you accomplish nothing. He felt they had accomplished something tonight, with the request for quarterly reports, etc. He thinks they should go with that, and that is a plus for this evening. But if they keep up the negative attitude, they will lose it. Council Member MacNeilage stated he thought the City Council needs to approve a fund appropriation level. Something for Page 10 RQaumont City Council acial Meeting October 28, 1991 a guideline at this time, as without this they don't really know where they are operating. Also, he asked the City Attorney if he was able to find anything from his telephone conversation with him today, regarding the resolution. The City Attorney reported he had not found anything in State law that requires a resolution. He also contacted the auditors, and spoke with Judy Chu, who is the staff person who conducted the City's audit, and she was not aware of the issues, and did not want him to keep asking her questions. It was very clear in the conversation she just didn't know the answer about any kind of deadlines or requirements. He went on to say that in his review of State law and his telephone calls to the League of California Cities, indicated there are no deadlines - in fact, State law does not even require the adoption of a budget. It specifically provides in the sections in the Government Code which deal with the budget, for an alternative procedure in terms of the payment of warrants, in terms of filing reports with the County auditor - an alternative to adopting a budget. A budget is not required by State law. Insofar as verifying that the City of Banning was or had adopted a resolution, he was unable to reach the City Attorney for Banning. Mayor Connors asked for clarification of what it is the City of Banning was doing. The City Attorney explained he was informed the City of Banning was adopting a resolution, or at least they did last year, whenever they did not adopt their budget by some deadline. The only deadline that he could find was in 53901, which is not a deadline, except that it says a budget has to be submitted within sixty days of the beginning of the fiscal year, or certain reports, to the County. Clarifying again for Mayor Connors, the City Attorney explained the resolution would extend the deadline, or indicates that there won't be a budget passed within a deadline, and there is no deadline that he is aware of. He pointed out he did not contact the City of Riverside, since they are a charter city and are governed by their own charter, and not by the general law of the State of California. He had asked Mr. Bounds if he would contact the City Manager of Banning, and he would ask the City Manager to advise what the result of his telephone call was. But to sum up his report, everything he looked at today indicates there is no deadline - there is nothing in the City's municipal code and nothing in State law which requires any kind of a deadline. There is nothing requiring the City to do, and no penalties involved with not having, a budget, since you don't legally have to have one, although he is not suggesting the City should not have one. The City Manager advised he had spoken with Mr. Schweitzer after receiving the call from the City Attorney, and Mr. Schweitzer indicated the attorney was with him, and he would get with him right away regarding our question. The indication was that if there was anything legal - a legal requirement, they would leave a message with my office, and no message was received, which would indicate nothing was found. Council Member Leja asked what the restriction was for filing with the County, with the City Attorney responding that Section 53901 indicates that a budget, if a budget exists, is to be filed within sixty days of the beginning of Page 11 aumont City Council ..recial Meeting October 28, 1991 the fiscal year with the County Auditor. And that is only if there is a budget. That is its only purpose, and if there is not a budget, then you would file a report of estimated revenues and appropriations. Mr. Wong confirmed that is the only requirement if you do not have a budget, and answering a question from Mrs. Leja as to whether or not we have done that, indicated the only intent of filing the report is if you intend not to adopt a budget. You have to do one or the other, but there is no time frame and no guidelines. The City Attorney added there is no penalty involved as it is an informational thing so that it is available to people in the County at County headquarters. Council Member MacNeilage pointed out it appeared to say the budget had to be filed within sixty days from the beginning of the fiscal year. The City Attorney said that is not what it says, and proceeded to read the section referred to: "Section 53901 - Within sixty days after the beginning of the fiscal year every local agency, including every special purpose, assessing and taxing district within the County, shall file with the County Auditor of the County in which it conducts its principal operations, a copy of its annual budget. The County Auditor shall hold on file the annual budget of such special purpose, assessing or taxing district or local agency for public inspection at all reasonable hours. If a local agency or special purpose, assessing or taxing district does not have a formal budget, it shall file a listing of its anticipated revenues together with its expenditures and expenses for the fiscal year in progress. The County Auditor shall hold on file such statement for public inspection at all reasonable hours." He then reemphasized there are no penalties, no deadlines, and is very different than the County deadlines. The County Government Code spells out the specific deadlines for the County and dates of the year when they have to complete their budget, and that is because their budget is tied in with the general taxing authority that they have, which the City does not have. And that is the primary reason for it because it ties in with turning around and doing the assessments and issuing the taxes. This is since Proposition 13 as it used to be the other way around - they used to figure out the budget and then assess the taxes in order to pay for the budget. He called attention to the fact there are only three references to the budget in the Government Code, and those have to do with the power to audit warrants and checks and the responsibility of the City Council to do so, and talks about what the budget has to have, but again states if the legislative body adopts an annual budget the budget document shall include certain things. There is definitely no deadline. Council Member MacNeilage said his only comment is that the only thing the City is working off of right now is off of the warrants, and he thought it would be helpful to look into the possibility of a workshop for the Council,to get involved in the budget process a little closer. The City Attorney pointed out that is why the Council is given a line item warrant list each time they meet, which lists every specific check issued and what is about to be paid, with the exception of payroll. The Council then discussed when a workshop should be Page 12 aumont City Council Special Meeting October 28, 1991 scheduled, as had previously been suggested. During the discussion it was determined two of the Council Members would not be available to participate in a workshop prior to the election, as a result a majority of the Council agreed the workshop will be scheduled when all Council Members will be able to attend, with two Council Members opposing. There was further discussion concerning whether or not the workshop will be noticed as a study session or a special meeting, with the City Attorney advising it should be noticed as a special meeting, with the exact agenda of items to be discussed or presented included. There being no further business, and with the time approaching for the regular meeting of the Council to begin, the meeting was adjourned at 6:42 p.m. Respectfully submitted, 4ze City Clerk Page 13 BEAUMONT CITY COUNCIL MINUTES OF SEPTEMBER 23, 1991 The Beaumont City Council met in a regular meeting on Monday, September 23, 1991, 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, MacNeilage, 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. 4. Request from Mr. Millage to Discuss Sidewalk Conditions in the City. It was determined that Mr. Millage was not present, with the City Manager advising that Mr. Millage had been given the date in writing so that he would have it at home. Mayor Connors stated the Council has discussed the sidewalk conditions, so if Mr. Millage should come back to the City Manager, he should make a new request to be heard, and the Council will consider his request at that time. 5. Request from Mr. Ed Bingham, Beaumont Garden Center, to Lease City Property. The City Manager presented his report, a copy of which is a matter of record in the Clerk's file. His recommendation was to grant Mr. Bingham's request on a year to year basis, at $10.00 per acre, with the main reason being Mr. Bingham's use will cause the property to be kept clean of weeds and debris, which is a difficult task for the City. Council Member MacNeilage asked if Mr. Bingham was planning to plant the trees and shrubs in the ground or in containers, with Mr. Bingham indicating everything would be in containers above the ground. Mayor Connors said Mr. MacNeilage was questioning the same issue she was, in that growing trees in the ground for one year didn't seem to go together. She then asked for clarification regarding the City preparing plans for use of the property, which apparently would not be in the near future, with the City Manager confirming the City is not preparing plans for use of the property at the present time. He advised further it is not a part of the sewer plant property, however, it will possibly be included in some of the later phases. There were no other questions or comments from the Council. Motion by Council Member Leja, second by Council Member Parrott, to authorize staff to prepare lease documents for the property for one year at $10.00 per acre. Page 1 Beaumont City Council September 23, 1991 AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 6. Request from Mrs. R. R. Hoff for Discussion Concerning Removal of Graffiti in the City. The City Manager reported he had expected Mrs. Hoff to be present tonight, as he had spoken with her by telephone and that was his understanding at that time. He went on to point out that in her letter to the Council she indicated that the purchase of a sandblaster as they have in Banning would eliminate the ugliness swiftly. He checked with the City Manager in Banning and it was indicated they are not using a sandblaster, and this information was relayed to Mrs. Hoff. The City has tried sandblasting in the past and found that it was not an especially good way to deal with graffiti. The City-of Banning is using high pressure water, which the City of Beaumont has also tried, and this method leaves some coloring, etc. He again talked with Mr. Schweitzer this morning, and he indicated that most graffiti removal is being done by painting out, as most all cities are doing, including Beaumont. He continued that his feeling is, in talking with her, (and he had hoped Mrs. Hoff would be here to speak), that she is asking the City to take care of all removal of graffiti, including private property, as that was what she felt the City of Banning is doing. What the City of Banning actually does is give a seven day notice to remove graffiti from private property, and if it is not done, the City moves in and removes it, and puts it on the tax roll. Mrs. Hoff manages an apartment complex in the City, and indicated it was expensive to remove graffiti, etc., which of course is common knowledge. The City takes care of graffiti on public property, but have not gone to the seven day notice procedure so far, as property owners have been very cooperative in assisting in the removal of graffiti. He went on to emphasize the situation is not going to stop, in fact is getting worse as time goes on. One of the suggestions he would like to mention, which is something he and Council Member MacNeilage have discussed, was the possibility of offering a reward for prosecution of people involved in graffiti. That might be an incentive to bring people forward to say they are aware of who is doing part of it, and making a conviction easier. At the present time, the City is notified after the graffiti is in place, and not while it is being put up. On the few calls that are received at night, when a police car starts moving down the street, if you are putting graffiti on, you stop, so the police are unable to get close to someone while they are in the act of putting it on. He and the Chief of Police have discussed this problem at length and are at a loss how best to solve the problem. It is being done at strange hours, a lot of it early in the morning. Although some of it is very artistic, taking some time to do, they have been unable to catch anyone in the act. He and the police department are willing to do anything the Council would like to suggest, however, he does not see how the City's staff can assume responsibility for the removal of all graffiti in the City on all properties, private and public. If this were required, that is all certain members of the staff would ever do. One of the biggest problems are the underpasses under I -10, necessitating the removal from one whole wall at a time. Page 2 Beaumont City Council September 23, 1991 In one instance, a gentleman on Jon Gilbert asked the City to provide the paint to him and he would keep the graffiti painted out on the fence that runs along Cougar Way. This has worked very well, with the gentleman removing the graffiti very quickly, and the City keeping him supplied with the paint. Council Member MacNeilage asked if we knew the amount of reward offered by the City of Banning, and whether they had ever paid one, with the City Manager indicating he did not know the amount, but did not think they had paid one. Mr. MacNeilage then stated he thought the City should establish some type of graffiti removal program, and wondered if it could be done under the nuisance abatement ordinance already in existence. He did feel other cities should be contacted to see what type of programs they have. The City Manager advised the City would need to establish something which moves faster than the normal nuisance abatement. Mr. MacNeilage also mentioned he thought volunteers would be very helpful, and he, for one, would volunteer his time, perhaps one Saturday a month. Council Member Leja asked if the City had ever looked at the organization known as "We Tip" as there is a graffiti program included in that, and she thought Banning was part of that. She emphasized she did not know if it actually works, or how costly it is, but she did know they are available to come in and give presentations on what works and what doesn't, and what their program involves. Another suggestion from Council Member Leja, realizing the City cannot have police officers out there for everything that goes on, would be getting the neighborhood watch program started. She did point out she and her neighbors put up motion sensor lights at their back fence, and have not had many problems with graffiti since those were installed. Council Member Parrott wanted to know if the police have the ability to read the messages left by the graffiti, with the City Manager stating they could read some of them, however, not all of them are gang related. Council Member Parrott then stated he thought the City should contact We Tip. Council Member McLaughlin agreed it is a problem, with there apparently not being a good solution to it other than the possibility of it being controlled. He then related a personal experience with graffiti on a neighbor's property, and he assisted her by painting it out, after he had the police take a look at it. Although the officer recognized the names included in the graffiti, there is nothing the police can do unless they are caught in the act. He pointed out that even with the neighborhood watch program, when someone might call, unless the police can get there before the culprits leave, there is nothing that can be done. From the graffiti he has seen, you will see NSB and SSB, which mean north side Beaumont and south side Beaumont, which means there are two different gangs who are doing this, but, again, even though the police know most of these people, unless they are caught in the act there is not much they can do, especially in light of the existing laws. It is his understanding that one of the best solutions is to paint them out as quickly as possible thus nullifying the purpose of the message. Page 3 Beaumont City Council September 23, 1991 He also suggested there might be some means of controlling it through the businesses who sell the spray paint. Discussion then centered around the fact it is illegal to sell spray paint to minors, and there is a proposed law to ban spray paints due to the fluorocarbons, however, it was pointed out that has been proposed for at least five years and has still not taken place. Mayor Connors also mentioned it is illegal to sell alcohol to minors, but they still get hold of it. Mr. Matt Russo, 700 Birchwood Drive, Beaumont, addressed the Council, stating that his operation is located in the City of Colton, and that City has a very aggressive graffiti abatement program. At one time his business was hit at least twice a month, or more, in their particular location. Colton now has a graffiti hotline, and if you call that hotline, the City funds the project, coming out and removing it within twenty -four hours. As a result, the whole graffiti problem in Colton has diminished, because part of the problem with graffiti is when one group makes their signs, the other one has to come and go over it, and the real key is to quickly remove it from wherever it is at. He did say he did not know what it was costing the City of Colton, but they might want to check with Colton because it seems to work, and they are doing an excellent job. He pointed out that in his particular case, his business wanted to help fund the removal, so he provided the paint, but the City provided the labor and equipment. And he did not know what they were using, but they do it very quickly. Mayor Connors stated that in everything she has read it is emphasized that speed is the most important part of the removal, and painting it out the most efficient way of doing it usually. She also said the texture of the wall made a difference, but that would be in the same category as the sidewalks, changing all of the walls might be a problem. Mayor Connors went on to point out that We Tip might have a very high fee, although she didn't know what the dues are, but it could be checked out, as well as whether or not their program works. We Tip was discussed in general, including the fact it was thought their program included some type of reward. Council Member Leja called attention to the fact that removal of graffiti was one of the topics of discussion scheduled at the League of California Cities conference, and someone should attend that discussion, with Mayor Connors bringing up that at one time the Chamber of Commerce was going to keep a graffiti program going, and they might also be interested in joining with the City in pursuing a program. Direction was given to staff to check with other cities regarding their programs, and in particular the City of Colton, to find out more about their hotline, its cost and how effective it is, with the first report to be returned to the Council at the next Council meeting. 7. RESOLUTION NO. 1991 -42 - Declaring "Red Ribbon Week" October 21- October 25, 1991, in the City of Beaumont. Mayor Connors opened discussion on this resolution by questioning the dates shown, as National Red Ribbon Week is October 19 through the 27th. The deputy city clerk advised the dates shown in the resolution were the dates provided by the school district. Mrs. Connors advised that when she talked with John Wood he also gave her a shorter time, and she had informed him at that time the dates were wrong, but apparently they were not changed, however, she felt the dates on the City's resolution should be Page 4 E:n 9M Beaumont City Council September 23, 1991 changed to match the dates established for National Red Ribbon Week. Motion by Council Member Leja, second by Council Member MacNeilage, to adopt Resolution No. 1991 -42, declaring Red Ribbon Week October 19 through October 27, 1991, in the City of Beaumont. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. Request from Beaumont Unified School District for Monetary Contribution for Red Ribbon Week Activities. The City Manager presented his report, a copy of which is a matter of record in the Clerk's file. Included in that report was a request for consideration of the purchase of additional ribbons for City employees and their families, as well as an additional supply for anyone who might come to the City requesting a ribbon. Mayor Connors said from past experience she felt the City would need approximately 1,000 additional ribbons, and she had confirmed with Custom Trophy that the price of 120 per ribbon would still apply to the City as well as the school district. Motion by Council Member McLaughlin, second by Council Member MacNeilage, to approve the contribution of $235.00 to the Beaumont Unified School District for red ribbons, and further authorize the purchase of 1,000 red ribbons for the City's use, totaling $355.00 for the red ribbon campaign. AYES: Council Member Leja, and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. MacNeilage, McLaughlin, Parrott Consideration of the Need for a Minimum Lot Width Requirement of 45 feet for Cul De Sac and "Knuckle" Residential Lots. Stephen Koules, Director report, a copy of which file, and adding additio for a minimum lot width clarify the situation residential lots. of Community Development, presented his is a matter of record in the Clerk's nal details further explaining the need requirement, by utilizing a diagram to involving cul de sacs and knuckle Council Member Parrott asked if consideration had been given to giving sufficient room for Dial -A -Ride buses to negotiate these cul de sacs, with Mr. Koules replying he believed that was the case, because when the cul de sac is designed they should take into account the circulation. The City Manager advised that the bulb of a cul de sac is designed for a truck to turn around in, but it does not deal with the front property line of lots. Council Member McLaughlin said he had no questions, but felt staff was working on it, and they should continue to do so and bring something back to the Council after they have obtained information from the other sources. Council Member MacNeilage asked for clarification that the 45 foot which has been recommended is the property line, with Mr. Koules confirming it is the property line, not the curb line, which is being proposed. Page 5 Beaumont City Council September 23, 1991 The City Manager added that at 35 feet, with a 16 foot drive, and with many of them a little bit more on their side of the driveway to the front yard, you would be dealing with 19 feet or less if you use 35, whereas 45 feet would give you 29 feet. Council Member MacNeilage said in the subdivision where he lives there is not enough room for cars, and he didn't feel 45 feet was wide enough. Mayor Connors stated she didn't see why the City couldn't require a 50 foot width, even though the City's minimum square footage is 6,000 sq.ft. at the moment, and she didn't think that would be a major hardship for the builder. Council Member MacNeilage commented that when you are discussing pie shaped lots, they are usually well oversized lots, so if the radius on the circle is made larger, you are not taking away a whole lot from the lots, you are still going to have oversized lots, so 50 or 60 feet wouldn't make any difference. Mayor Connors responded that she was not thinking of the size of the lot changes, but rather of the design of the street, and how the street will look, and that wider lots are more attractive than narrower lots at the front. Council Member McLaughlin asked if the bulb were opened up, what are they going to do with the street that is leading into it, will that have to be widened also, with a jog into the bulb, or would it be designed so that it comes in a nice, uniform manner. Mr. Koules replied that he thought the bulb could be opened up, but he thought you would get the same size bulb, just larger lots, and a developer will say if you have too wide a frontage, of necessity it would create a lot larger than they may want to create in a subdivision. In other words, if they have wide lots, they will, of necessity, open up the bulb. The City Manager said there is a standard for a cul de sac street, and that is not going to change. What will happen is the possibility of losing a lot according to the way it is designed, and that is where engineers come in to determine how do they get the most lots on their property, and one method is to stay away from cul de sacs. Council Member MacNeilage asked if that is a zoning design or a guideline, with the City Manager stating that is a subdivision guideline. You cannot change the width or radius of the bulb at all. Council Member Leja pointed out this is usually decided in the specific plan process, so it could still be changed in a specific plan if the City allowed them to do so, asking why the City could not go higher than 50 feet. Mr. Koules suggested that 50 feet would provide one full parking space in front of each property running parallel to the property line, with Council Member Leja asking why not 55 feet. Mr. Koules responded that he thought 50 feet might be practical in designing a lot. Mr. Bounds said, speaking as a cul de sac property owner, you cannot put a car in front of his house, and when he realized that was going to happen he widened his driveway. If there is a party at his house, they have to stack the cars in the driveway, because he cannot put them on the street. He would love to have a place for one car on his street in front of his property, and felt that 55 feet would be ideal - again speaking as a cul de sac property owner. Council Member Leja pointed out that cul de sacs are saleable, as many people ask for a cul de sac lot, and she didn't want to see the City discourage cul de sacs. Page 6 oeaumont City Council September 23, 1991 The City Manager called attention to the fact the buyer still pays f or the cul de sac lot, and they are usually at a premium because of the large backyard, so the property owner deserves to have one parking space in front of their house. Council Member Leja agreed, as when she and her husband were looking at lots they looked for the biggest lot, and she would prefer to be able to park a car in front of her house, because the driveways and the two car garages are only big enough for one car. The City Attorney brought up the fact, that if they took the diagram given to them, using 55 foot, it would eliminate one lot, with Council Member MacNeilage saying if you extended the perimeters of the circle in the cul de sac, you would come up with your 55 foot. The City Attorney asked if that was permissible, with the City Manager answering that you can't enlarge the street portion of the cul de sac, but what has been drawn on Exhibit "A" is what is called the "one sided bulb ", and that is there is a provision for that, and it is not the same as a full bulb. The City Manager went on to say they can select the proper street and pick up the footage they are looking for. He did point out the problem with Exhibit "A" is you have a property line on the north, a creek that runs through the property, and you are trying to develop too many things at once, and so the whole purpose of this particular subdivision was - how do I get the maximum number of lots on it. He thought there are times when the City needs to look a little bit more at the social aspect of living in a community, rather than just can they get one more lot out. Council Member Leja said she did not think 45 feet is large enough, personally, but she is not certain what the lot size would be if it were raised to 50 and 55 feet, but 55 feet would be her preference, unless she can be shown something else. The City Manager called attention to Exhibit 112 ", showing two elbow streets, which is another typical way of dividing land - and what has been done. If they were to look at Lot 41 and Lot 47, you get very large lots, but they get up into corners where they are not even usable, so it is all in the way the lots are cut. They talk about their big corner lots, but don't tell anyone about not being able to park in them, for instance, you have a huge backyard which you can't get a vehicle back in to park, such as a boat or RV, so they try to put all those out in the street. He then again stated he thought 55 foot was not too much to ask. Mayor Connors said she would take it as wide as she could get it, because it eliminates lots in the process. Council Member Leja stated when you also have cars parked on the street, and people are going into a cul de sac to turn, that would eliminate a lot of the space allowed to turn in - but then stated this change would not change the size of the cul de sac. The City Manager clarified that the cul de sac is designed to have cars against the curb with a turning radius allowing for a six wheeler truck, fire trucks, etc. What does happen in cul de sacs, however, is people get mad and park nose in, which creates a problem. Mr. Koules added that 50 feet would allow a full car length, and 55 foot would obviously allow more, with the City Manager stating that if 55 were the lot line, making 45 the curb line, with a sixteen foot driveway, you would get 29 feet - keeping in mind there is also a mailbox, a pad mount and a cable box, and a water meter. Page 7 Beaumont City Council September 23, 1991 Mayor Connors asked if the 45 foot that the Planning Commission is supporting, was that something they had discussed where they suggested they would want it longer, with Mr. Koules replying he thought they were looking at 45 as a minimum. He went on that they were not pleased with the 40 that the subdivider had submitted, and since there was nothing in the ordinance, they were cornered into that position, and they recommended 45 - although in this particular subdivision the Planning Commission recommended 42 foot, but 45 is what they are looking at so far as an absolute minimum. Motion by Council Member McLaughlin, second by Council Member MacNeilage, to direct staff to prepare an ordinance with a minimum lot width requirement of 55 feet for cul de sacs and knuckle residential lots, for Council consideration. Following the motion, Council Member Leja asked if they actually needed a vote on this at this time. Discussion followed, resulting in Council Member McLaughlin withdrawing his motion, and Council Member MacNeilage withdrawing his second. MOTION WITHDRAWN. Staff was directed to prepare an ordinance for consideration with a minimum lot width requirement of 55 feet for cul de sacs and knuckle residential lots. 10. First Report from Resource Committee. Council Member Leja advised that Council Member McLaughlin and she have not had an opportunity to meet, but they have requested information from several cities, as well as information from the League of California Cities, and she has been finding that many cities have resource committees that are only comprised of staff assisting citizens, and other cities who also have Council Members participating. She also noted that something similar to this would be addressed at the League of California Cities conference. She then stated what she would like to do, since so many cities do so many different things with this, is that she and Mr. McLaughlin would attend those discussions at the League conference this year, and then submit more than one proposal. Mayor Connors clarified that she understood other cities had been contacted, with Council Member Leja confirming this is the case, adding that if any of the Council Members are familiar with any cities that have something special that they would like for the committee to look at, they would be glad to request information from them as well. She has found that many of the cities are having to do a lot of research to find out how they came about with their citizen's advisory boards, as well as their ad hoc committees and Council participation. As a result, she is suggesting they should not pick the first thing that is put in front of them, but to present more than one proposal to the Council, also giving she and Mr. McLaughlin time to attend the seminars at the League conference, as well as ask other cities throughout the State. 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 separately. a. Approval of Minutes of Special Council Meeting of July 27, 1991 and Regular Council Meeting of August 26, 1991. b. Acceptance of Minutes of Regular Planning Commission Meeting of August 20, 1991. Page 8 Beaumont City Council September 23, 1991 C. Approval of Warrants as Audited per Warrant List of September 23, 1991, in the amount of $350,563.71; and Payrolls of August 15, 1991, August 29, 1991 and September 12, 1991, in the amounts of $73,391.52, $74,840.90 and $70,205.47 respectively, and Special Payrolls of September 13, 1991 and September 20, 1991, in the amounts of $190.13 and $3,332.67. d. Consideration of Award of Bid for Roofing Work at Stewart Park Pavilion and Rest Rooms to Sierra Construction Systems, in the amount of $7,600.00. f. Accepting Resignation of Ray Tiber from Senior Citizens Advisory Committee, and Authorizing Posting of Notice Requesting Applications to Fill Two Vacancies on the Senior Citizens Advisory Committee. g. RESOLUTION NO. 1991 -43 - Approving Final Parcel Map 26229 and Authorizing Recordation Thereof with Riverside County Recorder. (Allied Group /Saab - 14th and Beaumont Avenue). h. Report of Planning Commission Action at Regular Meeting of September 17, 1991. Mayor Connors advised a request had been received from Mr. Matt Russo to remove Item No. 11.e from the consent calendar for discussion. She then stated that in the minutes of July 27, 1991, on pages 23 and 25, it refers to the "day" council, and she thinks that should be "date" council, which stands for drug, alcohol and tobacco education. The minutes will be corrected as noted. Motion by Council Member MacNeilage, second by Council Member McLaughlin, to adopt the consent calendar, with the exception of Item No. ll.e, and with the corrections to the minutes of July 27, 1991 as noted. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 11. e. Consideration of Award of Bid for Two Test Points and One Test Well to Howard Pump, Inc., in the amount of $165,666.15. Mr. Matt Russo, 700 Birchwood Drive, Beaumont, addressed the Council, stating that he was sure this item has been discussed, but he has apparently missed it, and needed clarification. He then asked - in water issues, where there is litigation or pending litigation, in the event of adjudication, it was his recollection there is a possibility a water master would be appointed by the Court, and wanted to know how this would affect what the City is trying to accomplish in developing its water department. The City Manager answered Mr. Russo's the litigation filed by the Beaumont -1 is on the Beaumont Basin. The test considered are in the South Beaumont same basin at all. He continued adjudication as he did not believe Water District even has a well in the question to the effect that 'herry Valley Water District points and test well being Basin, and are not in the there is no question of the Beaumont - Cherry Valley South Basin. Mr. Russo then asked if there were any other companies with wells in the South Basin, with Mr. Bounds replying there are some privately owned wells, but no established water companies. Mr. Russo continued with the question - in the event the Pass Water Agency were to become embroiled in any of this, would that cause a situation where they would have jurisdiction over distribution of water. Page 9 Beaumont City Council September 23, 1991 The City Manager answered that at the present time their jurisdiction is over water to be imported from the State Water Project, but if at a later time they should become a water master for the area, they would need to be water master over South Beaumont basin, as there are several basins in this particular area. He continued that at this point he has heard nothing from the Pass Water Agency indicating that is their desire, but it could be in the future. Also, there could be a water master brought into the area, but at the present time the biggest argument is all in Beaumont basin, and no discussion of anything else. That is one of the reasons the City is looking at water in another basin rather than Beaumont Basin. Mr. Russo had no other questions. Motion by Council Member McLaughlin, second by Council Member MacNeilage, to award the contract for drilling two test points and one test well to Howard Pump, Inc., in the amount of $165,666.15. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 12. Consideration of Cancellation or Rescheduling of Regular Council Meeting of October 14, 1991 Due To City Council Attendance at League of California Cities Annual Conference. Mayor Connors asked if there were matters pending for Council consideration on this date, with the City Manager indicating there were none to his knowledge at this time. Motion by Council Member McLaughlin, second by Council Member Parrott, to cancel the regular Council Meeting of October 14, 1991 due to City Council attendance at the League of California Cities Annual Conference, with a special meeting to be called if there is a need. AYES: Council Member Leja, and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 13. Recess to Closed Session: MacNeilage, McLaughlin, Parrott a. Pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally, and to which the City is a party. The title of the litigation is Beaumont - Cherry Valley Water District vs City of Beaumont, et al., Case No. 211456, Riverside Superior Court. b. Pursuant to Government Code Section 54957, to Consider Public Employee Personnel Matters. The meeting was recessed to closed session at 8:05 P.M., reconvening to regular session at 9:53 P.M. Let the record show direction was given to the attorney, and no action was taken in closed session. Date set for next regular Council Meeting, Monday, October 28, 1991, 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 9:54 P.M. Respec fully submitted, Ci Clerk Page 10 BEAUMONT CITY COUNCIL MINUTES OF AUGUST 26, 1991 The Beaumont City Council met in a regular meeting on Monday, August 26, 1991, at 7:02 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. Let the record show Council Member MacNeilage 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 requested that Agenda Item No. 4 be withdrawn from the agenda as it is going back to the Planning Commission by agreement with the attorney for the applicant. There were no other adjustments to the agenda. 3. ORAL COMMUNICATION: There was no one requesting to speak during oral communication. 4. Consideration of Approval, Modification or Rejection of Tentative Tract Map 25272 (90- TM -1), Mitigated Negative Declaration 91 -MND- 1, and Mitigation Monitoring Program 91- MMP -4. Applicant: Charles Ware. Location: Northside of Cougar Way, approximately 2,000 feet east of its intersection with Beaumont Avenue. A proposed subdivision of 37.65 acres into 159 single family lots. Receive Staff Report. a. Consideration of Adoption of Mitigated Negative Declaration 91- MND -1. b. Consideration of Approval, Modification or Rejection of Tentative Tract Map 25272 (90- TM -1). C. Consideration of Adoption of Mitigation Monitoring Program 91- MMP -4. This item was withdrawn from the agenda under adjustments to the agenda. 5. Consideration of Applications Received for Appointment to Senior Citizens Advisory Committee. The City Manager presented his report, a copy of which is a matter of record in the Clerk's file. Only four applications were received for the five vacancies, and it was the City Manager's recommendation these four be appointed to join the two existing members, until such time as applications are received for the fifth vacancy. He noted for the record that of the four applications received, none of the applicants have served less than an average of 28 hours per month during the last six months, so these four applicants have performed a tremendous amount of volunteer work. Page 1 6. 7. Beaumont City Council August 26, 1991 There were no comments or questions from the Council. Motion by Council Member McLaughlin, second by Council Member Parrott, to appoint Jean Halbeisen for a term expiring January 31, 1992, and Aline Albazan, Nell Welch and Margie Bouvier for terms expiring January 31, 1993. AYES: Council Member Leja, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member MacNeilage. Appointment of Two Representatives to Serve on the San Gorgonio Pass Water Resources Council. Mayor Connors opened this agenda item with the statement she would be willing to serve on all three committees for which the Council will be considering appointments. A report was received from the City Manager, a copy of which is a matter of record in the Clerk's file. There were no questions or comments from the Council. Motion by Council Leja, to appoint Parrott to serve Council. AYES: NOES: ABSTAIN: ABSENT: Council Connors. None. None. Council Member McLaughlin, second by Council Member Mayor Ann Connors and Council Member Frank on the San Gorgonio Pass Water Resources Member Leja, McLaughlin, Parrott and Mayor Member MacNeilage. Appointment of Two Council Members to Serve on the San Gorgonio Development Group (SGDG). Mayor Connors pointed out that in the Council's previous discussion concerning this group, they talked about asking for by -laws and a budget, which have not been received, and she wondered if the Council wanted to wait until they are received, or if they wished to go ahead with consideration of these appointments. She continued that the Council did approve of the concept, but she had the impression that if the Council sends members to this group, they would be agreeing to the funding, and asked if this was the feeling of the balance of the Council. Council Member Leja said it was her understanding that they were not going to ask for funding until the group itself had raised their $50,000, and she didn't see where the funding would be approved by just sending two members there. Mayor Connors asked for clarification that the issue of funding would be coming up later, with Council Member Leja responding in the affirmative. Mayor Connors went on to point out the City has not started their budget and the Council does not know what is going to happen in that budget at this point, and committing to funding for anyone at this time would result in having to come up with some pretty clever explanations, especially with the Chamber of Commerce and the Tourism Group. She continued that she just wanted to bring these issues up to see what the feeling is, and if that is the feeling, it is fine with her. The City Manager brought up that he has been involved with groups like this in the past, and when he understood there would be no funding requested of the City, he could see that the representatives from the City would be ex- officio members. And Page 2 Beaumont City Council August 26, 1991 it appears to him that they want the City to be part of the large members, as large as any of the private membership, and it is a little strange to ask the City not to have a voting power. Mayor Connors said, on the other hand, she would suppose the $12,000 would be a voting power the same way it is with the Chamber, with the City Manager responding that is not the way it is indicated - it specifically says ex- officio members. Mayor Connors pointed out if the funding is taken away, the City would be casting a powerful vote there, and added that money is given to the Chamber each year without having a vote, so there are both ways of looking at it, and that is why she wanted to get some input as to what everyone thought about it. Council Member Leja commented that if the group is successful, the benefits to the City would surpass any objections the Council might have now regarding attending the meetings. The City Manager clarified he is not saying not to attend the meetings, just that he thought it was a little strange they ask the City to be a party that large, when originally the City was not to pay any of the funding, but then to come in with a contribution as large or larger than any other agent - usually you would have a voting power. Mayor Connors thought when the funding comes up the City should be presented with a budget showing what the money is for, the same as the Chamber does. She did think it would be difficult not to agree to the funding after they have joined, and not having any by -laws it is hard to tell how difficult it would be to withdraw. Mayor Connors then stated she just wanted to bring these points up for their consideration, and if this is what the Council has decided to do they should go ahead. Council Member McLaughlin said he thought the City should go ahead and join, however, if the City is going to be ex- officio members, then they should not be asked to provide some of the funding. Council Member Leja called attention to the fact that when the Valley Group approached the City last year for $5,000.00 to attract a missile weapons system to be moved to March AFB, the money was given to them without a voting power or even a lot to say about how it was pursued or spent. With this mind, she didn't see how tonight's vote to have a representative to show the City's support for the concept of this organization as approving funding. Mayor Connors indicated the last time it was discussed, they didn't want Council Members to have a vote, and should be merely ex- officio members, but at that time the funding wasn't mentioned. The City Manager felt there was time to discuss the funding at a later date, and he didn't think appointing two people to participate with the group, whether ex- officio or not, ties them to paying money in any way. He has been involved with this type of program before, and they were very happy to give the cities their vote. Mayor Connors again stated she doubted that too, however, just wanted to be sure everyone understood that as part of the discussion, but did not really see any harm in appointing someone. Motion by Council Member Parrott, second by Council Member McLaughlin, to appoint Mayor Ann Connors and Council Member Jan Leja as the Beaumont Council representatives to the San Gorgonio Development Group for the 1991 -1992 fiscal year. Page 3 B. FA Beaumont City Council August 26, 1991 AYES: Council Member Leja, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member MacNeilage. Appointment of Two Council Members to Serve on an Ad Hoc Committee with the City of Banning to Select the Species and Placement of trees for the Highland Springs Avenue Street Treescape. The City Manager presented his report, a copy of which is a matter of record in the Clerk's file, in which he indicated, if there were no objections from the Council, he was appointing Lee Ann Overstreet and Stephen Koules as the staff representatives on this committee. There were no questions or comments from the Council other than Council Member McLaughlin and Mayor Connors indicating a willingness to serve on this committee. Motion by Council Member Leja, second by Council Member Parrott, to appoint Mayor Ann Connors and Council Member Don McLaughlin to the Ad Hoc Committee with the City of Banning for the Highland Springs Avenue street treescape. AYES: Council Member Leja, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member MacNeilage. Parks /Open Space Area Study for the General Area from 14th Street to Brookside Avenue, and from Beaumont Avenue to Cherry Avenue. The City Manager called attention to the set of draft Planning Commission minutes which have been provided to the Council, pointing out these are not approved minutes, but were given to the Council for information regarding Planning Commission discussion and comments concerning parks and open space at their last meeting. He specifically called attention to the area when the two attorneys were discussing this issue, and it was asked can the City, before the next Planning Commission meeting, draw the park and open space study into a much narrower discussion so that the three maps - Aware, Shelton and WDS - could be considered as they are now drawn, rather than having to go back to engineering to make room for the parks. He went on to say this is a discussion item he is giving the Council to show a request by the three developers who have had their maps completed for this period of time. Council Member McLaughlin felt by bringing the parks and open space study up at this point in time a hardship was created for the three developers who already have their maps completed. He stated further he does like the concept of the easements under the Edison power lines, with their being in the City's trail program and being accessible, and they are large enough to have a number of things involved in that area. He wondered about the mini -parks and who would maintain them - would it be up to the City or to the homeowners - how would it be done. He did state the study should have been addressed some time ago - 1989 or before. Another problem mentioned by Mr. McLaughlin was the storm ditches that are an expense to maintain, although the Engineer has done an excellent job in ensuring they are kept under control, they are expensive, and usually those expenses are given to the person who purchases the homes, and if the Council is thinking in terms of more economical housing, this is not the way to go. Page 4 Beaumont City Council August 26, 1991 Council Member Leja said she was curious who the hardship was on, as she sees the hardship being on the residents who live there for lack of space for children to play in instead of having to play in the streets. She went on to say the City has to look ahead, as Mr. McLaughlin said previously, it should have been considered in 1988 or 89, however, they now have to look at ten years from now, five years from now, three years from now, and the majority of the hardship will fall on the people who reside there. She emphasized this particular plan should not be set in stone, as the only way it will go, as there are times and places to ask things of developers, and if it were her choice she would look at developing the Edison area first for park space. She was not certain what the restrictions are on that property, but hoped a report will be forthcoming before there is further discussion at this meeting. She pointed out there are also other possibilities which can be considered in the mini -park phase, and who says consultants have to draw the plans for the City. Although there are all types of laws in the State to mandate certain requirements, she didn't see that a mini -park should cost three million dollars, which was a figure given to her by staff, and which she found scary because you could then not build affordable housing. She felt there were ways that communities can come together and provide facilities such as this, and have an ownership in it where it would be maintained and kept clean. She thought this is the time for the Council to be creative and not ignore the needs of the people who are going to be living there. She then requested information from staff concerning the Edison property - are there restrictions on the property preventing certain things to be there - or what is the process to develop that area. Mr. Koules stated it was his understanding that the City Engineer in negotiating with the subdividers in terms of processing maps, has had past success in acquiring easements, mainly in the case of the WDS project. He thought this type of practice could very well continue where the City could get easements in -fee title from present owners. He continued that, in terms of restrictions, he thought there would be limited restrictions for passive use of the park to get into ball playing and the like. Although there may be some restrictions, and he is not familiar with the exact restrictions. On the question of maintaining the property, he felt that would be established by City policy - will they be made a part of the City's park system and the City maintain it? That is another issue. He did think the easements lend a unique opportunity since they are there for the City to acquire and utilize if that is the policy of the City, but there is value to new parks. In answering Mr. McLaughlin's question, Mr. Koules said he thought when the City first looked at the individual subdivisions the City recognized the limitations of size, such as a forty acre piece instead of a larger specific plan where the City has acquired parks for the City. There is a drainage channel down the middle of the property, so staff felt there was some extraordinary costs to the developer. However, in the June 18 meeting the three subdivisions all came together, so it focused the need for parks in that general area of Cougar Way and Palm to the north, as a result he felt there is merit in that side of the equation as well. Mr. Koules continued that the one question that is yet to be answered is how much will it cost, and who will be responsible - who would pay - and hardships incurred - by which of the developers. Admittedly, the Aware project is further along in Page 5 Beaumont City Council August 26, 1991 processing then the other projects are, so the Council does have options. Council Member Parrott suggested the Council study the issue further and try to acquire a piece of property in one section instead of going to different developers. He agreed a park is needed in that area, but the City should look at something that is not down the road as far as Aware is with their project. He also agreed the Edison property should be looked at as it has great merit. Mayor Connors stated she thought they all agree the City should have a park in the area. In her opinion there is only one way to go, so f ar as Aware Development is concerned - as they are too far down the road, and it would definitely be a hardship on them which was not placed on the other developers. It would not be fair to Aware. She asked if Edison is agreeable with placing parks under power lines, with the City Manager indicating the main problem would be you cannot construct a building, and the normal procedure would be for the City to go to them and make a request. In the past, playgrounds, ball fields and things of that type have been allowed, specifically what was referred to by Mr. Koules as "passive" parks. In this particular situation it could be playground equipment, green areas, all the normal things you can do in a park, with the exception of putting in a community center or something like that. Mr. Koules advised he has had conversations with Mr. Mike Martin, the Area Manager for Edison, and he was very encouraging about parks being allowed on Edison property. Mr. McLaughlin pointed out you can have trees, but they can only be a certain height. Mayor Connors indicated she had seen in the Planning Commission paperwork that the September meeting is tentative, with Mr. Koules confirming the motion was made by the Chair that it be a tentative meeting. The meeting will be advertised, and it is their intention to hold a meeting on September 17. Mayor Connors said she felt it should not be tentative if Aware Development has been moved again - and if it is felt it is unfair to hold them up -- and then a meeting is canceled - - She then asked why it was considered tentative. Mr. Koules advised it was considered tentative because the Planning Commission didn't know what the disposition of the parks study by the Council this evening would be, and whether there would be more time, or shorter time preferably. Mayor Connors asked if this is the only item that appears to be scheduled for September 17, with Mr. Koules indicating Aware, Shelton and WDS, as well as a project for the Catholic Church, are scheduled for the 17th. Council Member Leja stated that as important as the issue of parks is for the quality of life in the community, she thinks it would be wise if the Council would appoint one or two Council Members to work with staff, and to work with citizens of the community in that area, as well as the property owners. Mayor Connors asked why it would be necessary to appoint Council Members to work with staff on this, with Council Member Leja asking did the Council not want input at the beginning. Mayor Connors pointed out usually the Council has staff work on these things and bring reports to the Council meetings, and this was why she wondered why Mrs. Leja was suggesting another way. Council Member McLaughlin stated he did not think it was Page 6 ueaumont City Council August 26, 1991 necessary to appoint someone to work with staff, but rather direct staff to go ahead and study the issue further, and bring a report back to the Council, at which time the Council can make their thoughts known at that time. Mayor Connors asked if there were more than two alternatives, the one with the mini -parks and the easement, with the City Manager responding those are the two alternatives at this time, however there are other ways this can be done. The parks could be put on individual properties, and negotiate with those property owners, as there are properties that have not yet been mapped. Mayor Connors then asked why staff could not be directed to come back with all the possibilities, but release the one which would hold up Aware Development as she really is not comfortable holding up Aware any longer. The City Manager replied that one of the things that Mrs. Leja is talking about is when the Council is prepared, they go to the community and let the community help the City design a park. That is the time he would like to see a Council Member or two be involved because it lends more credence to staff working with those people, as you are going to be asking for some evening meetings, some Saturday meetings. He has found, from past experience, that the people - because of being involved - seem to buy into the park - seem to have a little bit more involvement when they went to the park - and even got involved as far as donating things to the park, and things along this line. It just seemed to work very well. He continued that if the Council's idea is to get to the point where they are ready to take an approved park to the community, at that time, as a staff member, he would like to see Council Members there sitting at the same table with those people. Mayor Connors said what she would like to see is for the Council to have all the possibilities available before they go to the citizens and say - these are the places that we have - then citizen input should be obtained. The City Manager agreed that at that point they should also have the ability to have the sums of dollars needed to be laid on the table, to determine how far they could go - how large, etc. Council Member Leja thought the citizens should be involved at the beginning of the process, simply because there is a lot of talent available, and a lot of people that could give levels of expertise in helping the City develop the alternatives - several. plans that can be developed, or at least an appointed committee to develop all the alternatives. She continued that the Council had discussed many times the importance of getting the community involved from the very beginning, instead of bringing them in and saying, o.k., these are your choices, and see which one that they like. She pointed out that a lot of cities are being very successful in having their input at the very beginning of the process. Council Member McLaughlin pointed out that since they have two people serving as a resource committee, himself and Mrs. Leja, he didn't think it would be necessary to appoint two or three other people to other committees, but rather let this be one of the first chores for the two on that committee. Mayor Connors stated she thought if you went to the citizens at the beginning, before there is an understanding of what is possible and what is not possible, you will probably get requests to do things that can't be done. Then you have to come back and find out whether or not it can be done, resulting in a delay of the park. She didn't think it would happen as quickly if you don't know what is available and what isn't when they start talking. Page 7 Beaumont City Council August 26, 1991 Council Member Leja said that is the point of having staff available as it can be held up just as long if staff develops this park, and then take it to the people and they say, forget it, we don't like anything in any of those parks - it is not meeting our needs - we don't want that. She then compared that to a child, when you have bought something for them without asking their input - it will then hang in the closet, and continued that at this point she thought it was important to find out what the citizens want, with staff available to tell them what is possible, and arrive at a conclusion that way - find out at the beginning instead of risking staff putting in a lot of hours, coming up with these alternatives, and then the people saying, we don't like that. Mayor Connors pointed out that if those are the possibilities, and then the citizens tell the City they don't like any of those possibilities, then it can't be done. . . . Council Member Leja stated if the City came up with all the possibilities, there would not be enough rooms in the building to hold all the plans, with Mayor Connors continuing that she wasn't thinking of the details of the possibilities, she was thinking of the available properties, the ownerships, how large they are, etc. She wasn't talking about the details - what you could put on it and so forth. Council Member Leja argued that by going to the people first the City might find out that the people don't want a certain size of playground, and they might be satisfied with just one type of playground, or perhaps be satisfied with just Edison, and as a result staff would have wasted a lot of time going to the property owners to negotiate. She did think it is important for the City to find out what the people in that area would like to have in that community, and then staff proceed at that point. Mayor Connors asked if Mrs. Leja didn't think they should know the approximate ballpark figure of what it would cost for the different type of parks, with Council Member Leja pointing out it was not going to happen overnight, and Mayor Connors stating they should understand that as well. Council Member Parrott reaffirmed his previous statement there should be parks in that area, but he also felt there should be a town hall type forum, and let the people express themselves - indicating what they want. He felt this was very vital to the entire issue. Mayor Connors asked if he meant a general meeting rather than a committee of Council Members and staff, with Mr. Parrott stating, no, he thought the City could even take the concept being presented to the Council tonight and show it as a potential park plan to the people, and advise them we might not be able to get each individual parcel, but it is a general idea, and ask for their input and ideas, and collect the citizen's ideas in that way. Mayor Connors then brought up the question whether or not they were indicating no taxpayer money would be used, because if the City is going to use taxpayer money for these parks, then input should be received from the entire community, not just in the area of the parks. Council Member McLaughlin wanted to know whose concept is the one being presented to the Council tonight - the developers - staff - or where has it come from, with the City Manager replying the developers have not indicated that they want to do anything like this - this came from Jim Dotson and Mr. Koules. Council Member McLaughlin then asked if the developers had even been contacted, with Mr. Bounds stating they had definitely seen the concept, and feel very strongly - since all three of the Page 8 Beaumont City Council August 26, 1991 developers have put a lot of money in engineering to come in with their maps, and all of a sudden they are at Planning Commission level and they have been told they have to hold up their maps now, because the City is going to determine how it is going to put together a park system - so they have been put off sixty days now, and as of the meeting of the 20th they were put off thirty more days before their maps can be heard, which they have put good time and money into. Mayor Connors requested information regarding how the Council would go about making their wishes clear, if it is their wish, to allow these developers to move forward as if this weren't happening, and then be creative enough to find a park system otherwise. The City Manager said that, to him, what she is asking, is that the three maps who are covered by the orange boundaries within Exhibit "A" of the prototype, with the indication being they understand the situation that each one of the maps crosses over two boundaries, and that it is the desire of the Council if more parks than the Edison easement potential are to be placed in that area, those parks should be moved to parcels of property owned by one property owner so that negotiation could be held, and the maps could continue on. Mr. Bounds then explained if they had one of the property owners that is involved decide they would agree to sell the City land from something that is within the maps, it could be worked out, but when you have one five acre parcel on three different properties, and the 2.3 acre parcel on three different parcels, and then the 1.9 acre parcel on Beaumont Avenue on two properties - the City should be looking at boundary lines, (agreeing with a statement inserted by Council Member Leja at this point). He continued that if property is to be purchased or acquired, negotiations would then only be held with one property owner, so that it does not destroy or create a problem for the maps as they go through. Once a map is approved, it can be adjusted for the purpose of parks, providing you look at the mapping of lots and so forth. But the key to it now is, by crossing too many boundaries you are holding up too many people while the discussion is being held as to whether or not to have parks, and he did not believe that is the Council's intention. Mayor Connors wanted to know how they can get the Planning Commission to do it that way, with the City Manager stating the Planning Commission has asked the Council for advice, asking Mr. Koules if that was not correct. Stephen Koules said he thought there is an answer to that question in that he believed this was done in part with the intent to share the cost of a park, and if it is the Council's desire he thinks these alternatives are somewhat salvageable, recognizing that the Aware project has time schedules. (At this point Mr. Koules is speaking away from the microphone, and with background noise on the tape is difficult to hear). He is explaining the possible alternatives in that the 1.9 acre parcel may be in two ownerships, but is very likely to come in as one project. He then called attention to the Cougar Mountain Apartment site, which has allowed their approval to expire, being a single ownership, so if it is the desire of the Council, that would be a possible alternative to place a park solely on their site. The City Manager added these were alternatives which would still allow the three maps to go ahead, with Mayor Connors stating that is all she is asking - the Council be able to continue discussion without tying up the developers - and if the City ends up purchasing land, and if the cost is very much, she then thinks input should be received from the entire community because it is their money too. Page 9 Beaumont City Council August 26, 1991 The City Manager called attention to the Shelton parcel, and the northwest triangle at Beaumont and Cougar Way being shown as not being a part of Tract Map 24933, so that is a possibility, as well as Cougar Mountain apartments which has no map on it as yet, and the two -way ownership up north has no map on it, and no map on Country Crossing in the southeast corner. However, the three blue sections are approved maps, but it doesn't eliminate the City going to one of the owners and discussing the possibility of working out a sale on a part of that property - thereby not being necessary to discuss the issue with more than one ownership, and it would not stop any map that is moving today. Mr. Koules stated that Commission wanted is that not concerned with how responding she thinks the want to hold up the develi unfair. his perception of what the Planning they just wanted to see parks, and are they are placed, with Mayor Connors Council feels the same way, and do not )pers from moving forward, because it is The City Manager brought out that one of the things Mrs. Leja has said is that she feels we have the capability between the community, between people that we can enlist to work with the City, between staff, between Council, that we do not have to go out and spend a lot of money in the design of parks, and that he totally agrees with her. Mayor Connors said she believes this area was originally multi- family, high density zoning, and the Council accepted single family because it was a better alternative, and she thought that is how the parks slipped through the cracks, and that certainly should be corrected. She then summarized for the audience that basically what the Council has decided is they would like to see a process go ahead whereby the developers would not be held up on their developments, but the parks issue would be addressed and taken care of; and that Mr. McLaughlin has suggested the resource committee that has already been formed come up with additional members to discuss the parks issue. She then asked if the Council wants, at this point, to limit that to people who live in the area, or do they want to invite members from the entire city. Council Member Leja stated she thought that should be the responsibility of the resource committee, and they might not be able to get people from other areas of the City. Council Member McLaughlin said if the City is going to maintain them, and declare them as part of our parks department, then it will take tax dollars to do it, and he felt you have to include the City as a City, not just a segment of it. Responding to Mayor Connors' question whether there was more discussion or if action was needed, Council Member McLaughlin thought staff should go ahead, and get together with the resource committee to set up a time to proceed. He added that if too many people became involved it would take forever to complete as numbers are not always the answer to all the questions, and you can have nothing but chaos if you have too many involved. Council Member Leja asked that it be clarified that part of that direction is the Council is sending back direction to the Planning Commission that they wish to pursue parks within boundary lines if possible, with the City Manager adding it should be added to that, especially, to exclude the three tract maps that are in the process of being considered at this time. Motion by Council Member McLaughlin, second by Council Member Leja, that the Council wishes to indicate to the Planning Commission that parks in this area of the City, as well as other areas of the City, is a high priority to them, and they intend to establish a committee to look into the immediate needs of parks Page 10 Beaumont City Council August 26, 1991 in the northern part of the City, and that the Council desires for the Planning Commission to hear the three tract maps that are presently before them for consideration, and the parks will be looked at on properties other than those three at this particular time. AYES: Council Member Leja, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member MacNeilage. 10. RESOLUTION NO. 1991 -37 - Supporting the Potrero Creek Reservoir Alternative as the Site of the Proposed Eastside Reservoir Project. A recess was called at 7:56 to allow the Council time to review the resolution since they had not received it prior to the meeting tonight, reconvening at 8:07 p.m. There were no comments or questions from the Council. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt Resolution No. 1991 -37. AYES: Council Member Leja, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member MacNeilage. 11. RESOLUTION NO. 1991 -38 - Adopting the City of Beaumont Multi - Hazard Functional Plan. A report was received from the City Manager, a copy of which is a matter of record in the Clerk's file, with a recommendation for adoption of this resolution. There were no questions or comments from the Council, other than indicating it appears to be complete. Motion by Council Member Leja, second by Council Member Parrott, to adopt Resolution No. 1991 -38. AYES: Council Member Leja, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member MacNeilage. 12. RESOLUTION NO. 1991 -39 - Finding, Determining, Declaring and Certifying that the Construction of South Beaumont Groundwater Storage Unit Test Points and Test Producing Well is not a Project Subject to Compliance with the California Environmental Quality Act (CEQA), and Adopting Notice of Exemption. 13. RESOLUTION NO. 1991 -40 - Ordering Publication of Notice Inviting Sealed Proposals or Bids for Construction of South Beaumont Groundwater Storage Unit Test Points and Test Producing Well. The City Manager presented his report concerning these two resolutions, a copy of which is a matter of record in the Clerk's file, with a recommendation for adoption of the resolutions. There were no questions or comments from the Council. Motion by Council Member McLaughlin, second by Council Member Leja, to adopt Resolutions No. 1991 -39 and 1991 -40. AYES: Council Member Leja, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member MacNeilage. Page 11 Beaumont City Council August 26, 1991 14. Consideration of Award of Bid for Stewart Park Playground Equipment. A report was presented by the Assistant City Manager Lee Ann Overstreet, a copy of which is a matter of record in the Clerk's file, with a recommendation for award of the bid to Moore Recreation and Park Equipment. There were no comments or questions from the Council. Motion by Council Member McLaughlin, second by Council Member Leja, to award the bid to Moore Recreation and Park Equipment for the Stewart Park playground equipment in the amount of $25,792.72 from the 16th Year CDBG funds. AYES: Council Member Leja, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member MacNeilage. Following the motion, the City Manager advised that since the bid came in lower than had been anticipated, he will be working with EDA to determine if the City can purchase sand and do some curb work around the outside so the playground type equipment may all be brought together and make it easier for growing grass around it, etc. And hopes to utilize some of the CDBG money that is left over to be used in this manner if possible. 15. CONSENT CALENDAR - All Items Listed Under the Consent Calendar are considered to be routine by the City Council and will be approved on one motion. There will be no separate discussion of these items unless a Council Member or Citizen so requests, in which case the item will be removed from the Consent Calendar and considered as a separate item. a. Approval of Minutes of Regular Council Meeting of August 12, 1991, and Special Council Meeting of August 19, 1991. b. Acceptance of Minutes of Regular Planning Commission Meeting of June 18, 1991. C. Approval of Warrants as Audited per Warrant List of August 26, 1991, in the amount of $237,145.18; and Payrolls of July 18, 1991 and August 1, 1991, in the amounts of $71,909.81 and $72,303.20 respectively. g. TENTATIVE TRACT MAP 23646 (89- TM -6). Request for One Year Extension for a Proposed 50 lot subdivision. Location: North side of Cougar Way about 1800 ft. east of its Intersection with Beaumont Avenue. Applicant: Aware Development. h. Report of Planning Commission Action at Regular Meeting of August 20, 1991. Mayor Connors requested that items number d, a and f be removed from the consent calendar for discussion. There being no objections from the Council, Items d, e, and f will be removed from the Consent Calendar for discussion. Motion by Council Member Leja, second by Council Member McLaughlin, to adopt Items a, b, c, g and h of the Consent Calendar, with Items d, e, and f being considered separately. AYES: Council Member Leja, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member MacNeilage. Page 12 Beaumont City Council August 26, 1991 15.d Consideration of Approval of the NPDES Stormwater Discharge Permit Implementation Agreement, Between the Riverside County Flood Control and Water Conservation District, the County of Riverside and the City of Beaumont. Mayor Connors called attention to the next page following Exhibit "A", in which they ask for comments from hospitals and school districts, and she did not see the local hospital, the local water district or the local school district on the list, and asked why they were not included since the City is involved in this agreement. The City Manager and Mayor discussed this question, with the City Manager indicating he would obtain an answer from the Flood Control District, with the basic question being did the Pass Hospital, Beaumont School District and Beaumont - Cherry Valley Water District have a right to comment on this stormwater discharge, and if so, did they, or will they be commenting in the future. 15.e Consideration of Approval of Cooperative Agreement Between the City of Beaumont and the County of Riverside to Provide Fire Protection, Fire Prevention, Rescue and Medical Aid for the City of Beaumont for FY 1991 -92. Mayor Connors said she didn't understand the chart and the $55,000, the unbilled, and what happens if it falls short next time, and how is it accounted for in these years, as she could not follow it. The City Manager advised the chart is indicating the City will be billed an additional $55,000 each year until the 1995 -96 billing, which will be the full amount of $535,727, providing that we have the level of service that we do today. Their discussion concerning this question continued, with the City Manager explaining how they arrived at this formula, as it still was not clear to Mayor Connors. They then agreed she will come to his office for a detailed explanation. Mayor Connors then called attention to the section listing volunteers, and asked where the monthly amount the City pays to the volunteers is shown, with the City Manager explaining that payment is given to the volunteer organization, not the County, and the County pays the volunteers according to the type of response they go out on, or in the case of a state run, they are paid by the State, so this covers the salary and benefits for the volunteers as well as the full time people. 15.f RESOLUTION NO. 1991 -41 - Adopting a Rotational Tow Service Agreement. The Mayor questioned the reference to capability of providing air, asking what this is used for, with the City Manager answering that trucks have air brakes, etc., and on occasion air might be needed to provide additional air from the tow truck to the truck that is operating so they will have safe brakes. She then called attention to the following which need correction or should be added: Page 11, under Enrollment Period, third line down, third word from the right side - least is spelled incorrectly. Page 12, Waiver of Requirements, in the second line the word specified is mis- spelled. Page 15, at the bottom of the page, where it talks about it being unlawful for the tow truck company to display a marker indicating a special connection with the DMV or Highway Patrol, Beaumont Police Department should be added. Page 13 eaumont City Council August 26, 1991 Pages 24 and Pages 25 are switched - Page 25 should be Page 24 and Page 24 should be Page 25. Motion by Council Member McLaughlin, second by Council Member Leja, to approve Agenda Items 15.d, 15.e and 15.f, with the changes as indicated. AYES: Council Member Leja, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member MacNeilage. Agenda Item No. 17 will be taken out of sequence, prior to recess to closed session, for the benefit of the press and audience who may not stay until the meeting is reconvened to regular session. 17. Consideration of Rescheduling or Canceling Regular Meeting of September 9, 1991 Due to City Holiday. There was a brief anticipated there attention prior to City Manager indica however, a special were to come up. discussion concerning whether or not it is will be anything which will need Council the regular meeting of September 23, with the ting at this time there does not appear to be, meeting could be called if an urgent matter Motion by Council Member McLaughlin, second by Council Member Leja, to cancel the regular meeting of September 9, 1991, due to the City holiday. AYES: Council Member Leja, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member MacNeilage. 16. Recess to Closed Session Pursuant to Government Code Section 54957 to Consider Public Employee Personnel Matters. The meeting was recessed to closed session at 8:47 P.M., reconvening to regular session at 9:27 P.M. Let the Record Show Action Taken in Closed Session. Let the record show that direction was given to the Mayor regarding preparation of forms for review during closed session. Date Set for Next Regular Council Meeting Monday , September 23, 1991, 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 9:28 P.M. Respectfully submitted, ?7V177"I'p-W� wo, City Cl&4fk Page 14 BEAUMONT CITY COUNCIL MINUTES OF AUGUST 12, 1991 The Beaumont City Council met in a regular meeting on Monday, August 12, 1991, at 7:05 P.M., in the City Council Chambers, with Mayor Connors presiding. On roll call the following Council Members were present: Leja, MacNeilage, McLaughlin and Mayor Connors. Let the record show 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. 4. Presentation on the Eastside Reservoir by Dennis G. Majors, P.E., Manager, Reservoir Planning, Metropolitan Water District of Southern California. Mr. Dennis G. Majors, representing the Metropolitan Water District, presented information concerning the proposed Eastside Reservoir sites being considered, answering questions from the Council at the conclusion of his presentation. 5. Appoint Two Council Members to Serve On and Select a Committee to Formulate a Proposed Plan of Action for Making the Potrero Reservoir a Reality, and Discussion Relative to Adoption of a Resolution in Support of the Potrero Reservoir. Motion by Council Member McLaughlin, second by Mayor Connors, to appoint Council Member Leja and Council Member MacNeilage to serve on and select a committee to formulate a proposed plan of action for making the Potrero Reservoir a reality; and to prepare a suggested resolution in support of the Potrero Reservoir for consideration by the City Council on August 26, 1991. AYES: Council Member Leja, MacNeilage, McLaughlin and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Parrott. 6. Appoint Two Council Members to Serve on a Ways and Means Committee to Formulate a Proposal Regarding Resource Committees. After a brief discussion relative to the formation of this committee, Council Member Leja and Council Member McLaughlin volunteered to serve. Motion by Council Member MacNeilage, second by Mayor Connors, to appoint Council Member Leja and Council Member McLaughlin to serve Page 1 BEAUMONT CITY COUNCIL MINUTES OF SPECIAL MEETING OF AUGUST 19, 1991 The Beaumont City Council met in a special meeting at 5:05 P.M., in the City Council Chambers, with Mayor Connors presiding. On roll call the following Council Members were present: Leja, MacNeilage, McLaughlin, and Mayor Connors. Let the record show Council Member Parrott was excused. 1. Clerk's Affidavit of Posting. The Clerk's affidavit of posting the agenda was read into the record by the City Clerk. 2. Recess to Closed Session Pursuant to Government Code Section 54956.9(x) to confer with its attorney regarding pending litigation which has been initiated formally, and to which the City is a party. The title of the litigation is Beaumont - Cherry Valley Water District vs City of Beaumont, et al., Case No. 211456, Riverside Superior Court. The meeting was recessed to closed session at 5:07 P.M., reconvening to regular session at 6:27 P.M. Let the record show action taken in Closed Session. Let the record show a report was received and direction given to special water counsel regarding the pending litigation. There being no further business to come before the Council, the meeting was adjourned at 6:28 P.M. Respectfully submitted, City Clerk 7. a Beaumont City Council August 12, 1991 on a Ways and Means Committee to formulate a proposal regarding resource committees. AYES: Council Member Leja, MacNeilage, McLaughlin and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Parrott. Following the motion, it was determined the committee's first report would be submitted to the City Council at their regular meeting on September 23, 1991. Authorize Submittal of Argument in Favor of Measure J, To Continue the Utility User Tax at its Present Rate, to the Registrar of Voters to be Included on the November 5, 1991 Ballot. The City Manager called attention to the fact that an argument in favor of Measure J is required to be submitted to the Registrar of Voter's office no later than August 20, and requested direction From the Council whether or not they wished him to draft an argument for their review. Motion by Council Member Mclaughlin, second by Council Member MacNeilage, to authorize submittal of an argument in favor of Measure J, to continue the Utility User Tax at its present rate, to the Registrar of Voters, and to direct the City Manager to prepare a draft of this argument for review and signature by the City Council. AYES: Council Member Leja, MacNeilage, McLaughlin and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Parrott. Designation of Voting Delegate for League Annual Conference. The City Manager explained the need for designating voting delegates for the League annual conference, with Mayor Connors indicating she would be attending the conference, and normally the Mayor is designated as the voting delegate. She continued that if Council Member Leja plans to attend, she would suggest Mrs. Leja, as Mayor Pro Tem, be designated as the alternate. Motion by Council Member McLaughlin, second by Council Member MacNeilage, to designate Mayor Ann Connors as the voting delegate for the League Annual Conference, with Mayor Pro Tem Leja designated as the voting alternate. AYES: Council Member Leja, MacNeilage, McLaughlin and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Parrott. Initial Report from City Manager Regarding Curbside Sidewalks. The City Manager presented a lengthy report regarding curbside sidewalks, a copy of which is a matter of record in the Clerk's file. This report specifically addressed the costs involved in replacing existing sidewalks in new subdivisions, and installing sidewalks were none exists, as well as removing curb - adjacent sidewalks and replacing with parkway type sidewalks. This report also included a "windshield" inventory of existing sidewalks in the City, with an estimated cost for replacing all curb - adjacent sidewalks in the City with parkway type sidewalks of $8,425,950. Council Member McLaughlin advised that after the subject of sidewalks was raised at the last meeting, he drove around the City Page 2 Beaumont City Council August 12, 1991 looking at the situation. One of the things he noticed is that usually where there are parkway sidewalks, there are very large trees planted, some four, five, six feet in diameter. The roots from these trees have lifted the sidewalk. For this reason he is more in favor of the curb - adjacent sidewalks. Another reason is the lack of maintenance of the parkways by some property owners. He also pointed out there are fences and shrubs which would have to be moved as well, and he felt the City would encounter a lot of angry citizens if it pursued trying to change the sidewalks. He continued that the basic cost is shown as over eight million, and that does not include taking down all these trees, moving fences and shrubs, or anything like that, and someone will have to pay for all this, and he doesn't know if the City can force the property owners to pay the cost. Also, does the City want all the trees taken down. He concluded his comments that he felt more input from the citizens as a whole should be obtained, and perhaps the City will receive some feedback as a result of articles in the newspaper. Council Member MacNeilage called attention to dim Dotson's report in which he states that Country Crossings, Crystal Springs and Meadowlark are three areas that totaled five million dollars just to replace those sidewalks. He stated that he didn't know about Crystal Springs or Meadowlark, but he lives in Country Crossings, and the way the sidewalks are now, when he parks his truck it extends to the edge of the sidewalk. If the sidewalks were moved back a lot of driveways would be taken away. Also, it would change the setbacks on the houses from 20 feet to a minimum of 15 feet, not leaving anyone any place to park in those particular areas. He went on to say he had also looked around, and the only street that he was even able to come up with an answer was Palm Avenue, because of the parkway down the middle of the street, and that was the only place he could find to put a sidewalk in the City. It is a tough issue, but his feeling is perhaps an ordinance should be adopted that would call for more space for the sidewalks, and to get the utilities out of the way of the sidewalks, so that future developments coming before the Council would have this requirement. He said he hoped the newspapers would give a good report on this, and get the people to give the Council some feedback on what they think. Council Member Leja said she thought the Palm Avenue median would be a great place to have a walkway, because it is away from everyone's yard, the dogs aren't going to come out and grab you, etc. She thought perhaps on future development the City could look at something along those lines. The area she was most concerned about at this point is Sixth Street and the commercial areas, because that is your impression when you drive through the town. She did point out that would take a lot of walking and checking with every business in the area to ask what they thought, but she is most concerned about the commercial areas as a target area. The City Manager stated that whenever a business changes hands, the City requires the necessary improvements to be made, but in many cases there is not sufficient right -of -way, and several business people have refused to grant the additional right -of- way unless the City pays for it. If Sixth Street is widened, as was indicated in the five year proposal, the City would be allowed to do some sidewalk work with gas tax funds should the Council desire. With the way things are today, he felt that many of the businesses could not afford to pay for new sidewalks, as it would be very expensive, even if the City did all the engineering. He Page 3 did suggest perhaps this could be done district on a block by block basis. Beaumont City Council August 12, 1991 through an assessment Council Member Leja continued that it did not appear to be that much of a problem of there actually being sidewalks, but rather the appearance, and thought a streetscaping type of effect was what was needed rather than actually replacing all the sidewalks. Council Member Leja then stated she didn't feel much would be accomplished tonight, although they had learned it was going to cost a lot, with Council Member MacNeilage asking if there was going to be another report. The City Manager advised this report did not include the amount of developed property blocks that have a house and no sidewalk, nor has he given them the small acreage in the center part of town to be developed later. Those will take a little more time, but this information can be submitted to them. In addition, this report does not include sidewalks that need to be repaired or replaced, and those actually need to be walked. All of this information can be furnished, and it can be done with no problem if the Council wants it. Council Member Leja said what she is most interested in is what Mr. McLaughlin suggested, which would be finding out what is more favorable to the people who live here, and there will probably be different reactions from different parts of the City. She went on to say it is good they have a basis to work with regarding how much it costs to do things, and now it is just a matter of finding out what the citizens think and want in their area. The majority may not want sidewalks at all. Council Member McLaughlin stated the Council now has a rough idea of the cost, and if the citizens ask, that information can be provided to them, and this will probably have a bearing on the decisions that are made by the citizens. The City Manager wanted the Council to remember he had indicated to them at the last meeting that you cannot use any of the gas tax funds that come to the City for this type of work. When the cost was given to them regarding the higher price of changing the signals at 6th and Beaumont Avenue, it was given to them on the basis that if they went to full left turn lanes on both streets, the street would have to be widened from 6th Street to 7th Street. That gave them an idea of how much of that was sidewalk work, because six foot of sidewalk would have to be cut off of both sides of the street, and in this particular case one traffic signal went from $100,000 to $300,000. It could safely be said that 50% of that difference is sidewalk. Mayor Connors pointed out that if they are looking for a reaction from other communities they will probably find most people move into a community and pick out a house, and what is - is, they don't go tell City Hall that they thought it should be some other way. You probably won't find one where someone came along and asked the City Council to change all the sidewalks in town, so that they could get input that way. So she didn't expect the City would get a lot of input from communities that way. She continued that she was thinking about the traffic signal at 6th and Beaumont Avenue too, because at the time it was discussed they referred to the two options as the $100,000 one and the $300,000 one. She stated further that if you had parkways with grass in them, and side by side you had a nice one, and then you have a weedy one - and it can happen with a yard, that is true, but if it is all up to the curb, you would have that section that was not one way and the other, because both of them would be equally kept up so far as weeds or grass - there wouldn't be any there. Page 4 eaumont City Council August 12, 1991 She went on to say that if you were going to require it for new development, it will probably happen that what is - is, people aren't going to complain about it, but that doesn't necessarily mean that is what they would like. You move in and then a month later you are wondering why you have to have this parkway to take care of - which some people think the City takes care of - and they find out after they move that is not the way it works. Mrs. Connors called attention to a section of sidewalk on Euclid adjacent to the Beaumont Woman's Club, which is in very bad condition due to tree roots, and wanted to know if the City checked situations such as this. The City Manager responded the City normally works on a complaint basis, notifying property owners after a complaint has been received by the City. She then wondered how much people really cared about this issue, if no one has mentioned that sidewalk, and she again didn't think the City would receive very much input. In addressing the use of the sidewalks by someone in a wheelchair, Mr. Bounds indicated that most of them used the street, and appeared to be able to do so without any problem or threat to their safety. He did acknowledge there is a problem where the driveways cause the sidewalks to dip, but again, most seem to use the street. Mayor Connors said it might be harder for drivers to be careful of those people in wheelchairs who are using the streets when the City grows and traffic is much heavier, and they must think of that ahead of time. Additionally, she wondered if the City decided to put sidewalks on Elm, her lot goes down while across the street it goes up. If a sidewalk is installed it would change the grading of the lot, and would have to be surveyed, have to be changed, so that it didn't flood, and she asked if the homeowner would have to pay for it in that case. The City Manager replied as follows, "not if you made them - not if you required the sidewalk to be done that way, no, that is your responsibility. If you make them put a sidewalk in, it would be curb - adjacent, then they would have to put something under one side to hold it up, so you would have a sidewalk that stuck out. A good example of this is where you have talked about masonry walls. Where the people have put masonry walls back of sidewalks, and they have filled the property in. Filled up back to that masonry wall, and so they have a nice flat area, then it drops down two feet or three feet, or something like that. Well, when you go back five feet, you get to go back five feet in the fill and put a new fence up, and it has got to match, so you may put up all the fencing. That is where a lot of the bucks come in ". Mayor Connors continued that even if the City required sidewalks as parkways in new developments, they don't know if that is what people want. They would have to worry about the upkeep of the grass in the parkway. Council Member MacNeilage clarified that what he was saying was not necessarily parkways on this, but to make the sidewalks wide enough for new development to avoid the mailboxes and the dip in the driveways, etc. Council Member McLaughlin agreed that he was in favor of that suggestion, and then stated that the only thing he has against parkway sidewalks is you put a sprinkler system in, and 90% of them, if you are out walking you are either going to get wet or you are going have to walk out in the street, or you are going to have to do something when they are on because it seems like you cannot get sprinklers to just water that small section without overlapping onto the sidewalk, and he is definitely in favor of curb - adjacent sidewalks. Council Member MacNeilage also agreed he was in favor of curb - adjacent sidewalks as they are much cleaner and make the whole street a lot cleaner, but he still thought the sidewalk should be Page 5 Beaumont City Council August 12, 1991 wide enough so that a wheelchair could pass the obstacles without having to go out into the street. The City Manager advised that the reason they are no more than five feet now is that anything more than five feet you can put a car on, and that is what you would have all over town - cars parked on the sidewalks. He also asked them to remember that a driveway approach is a driveway approach and a sidewalk is a sidewalk, and there is a difference in the amount of cement that you put in them, and the reason there are a lot of those spider web cracks, is that cars have been parked on them for years. Council Member Leja suggested that trees could be planted all the way down, with the City Manager pointing out that had not been figured into the cost. The City Manager commented that before they started talking about a wider sidewalk he would rather go look at some and see what was happening to those kind of sidewalks, as they are being damaged very badly in town. He continued that if the newspapers would request that ideas on sidewalks be sent to them, or to the City, that would be a great service to the City - to get something through a survey like that. Mayor Connors said the reason she wanted this discussed in such depth was so that if Mr. Millage came back to the City Manager, he would have a very in -depth discussion with all the thoughts and ideas from the Council Members. The City Manager asked if the Council wanted a further report on things that haven't been done yet, or would they like to see if some information comes in from the survey, and then do something else. It was the consensus of the Council it would be best to see if anything comes in from the survey, so nothing will be required to be on the next agenda. 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 July 22, 1991. b. Approval of Warrants as Audited per Warrant List of August 12, 1991, in the amount of $260,763.83. C. RESOLUTION NO. 1991 -32 - Approving Final Parcel Map No. 26990 and Authorizing Recordation Thereof. (89 -PP -2 Danise). d. RESOLUTION NO. 1991 -33 - Approving the Destruction of Certain Police Department Records, Documents and Papers, Pursuant to Sections 34090 and 34090.6 of the Government Code of the State of California. e. RESOLUTION NO. 1991 -34 - 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. f. RESOLUTION NO. 1991 -35 - Ordering Territory Designated as LAFCO No. 91 -07 -3, City of Beaumont Annexation 90- ANX -1- 45, Annexed to the City of Beaumont. Applicant: Allied Group /Nick Saab. Location: 11867 Beaumont Avenue, (West side of Beaumont Avenue about 500 feet north of its intersection with 14th Street). Page 6 Beaumont City Council August 12, 1991 g. RESOLUTION NO. 1991 -36 - Authorizing an Alternative Plan for Consideration By Those Employees Who Participate in a Deferred Compensation Program. Mayor Connors called attention to a typographical error in Resolution No. 1991 -33, 10.d of the agenda, on Page 1, under "f ", where it states "logs over two years old ", the figure in parentheses indicates twenty years, and should be changed to read (2) years. This correction was noted and will be made. Motion by Council Member MacNeilage, second by Council Member Leja, to adopt the consent calendar with the change made to Item No. 10.d as noted. AYES: Council Member Leja, MacNeilage, McLaughlin and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Parrott. 11. Recess to Closed Session To Consider Public Employee Personnel Matters Pursuant to Government Lode Section 54957. The meeting was recessed to closed session at 8:47 P.M., reconvening to regular session at 9:55 P.M. Let the Record Show Action Taken in Closed Session. r Let the record show no action was taken in closed session. Date Set for Next Regular Council Meeting, Monday, August 26, 1991, 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 9:56 P.M. Respectfully submitted, City Clerk Page 7 BEAUMONT CITY COUNCIL MINUTES OF SPECIAL MEETING OF JULY 27, 1991 The Beaumont City Council met in a special meeting at 10:35 A.M., in the City Council Chambers, with Mayor Connors presiding. On roll call the following Council Members were present: Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. 1. Clerk's Affidavit of Posting. The Clerk's affidavit of posting the agenda was read into the record by the Deputy City Clerk. 2. Presentation of Organizational Chart for City. The City Manager presented the current organizational chart of the City, reviewing and describing each department and their function, then asked if there were any questions from the Council. Council Member Leja: Not so much how positions that we directly appoint, do evaluation process in line right now directly appoint. City Manager: In the six years that I has never evaluated any employee. That i Attorney - never have. it is mapped out, the we have any type of an for the ones that we have been here, Council s the City Manager, City So, that doesn't answer your question. Is there something that we could use that we are not - there is nothing in the books today that says how it is done. Council Member Leja: In our municipal code? City Manager: Yes. That can be done by one of two ways. One could be to change the municipal code, which requires an ordinance, or it could be merely a rule of Council. A very simple rule of Council could do it. It doesn't take a resolution or anything like that. It would become a rule by virtue of the fact that the majority of Council established a pattern - a way of evaluation - or whatever. So it does not really have to be a resolution, although it could be. Or it could be an ordinance and be in the municipal code. Usually those are rules. At the present time staff is working with a consultant that we hired a couple of years ago on a new Employee Handbook, which also will have another handbook - well, first of all, we will have a Supervisor's Handbook to follow that, to show what their responsibilities are in the Employee Handbook. We also are putting out rules and regulations that will be coming to you. Anything like that, since it has to do with the way of governing employees, has to go to the employee bargaining units. And so, we will take it to them before we bring it to you, because if you went through the documents, they are very cumbersome, and you went through major changes, you are technically having to negotiate with the employees. It would be better to let them have their input because your input is going to be final anyway. A lot of work - a lot of hours - have gone into these, and we are getting very close now. Within - I think we will be at the bargaining units before the first of the year, with each one - well, obviously, they don't have anything to say about the Page 1 Beaumont City Council July 27, 1991 Supervisor's Handbook, because that is just a way to do things for them. Council Member MacNeilage: Under Mitch White, we have three sergeants and a corporal and two police officers for each one. The way this is designed the police officers that they are in charge of are depending on the shift that they are working, or? City Manager: Yes. The schedule changes from time to time due to various reasons. It could be schooling that is causing us to make some drastic changes or whatever. It could be someone desiring to get some college credit and maybe asking for a change that causes more than one person change. Technically, the way that we operate, we operate 12 hour shifts, and, for example, here - well, let me go one step further. We are operating one less sergeant at the present time due to the fact that Mitch White is the interim chief, and is a sergeant. And he is a sergeant until he is made full chief, or another chief is hired, then he would go back and take his sergeant shift. Therefore, we brought up David Stang, a corporal, to take that spot in the interim. So what you have, for instance, on day shift, you have John Acosta and David Van Buren are the two day shift sergeants, and in the case of this particular way that we operate, John Acosta comes to work at 6:00 Sunday morning, and either leaves Tuesday night at 6:00 or Wednesday night at 6:00. What they have is they have three days one week and four days the next week to get their eighty hours in when they work 12 hour shifts. Following right behind that, and following in an exact line, David Stang follows John Acosta, when John Acosta comes in at 6:00 on Sunday morning, David Stang comes in at 6:00 on Sunday night. Kurt Jackson follows David Van Buren. The officers get to know their sergeant quite well, unless we are having sicknesses or things like that, that cause disruption, but the police department operates very well under this type of system, and I can tell you if you took a vote of the officers today, it probably would be a very small minority that would ever want to change from twelve hour shifts. They are hard, but it is a good shift to have. Council Member MacNeilage: City Manager: Yes, oh yes. Council Member MacNeilage: Then we also have reserves. How many reserves do we have. City Manager: I don't know how many we have today. It varies anywhere from five to twelve. Council Member MacNeilage: Are there any ROP students also on the . . . City Manager: No. Council Member MacNeilage: We don't have anything set up there for . . . City Manager: This school district doesn't have an ROP program for that. We did have a cadet program where they did traffic monitoring and riding with officers, and things like that, but that has now gone by the wayside. Also within the police department you see Tony Augustyn, a corporal, who is in charge of the detectives, and he is also in charge of the Community Service Officer, who is in charge of the locker where all of the evidence is kept, and the chain of evidence for that. In the case of Corporal Howlett, he is in charge of the narcotics unit, and has one other officer working with him, and if we have any raids or whatever that they are going to make that are what you call high Page 2 3. Beaumont City Council July 27, 1991 risk, we have a team of officers that are called in. They are trained to come in and do high risk where weapons are expected to be, explosives are expected to be, or whatever. So those two men don't always work alone. They work with some patrol officers, they work with a special team, and so forth. Diane Haeggstrom is the D.A.R.E. officer, and I think it is seventeen weeks a year that she is in the schools teaching, basically, the sixth grades, and even with the year round program, we have developed a system with the school district where each sixth grader in that system will get their full number of hours, and then when she is not in the schools she is a patrol officer. And then in the left hand column, at the bottom, you have animal control, but then the rest of them are dispatchers. A big department. Mayor Connors: Are there any other questions on the chart. Council Member Parrott: I have no questions on that, but how about the neighborhood watch. Are we going to get that started again. City Manager: We hope that we have enough officers to do that this year. Council Member Parrott: I think it is very much needed. City Manager: It is very much needed. If we had had the officers we would have had it last year, but we have had a shortage of officers. And especially this happened because we had two who were on workers' comp, and, obviously, when you are paying full salary, you can't go in and hire people to take their place. You don't know whether they are going to retire or whether they are going to come back on staff and you have to give them their jobs back anyway. So it really creates a problem. Council Member MacNeilage: What about the reserves. City Manager: The reserves can work - in the place of an officer - if they are a Class I reserve. And in Class I reserves I think we have six. Don't pin me to the exact. If you are not a Class I you can only ride with, serve subpoenas, do all those things that do not require you to make an arrest. Council Member MacNeilage: In other words they are not POST certified. City Manager: Class I means they are POST certified, can carry a weapon, can make an arrest. And our reserve units have been doing a great job for us, but still we must be careful about trying to assign people into situations where - neighborhood watch is usually done in the evening, and, so, with a shortage of officers, we have had that problem. As I said, we hope to start that back up this year again. Mayor Connors: Other questions. Okay. Thank you. Presentation of Residential Projects Approved or in the Pipeline, and Industrial and Commercial Zoned Land. Mr. Stephen Koules, Director of Community Development: My item is to present the residential and commercial growth of the City, and to discuss some of the idea. We had this graphic prepared by the City Engineer. It may be a bit faint, and if that is the case, I will use the old hand -drawn one that I did a couple of years ago, which maybe makes the point equally well. In any event, what you see in blue are the projects that have been approved for entitlement. Most of the projects, of course, Page 3 Beaumont City Council July 27, 1991 are broken down into the large specific plans, but you also have the small tentative tract maps that we have been processing. You have, of course, the Deutsch piece here, you have Hovchild project, the Potrero Creek Estates, which was subsequently purchased by Metropolitan Water District. You have Three Rings Ranch here, and KSE immediately adjacent to the north of Three Rings Ranch. The most recent project is the Rolling Hills project which you see here. What we have in the pipeline - the first item that we have in the pipeline - the most imminent one, would be the Noble Creek project, which is 434 acres, which is shown here. As a matter of fact a representative is in the audience today. They have filed a revised Notice of Preparation that we are processing now and hope to come to hearing in the next couple of months with that item. The large project here is the Willow Springs project, that is 1600 -1700 acres. That has been filed a while ago, but there has been some problems, and Mr. Bounds and I have had recent conversations with the applicant that indicates they may revise this proposal and come in with the northerly portion of this project for processing. The small projects scattered throughout, and shown by red, are small subdivisions. We have, of course, the DevCorp maps, we have the Aware project over here on the north side of Cougar. We have the Shelton 37 acres parcel here. These two or three items will be heard at the Planning Commission on August 20, along with a park concept plan that we have labeled the North City Concept Plan which we will make available within the next couple weeks. Of the subdivision projects you might be most familiar with is the WDS project, which is a 201 lot project under construction, as you know. I think there are 75 or 100 homes built. And then you have a smattering of smaller subdivisons. For example, the Copeley subdivision nestled against Three Rings Ranch. In order of the processing, as many of you know, of course, that one of the first projects to come into the City were the Hovchild project, Potrero Creek - they were followed sequentially by Three Rings Ranch, KSE, then we had the Deutsch come in, and then lastly Rolling Hills. What we have on the pipeline, as I mentioned earlier, right now there is the Noble Creek project, possibly a portion of Willow Springs. We have had negotiations with Lockheed Corporation. They have indicated an interest to bring their 9,000 acres into the City. They are also negotiating with an adjacent property owner for some 1200 acres, so we may, hopefully, have a project of about 10,200 acres in size to be processed, hopefully, the remainder of this calendar year. Now, in terms of the commercial and industrial zoned designations for the City, I might indicate that in the Hovchild project we show, if I remember correctly, some eight to five acres of commercial. The Deutsch, some fifteen acres of commercial. None in the Potrero Creek project. A couple of acres in the Rolling Hills. So, there hasn't been much proposal for commercial zoned land within the larger projects. What we have processed recently, in terms of commercial and industrial, is the Ehrlich piece down on the north side of Fifth, and we have the mini - warehouse next to the Rusty Lantern. They have started grading, and will be pulling building permits for the mini - warehouses - or some of the mini - warehouses. Traditionally, as you all know, the commercial follows the residential development. Right now there is a very limited trade area in Beaumont, so I would identify that as the reason we are Page 4 Beaumont City Council July 27, 1991 not having a commercial flow of projects. I think it is self evident that once the sticks start growing in the ground in terms of the subdivisions, and the business people identify the needs for commercial needs, then we will have a flood, hopefully, on the commercial land that we have in the City. The commercial land that we have in the City is shown here as yellow. You will note on Sixth Street, with a sliver along Beaumont Avenue, and then a span from 10th to 14th where there is residential and then we have the Alpha Beta and the project immediately to the west that is presently zoned commercial. We have - I did this kind of hand drawn, because I think it stands out a little bit more - this is a much nicer map, obviously, but you all know the commercial land along Sixth Street, and along Beaumont Avenue. My personal feeling is that, again, when the residential development starts, there will be a rush on the commercial land, and, hopefully, the market forces into downtown to do that over. We haven't had much call for large chunks of commercial land outside the present City limits, but when we spoke to the Willow Springs project, they were, at first, comtemplating some 88 acres of commercial on the south side of Sixty. I think their perception now is there may not be a marketing need future for that, especially in light of Moreno Valley putting a big auto mall about ten or twelve miles away from the City. The industrial zoned land, I think is strategically located. I think we are fortunate the way the land plan lays out for Beaumont. As you know we have about 400 acres on the south side of the freeway and the railroad, and much of that is vacant. Personally I think it is good industrial land, and we certainly have been trying to invite any industrial user to the City as best we could when we have been approached. That is basically the overview of the way the projects lay on top of the existing land designations of the City. We have, of course, the park plan which you are familiar with . . . . . . . That is basically my presentation. I will be happy to answer any questions. Mayor Connors: Anyone. Council Member McLaughlin: I think maybe Steve you ought to point out where the wastewater plant is located. Mr. Koules: Yes. The wastewater and sewer treatment plant is located here. The City acquired some 120 + or - acres around that. We zoned that industrial at that time as a pre - annexation requirement to LAFCO. So this is the existing one million daily capacity plant, and the proposed additional expansion will be on surrounding city -owned property. Council Member Leja: Understanding that you have to have the housing here in a lot of cases before you get the industry here, considering what we have already approved, and what is in the pipeline, are there particular areas that we should be placing, so that we have a balanced community, toward industrial development, commercial development, maybe planning now for the future for the infrastructure to be in place so that we can actively recruit instead of having a time lapse between the people coming here and the industrial and commercial. Mr. Koules: Well, I think - yes - I think that the fact that we have the residential growth - it is not fictitious, it is on paper, the developers have put up money to acquire the land and develop, so I think it is a foregone conclusion that commercial development will follow. I want to split that question to commercial and industrial. So I think it would benefit the City Page 5 Beaumont City Council July 27, 1991 to start thinking in terms of architectural standards along Sixth Street and Beaumont Avenue, and the question is - what do you want the City to look like, you know, a few years from now. Beaumont Avenue is very different, commercial -wise, than Sixth Street. They are small lots. Most of the lots are I would said fifty or sixty by 140. You get what I call, for want of a better term, cottage industry, for Mom and Pop stores. You might want to think of some architectural or street scene landscaping treatment along that street. I think on Sixth Street, you have some larger lots, obviously the swap meet property, across from the swap meet is another ten acre piece where you will have some fair size commercial users. I think that citizens, City Council, Planning Commission ought to start thinking in terms of an architectural requirement. Because the first development on a block sort of sets the tone. That is what, obviously, Sun Lakes did for the Pass area. They came up with a good project that has made our job a lot easier because we can point to that and say well that is the quality we want. As a matter of fact, that was my conversation with Mr. Lodder, who is in the audience now, on his property Hovchild. And Mr. Lodder said, we are going to do better than Sun Lakes. So that is the type of attitude - that was three years ago. So that is the type of attitude we are looking for, and I think we can transpose that to commercial development as well. In terms of the industrial development, that doesn't necessarily tie as closely to my perception as the commercial does. Because an industrial user, as long as there is some housing stock for his employees along with commuting distance of adjacent cities, they will come in. But I presume they are looking for some incentives besides the relatively low cost of rent in the - I am not in the real estate business, but I would think that industrial is favorably priced here. Especially with the railroad nearby. Maybe it is a matter of exposure, selling, it may be worth joining with the Chamber of Commerce to try to promote businesses. I think we have a good City, I think we have a great shot at doing some fine things, and I think, again, that we are fortunate that the land use designation - what landowners are allowed to do - are laid out this way, with the industrial here, the commercial here and the residential. We are going to have very high quality, large projects, and the task is to tie it together with the older section of the City, and before I go off the subject, I think the City Council showed a lot of insight years ago when they changed the high density residential zoning in the inner City, and kept what I say is the heart and soul of the City. You have nice tree -lined streets, and those areas will be gentrefied by younger people corning in and buying the older houses as single family homes. Council Member Leja: So what we are looking at is almost a streetscaping type of thing. . . Mr. Koules: I think streetscaping is very important - most planners do, most architects, and most City Administrators - that is what people like - they like aesthetics. And people, of course, don't just buy a home, they buy a community, they buy into a City, and the 1990s are very different than the 1960s. People want - they want nice settings - they want an attractive street and attractive community. Council Member Leja: I know one of things that the League was emphasizing last year was pedestrian oriented - the cottage industries - for transportation purposes and everything else - that communities should start looking more toward pedestrian oriented businesses and communities. Page 6 Beaumont City Council July 27, 1991 Mr. Koules: Yeah, I think Beaumont Avenue qualifies for that, and I am sure the merchants along there would be happy to have some kind of a situation that invites walking. You know, maybe a City owned parking lot somewhere where people would park in and start walking along the shops. But that is your - -- Mayor Connors: This is an informally run meeting, and we are not chairing it as formally as we usually do, and I want the Planning Commissioners to realize that anytime they would like to ask a question, or make a comment, they are welcome to, as well as the Council. Chairman Ring: That one project, isn't that going up above Brookside. Mr. Koules: The Noble Creek project. Yes, the City - presently the City sphere line is westerly extension of Cougar, so this project would come past Cougar to Brookside, then past Brookside. There is about 100 acres of the 434 acres north of Brookside Avenue. Chairman Ring: Is that out of Beaumont's Sphere of Influence. Mr. Koules: That is presently out of Beaumont's sphere of influence. Council Member MacNeilage: Is the very northern portion of that property, is that Cherry Valley Boulevard. Mr. Koules: I believe it comes up to Cherry Valley Boulevard. City Manager: Northerly is ... on both sides of Beaumont Avenue. Council Member Leja: Have you gotten any indication where the developments such as Deutsch and some of the others are - what their hearing dates are, or any idea of what their LAFCO hearings . . . Mr. Koules: Mr. Bounds may better address where Deutsch is at LAFCO, I don't have that information. City Manager: Deutsch has not completed their application to LAFCO. The City has done everything it can now, and is waiting for documents - one is the financial document that has to be put in. I am going to be working with them this next week, because one of the things we have to watch is not to let the timing run, because then we would have to go back and do everything we have done over. They are well aware of that, and they have started moving now. But once we turn it in, we are told six months. But all we have to do is get ours in to stop the clock running on the City's side. Council Member Leja: What about the other projects that . . . City Manager: KSE is in, but, I was there Thursday and asked them if they had it calendared, and they said no. KSE and the City annexation. I think that is the only two we have over there right now, Steve, isn't it. Mr. Koules: Yes, KSE is pending and then Deutsch. City Manager: And then the City property down on 4th. We don't have any that are calendared though. Council Member MacNeilage: On the other map that we have over there, you show Oak Valley, but not on . . . Mr. Koules: Well, okay. This is an old map that is courtesy of John Stewart that he provided to us, that is why his property is shown in dark red. Okay. Oak Valley we didn't show here Page 7 Beaumont City Council July 27, 1991 because, and maybe Mr. Bounds has more updated information than I do, but there has been no movement on Oak Valley. Their stated intention was to bring their 2200 acres south of the easement into the City of Beaumont. They have had their problems, and you are familiar with them. I haven't heard from them in quite a while. Maybe Mr. Bounds can update that. Council Member MacNeilage: I have a question on Oak Valley. We have a beautiful golf course that is sitting over there the public is still not able to use. Do we have any idea when the club house will be built to where the public can use the golf course. City Manager: Landmark, at the present time, as most people maybe know, has a purchase agreement out in the regulatory agency of the federal government. It has to be approved due to the fact that Landmark held most of its property in Oak Valley through Oak Tree Savings and Loan in Louisiana. Oak Tree Savings and Loan was told to divest itself of some of its company owned property, and so Landmark had to look at all they had in the United States and determine what was sellable and wasn't and so forth. I have heard recently, well I have heard some comments from time to time that Landmark is broke and has filed bankruptcy. If it is I would sure like for someone to give me a number and I will look it up for you. I can find no bankruptcy number, and can find a lot of millions of dollars somebody is going to make there. Plus the fact that the offer that the Dihatsu Company has made to Landmark, through the federal government, is that 10% of the property would remain in the hands - or that they would be 10% owners, Landmark - because they desire to hire the management team that Landmark has in place for the property. The - some seven though - whatever - according to the last purchase that was made, and I don't know when that was, the Oak Valley property is a well divested property as far as uses. The property from east of I -10 to Noble Creek - from 14th Street to Brookside - is called a business park, even though it has a golf course in it. So all of the use of that property is designed for use of businesses. I can give you an example - when I was in northern California, people were trying to move out of San Francisco, and I can remember one big ranch in the area of the east bay where, for instance, the standard credit card operation moved from San Francisco, because they were o big they were going to have to buy another block and teare buildings, and that is quite costly in that type of a City. And they moved down and built, probably, roughly, an eight story building that has a parking garage in an area four times the size of the building. Because it is wall -to -wall computer operations. Things like that are what you find in a business park. Very quiet, a lot of people working in a lot of cases. Some cases not very many people working - but certainly where you get the jobs is from those large operations where you are almost elbow -to- elbow. That is the type of thing you are looking at. That, certainly, is on hold because no one can buy when you don't have a seller to buy from. They have - they brought a gentlemen from one of the oil companies out of Ontario, who is recognized as one of the young men in his group in his abilities. One of the leaders. And they are still are paying him until they figure out who owns that - who is going to own it - and his job would be to fill that business park. Plus, they also have a real estate company that they own in New Orleans that has been showing that property for about the last two years. Its a big property and has to have a lot of infrastructure, it needs a sewer plant probably. It could be built with a septic tank. It would take the County to approve it at the present time because it is not annexed. And, obviously, they can't build a building under their present condition. Now, the last time I talked to Andy Vossler was about two weeks Page 8 ,,eaumont City Council July 27, 1991 ago, and his indication was that the regulatory agency are saying the last of August, the first of September. They have been saying something like that since February if I am not mistaken. So I really can't tell you any more. They put in a requisition of funds to start their EIR and the regulatory agency wouldn't allow them to draw those funds. So they would be started right now and doing an EIR, or updating the EIR for municipal purposes if they were allowed to do it. But, still, who is going to own it, I don't know. Council Member Leja: What is already in the pipeline - what has been approved? Are there any other big vacant pieces of land that there is nothing happening with, or just sitting there. Mr. Koules: Well we have the Lorna Linda ownership, which is on the south side of railroad here. That is about 400 plus or minus acres. Lewis Homes had expressed an interest. I don't know what is happening there, but that is a substantial, important chunk of ground, which will develop at its own point in time. I can't, offhand, think of any projects - large - Lockheed, of course, is a very significant piece of ground. In terms of square miles, it is larger than the present City itself. Council Member Leja: The Loma Linda property, is that zoned half for residential . . . Mr. Koules: Well, it is a designated specific plan, so the City has a lot of latitude. We can work with them to have a business park, but they came in - the Loma Linda people came in about two and a half or three years ago and talked to Bob and myself, talked about a business park, trying to get some water orientation, you know, some nice projects - but that didn't materialize, subsequently we have met with other prospective developers, but nothing has panned out, but it is a great piece of ground, and we have the latitude with the specific plan technique to negotiate some good land uses. Commissioner Prouty: Mr. Koules. How far along is the sewer plant in its progress, I mean, we are looking at . . . Mr. Koules: Maybe Mr. Bounds would want to address that question. City Manager: We are calling March, 1993 to have it on line. Meaning that anyone, at that point, could connect up that is in the system - paid their dues so to speak. And the reason we say that is because mains to those properties will be put in according to who puts up the money to have the mains run. At the present time we are in the final throes of getting down to getting an actual discussion with each one on what they want as far as allocation - do they want half of the units allocated to be bonded now, and the other half in the second phase, and things like that. That is going to be taking place within the next sixty days - we will complete that process. We are hoping for having bonds sold by the end of the year. I don't know, with the market that we have got right now, it is not really that bad, it is little bit high, but we could also get a little downturn. And the idea of bonds being sold by the City, they are tax free bonds, and therefore, they are sold at a lower interest rate. Council Member Leja: What made us decide to go for tax free bonds - switch to that instead of the Mello -Roos. What made the change between Mello -Roos to tax free bonds. City Manager: To not use up the - well, Mello -Roos is tax free also. Council Member Leja: Yeah, but, we have definitely taken the shift away . . . Page 9 Beaumont City Council July 27, 1991 City Manager: We are talking about an assessment district, and that is to protect the amount of Mello -Roos so that we can get the biggest bang for the buck. So, basically, we will be using two tools to finance and get the lowest interest for it, which can be passed on then, obviously, to the buyer. Council Member Leja: So pretty much what we are saying in the wastewater treatment plant - all this is contingent on the wastewater treatment plant being finished. City Manager: Everything. Council Member Leja: Industrial and commercial development. Unidentified speaker: Could you speak into the microphone. Council Member Leja: Sorry about that. Am I even hooked up. There are a lot of wires back here. Do you want me to start over. Okay. Basically what I am - everything that is on the board right now is contingent upon the wastewater treatment plant being finished, and that includes industrial development and everything. City Manager: We could handle some commercial today, and a little bit of industrial, unless they were a very high wastewater user. Council Member Leja: How much commercial could we handle. City Manager: Well, you have to look at the commercial. It is according to what they need. Every commercial is different. One has one rest room and one has fifty. So you have to really compute out what they need. You have others, for instance, service stations, you have grease bays, and those are very rough to deal with. So you really have to deal with each individual commercial. Council Member Leja: So we are looking at the capacity that our present system has. City Manager: Right. Council Member Leja: How much capacity does that system have. City Manager: I don't know it today, very little though. Very little when you figure in it in terms of what we call equivalent dwelling units. But, as I say, for instance, if you looked at - if we were connecting up Builder's Emporium today - Builder's Emporium probably is equivalent to a half house. Doesn't have a use for wastewater treatment. At the orange juice squeezer down on B and Veile, is huge. They use a lot of wastewater treatment. Council Member Leja: So, there could be some industrial development that we could seek out that we could City Manager: Put on today. Council Member Leja: Yeah. (I cannot determine who the next speaker is, but believe it may be Commissioner Prouty): But the plant is maxed out the last time we were told. City Manager: It is not maxed out, it has a few left, but it is so few that we have had to stop the houses. We could pick up all the capacity today with single family homes, but that wasn't the way the Council wanted to go two weeks ago. They thought they needed to keep some for job producing uses. Council Member MacNeilage: What is the capacity of the new one going to be. Page 10 City Manager: Three million, dwelling units is 10,000. Council Member MacNeilage: completed in March. Beaumont City Council July 27, 1991 first phase. The equivalent Then the first phase will be City Manager: Yes. The second phase will be completed, according to when we start it, and it will be started according to need, and you are not going to get rid of that first three million overnight - 10,000 dwelling units. If we operate at 2,000 a year we will be high. Staff does not intend to put it in a position where we would ever have to hold back like we are holding back now. It would be ready before it was needed. Mayor Connors: Do you have any other questions of Mr. Koules so that he can sit down. Mr. Koules: If I may just add - Councilwoman Leja's question - there was another project that I inadvertently left out. The Heartland piece, about 350 acres. It is on the north side of 60 at the westerly limits of the City. That is a vacant piece of ground. You may have seen signs up there with residential units, commercial, but there is no entitlement on the property. They have been told by Mr. Bounds and myself two and a half years ago that they would have to file a specific plan. The only thing they can put on that property now is one single family home. So no matter what signs you see, they have to come in and do a specific plan and a full EIR. That is the other project. Council Member MacNeilage: Is that the property where the motorcycles are raced out there. Mr. Koules: Yes, they do. They do get on the property and the people - representatives of the ownership called me, as if I could do anything about the motorcycles. City Manager: Actually, there is one other piece. The square - larger square right to the right of Heartland - no to the left - to the left - right there. That is the John C. Heers property. They have owned that for some 12 to 14 years. Has no entitlement today whatsoever. They would have to do a specific plan and so forth. It is in the City limits. Council Member MacNeilage: How big of a piece of property is that. City Manager: 132? Mr. Koules: Yes, I think it is about 100 plus acres. And then you have the Mao property of 91, but they have to come in for a specific plan. What they sometimes try to get is get a density factor over the phone. It can't be done. They have to come in and file a specific plan, let's see what the ground reading looks like and try to negotiate something. City Manager: We also have two other projects that aren't shown. The one is just now starting to be in the talking stage out on First. I have a discussion with them next week. Lockheed also owns property which is the large square on Jack Rabbit to the right - back to the left. Right there. No. Right to the right. Right there. They own - Mr. Koules: 500. City Manager: No, they own more than that, but they are looking at bringing in, I think, its a 160. And one of the things that I was talking with one of the people one time - the Mission Viejo Land Company has bought 540 acres just west of Jack Rabbit. And the properties with Heartland just touch by point, and that is not the greatest thing to go to LAFCO with, although it can be done with corridors and things like that. So I just asked Page 11 Beaumont City Council July 27, 1991 Lockheed would they consider the possibility of letting us have thirty acres that we could annex that could be used by them for whatever reason. They - the vice - president that I was talking to came back and he said what if we give me more, and I said, tell me about it. Within three days I had it back and said we would like to look at this front piece, and I think it is 120 or 160, something like that. He said will that serve your purpose - and yes it does. So those are two pieces that could help him put in an interchange across 60 at Jack Rabbit, which will be needed eventually. But those are a little bit longer term. Council Member Leja: How much longer term. City Manager: They indicate they are coming in next week to talk to me about getting started, so - and I am meeting with Mission Viejo next week, and one of the things that they are starting to see is that if you want any sewer in the first phase, now is the time to get your dollars out to pay for them - the City is not going to pay for them. So all of a sudden they started getting a little more active. So I would imagine that we will start doing some processing on their EIRs and so forth probably before the first of the year. But it would be some time before any movement will be made as far as LAFCO. If I could, Mayor Connors, one of the things that I just wanted to try to show what has been happening. In the past say two years, roughly, commercial and industrial people that come to my office, realizing that Steve gets people in his office too. For some reason they were sent to my office, and have made appointments with me - usually average about two a month. In May mine picked up to four during that month. Two weeks ago I had four in in one week. Now, what I am talking about, I am not talking about a realtor who comes in and says I think I can find somebody to use the property. What I am talking about are people who come in who are looking at putting property in escrow or whatever. And I can tell you that two weeks ago one gentleman came in with one of his planners, and he said I have just put two pieces of property in escrow at the corner of 14th and Beaumont Avenue, and I first thought before he went ahead, he had put in the west side because you have got two vacant parcels. Well that wasn't true. He had put in escrow the Alpha Beta Shopping Center and the property just to the west of Beaumont Avenue across from it, which is also a commercial site. Those are the type people that we are talking to that we count, and no reflection on any name, but Coldwell Banker does a lot of commercial work, and they have people in the pipeline, and they will call you on the telephone - what have you got. Well, I tell them you come out here and look. You can't talk about this over the telephone. Well, most of them you don't see. They were just - if you had something hot - they would - -- these are actually people who are talking about spending money. And that shows, I think, the fact that we are getting closer to that time for the sewer treatment plant. We are starting to see the - some of the people that have to rent to big names - the commercial type people - are realizing that they are getting into the bargaining position where it is time to start -- and obviously when that happens, you either you get somebody that has got a lot of money to sit on, or you have got somebody that, you know, is a younger person that doesn't sit on money - they have to spend money to get some return. Those are the ones that are very easy to work with because they are ready to start talking now. Council Member MacNeilage: How do we get - how do we get these people instead of just inquiring, to actually getting involved in putting this in. What is going to start it going. What is really going to get these people interested in our city. City Manager: I think there are two things that could happen fairly quickly. One, we could start providing either elected or staff people to be at certain places where these people gather, Page 12 Beaumont City Council July 27, 1991 for whatever kind of meeting they are in. And you get into the pipeline where you go make contact with them. Two years ago Lyle Millage, of the Chamber, and I went to Las Vegas to a shopping center show. You don't even have to trip them. They came for the purpose of talking. This is the type places where you have got people that are not interested in selling MacDonalds to each other. They are interested in finding land and the people - - -- so it was a very receptive audience, and we have gotten a lot of contacts from that one trip. Those are the types of things that we can start getting in the pipeline. Start going to. Secondly, and I know Council Member Leja and I have been talking recently, about getting some advertising started that can be sent, that can be provided -- strange, we were talking about your Coldwell Bankers, and some of the bigger commercial people, you talk about brochures, and you go take them by the larger offices, and they will start then calling you when they need some more. They like to have something to give to the people. So those are the type things too - you are letting someone else then use that brochure to talk to the person until you can get him out here. Mr. Koules: If I may add to that - developers come in to see us, for example, a couple of weeks ago MacDonalds came and we went out to the site to see the MacDonald representatives. I think if you - they buy on expectation and of course if you promote the expectation, and that is what we try to do with the brochure that Bob hands out, and the statistical tables, saying don't look at the scene the way it is now, look at the way it is going to be, both in numbers, and now we have to think in terms of quality as well as numbers. But I think if you sell them on that, that image and that expectation. . . Council Member Leja: I know -- the representatives - the government relations, representatives in their real estate, Vice - President from In- and -Out Burger came and met with us at the first of the year, and told us that they based their purchases, and they purchase the land, solely on projections, not what is already there, but on projections, and they were very interested, but it seems to me, like Mr. MacNeilage said, we need to go that step further. Sure, we are getting all the nibbles, but we have to have something in place, and maybe that is something that we should be discussing in Item No. 5. City Manager: One thing along that line, Council Member Parrott brought me an item and an address one day for a eating establishment. We immediately sent off a letter. We don't care what state they are in, so far as their corporate headquarters, to see if we could get a dialogue going. And many of them you don't get an answer, but what did it cost - 290 and a piece of letterhead paper and an envelope. That is not very expensive as far as a try is concerned. But anytime that anyone just happens to run across any corporate headquarters of an establishment that you would like to see, we would be glad to put out a letter immediately to them. Council Member Leja: Between number five and number three we have got to do - you know - we have really got to have a full, in -depth process - you know, a process that we follow that is more in detail. Council Member MacNeilage: To sell the City. Council Member Leja: Exactly. So I will be ready to talk about that under Item No. 5. Mayor Connors: Are we ready to go to Item No. 4. Discussion of financial tools available to the cities. Will you be doing this one Mr. Bounds. Page 13 Beaumont City Council July 27, 1991 4. Discussion of Financial Tools Available to Cities. City Manager: Basically, as far as infrastructure, those things that cities need - streets, sewer, water, city hall, police stations, fire stations - prior to 1978, when Prop 13 was put on the ballot, and the people of the State of California overwhelmingly approved that proposition, General Obligation bonds were the way that cities really built themselves. For instance, one of the things that has slowed down the building the wastewater treatment plant today, we can't put out - or we don't dare try - to do a general obligation bond, and I will explain why in just a second - for that wastewater treatment plant, therefore, we have got to get landowners and developers to put up their properties as collateral to allow us to sell bonds, and agree those bonds back. To be able to build that plant. In the old days, we went out and built a plant with bonds. We paid the bonds off with what is called sewer connection fees. We would have the plant ready to do, and then you would come in, take out a building permit, and pay your fee. It won't happen anymore. The reason - any general obligation bond today in the State of California requires a two- thirds majority - what I tend to call minority rule - when you stop and think about it, if 66% of the people wanted it, they don't get it, because minority ruled in that case. There is not, that I am aware of, a general obligation bond in the State of California since 1978. So you can see that all those people that have a lot of money, can do anything they want to, they are not doing it either, so small cities don't even try. The public just automatically would turn them down. So today we have special assessment district bonds, which is what we are proposing for the building of the wastewater treatment plant. That entails the landowner - and it has to be the owner, not someone that is in option - the landowner signs to allow his property to be used as collateral, and that collateral is placed up so that the City can then sell tax - exempt bonds, that means that the bond holder does not pay income tax on the interest that he makes, therefore, that is the reason that the interest rate is lower on a tax -free bond. And that bond, then, is put out, it could be ten, fifteen or twenty years, and the property owners, along with their property tax, have the assessment placed on their property tax bill, and they can pay it, as you may pay now, December 10 and April 10, or they can pay each year both payments at one time. The problems with the bond is that if the - some of the landowners let the bonds go, then we go into a special situation where we have to start a foreclosure on the property, and in the normal case, where you may be aware, that if you don't pay your taxes, after you go through the loopholes, you can have about seven years, and then an extra year to redeem it, before you have to do anything. You just sit there and owe the County and the City and fire districts, or whoever, that money for that time. You do it a little differently though with an assessment district bond. It is not the City's money. The bondholder has the money. They are the ones who have the right to it, not the City. We are merely the collecting agency, therefore, we are required, and you have seen it a couple of times on the small district that we have in town today, where we have to file to get them to pay, and if you want to call it using the threat of condemnation, it is not exactly that, it actually starts the process. But then, once the bondholder sees that they don't push you to get it paid any quicker. The special assessment district bonds which was used from 14th Street to Brookside, and has served to put a sewer line - sewer main to the north there that covers properties such as Shelton, Aware, Country Crossing, that sewer line that goes up through there was put in with an assessment district, and at the time they assessed themselves, some of them assessed themselves for Page 14 Beaumont City Council July 27, 1991 the sewer connection fee, and that is being paid in the bond. Those who have bought houses in the area do not have a bond on their house, there is no assessment against your house today, because we require that to be paid off in closing the house. So, the only property that still has an assessment district is the Shelton property, Aware property, and a portion that Devcorp still owns, and the corner piece at Brookside and Beaumont Avenue, on the south of Brookside and east of Beaumont Avenue. That is the only bond issue that we have even got in the City today. Secondary, and another large way in raising money, is through a Mello -Roos Improvement District. Mello and Roos were one assemblyman and one senator who tried to arrive at something to allow cities to continue to grow, realizing that general obligation bonds could no longer be used. So that is an outcropping of Prop 13. Land, again, is put up for collateral, and when we talk about voter approval, like in general obligation bonds, 2/3 majority. I failed to say that in special assessment districts, it is not an actual vote, its a petition where the landowner says I petition to get my property in, and then some people can be squeezed in by the City if they so desire. Again, the land has covered well over two- thirds of any action like that. Mello -Roos is actually an election taken. You say, go ahead and put me in. All the documents are prepared and one day there is an election, and a landowner indicates - the Deutsch Company - whoever is authorized to vote for them, and we even have to know that, comes in or gets an absentee ballot, and in that case votes 1100 acres, or 500 acres, or whatever they want, into a Mello - Roos District. What can you do with it. Well, you can provide infrastructure. We could have provided the wastewater treatment plant. But the cost of that and water lines, and things like that, you are going to put it up where it is going to be difficult to use anything from that. And one of the things we have been talking about is schools being part of that bonding program. And Mr. Rossi is here this morning, and we will be looking at how we can best be involved with the school district. There is another bond - or not bond, but a system, which is called a Mello -Roos Services District. In a case like that, many cities have gone on the basis that in the first year, or two years, whatever they estimate, the - a new developer may come in and be grading property and doing all sorts of things, and desire to have some police protection, and can, and needs fire protection, that the drain on the City prior to getting any taxes of any size, that there should be an assessment charge for services. Usually, what I have seen so far have just mainly been in the form of police and fire services. Something that we have to go out and hire people, or buy equipment, to be able to spread any further than we have the ability to spread it at this time. Those are short -term, like I said, one year or two year, usually, maximum. We have several districts that are allowed under, strangely enough, the streets and highways code. There is one called a landscape and lighting district, and that is for a service. You can pay for the upkeep of median strips, entrances to subdivisions, and so forth, providing if there is an election taken, and the people agree to that. In many cases, what happens is the developer puts that on prior to people buying the houses, and is the total owner, and he says put this on and set an election for me so I can vote. There is a lighting district of which we have a lighting district in the City today. Unusual - hard to explain to people in the fact that you don't see it on your tax bill. It comes out of a portion of what is called the one percent tax. And so that Page 15 Beaumont City Council July 27, 1991 just comes off of the top. And every streetlight in this City, the current that is going to it is paid for by that district, so we don't have a separate fee that we have to pay out for using that money when it comes in to pay those current fees, as well as the current that goes into stop signs. But, again, this is a strange district in that nobody sees a bill for it. That is just the way it is. You have special taxes. Special taxes are the realm where you put them to a specific use. Probably some of the biggest ones that were used in the last ten years were paramedics. Cities found that they would like to have paramedics on the street, couldn't afford it, so they determined if they could get a special tax put on. There has been some movement now to take some of that out of the special tax - but I will give you a reason why that doesn't work exactly. That is the only thing that is provided for this vote of the people - it is different than the two - thirds majority. It requires a simple majority to approve that. General tax, meaning if the Council decides to put a tax on it would be used for - could be used for such things as police, fire, streets or any municipal purpose. Due to the fear of what Proposition 62 said, this has put the cities in this year into a strange situation. Where there was a general tax considered, the Constitution says that there shall be no referendum - that the taxing body has the right to tax. Proposition 62 was put on the ballot, and there is some now legal problems with it that says it has to go to a vote of the people. Again, it would be a simple majority. The Utility User Tax that the Council has recently adopted, effective July 1, is going on the ballot in November due to the fact that it raises close to a quarter of a million dollars, and with the straits that the City is in, and most other cities and counties are in, it is needed desperately this year. Mitigation fees are not a tax, but they are a tax when somebody has to pay them. A law was passed, AB 1600, that says that when you are putting on developers fees - there must be a determination that those fees will be used for the proper purpose, and not just to put in a boot over here some day, and somebody forget, and then start drawing the money out for some other use. So what you do, if you are looking at - in the future - a City Hall building, a fire building, or whatever, you come up with the ways that you can show that it will cost the building, or buy the land, and that it be fair to the lotting procedure that is used in the City today. Example. Fire mitigation is probably the biggest one used by anybody. The County uses a situation where you build a fire station and furnish it, and equip it with one pumper. Well that cost is estimated at a million to 1.1 million in today's prices, so at the present time they figure approximately 2400 homes, at $466 a house, or 300 a square foot for commercial, as a fire mitigation fee. And every building permit has that fee charged against it in the County today. That is one of the ways to raise money. Police can be the very same way. You have to determine what buildings will be needed, what vehicles will be needed, what equipment will be needed, and the average is running about $400 a house today. Transportation mitigation. That is where you would possibly have bridges, four lane streets, high cost items of that nature. Say if you need a four lane street, and the property that is being built on both sides of it are not putting that kind of traffic on it, the City might agree to pay for two lanes of the street through a mitigation fee, and the other two lanes would be required by the developer himself. In the case of the area that Mr. Ware is in, where we have Cougar Way, Palm Avenue, both are going to have some kind of a bridge, there is a channel through there, this could be done through a Page 16 Beaumont City Council July 27, 1991 mitigation fee, but it would mean that no buildings would be built until the fee is up high enough where we could take it out of this fund and pay for that. So it is the chicken and the egg. Do you want to build houses first or what. Traffic signals have been at the rate of $150.00 per house. And it appears that the work that we have done so far, with the number of houses being built, the number of traffic signals to be put in in the future, it is going to be about $250.00 a house. There could be other things - drainage, such as Marshall Creek, such as Noble Creek, all of these things could be done through fees, and those we will be bringing to the Council probably within the next 45 to 60 days to consider what you are going to do with mitigation fees. In the case of those that are building now, we have established a fee that you have approved individually, and we are just doing it by the acre at the present time - lower than these costs. Then you have regular fees that have to be watched by AB 1600 also, and that is fees you charge for building permits, and that is supposed to pay for the building plan check, building inspection, things along that line. Planning fees - that is to operate a Planning Department, so you have a lot of fees established there. Grants are something that in the 50s, 60s and early 70s were extremely good. With the situation today, it is going to be interesting to see what the Feds do. The catalog was about that thick the last time I saw it. They haven't been sending it out lately, and it is interesting, boy, you go through it and you are really happy with it until you look at one place, and it says not funded. So it is a non - funded book. I would venture to say that three - fourths of the last book I read were not funded. But you have got to put them out because they look good, and all the Congressmen are sending these out to their constituents, and nobody looks at them, but this is something we constantly want to stay aware of. Office traffic safety is one we can get from time to time. We have reused those here in the City. So there is some fed, some state, usually a one time item, and then there are private foundations that are starting to get harder to get now because of all the dropoffs of the feds and state having to do with grants. I am sure I have missed some. There is such a myriad of funding available, and there is a lot that is not used by cities for their own purpose of being very highly political - any questions that you have - oh, excuse me. I walked over one. Redevelopment is the tool that is most readily available, and has from time to time been attached by the newspapers, as it should when it is illegally used, or improperly used, as has been some - apparently in this county and some cities, and so forth. The purpose of redevelopment came from an old redevelopment law that the federal government had, and that is where you would file for some money, and they would send you the money - it is kind of an interesting approach, it didn't last very long because there was so much corruption in it that it really got bad. They had council members having their property bought from them, and then buying it back at a lower cost, and it just really was very poorly done. But a lot of cities in the 50s and 60s used that to the advantage of really doing a job in old towns, as we call it. The old town commercial area, or whatever, where they really needed to do some work. Where they really needed to take buildings out. The outcropping of that was State law was provided, even today in the State of California, where, due to blight and there is a lot of discussion and arguments over this - and the law specifically Page 17 Beaumont City Council July 27, 1991 says what blight is, but we still have a tendency to want to argue, even though the law is very specific on what it is -- but you have a blighted area, the Council can form itself as a redevelopment agency, or it can appoint people and give them the power to become a redevelopment agency, and this redevelopment agency - then, at that point you have the right to develop an area plan. So what you usually do, once you become the agency - and it is done by ordinance - is you first have to appoint a project area committee to work with staff and usually one or two consultants, who prepare a plan for a particular area that is selected by the project area committee, with the help of the Council, and when I say your planned area, I mean actually has the streets named in which it will be surrounded by. Example: You may take Sixth Street from the state -owned property of the street to Beaumont Avenue, and you may say the number of feet that takes in one block away, that is an example. That would be targeted for the project area committee to come up with a plan to redevelop that area. Looking at the buildings, looking at the infrastructure, looking at all those things. We come out with a plan for the cost, and that is where you need some consulting work done, of how much should be raised in this project. It also will come out with a time - it shall be ten year, twenty year, thirty year, whatever, plan. Now the key to redevelopment is where does the money come from. It is no more money than anybody else would ever pay. What happens is on a key date all property tax are frozen at that price. If it is a house, if it is a commercial building, if it is a vacant lot. That is a frozen base, and all of the agencies that are getting money from the property tax today continue to get money on the frozen base, so it never does down for them, and it never goes up, until the project is over. The excess money then comes from whenever a property is sold, it is reappraised by the County, it is put on at a different price, you can raise taxes over that. It is o.k. with Prop 13 to do that. Or - every property goes up 2% every year automatically, according to Prop 13. So you take the 2% a year increase, and all other involvement, and a new building is put on as a reappraise, and those are the monies that the redevelopment agency has at its disposal. It can, through tax anticipation, put out letters - certificates of credit. You can borrow money against that in taxes coming in. It can bond to be paid by taxes coming in. It has several ways to raise money in that way. And then, four times a year, there is a check that is received from the tax collector for that portion that is now to become its property. The first year is the lowest year, so each year it has to go up 2% - it has got to go up. And so the first few years, if you don't have too much money, but you can borrow toward the tax anticipation, and they have got all sorts of formulas, so that you don't get hurt as far as borrowing too much and things like that. Mayor Connors: I think - before we go any further - we should discuss where we are going with this meeting, because we are now on Item 4, and we are an hour and a half into the meeting, and we are at noon. Items 8 and 9, if they were not important would not have gotten on to this agenda. And I am wondering if we shouldn't decide whether we want to finish this discussion and go on to 8 and 9, or whether we want to set a time limit on the meeting, or what the input is on this - on the situation, because it is obvious that were we to spend as much time on the rest of the agenda as we have so far, we will be here all day. Council Member Leja: Are you saying that we leave out 5 and 6. Mayor Connors: No, I am saying go to 8 and 9, and then, if we have - do we have a time limit - or do we want to go to a certain discussion, or what, in order to make sure that 8 and 9 get discussed, and do we have a time limit we would like to set on the meeting, or what. Council Member Leja: Eight and nine are closed. Page 18 Mayor Connors: Eight is not closed. Beaumont City Council July 27, 1991 Nine is closed. Council Member Leja: Nine is closed. Nine I feel - sometime, surely, we will need to break for lunch for the people in the audience, if anything, and we have food here. Maybe nine, we should just work through our lunch, during the closed session, have our lunch during the closed session. Mayor Connors: Then you are saying leave the meeting time open. Did you want to say something, Mr. Burch. Anyone else have a feeling on this. Council Member Leja: That was just a suggestion. Mayor Connors: If we were going to simply go through the entire thing no matter how long it takes, then we would not have to put the closed session during the lunch break because we would be just staying here until we are done. Council Member McLaughlin: I have a sneaking suspicion that since we discussed as much as we have on these other items, there will be less discussion coming in on the latter part of this agenda, so probably it won't be that long discussing these other items. Mayor Connors: Well, if we are expecting thorough discussion on each item, and we have just brought up the subject of redevelopment, and I'm expecting that to last another half hour or longer by itself, I don't know how long the discussion might be, in lieu of the March 9 meeting. Council Member McLaughlin: Well it seems like to me some of those items have been covered several times, so it shouldn't be that much. Mayor Connors: Okay, then you want to continue the discussion from here for as long as it takes. Council Member MacNeilage: Excuse me, my feeling is, if we continue on it - the agenda as it is and keep in mind the time for what we are discussing. Mayor Connors: Well, that is a difficult thing to do because the purpose is to get together in a special meeting to thoroughly discuss these things, so we hate to cut off discussion. We can adjourn the meeting to another date, and continue it, so far as that goes - to another Saturday morning, or - I mean, if I try to cut off discussion at any given point, that will not work, because someone that wants to say something, or bring something up, is going to want to do that. Council Member Leja: I am prepared to be here for as long as it takes. Mayor Connors: Is there anyone with a problem with that. Okay, what time do you want to have this lunch break. Brief discussion among the Council concluded they would eat while continuing the meeting, since they have food available. The meeting was recessed at 12:02 p.m., reconvening at 12:22 p.m. Mayor Connors: We had just finished the explanation of financial tools available to the City, and we are ready for questions or discussion of those. Council Member McLaughlin: I don't know - I was just thinking about you should mention on our grant funds. I think grant funds are getting less and less, so it is making it rougher and rougher to do some of the many projects that cities are able to do. City Manager: Grants are almost gone. And they are going to Page 19 Beaumont City Council July 27, 1991 become, I think, whatever money is put up, as a tool, political tool, almost like the old cracker barrel, U. S. Legislature. I think they are going to become very, very difficult to get due to regulations that are put on. Certainly, we are going to continue watching for them. Mayor Connors: Okay. Is there anything else. Council Member MacNeilage: I would just like to stress the point once again, I think that we need a redevelopment agency in the City of Beaumont. Mayor Connors: The subject of redevelopment has come up several times now in the last two or three years, and we are basically still at the point where redevelopment comes up. And I don't know exactly what we will have to do in order to get this thing discussed in a serious way. It seems as though, I can't remember when it was, at one point the City Manager was asked to try to provide us - and it is a complicated thing to do - with the changes that have been made in the redevelopment law in the last few years since the election that was held here on redevelopment. But that entails a lot of changes. How did that project go. City Manager: It was going along pretty good, but that was two or more years ago, which are two or more years of changes. I am really going to have to start it over again, because I would have to go back and look at everything that has been done. Council Member Leja: During the break a couple of the people in the audience in the back told me that they can't hear us. Council Member McLaughlin: They also asked if they could put their hands up and talk. Would that be permissible in this informal meeting. Mayor Connors: I suppose that it would. I don't know that that was our original intent. We were having sort of a study session thing here, but when we are presenting information, it is possible that someone in the audience might have a question about that information. Did someone have a question about something that we did have on here. Is that why that question came up. Council Member Leja: Maybe when you were mentioning how do we get to the process of just not bringing it up at every study session or when we do at council meetings - I mean - what are we going to do around here. That is one reason, and not wanting to skip through the agenda, but that is one reason I suggested formation of resource committees. Maybe an area like that would fall underneath one of those once we get to that point of the agenda. Mayor Connors: Okay. All right. Is there any other discussion then on Item 4. Questions, or. . . Council Member MacNeilage: To get back to redevelopment, it is going to get quiet again. Mayor Connors: I felt like what we were saying was that we would bring that up again on Item six. That was the way I understood it. Were you approaching it from a different angle than that. Council Member MacNeilage: Okay. it again. Council Member Leja: I think fo your mind - but, we need to show things that are priorities for redevelopment agency is a way to City. Well. I was just approaching us to seriously - I can't read maybe we need to discuss some the City, and maybe forming a achieve those priorities for the Page 20 5. Beaumont City Council July 27, 1991 Mayor Connors: I think at our last priority meeting here, we did have that. . . Council Member MacNeilage: That was one of the priorities. . . Mayor Connors: Under - two or three of the Council Members - Council Member Parrott encouraged revitalization and rehab of the downtown area. Council Member Leja, redevelopment. Council Member MacNeilage, beautification and community involvement, and, I think, that, as a summary, redevelopment came out number one here - one of the top five priority issues. So we already have it as a priority. And that was three or four months ago now. So we actually have to do something specific if we are ever going to do it. Instead of just bringing it up all the time. Council Member Leja: Any suggestions. Council Member MacNeilage: Maybe if we brought it up at a Council Meeting. Mayor Connors: Discussion of redevelopment. Council Member MacNeilage: Yes. And that way we would be eliminating a lengthy issue today. Mayor Connors: Well, then, I would suggest that someone with a strong interest in redevelopment ask to have that placed on the agenda. Council Member Leja: Want to flip a coin. Does this mean we are on number five. Mayor Connors: If there is no more discussion or questions on Item No. 4. Okay. Item 5. Review Priority Issues Discussed at the March 9, 1991 Council Meeting and Adding Any New Priorities. Mayor Connors: Okay we will review this. Not everyone in the audience has one, so we will review it. The study session of March 9, each Council Member was asked what their priority issues were. What they were the most interested in seeing done in the City. Council Member Parrott, Leja, MacNeilage and myself all stated things that would fall under the jurisdiction of redevelopment, which made redevelopment the top priority issue. The second priority issue was encouraging community input and involvement, which is a very tricky one if the community does not get involved. Three was the community image, which also falls under redevelopment, and furthering the drug war. And that is where we left off on priorities. And I think Council Member MacNeilage is really eager to start this discussion. Council Member Leja: MacNeilage or Leja. Mayor Connors: Leja. I meant Leja. Council Member Leja: He can start first. Council Member MacNeilage: I redevelopment because I think we' - because I think it will end future, and we will all be able Planning Commission would have don't know, but if anyone. am ve up to que going to skip right over -- if you can believe that - on the agenda in the near discuss it. But maybe the ;stions on redevelopment, I Chairman Ring: How do you start it. What is the story. Council Member MacNeilage: I guess to start with we need to put Page 21 Beaumont City Council July 27, 1991 it on the agenda. Mayor Connors: I think probably if we were to give each of the Planning Commission Members a copy of these minutes from the City Council meeting of April 8, Item 9, which is a presentation of the pros and cons of redevelopment. It covers how you start it and so forth. That would probably be very helpful to them. And then they might be in a better position if they wanted to attend the meeting at which this is discussed, they would kind of have the background to it. Otherwise, we will be getting into another long discussion on it, and I think we should provide each of them with a copy of this and that would help. Is that okay with you as a way to do it. Council Member MacNeilage: The other item that was on the priority issues, which was encouraging community input and involvement, we got some answers to that at that time, but I am going to put Mayor Connors on the spot like she did me at the last council meeting, and ask her what has happened with the drug war, how much progress has been made on it since the last priority meeting, and what else can be done. Mayor Connors: Council Member MacNeilage is referring to his bungie jump. I do have some drug war t- shirts at home. You may have realized, or read lately, that the Pass Area Drug Abuse Council has disbanded. And the reason for that was that the community had begun to take up the slack and start working on the drug war. In the past few months any progress that has been made has been made from things that have been put into practice previous to that. The schools now have in place programs for each grade level from kindergarten through 12th grade, which was not the case originally. And we also have the D.A.R.E. officers not only in Beaumont, but in Banning. And as far as we ourselves, we are funding the D.A.R.E. officer, and, of course, we realize that we are having financial difficulties all over the state right now, and that will probably be about as much as we can handle at this time. And, of course, we also have our narcotics unit in our police department. But all of the progress that has been made since March would have been made in those areas that are already in place. Council Member MacNeilage: The D.A.R.E. program. This is - the way this is set up, it is only for certain grades, K -6 or something like this. Mayor Connors: The D.A.R.E. program is taught to 6th graders. The school district has other programs in place at other age levels according to what age level they are and are able to understand and comprehend and be able to work with them at. The D.A.R.E. program is 6th graders, and the reason for that is because the junior high level is the highest risk level for beginning drug use. And the D.A.R.E. program teaches not only what drugs are and what they do to you, but it teaches positive reinforcement and the ability to say no, not just telling them to do that, but building up their own self image and making them able to do that. Council Member MacNeilage: The - I understand that not long ago that some of the high school and junior high kids were expressing an interest in getting a drug program in those areas that we don't have, and I am wondering if there is something that we can do to get a drug program in the junior high and high school - or if this . . . City Manager: There is a drug program in the high school. Mayor Connors: You may be referring to what you read about some of the students wanting to extend the D.A.R.E. program into the Page 22 Beaumont City Council July 27, 1991 next grade, but that is not how the D.A.R.E. program works, and these were students and others who did not understand that particular thing. The school district does have drug programs all the way through. Council Member Leja: So, basically what we are doing now is just the drug war, we are only targeting youth in the drug war. Mayor Connors: Yes. Council Member Leja: Okay. Mayor Connors: Well, no. We would have to count the Narcotics Unit. Council Member Leja: Yes. But as far as our educational process, we are targeting predominately youth in preventive measures. Mayor Connors: The drug council was furnishing and updating a resource list for help for drug users. And that will no longer be the case if anyone is interested in that aspect of that. Some way through the City providing that information. And that was for everyone of any age. Council Member Leja: Okay. Because I am aware there is a school - the day counsel, through the school district, which is drug, alcohol, tobacco education. And, basically, when you look at drugs, that is the result of something. And the result of students at risk. And students at risk can be identified at the pre -K level. And just not for drugs too, risk can mean teen pregnancy, runaway, suicide, drugs, gangs, etc. etc. And I would certainly like to see the City target a youth services program, as well as maybe having more participation in finding out what we, as a City Council, can do of furthering their complete program, which involves all of the different elements that students are at risk with. Mayor Connors: I had been discussing with Terry Rohrer, who is the person at the school district that is working on the drug problem, to tie it all together, and I told him that when the Palm Springs session ended that the school district went to, to get in touch with me, and we could see what kind of cooperation we could have between the City and the school district. He has not called back as of this date, but I be would happy to call him if that is what you would desire to have done. I really would like to see them change the name of that to students that are more at risk, because everyone is at risk. All the kids are at risk, and sometimes we are really surprised at what kids end up on drugs, and there doesn't seem to be a reason for it. And there is, of course, but we don't want to lull people into a sense of false security with their kids either. Council Member Leja: I assume this is spontaneous. Probably, one of the areas that the City can look at, drugs, then you look at the cause and what we can do in preventive measures as well, would be to set up some type of a committee that focuses in on youth services, which the drug war would fall under. Since there is such a tremendous need just in youth. In so many different areas besides drugs. Maybe we should look at a committee that addresses . . . Council Member MacNeilage: A resource committee. Council Member Leja: Yes. That addresses youth services. You know, even down to educating them in civic involvement. A speaker or bureau program between the City and the school district. There are a lot of programs that the League uses, and that they have available the information to us. It is just a matter of focusing in on a particular area, and I think from what Page 23 Beaumont City Council July 27, 1991 Mayor Connors said, it is a big challenge, and it is a big job, and maybe this needs special attention, such as direction toward providing more youth services. Even down to including in that setting up day care review for day care facilities. The type of codes that we want to cover it since that is becoming a reality. I foresee a lot of things under that one heading that need to be addressed. Mayor Connors: Are you talking about something that works with youth about the way the senior center is set up. Council Member Leja: Well I am not saying we set up a special department. I think, first of all, we have to find out what is out there. Find out what is available. Find out what is affordable, and work from there. Mayor Connors: And you are suggesting a committee to go find out. Council Member Leja: Yes. Mayor Connors: Mr. MacNeilage, you wanted to say something. Council Member MacNeilage: There was - I just wanted to bring this up just because I saw a need for it in our City also. The Coachella Valley has a program set up, and I guess it is just for informational purposes, where they have gone through and spruced up their schools, so to speak. And done a lot of remodeling, and things of this nature, and they did this with - they had some facts they had followed that showed that when kids were brought into these schools that were cleaned up and remodeled and things of this nature, that their grades went up proportionally. I think this is something also that we could possibly look into. But I don't know where the funding would come from, or things of this nature. Maybe this is the school board's problem, or something that can be brought to them. I don't know, but anything like this could help the children have a better attitude towards their school and their community. Mayor Connors: Well, as far as funding is concerned, I think the public needs to realize that we are just now at our budget process, and so anything that we decided that we would like to do, we would have to enact, probably in the next year, the next budget session, because we don't have the information yet to discuss it for this budget. But if we don't start at some point, we never get it. But I think the public should realize that it might not be an overnight occurrence. Council Member Leja: It sounds like what Mr. MacNeilage is also addressing is the facts of the need of not understanding if it is the school's job or not to do this. I think one of the obligations that we have as a governmental agency in a community is to assist in providing quality education for the people in the area. And, to me, that is a priority. I think it is just - I mean, true, you have a school district and everything else, but I think it also should be a priority for us as well. And maybe one of the ways that we could help is to hold joint meetings with the school district, and develop an agenda of mutual concern. Mayor Connors: I think that the first step that we have to take is to hold a joint meeting with the school district in order to further discuss this once we have a consensus here. Council Member MacNeilage: With the resource committee, or with. . . Mayor Connors: With the school district. Page 24 Beaumont City Council July 27, 1991 Council Member MacNeilage: No, I mean the resource committee to meet with the school district or the Council. Mayor Connors: No, with us to meet with the school district because the school district would probably like some input into that resource committee. Mr. McLaughlin. Council Member McLaughlin: It seems to me like that we keep - what we keep hollering on here is the children, which is very true, and we don't seem to have anything that takes care of the parent to realize maybe what is taking place, and why is the parent, and so forth. Maybe there is a reason. We have a lot of people that are separated. One family trying to raise the whole family, all the kids, and they just can't be on top of all this, and nobody has said a word about maybe we should start some place along here and get the parents involved in this issue. It is all - the school takes care of the kids, and we take care of this - but nobody takes care of this parent that maybe should have some education along this line to be of a greater assistance to their children. To me, we sort of start here - and I think we should start up here more towards the top where the child is going to be living. Mayor Connors: Well one of the reasons that is happening is the same problem getting community involvement. And there are basically two kinds of parents when it comes to kids on drugs. There are poor parents, not financially, but poor parents that aren't doing a good job, and then there are good parents who can't believe it is happening. And so it is hard to get those parents involved, and we need to try to find someway to do that. The school district may have some suggestions on that also. Council Member Leja: As part of this, Ann, I wish someone from the school district were here right now, but as far as the day committee goes, that is one of the levels of this program. Is developing a parenting to work directly into the communities with the parents, in whatever capacity, and getting more community involvement, and an education process for the parents. Like you were saying, the need is there because a lot of times that is where the students become at risk is at the parental level. Mayor Connors: The school district has even provided a means for the parents to try to determine in the privacy of their own homes whether their children are children at risk, by sending home a questionnaire and a video that will help them to maybe see the problem, and help them to understand that it can happen to their kids, so they are working in that direction. And, probably, where we need to go next with the drug problem is in a joint meeting with the school district. Is there any other comment on . . . Council Member Leja: Also, there is something else that we could look at along that line as well, which also deals down to the community level with aids and preventative measures for seniors, and that type of thing. The League of Cities has a program called California Healthy Cities project that I am very interested in finding out more information about that. I think that should be a priority since we have such a diversity of age groups here - but very strongly in the senior aspect. And maybe even sitting down and meeting with the hospital board too, because that is something where we have to help in some way, at least provide a cooperative environment for there to be good health care provided, and preventive care provided as well. And that gets down to the - I mean there could be some collaboration with the hospital along the drug education, as well as other areas. Mayor Connors: Okay. Is there any other comment. Is there any comment about the other priorities on the priority list from March. Is it a consensus of the Council they would like to see Page 25 Beaumont City Council July 27, 1991 a joint meeting with the school district. Council Member Leja: Yes. Council Member McLaughlin: It couldn't hurt. Mayor Connors: All right. City Manager: Did you want that - request it to be - to basically discuss the drug education, or do you want it to be more broadly established. Council Member MacNeilage: I think more broadly. Council Member McLaughlin: It will probably grow broadly. Mayor Connors: But you have to agendize it . . . City Manager: We have to both put out agendas, and we are only going to talk about those things that are on the agenda. Mayor Connors: How about - can't we say discussion of issues, the city and the school have in common. Council Member Leja: How about develop an agenda of mutual concern. We have to develop an agenda of mutual concern before we sit down and discuss the agenda. Because what they might think is important, we might not think is important, and we need to have a good working relationship before we get into the big ticket items. Mayor Connors: Well, that leaves Mr. Bounds with the same problem, because he wants to know what mutual concerns, what you want on it yourselves on this side of it. City Manager: Why don't we do something like this. Each one of you - take until next Wednesday or Thursday or something - and drop down notes, and I will try to come up with an agenda back out to you - and if you agree, write yes - and if you don't, put no, and other things - and then I can go to the school district and ask. Unless you know what we are going to put down right now. This will give you, I think, more time to think about it, because there may be something one of you are not thinking about that you would really like the next time we meet to talk about. And from that, if I can take a proposed agenda, then, to John Wood, and tell him what the Council has in mind. Mayor Connors: This will take shorter time, but some time, because the school board will also want to hold a meeting. City Manager: One of the things we could do is indicate - it is kind of hard for the Mayor to send a letter to the Board Chairman, just to say we would like to meet with you, and we will talk about it later. I think if we go ahead and put together a proposed agenda that you can buy into, then, certainly, they would then have input as to what they want - then . Council Member MacNeilage: They would have time to prepare also. City Manager: Yes. Does that sound reasonable. Council Member Parrott: Sounds good to me. Mayor Connors: Do you have suggestions for a cut -off date then for submitting what you would like on this agenda to Mr. Bounds. And please make it a cut -off date that you are going to stick to, so that he has what he needs. At this point a suggestion is made that it be Friday, at 5:00. The speaker cannot be identified. Page 26 Beaumont City Council July 27, 1991 Mayor Connors: Friday, 5:00. Okay, is there anything else on the priority issues list that you want to discuss at this point. Did you want to add any priorities. Council Member Leja: Well I think it is worth addressing - community input and involvement. That is very important, and finding a way to get that is tough too. We have quite a few more people here today then we did at the last meeting that we had. And, probably - there is such a tremendous need - if we want to accomplish with redevelopment, and we want to - you know - if we want to do everything in the correct pattern and correct way, we have to have community involvement, and that means, you know, do we break it down to a smaller level first, and then branch out, and go in to get more community involvement or what. Council Member MacNeilage: My feeling is that redevelopment is going to bring them out. Mayor Connors: Not necessarily. If you do something they don't like, you will get community involvement. They aren't necessarily opposed to redevelopment. We don't know that yet. And if you do something that they do like, usually you don't hear from them. So, what other way there is to get community involvement besides making everybody mad I have no idea. That is the most sure fire method. Council Member Leja: That's true. One of the ways, possibly, that we could look at more community involvement is greater cooperation or communication, let's say, between other agencies, such as the Chamber of Commerce, or the Pass Water Agency, or neighboring cities, or the Kiwanis Club, or the Rotary Club, basically, marketing ourselves that we want that input from you. And, you know, that is going to take a philosophy that we say, this is what we are committed to, and we really want to get that involvement from the community. And, that, I think, would be the best step to start in. Would be to go to the organizations who are already in place and start at that level, and then you will see a filtering down of word of mouth out to the communities as well. Council Member McLaughlin: Well we could put out a news items in the papers that we would appreciate them bringing their answers or their letters back to the city hall as to some of their thoughts. Council Member MacNeilage: Maybe even the formation of the resource committee would help in this matter also. The resource committee could use their strings to get people involved that way also, for different committees. Mayor Connors: One of the problems in getting people involved is if you tell them exactly what you are looking for, and exactly what you want them to do, it is easier to find someone, then if you just say we would like to have you come and get involved. Because they go, well, fine. Council Member MacNeilage: Maybe by the formation of a resource committee those people can outline exactly that, and come up with a general idea for the public upon where their help is needed. Mayor Connors: The public is one of our resources, and so that could be one of their functions, is to find people interested in various areas, and to help out. Okay, is there anything else specific to the priorities, or do we want to go on and discuss the resource. Council Member Leja: Well, one other area I would like to discuss is economic development, and we have touched on this some, and I will try not to back space. But, I would like to see the City take a philosophy having an environment that is Page 27 Beaumont City Council July 27, 1991 conducive to expansion of present business in the area. Attraction of new business into the area, and retention of the businesses that we already have here as well. I think that is something that we should give top priority in, and, basically, it is going to take in a lot of work too, working with different agencies that are out there trying to get as much information from them as possible, as well as making our City attractive to businesses. As well as from the city hall level as well. Mayor Connors: You would like to see that added as one of our priority issues, I would assume, especially since it also falls in with redevelopment quite nicely. Council Member Leja: Well economic development we have to have whether we have redevelopment or not, and . . . Mayor Connors: Right, I realize that, but redevelopment is helpful to it, is where I am at. Council Member Leja: It falls down below - as a way to get to your objective, but economic development - I mean, for me, my philosophy of the community is that we have to provide a balanced community, which means affordable housing, work and play, or recreation for the area. And I think that is a philosophy I would like to see the City progress more in, in having more of a balanced community. Mayor Connors: It seems like since we have redevelopment as our top priority issue, that the Council may want to realign those issues in order to put economic development as its first priority, and redevelopment being supportive of it rather than ahead of it. City Manager: One of the things you are looking at, if economic development is your top priority, one of the ways to fund it is redevelopment. Mayor Connors: Yes. So it seems as though it should be number one and redevelopment number two, because they go together, but you have to have the one for sure. Do any of the Council Members object to that line of thinking. No. Okay. Then I guess that is acceptable. City Manager: Number one. Mayor Connors: Do I hear a third. Council Member Leja: If I have to emphasize - I don't want to take up anybody else's time, but - and I am trying to explain, whether you are no growth or pro growth, you have to have a healthy economic base to work from, because developer fees stop, and you have got to have economic development to keep generating those tax dollars to maintain the quality of life and improve the quality of life. So to me that is one of the more primary things that we need to be looking at. City Manager: Number one. Council Member Leja: Number one. Mayor Connors: Number one I think. No objections, it is number one. City Manager: All of them drop one place in order. Mayor Connors: Is the rest of the list in the proper order for you. Council Member MacNeilage: I don't see why we need to put this Page 28 Beaumont City Council July 27, 1991 actually in order of priority, but priorities as we see them, these are things we would like to achieve, but maybe not in any such order. Mayor Connors: It was because it was a priority meeting, and we wanted to know, if we are spreading ourselves out among many things, we need to know what is our most important priority, keep those things in mind in the order they are in. Council Member MacNeilage: Okay, I will go with it. Mayor Connors: Okay, are we ready for item number six, discussion of formation of resource committees. Council Member Leja: One other thing I wanted to bring up real quick. Another - we have already stated this too, and this has to fall in as well as a very important aspect of our City government, is the formation of our wastewater treatment plant. You know, I think that anything that can be done to expedite that process is going to help us in the long run. But we have to make sure that we have a - and I am sure Mr. Bounds has this worked out - is a complete project plan taking in all those little - you see, I am not aware - we are looking at March of 93 as our target date, but are there any little things that are going to be able to creep in there and set us back. City Manager: Sure, there always is. Mayor Connors: There always are. City Manager: Thirty six million dollars plus, yes. The bond market is one thing. Council Member Leja: You know I kind of like to know since there is so much dependent on that one facility that we are addressing, I mean, risk - risk management I guess is what you would call it. I don't have a business degree, but risk management in a sense that we are looking at all those things that can filter in and cause the delays, and dealing with them now, so if things were to arise then we have already addressed them, and we don't have - o.k., now we have got to deal with this problem. Do we have a risk management plan as part of our wastewater treatment plant. City Manager: Well, I am not means in that realm. Whenever it was, we immediately work problems back when the State tertiary. That was one proble get that taken care of, and we sure exactly what risk management we come across a problem, whatever that problem. We started with agency said you are going to go ;m. Big money problem. We had to did it quickly. When we had to make the decision to go compost, it wasn't something we planned on, but we had to take care of that as it came by. When we realized that it would be difficult to sell bonds, and we talked to some bond house who said if you try to sell sewer bonds, with all the things that have been said about the water in the area, you had better get your water in line before you come out. So we now are in the process of corning out with a new EIR, which we had to do, showing water. And that is coming on to be out for public comment, I think, the first of September. I don't have the dates in front of me, but I am sure that is what it is. We slowed down the General Plan, fortunately, and got that all in as well. And that will be coming out. As far as knowing anything that can creep up and come in, that is why I have meetings with the consultants, and say o.k., pounding each other, as well as me pounding them, having to do with anything that can foul us up. So if there is anything that is going to cost us more time and money we can get to it right then. But there is no plan, that if we follow these steps, there will Page 29 Beaumont City Council July 27, 1991 be no problem. With this kind of a job it just doesn't work that way. Council Member Leja: I guess what I am saying, with all the consultants that we have working for us, and I know every time we have to approve more money, it kind of, oh, no what. I guess, when you go to SBA to get a loan to start a business, they want you to factor in that you have thought through the process of saying there is a possibility that this can happen, and how can you correct - or can we correct it now so that it doesn't happen. And that is what I see, also, as a need for our consultants to be able to do, is to come in and, say, you know with a full laid out project plan, and say, you have the risk of this happening here, you have the risk of this happening here, and you have the risk of this happening here, and you have the risk of this happening here. These are some ways that you can deal with it. And that is what I am talking about risk management. It is eliminating our risk before it occurs - before the problems occur. And I would certainly be in favor of seeing something like that available to us to show that the process has been thought all the way through, so that in December a problem arises, that, well, yeah, we knew this could possibly happen, but we weren't counting on it. Meanwhile we have to put everything back so that we can deal with the problem. Not saying that just because we do a risk analysis, that it is not going to happen, but it seems like preventive is always better than the reactive measure, and it saves in time, as well as money too. But since the wastewater treatment plant is such a priority, and I noticed in Mr. McLaughlin's priorities he thought the completion of the wastewater treatment and the water department was of top priority, and I think that to keep on line with the March 93 time line, I mean, that is something that our consultants should be looking at as well as keeping us informed. City Manager: Well they get sounded on that every time we meet, because I don't like to hear that we have a problem. But, to think that we can - I mean there are books and books written on what you are talking about, to try to keep us all in line in so many words, but you are dealing with a very difficult situation. We are dealing with a lawsuit now that we don't think is going to stop anybody. Council Member McLaughlin: Dealing with Sacramento a little bit too. City Manager: It is not just Sacramento. The Regional boards and people like that. And they pass down issues even though we have got our permit. They can make changes on that without - oh, usually, they want $5,000 before they make the change, but . Council Member Leja: Yeah, but those are unexpected factors that are put into this. What I am talking about, the consultants we have hired have done this type of thing before, and so, surely, they know of the things that can creep in and occur. Instead of, you know, so that we can go ahead and deal with more than one area of the wastewater treatment plant one time. I am not sure - I don't know what all is happening now. You know, I would be interested - I don't want to know the technical part of it, because that is what we hire them for, but, you know, to keep my spirits up on the thing, I would like to know more of what is going on in the way of the planning process of the whole thing, and how we are in the time line, and if we have filtered in the possible fall out of anything negative occurring. It is just an observation, and it is simply a suggestion at this point. I don't know how the other Council Members feel about it, but it is important to this community, and these are things that strongly concern me. Page 30 Beaumont City Council July 27, 1991 City Manager: Actually, I can tell you that if you are going to put in form of priority, then sewer and water is the top priority. If you only worry about economic development, we don't have any more sewer, you are not going to put any more buildings up. Council Member Leja: That is right. City Manager: So, obviously, it is that necessary. I am meeting with some portions of the consultants every two weeks for this purpose. Let me find out if they can put something in writing that - I don't see how we are going to put something like this in writing personally, because you say, here is fifteen more things that could happen, but may never happen, is one of our problems, because if they miss one, then we will say to them - hey, you missed that. Council Member Leja: Yeah, but if they made an honest effort, I mean, just like in a business, I mean, this is, in some ways a business that we are putting the same type of thinking of putting this project together, and even the biggest industry - Eastman Chemical, they have to put programs such as this together, and they also have to address of what could happen. I hope that is not too big of a project for our consultants to do. City Manager: Well I think a lot of this you are going to read in the EIR that is coming out right now, because that is a big factor. Does everybody accept that EIR, if not, that is a problem. Council Member Leja: Also, too, you look at - now maybe we should have started - I don't know when we started the EIR process - or the EIR that you are talking about, I was thinking General Plan - but, you know, once you have filtered in some things that can happen, you know, if I am investing in a plant, or if I am investing in a project - to put it down in simpler methods, when you are on a airplane, and you are on the runway, and the pilot tells you one time, sorry you have been delayed thirty minutes, and you don't hear anything else, and then they say, oh, sorry, you have been delayed another fifteen minutes, sorry you have been delayed, after that, another ten minutes, you know, to me, I would get a little nervous about that. And I think the same thing with the people who are investing in the wastewater treatment plant. What can happen. Is March 93 a realistic deadline, or is that a realistic time of completion. Or, are there some things that can happen that is going to prolong it, and then when we get closer to that time, sorry we have had to delay some more. Maybe there needs to be - I don't know - it is probably just my own feelings, but I am trying to see from all aspects of what can happen, because a lot of people that live in this community who, economically, are dependent upon the completion of this thing, and they are having to put their business plans to work, their plans for improvement of their businesses based on that March 93 deadline. And I am just hoping that that is what we can stick to, and maybe a way to insure that we stick to that is with some risk analysis of this whole matter. City Manager: I can assure you we can come back with something for you, but it may be very scary. It may say we may be in 1995. That is not our goal though. Council Member Leja: Yeah, we can have our goal. . . City Manager: But if we put all the things that could happen, we can run the thing for a long time. Council Member Leja: But the things that could happen that we could go ahead and correct, so that they don't happen. Page 31 Beaumont City Council July 27, 1991 City Manager: Well, let me get with the consultants and see. There are things that we don't have any control over. The courts. . . Council Member Leja: You see, I - I understand that. City Manager: .everything, can mess us up. And that is a problem that we don't like to admit, but we don't have any control over it either. Mayor Connors: And the State stays up nights trying to think these things up, we know that. Council Member Leja: Yeah, I know that too. City Manager: Let me see what kind of - because I don't see any other way that a written report - it seems to me that I am going to have to get each consultant to go through and prepare something like that. Because one is dependent upon the other also. Let me see what I can come up with. Council Member Leja: You know, maybe in the resource level we could sit down, let's say, have a committee for utilities and water, to deal with this, and have the consultant's, you know, I don't know if they have already done this, or maybe even not that level, but it seems like there needs to be some interaction more from all of the consultants at the same time, and let them earn their money. I know that they are, but let them be a little bit more creative in the fact that we want this to work, and their reputations, are at stake as well, and we want to . Mayor Connors: Did I understand you just now that you felt that there might be a resource committee made up oaf consultants of various areas, I think, because. . . Council Member Leja: No, no, no, no. . . Mayor Connors: Because a resource committee doesn't sound to me - a resource committee doesn't sound to me like it would be made up of experts. Council Member Leja: No, that is not what I am saying. I stopped half way through a sentence. Maybe, from the Council standpoint, so that more information can be given to the Council. I don't know if it is even necessary. But I just feel real nervous about it. City Manager: I feel very strange right now that no Council Member seldom ever asks me any questions. And I am not going to force myself on them and say, it is time you learned about the sewer plant. But I will be very frank with you, and I am having to be frank, because you are aiming this at me, I believe. Council Member Leja: No I am not. City Manager: Yes you are, ma'am, I'm sorry. I am a little surprised that we have gone this far without asking questions. And there are not many questions that have been asked of me at all. Council Member Leja: Exactly. And I have come in your office and asked questions before, and there is a lot there that needs to be learned by all of us, since we are approving the money for it, and our responsibility are to the, you know, to - you know, there are all kinds of things that are occurring, and I just feel like it is something that we all should be better educated in. I don't want to know the technical aspect of it, because that is not my - but certainly to, it just seems like that this particular project is such of vital importance to the community, that, and like I came in to you the other day, and said people say what is the hold up of the wastewater treatment plant, we Page 32 Beaumont City Council July 27, 1991 have heard it has been delayed again, and we have heard this and we have heard that, and I have to say, I don't know. City Manager: One of the reasons that came about is there is a newspaper in town who were given March 93 months ago, and they came out with a headline that said it had been delayed again. And they were using a bad date. I can't keep them more informed then they can keep up with us. Council Member Leja: And I came in right after somebody - right after that newspaper came out, and people were saying, what is going on, and I said I don't know, and I came directly to you right then and asked. City Manager: And I had to admit to you I don't know what they are doing. The reason I had to - I had two from that office in my conference room showing them grafts and everything when we set March 93, and then to come up with a story that now we have delayed the March 93, after - this was several months - really made me feel a little bit strange as to where do we do next. Mayor Connors: A lot of the information, a lot of questions that we have discussed so far in this meeting, are things that I was already aware of. And I know that some of the departments, when there is some piece of important information, a memo is given. Now it could be very complicated to write memos that would cover complicated subjects like this, but perhaps as we went along, and there was some ,small addition to something, like a change in the date for instance, just that much, if the Council Member was informed of this that much, then the Council Member would know what to ask. Is that where the problem lies, in not knowing. City Manager: That type of thing is no problem to me, and I would be more than happy if we came in, you know, and sat down, several of you at one time, or however you would want to do it, and we can go all the way back and come through the process of where we are today. And some of the problems that we have run into that we did not anticipate. And consultants that are still with us, and some that aren't, and things like that. I would be more than happy to do that. That would be very difficult in writing, to come up with a document like that, because it has been involved now, for what, two years or so. But I would like to keep you informed as much as you want. And, please, let's get together, and let's talk about it, anytime that you have got any concern, and let me - I'll see what I can get from the consultants to try to, I think, to alleviate what you are talking about right now. And everything that we see, I hope there is not any big changes that we don't know about, but I will assure you that we can get that type of material and give it to you. Mayor Connors: Mr. Bounds, as we know, is very busy, but he does. . . City Manager: You got me some help, let's give some credit for that, because. . . Mayor Connors: I was getting to that. He does have an assistant at this point, which should be of great benefit to us. Also, you can make an appointment with Mr. Bounds just like anyone else, rather than just dropping in and taking your chances, which sometimes you feel, well he is busy, he has an appointment or whatever. But, rather than just waiting until you have specific questions, it might be helpful if you went in and asked what was new with this subject or that subject, or some other subject, and he will voluntarily tell you everything that he can think of to tell you about any item that is on here. And then we might not have this misunderstanding. City Manager: Now I work for you all. I am open to you. Please Page 33 6. Beaumont City Council July 27, 1991 use me. No matter how small you may think the item is, or how big you think the item is, you don't need to wonder. If we have the ability to know within the City, you shouldn't have to wonder about it. You should contact me by phone, I think each one of you have got my home phone number. I work seven days a week, as you are well aware. And many of you have called me, and I don't mind it. Or, like I say, you know, sometimes you drop in and I'm not busy, and I will take you right then, no question. But I really want to be open to you, because you need to know anytime that you have got somebody asking you, you need to be able to answer that question. And we don't want to give a question that is going to hurt you later in the community. We are going to give you the facts so that you have got the best going. Mayor Connors: I don't know. . . Charles Ware: I would like to make a suggestion on something that might help you. One of the things that I do when I do a project is I do a critical path. And I set down and figure out - before I get my billings in, I figure out how long it is going to take me to do a tract. You can do a tract in about 188 days. You have so many days for plans, and so many days for framing, and stuff like that. You need to do a critical path of what you have to do between now and when you start the sewer treatment plant, and put some dates on it, and hand that out to your Councilmen, and then they can track - you don't even have to talk to them, then they know if you are on schedule or not, and if you are not on schedule, then you know you have some problems, and that is the problems that you address. I think it would take a lot of pressure off of you if you had a critical path. It takes a lot of pressure off of me. City Manager: This is what we were working on until we ran into some snags, and right now the consultants are coming up with what Charles is talking about, to update to see if we have got any snags. They were given that order this past week. Mayor Connors: I have noticed it is a fairly new development that there is some communication among Council Members also, other than at meetings, and I welcome some thoughts from Council Members as well, and discussion of any of these things and whether we think there is a problem, or how we might feel, and I think if more of us communicated with each other, we can only discuss things two at a time, but we are certainly free to discuss things two at a time, and that might help also. Council Member Parrott: I think the Brown Act hinders a lot of conversation and consulting with one another, and you need to do that if you are going to discuss anything sensibly. Mayor Connors: Well it hinders us in discussing things three at a time, but not two at a time, or two of us with Mr. Bounds, which would save some time also, if there were two of us at a time. Council Member Leja: I think, along those same lines, when Gary and I went to a conference in San Jose, they cite never to call Council Member to Council Member to Council Member to get a consensus, because you will get in deep trouble about that. Mayor Connors: Right. That is polling, and that is entirely different. Are we ready for item number six, discussion of resource committees. Okay. Discuss Formation of Resource Committees. Mayor Connors: Would the Council Member who placed resource committees on the agenda begin the discussion. Council Member Leja: Actually Mayor Connors gave a perfect lead in to that, and so has Mr. MacNeilage and Mr. Parrott. I don't know if you did or not Don. Page 34 Beaumont City Council July 27, 1991 Council Member McLaughlin: No I didn't. Council Member MacNeilage: That's all right, he was here. Council Member Leja: The fact that this would provide an opportunity, as much work as - because Mr. Bounds has a tremendous project under his hand right now with the wastewater treatment plant - and we have identified the areas that need to be targeted, as well as being important to the City, and we have to continue in addressing other areas of the City instead of just one area. Also as a means of getting more community involvement, I think forming resource committees is an excellent way to do that. And some cities do it with one Council Member, but usually with two Council Members on a particular committee, and they can draw in help from the outside, whether they be a - possibly a staff member, if Mr. Bounds agrees to that. Citizens from the community, from other agencies. One of the areas that we have talked about being youth services. Or economic development. Just a lot of areas that can be addressed, but I can't see us today sitting down and saying, these are the committees that we need. I think the first thing we need to do is have possibly two Council Members, and they can draw help from other cities, or whatever, that have programs such as this, to sit down and discuss and bring up a proposal. The types of committees that we see that we would need to address the priorities that we have, and anything else that we can see that will be falling into the needs of the City, and how they will be formed, and guidelines, and any particular priorities that we would like - or goals to accomplish from those committees. Mayor Connors: A resource committee on resource committees. Council Member Leja: Well, actually, it would be called a Ways and Means committee, I think is what they call it at the federal and the state level, and most organizations. And I just feel like this is something - you know, we are a small city and we can't afford the staff to do all these things that we want done. But, I think this would be a great way to invite people in to work with us on particular projects, so that everyone buys in to it and it is their project as well. And it is also a way that, let's say, we are looking at doing something down 6th Street as far as a particular project, well you are going to need some people that can go in and talk to all the businesses there. This isn't going to be easy. This is work. But it is up to the committees to come up with - you know, it is an excellent way to brainstorm, like Mr. Parrott said, and you said, we need more communication, and more brainstorming about some ideas. Also, it will give us a perfect target line toward, when we go to the League of Cities conferences. When things are of interest to us, and that is our particular committee area, or our particular resource area, it would behoove you to go to those particular seminars. I don't think that you shouldn't go to something that is not your committee, but it is just a way, I think, that we can accomplish a lot more for the City. Mayor Connors: It will kind of focus everything so that we are tied together. City Manager: If you provide you a staff metr we need someone, rather sense a secretary, to meetings and so forth. meeting committee. . . set up any ber - one as than you all keep notes We will pi Page 35 committees a resource being tied for you, ,ovide a st at all, I will person, and also down to be, in a minutes of your of f member for a Beaumont City Council July 27, 1991 Council.Member Leja: And we can do a lot of brainstorming that way without violation of the Brown Act. Mayor Connors: Now if we were to decide to set up a committee to discuss which kinds of resource committees we wanted to have, we would have to put that on as a specific agenda item as to who is going to be doing that. This agenda is not set up to do that today is it. It just says discussion. City Manager: We can sure have it on the August 12 meeting. Mayor Connors: That is what I am thinking. And perhaps, if we are going to put it on the August 12 meeting, the Council Members then, by August 5, would like to give input as to which kinds of committees they would like to see. And what their interests are if they would like to serve. Because if we are going to have resource committees set up of Council Members, we are going to need to know your areas of interest. City Manager: So you are looking at the appointment of, or where do you - the appointment of a ways and means committee to recommend committees that should be formed, or need to be formed, or whatever. Council Member Leja: Well, a proposal of it, that way we can focus it so that it is complete, not just fragmented. City Manager: Appoint two Council Members to serve on a - do you want to call it a ways and means. Mayor Connors: Yes. City Manager: Committee. . . Mayor Connors: To formulate proposal. City Manager: Just proposal? To formulate a proposal. Mayor Connors: It doesn't seem to be a complete sentence. To formulate proposal -- regarding resource committees. Council Member Leja: Yeah. City Manager: To formulate a proposal regarding resource committees. Mayor Connors: Yes. Would you read that for the Council. City Manager: Appoint two Council Members to a Ways and Means Committee to formulate a proposal regarding Resource Committees. Is that o.k. Do you want me to read it again. Mayor Connors: Yes. City Manager: Appoint two Council Members to a ways and means committee to formulate a proposal regarding resource committees. Mayor Connors: Mr. MacNeilage, is there something on your mind. Council Member MacNeilage: Oh yes. I also feel that if any of the Planning Commissioners would like to get involved in any of these maybe they ought to put what committees they would be interested in getting involved in also. Mr. Burch: Well, we thought we were going to escape. City Manager: Okay, when I receive on August 5, by August 5th, the committee desires from the Council and Planning Commission, then I will provide a copy of that in the packet so that you will know who - wait a minute - which committees. We haven't even got any committees. Page 36 Beaumont City Council July 27, 1991 Council Member Leja: Exactly. Mayor Connors: Well which areas their interests lies in. Some people are interested in economic development. Some people are interested in transportation. Council Member Leja: Shouldn't we wait until after we form the committee. City Manager: Actually, though, I think that you should come back and have your proposal on committees. . . Mayor Connors: But how do we know which committees we want, is the reason that I said that, because. . . City Manager: Oh, o.k., you are saying not which committee you want to work on, which committees we need. Mayor Connors: Which committees we would like to have, yes. City Manager: Committees. . . Mayor Connors: If that is what they are interested in, that is the committee they would like to see formed. City Manager: Desire committees for the community. Council Member McLaughlin: It seems to me like you have got to form a body of people first, and then go to what deals you are going to do, and who would want to be on it. Here we only have two council persons that are involved in this, and they are going to say what we are going to do in a sense of what committee wants on. Council Member Leja: No. City Manager: What I have got is a note to myself - is that by August 5 you will indicate to me the committees that you desire to see for the community. Council Member McLaughlin: That is what it should be. Mayor Connors: Right. Council Member Leja: Yeah, that is what it is. Council Member McLaughlin: But as far as what you would desire to be on. . . City Manager: No. This one isn't for that. And I made a mistake here. Committees that you desire to see formed for this community, by the 5th. Council Member MacNeilage: What about public input on that also. Council Member McLaughlin: We haven't got time. Council Member Leja: Well. . . Mayor Connors: Well, if it is on the agenda, the public is welcome to come and discuss it with us as part of our agenda. Council Member Leja: And there is no rule that says. . City Manager: Now these aren't the final committees. . Council Member Leja: No, you start with a skeleton, and then - and you build from there. You know, the two people who are putting this together, they might want to, let's say, call Yucaipa, somebody out of Banning, or - to give them more input. They can get input from anyone - from staff. Page 37 Beaumont City Council July 27, 1991 City Manager: Ninety days after the committees are formed, you may come up with another committee, you are not just going to throw it out and not take it, so you are going to still -- and a committee that is formed, may say, guys, we don't see the purpose in all this and we would like to see you take us off, and you may drop some later. That would be an ongoing thing. Mayor Connors: I understood that each of these committees would have two Council Members on it, and I think that is where some of this problem is coming in here. And then they would go out and recruit for that committee. And that is why I wondered if we needed to know what areas the Council Members were interested in if we were going to appoint them to any committees. City Manager: But that would be at a later date. You are not - this whole thing is two Council Members to serve on one committee, from this there are going to be recommendations coming to the Council to finally decide on the committees formed. Then they can have two weeks to decide what committees they would like to be on. Mayor Connors: And I think that is where all this confusion came from. Did we clear it up or make it worse. Council Member McLaughlin: Well, we haven't set any as to how many members would be on each committee. Mayor Connors: No, no. and formed our. . . Council Member Leja: City Manager: Right. Mayor Connors: Yes. That would all come as we worked along That would be part of the proposal. City Manager: So right now you are going to indicate only the committees that you feel would be good for this community to have, and that is all. You will not be saying you want to be on any of them or want to be on seven. Council Member McLaughlin: I think we will work it out. Mayor Connors: Is there anything further on discussion of resource committee. Okay, we will go into Item 7. City Manager: We will send a memo to each Planning Commissioner, even though they are here, as a reminder of this, and that way the two who aren't here will know. Okay. 7. Discuss Ways that Beaumont Can Assist in Making the Eastside Reservoir a Reality. Mayor Connors: We will go to number seven, discuss ways that Beaumont can assist in making the Eastside Reservoir a reality. Okay, who is leading this discussion here. Council Member Leja: In case you are not familiar with the project, the Eastside Reservoir is a Metropolitan Water District project, and I have been attending the public hearings that they have been having in Hemet, not driving to LA for their hearings, but - - They have eliminated all their considerations. They have eliminated pretty much all of their original sites that they proposed except for two. One being Domenigoni - well actually three, Domenigoni and Vail Lake, Domenigoni and Potrero. And, of course, Potrero is right here. I am very interested in seeing it happen - what this facility is to do is to provide water to basically most of Southern California. Mr. Bounds can give you all the background as far as what it is proposed. I think many of you have already received Page 38 Beaumont City Council July 27, 1991 their last summary of their EIR. We are in the countdown stage at this point of when the Board makes their decision. Now, in their rating process we were second in the rating process, and that involves a lot of areas such as environmental issues, just all the technical things - if Mr. Bounds - there were some copies that we had made that kind of lines it up, that a gentleman in the audience had compiled and allowed us to use, that gives a comparison level all the way across of all the different areas that are factored into their rating system. And, like I said, we finished second. And I might be wrong about this, but it is my impression one reason why we finished second is simply is because we have more kangaroo rats, and we also have wetlands. Which are two really - well - that kind of evened out because all the sites had problems with the indians, but when you are looking at your comparison chart, you will see it is mostly threatened, endangered species and sensitive species. In meeting with their engineer, and discussing this at length, and with Mr. Bounds and other people in the community, this is a project that has made it today, and they are looking at making this on line by 1997. I won't go into all the technical things, I am just telling you what can happen here. With the problem that we have with the kangaroo rat, and all the mitigation and the 404 filing process in Washington, there are so many agencies that have to give us a stamp of approval, where Domenigoni, I believe,' they don't have the wetlands problem. They do have some kangaroo rats, but not as many as we do. A word of advice, don't let anybody graze sheep on your property. They seem to follow right along. Kangaroo rats like sheep grazing areas. What I would like for them to do is, of course, adopt the Potrero area as their first site of development, but that is - the odds are against that at this point, due to the endangered species action, and like I said the 404 processes. The time that it would take to get through the filing of all the process, through the federal level would take somewhere, they said they estimate three to five years to five to seven years. Well, this has to be on -line by 97 for today's needs. What I would like to do though is to see the community work together and bring in other communities as well, because I have had calls from San Jacinto, Yucaipa, and I believe Banning has passed a resolution making Potrero - stating that they would prefer to see the site selection be Potrero. But, realistically, we have to look at it realistically too, what can we do in case that they don't. One of my suggestions would be that, in the case they select Domenigoni as their initial site, that we lobby them to also include - because we need to be planning for the future - fifteen years from now - twenty years from now - and that is the reason, with planning you don't get pushed in the crunch, and you don't have to say okay, we needed this yesterday. We're already addressing that. And what I would like to see the Board approve is a proposal, if they were to approve Domenigoni - also, to be committed to also developing the Potrero reservoir, as w.ell as a planning step. Simply because it is our understanding that there are no other sites in Southern California, and they need storage facility sites. And there are none. This is - the Potrero and the Domenigoni areas are it. So, as far as natural types of storage. So, you know, I would like some input on that, and Mr. Bounds and I discussed some ways that we can get more community involvement, and we need to see if this is something that we want to pursue as far as lobbying the Board, and issuing possibly a statement on what we feel the needs - tourism would certainly come to the area Page 39 Beaumont City Council July 27, 1991 with a reservoir such as this, because they are proposing full recreational facilities with this. But just, if you read your EIR summary, you can tell all the technical needs, and how this is a more favored site as far as natural gravitational pull, etc. But, now we need to look at just basically what can we do to help this become a reality, and that is what I would like to address, for the Council Members and Planning Commission or anyone else in the audience that would like to have input on this. Mayor Connors: We have a request to speak from J. J. Lapinsky, and if we can do it this way, we have a name and address for the record that we can submit. If you would like'to say something now, or did you want to wait until the Council has discussed it, or? There is a microphone right here at this chair sir, if it would help. Council Member Leja: This is the gentleman that provided all of this for us. Mayor Connors: The request to speak stated you are representing yourself sir? Mr. Lapinski: Yes, I am. Can you hear me. The paperwork apparently that you received is something that I had compiled that was taken from the summary which was the MWD report dated June, 1991, which was under discussion in Hemet on July 11. Mayor Connors: That is the EIR summary? Mr. Lapinski: The EIR summary, correct. That is the only thing I had to work with. Mayor Connors: Okay. Mr. Lapinski: My observation, and I think it is born out by the analysis that I made, the EIR summary did not analyze in the same way. They had it by each location, with the three so- called - three different items that they so- called rated. And the three of them were significant environmental impacts, mitigation measures and unavoidable adverse impacts. My analysis of that is that the only place that made any differences upon which they could have arrived at their conclusion was in the first portion of it, which is labeled significant and environmental impacts. There were no differences that I noted in the so- called mitigation measures, and the unavoidable adverse impacts. So, to that extent, everything that they measured that would have given the rating to Domenigoni Valley over Potrero Creek has to be in that first portion. Well, looking it over, without getting into too many details, for example, they have on the left hand side you will find items such as cultural resources, paleontological resources, noise, land use and so on. Well, I have noted the differences are only in these particular subjects. Cultural resources, paleontological resources, noise, land use and that is it. Oh yes - starting out - I am sorry - I should have started out with hydrology, biological resources and endangered species. Well, basically, under the hydrology section, we had a better rating than Domenigoni Valley. They had 57 90', we had 23 %. In the biological resources, we had 2502 acres, no, rather, they had 2502 acres, what they called less upland vegetation. We had 4731. Well, that is quite a difference. But then if you had to put Domenigoni Valley with Vail Lake, then they exceeded, and we are lower. So my observation was that, between the DV and the DV /Lake, when they combine, which they no doubt will, as a possibility, to get Page 40 Beaumont City Council July 27, 1991 the number of acre feet that we need, then they are exceeding what Potrero Creek stands. As a matter of fact, if we were to put the Potrero Creek alone, they can supply 1,100,000 acre feet of water. And that was the discussions that took place in all the prior reports. Now somewhere in the process they reduced them down to 800,000. Now somewhere in the process, also, they say, they are going to need 1,200,000 acre feet. Well that still is in excess, so they are down to 2/3 of what they estimate themselves that they are going to need by the year 2030. In the endangered species, we had - Domenigoni Valley had 263 acres of SKR, Potrero Creek had 1380, and DV had 289 with Vail Lake. So when you combine together what you have in effect between the two of them you add the 1262 acres against our 1300 acres. I would also like to call your attention to a newspaper article that appeared in the Wall Street Journal of July 8, 1991, in which a Bush and a Jack Kemp panel produced a report where they are recommending, as an advisory item, the minimizing of wetlands and endangered species items. Why? This builds up the housing costs, and they were trying to get to the point of producing lower housing costs. So in anticipation of this, my recommendation, or suggestion to the MWD would be to take a look at that possibility and reduce, perhaps, the amount of significance that they haven't touched to the SKR. Now nowhere in that report, if I read it correctly, I couldn't determine how much of a weight have they been attaching to one item as opposed to another. Council Member Leja: There is an article regarding that on the back of it. Mr. Lapinski: In cultural resources D Valley had seventeen, and we had eleven. Paleontological they had no recorded items, we had a high in there, and so did the combination of Vail Lake. The noise levels are significant in D Valley because of the residences there, whereas in the Potrero Creek there is no residential areas within the 55 decibels that are indicated as significant. In the land use, in D Valley they have 87 residences that they would have to take out. We only have seventeen at Potrero Creek. So those are significant differences. And, as a conclusion to this particular portion of it, I would say the MWD conclusion or determination of favoring D Valley and Vail Lake over Potrero Creek has to be determined under significant environmental impacts, since the other two appear to be even. My observation and analysis would seem to favor Potrero Creek in the significant aspects that I have noted on the prior pages. Now this press article that I want to call your attention to - this was in the Sunday paper of July 14, 1991, on Page B -3. And the title of it was "District Balks at the Rat Barrier Cost. MWD is taking a second look at $450,000 proposed to build a 1.2 mile concrete wall at Lake Skinner to keep the SKR out of the area. Item was to be considered at the Metropolitan Board's meeting (I don't know the date), but was tabled after the cost jarred the staff members at the water agency ". Now I have a copy of that article if anyone is interested in it. My observation at this point is this, but before I get to that let me point out something else that you could get from this particular report. On Page S -22, the total cost of the D Valley would be one billion three hundred thirty four thousand, four hundred fifty eight thousand dollars, the Potrero Creek is one billion zero eighty six, eight hundred ninety six thousand, and a combination of DV and Vail Lake would be one billion four hundred ninety eight thousand eight seventy two. The cost per acre of the DV is 16.68 - acre foot rather. Potrero Creek is 13.58 and Page 41 Beaumont City Council July 27, 1991 the combination of DV and Vail Lake is 18.74. The difference between the DV and Potrero Creek amounts to two hundred forty seven million, five hundred sixty two thousand dollars less. Potrero Creek is that much less. Okay, percentage -wise that represents a decrease of about 18 that is a pretty good return on your money. I can't make that. The acre foot difference is $310.00 difference from Potrero Creek being less. Now, by this observation, I would like to point out that if the MWD favors D Valley over Potrero Creek, and Potrero Creek is in second place, yet DV overall cost is two hundred forty seven million, five hundred sixty two thousand more than the overall cost of Potrero Creek. In view of what I just got finished telling you about the fifty thousand dollars at which they balked, what are they going to do about the two hundred forty seven million. In other words, it looks to me like they should probably be standing still. They can't even take a look. Not only that, that amount of money represented - oh yeah, in other words, at this point, they are only talking about eight hundred thousand acre feet. What if we have to go to the one million one hundred thousand feet. Our costs would go up about fifteen million four hundred eighty thousand dollars only on the differences that we save them money on being Potrero Creek. Now the overall ranking of the DV site over Potrero is on Page S- 18, in Figure 7. The DV has a point 76 and Potrero has a point 64. The difference is roughly 15% - 15.08. So compare that to the cost of Potrero Creek over DV, they were 81 %, but we don't have that kind of big difference in the overall rating under which we come in at second place. If you want to convert the percentage cost of that overall rating of DV into the cost of what they are going to charge, you will discover also that the second rate outfit here comes out being cheaper, so we have the cheaper area represented by the two testing points if you want to consider that. Now, we are getting to the point where you inquired as to why and what could we do to help Potrero Creek be selected. Well, I have attended most of the meetings, if not all of the MWD that they had. My brief observations here is that number one our Chamber of Commerce, and other civic groups and interested groups, have not been conspicuous, were conspicuously absent at much of the meetings, if not all of them. We should concentrate on the cost factor. Potrero Creek site would have an overall cost savings of two hundred forty seven million dollars, or roughly $310.00 per acre foot of water. If MWD Board balked at spending four hundred fifty thousand dollars on Lake Skinner project involving the SKR, what should they do reference to the above at a cost of two hundred forty seven million. Which is roughly fifty five hundred times greater than the four hundred fifty thousand dollars. And if we took the saving and applied to the budget of Beaumont City, we could supply the City for the next 62 years with the saving that Potrero Creek would produce over the DV Valley. Minimize the emphasis placed on the SKR, and use the Bush -Kemp study on advisory, which exists, less emphasis to be placed on the endangered species to help keep housing costs down. And as they used to say, perhaps they are putting their emphasis on the wrong syllables. I thank you. Any questions. Mayor Connors: Thank you sir. Council Member MacNeilage: You have done your homework. Mayor Connors: Before we go into discussion or questions on this Page 42 Beaumont City Council July 27, 1991 particular item, we have a request for a break, and we will be taking a ten minute break and come back to this subject, if that is acceptable. The meeting was adjourned at 1:56 p.m., reconvening at 2:12 p.m. Mayor Connors: Okay, we just had a presentation by Mr. Lapinski on the Eastside Reservoir and I believe some of the Council Members had questions they wanted to ask. Mr. Lapinski: May I add one more item. My suggestion would also be that since the Metropolitan Water District Board is going to have a meeting, and I don't know when they will meet but you would find that out, and my understanding is that this particular location selection is coming up for final determination by the Board, it is either in September or October. And my suggestion would be that we should have some powerful representation at that particular Board meeting. And that is composed of quite a few people, and I got the impression that they are kind of a tightwad, so if you - if we could ever push the idea that they are saving a lot of money by using this particular location, as opposed to the one that is being proposed by their engineers, maybe you have a chance to prevail. I am only thinking out loud based upon my observation of some of the things I read. Mayor Connors: Okay. Mr. MacNeilage, I think, has something he wants to discuss with you. Council Member MacNeilage: I hate to go back on the agenda, but I think we are going back to looking at item number five and number six again, which is we need to form a committee and make this a priority, is my feeling. Mr. Lapinski is very educated in this, and I would really, myself, love to see him involved in this committee, and other communities, to get involved with them to get as much support from other communities as we could to make this project a reality. Council Member Leja: At many of the hearings, we usually kind of stayed in the background, and there was usually not enough room for us - most of the residents of Domenigoni are in opposition to Domenigoni being selected, because they have homes there and they don't feel they are being given a fair value of their property. Council Member MacNeilage: Maybe we should recruit some of them. Council Member Leja: I think that is a possibility, but I have attended those meetings, Lyle Millage has attended those meetings, Mr. Koules has attended those meetings, and the thing is we show up there and we don't realize anyone else from the City is going to be there. There have been members of the Pass Water Agency. I remember Mr. McLaughlin and, I believe, your son were at some of these hearings. So there is some interest out there. The Chamber of Commerce, I think, has taken - their Executive Board - has taken a strong interest in this as well. So I, you know, like I have said before, Banning, San Jacinto - I pretty much set - at the hearings - and took down names of everyone there that was in opposition to it, and they were in favor of the Potrero site. Go on with what you were saying. Council Member MacNeilage: To again, I think it is very important that we come up with a committee right away, and possibly to have two or three people appointed into this right away, and to have those people go through to the other cities and other areas that are obviously in favor of this, and to, hopefully, to recruit some city officials from other cities, and really go in there with a lot of power. Mayor Connors: What I am hearing here from the Council is that they would like to see this on the Council agenda also, in order to discuss formation of a cohesive group, in order to pursue this, and perhaps a resolution, or something of that sort, from Page 43 Beaumont City Council July 27, 1991 the City that could be presented in time for that meeting in September or October, so that . . . City Manager: The earliest the meeting can be held is September 10. Their staf f cannot be prepared for this item to be on the agenda before that time. They meet once a month. It is a 51 member board. It would be hard to lobby them. Mayor Connors: And this gives us two regular Council meetings at which to accomplish. . . Council Member Leja: So we need to set up a strategy on everything that needs to be done. City Manager: One of the things that Jan and I have talked about is preparing a strategy from our side, and seeing if we can sell that to some cities to be more closely united, and maybe have a little bit more power than just one city. Banning has passed a resolution, has already sent that in. But I think - I am sure they could do another one if there was some feeling of a stronger way of putting anything or whatever. We certainly could go to Calimesa, Yucaipa. Council Member MacNeilage: The committee should be somewhat formed as soon as possible so these people that are on the committee will be able to get all their ducks in a row, so to speak, and to be able to recruit from other cities, and get as much information as soon as possible. The more we can get on it, the quicker that we get it, the better prepared we will be for the meeting. I feel it is really important that we really get going on it. Council Member Leja: And there are a lot of people out there that aren't even aware that something like this is happening. Mayor Connors: Probably just about everybody. City Manager: Eastside Reservoir doesn't really mean much. Council Member MacNeilage: They don't know what it is. Council Member McLaughlin: They don't even know where that is. City Manager: That is what I say - east side LA. Council Member MacNeilage: When you even say Potrero Creek, they don't know. Council Member Leja: And if that means taking the dog and pony show to the Kiwanis meetings, Don is good at that. Council Member McLaughlin: What. Council Member Leja: And, you know, there are a lot of different avenues that we can take - from all angles. City Manager: One of the things that you might consider, is if you have volunteers of two Council Members, they could go ahead and start working even before they become a committee. Council Member Leja: Yes. Mayor Connors: That is true. City Manager: And then they could be officially recognized on the August 12 agenda as being selected - because, you know, we are not talking about using money or anything like, we are talking about doing the hard work. Council Member McLaughlin: I would suggest that we could have all of us, if we are in favor, to certainly be volunteers to go Page 44 Beaumont City Council July 27, 1991 ahead and be working towards the end that we are working for. You don't just have to necessarily be on a committee to . . . City Manager: 0h, no. I think what was the reason for the committee is the fact that you can meet as often as you want without having agendas out, and things along those lines, but, secondly, if we are going to be talking about going to other places, the quicker a good, formulated, well- written document is put together for potential - our proposed resolution or something, that can be done very quietly at this time. Council Member Leja: And even, I think all of us are going to enlist our services to work towards this, but there needs to be somebody to sit down and say, okay, these are all the different ways that we can pursue this project. . . Mayor Connors: And let's go do this, this and this. Council Member Leja: . . . And we need you to do this, we need you to do this, we need you to do that, we need you to do this. And then, you might have some input, well, what about this. Why don't we go to this organization, or why don't we - I know some people in this City, and that is where we need to tap all of our resources. Council Member MacNeilage: I would also like to ask Mr. Lapinski if he would be interested when we form a committee - if he would be interested in being on that committee also, so we could appoint him at that time. Mr. Lapinski: I don't know if I would be able to serve. I might be an adviser to you. If you need any help I would be glad to help you with anything that I have, but I don't know that I have got the time to devote to a full committee or anything like that. But my suggestions are strictly on the basis of observing this particular report, and my thought is, is that if you would tear the report apart, you have a good point of presenting it to their board, and this is the point I am making. In other words, I didn't have volume, I just had the summary. And the way they presented it, you couldn't see the picture, but I think if you will analyze what you have just been handed out, you may come to the same conclusion that I did. And then if you could pick out the high points of the area that is left over, and upon which the engineers who put this study together, could have formulated their conclusion, this is maybe where you could tear it apart. And I think the biggest deal is money. I don't know how you could pass up two hundred forty seven million dollars. And if you multiplied that by what it would cost for a bond issue, and let's assume - what would you have, a twenty year bond, and say that you were going to pay what - 5% interest on a good security - that money would double itself in less time than the bond matures. Mayor Connors: You would be interested, then, in being helpful to us as an adviser and in answering questions. Mr. Lapinski: Yes, I would go along with you in trying to be helpful in anything I could. To help you along with this cause. I think it is an important item, and I think that water is a very important item, and I think that, somewhere in the process, these people that put this thing together - somewhere they minimized their need. They start out talking at one million one hundred thousand acre feet. And if you look in this report, there is also a statement in there showing what they estimate that they need by the year 2030. Well they are down only to 800,000 feet. That is only two - thirds of what their needs are going to be at 2030. Well if they use Potrero, they could already get one million one hundred thousand acre feet out of it without going anywhere else. That is it. Now, Mrs. Leja here, pointed out something that bothers me a Page 45 Beaumont City Council July 27, 1991 little bit. She indicated that if Potrero Creek is going to be considered, there is going to be a very long time delay caused by some kind of federal laws, permits, or whatever. And Domenigoni Valley doesn't have that. Now I don't understand why they don't have it, when I don't see a big difference between the two locations, and if they don't have it, and they already have received the permission, when and how did they get it, and at whose instigation did they get it. Why didn't we, as a Potrero Creek site, also get invited to do the same kind of in advance permission. City Manager: Typically in the 404 report or project area, it is a federal program. The federal people who deal with us called Fish and Wildlife and there are a couple of more agencies - they have the ability to say you do not have to do a 404. In the case of Potrero Reservoir, MWD has already been told they must do it. That is where you get the information from. Mr. Lapinski: You say they have already been told that they wouldn't. . . City Manager: They have to do it. Mr. Lapinski: They have to do it? City Manager: But not on Domenigoni. You see what you do is you, I will be very frank with you, negotiate. We are negotiating right now on the sewer lines, because we cross a little wetland down here. We are out negotiating right now to get the best deal we can. Of course we have got something to negotiate with. Their problem in negotiations are different in that, as Council Member Leja pointed out while ago, one problem we have got in Potrero is wetland. Wetland is a 404 report. Domenigoni does not have wetland. Mr. Lapinski: And Domenigoni doesn't. City Manager: No, not by federal . . . Mr. Lapinski: What about the minimization based upon this advisory panel. What has been suggested. How about the minimization of wetlands that has been suggested by the advisory panel. City Manager: Well, that is something - but to say that will happen before September 10. Mr. Lapinski: Well, it is new. It is already out. I could give you a copy of the article. City Manager: Have you ever watched to see how fast Kemp does anything. Mr. Lapinski: No. City Manager: He puts the news out about a year before he gets ready to do anything, and right now he is still on vacation. Mr. Lapinski: Well these people are looking at years ahead, so we could probably tell them - hey, let's minimize it. City Manager: No, you talking - no, the situation is down to the point for anybody to get up say September 10, or October 11, whichever day it is, that Domenigoni either than Potrero should not do a 404, that is out of the realm of MWD, so they are not going to listen to that. And when, you know the number of planners that they have got on staff that worked on this project, that we have talked to - they are not going to get that. Mr. Lapinski: Are we spinning our wheels and wasting our time. Page 46 Beaumont City Council July 27, 1991 Mayor Connors: Mr. Koules, did you have something on this. Stephen Koules: Yes. I would like to offer, maybe, a different way of looking at this. The Potrero site is clearly economically saving - it is a better site. And, also, what they rank as a social impact is exceedingly favorable. I have been working, you know, with CEQA since its inception, and when a City Council, Board of Supervisors, has found a project that there were impacts that could not be mitigated, the Council or Board of Supervisors could make an overriding finding of social economic consideration. That project, again, has got unmitigable environmental factors is a legal right to throw that out if there are social overriding findings. Well, maybe there is a legal angle to play where you flip that equation over, and if there is social economic favorable factors to downplay the environmental impact, which seems to be logical. You are just taking the same relationship and flipping it over. Now, that has never been done before - it has never been approached - but it is just something I toss out and recommend that you might consider. And maybe you might pursue that if your degree of interest and intent - maybe you might get a legal loophole here to toss around. Because it seems to be logical to do that. If you could throw out a project that has an adverse environmental impact, because there are good social economic reasons, or for good social economic reasons, then downplay the environmental aspects. Mr. Lapinski: Okay, Mr. Bounds, you think this thing will not be considered on September 10. City Manager: Whether not a 404 report has to be done on Domenigoni. Mr. Lapinski: Is there a 404 report - what does it look like. Do we have any. City Manager: Federal. I don't have any, I wouldn't even. . Mr. Lapinski: Would they have one there. City Manager: Who. Mr. Lapinski: DV Valley. Do you think they have a 404 report on D Valley. City Manager: No, they have already been told they don't have to have one. Mr. Lapinski: But we were told we had to. City Manager: What. Mr. Lapinski: We were told in Potrero Creek that we had to have one. City Manager: That's right. Mr. Lapinski: And that takes several years. City Manager: The estimate that was made by us was by their, I think he is the third planner in charge, that estimated four years. That is about right. Mr. Lapinski: But they are telling us now, when they have been in this business for about three years. City Manager: That is right. Mr. Lapinski: They have been doing this about three years, and they are telling us only now. Page 47 Beaumont City Council July 27, 1991 City Manager: Dennis Majors has been in this realm for a long, long time. He has been doing dam work for years. Did you hear the statement - he has worked for other people. He. . Mr. Lapinski: Is it your observation and conclusion that we are probably spinning our wheels. City Manager: I don't want to say that. Mr. Lapinski: Oh, you don't want to say that. City Manager: You are not spinning your wheels. . . Mr. Lapinski: I'm being kind of practical. In other words if. . City Manager: I can tell you this, and I think it is well known, they've selected the site. Now, are we big enough, and can we get the power behind us to change the heads of all the - not the heads, the member units, because, mostly, that is what makes up their board. Can we change them very quickly. Mr. Lapinski: Well the President of that board is from Riverside right. Mrs. . . . City Manager: Also in favor of Domenigoni. Mr. Lapinski: Oh she is. City Manager: Yes. She is a leading water person. Council Member Leja: You are talking about spinning your wheels, considering the future needs - like I said earlier, this facility is for today's needs, and if they were, and all indications, and are going to approve Domenigoni, we need to be looking towards the future, and helping them look towards the future. 97 is their look of on -line capability. I think it would be in our best interests to put our number one priority as Potrero should be their first selection, but also realizing that Domenigoni portion of it, that we need to look at what can we do to work with them so that they will continue to pursue Potrero, so that twenty years from now, when the land is much, much higher, why not go ahead and start working towards that now - start the federal process now, for 98. Or. . . Mr. Lapinski: My thought would be, at this point, in view of the fact that they might have already made up their mind, I think the only recourse left over is to give us one more good shot, and that is to appear before that board. Since we can't get very far with any of these engineers, they have already done their work, and they are going to make a presentation pretty much as what their summary says, then the only thing left over is if the board will listen to anybody that is there. Do you have any comprising powers. I mean, you could go to the board and give them a good talking. City Manager: No. We don't have any compromising power, we could certainly go and give the indication, on my behalf, would be from the City Council. The City Council said thus and so. Let me make one comment, that I think that you picked up, and you may have mentioned. When we were talking about, two years ago roughly, the reservoir locations, and the fact that they were looking at fifteen, or something like that. Do you remember at that time there was a preview of what we needed by year 2010, 2020, or something like that. It is pointed out in this report they are at that number now. Not 2010, not 2020. So the revelation that came through the report is that by 2020 no longer is the need - whatever it was - it is about double that. It appears to me that you go after Potrero what ever way you want to go after it, but also, let's give a back -up position, that if they favor Domenigoni, that we haven't shut the door and said we Page 48 Beaumont City Council July 27, 1991 are just a bunch of idiots out here, and they really rattled the cage. But if we provide a two - pronged approach, if you select Domenigoni, would you consider, because of your report, and take it right out of the report, because of the needs, will you consider buying it immediately, and keep the plans and studies going now. Mr. Lapinski: That they get off the pot, so to speak, and do something about all the people that are there - they are going to want their lands - take it now. Is that what you are saying. City Manager: Yes, yes. Mr. Lapinski: Well that means twice as much money as they are probably obligated to spend right now then. City Manager: Well, but the problem is this. How much is it going to cost if they wait until 2010. Mr. Lapinski: Well they already took over one big project that is probably going to eliminate them by the millions of dollars right. And, of course, they are looking probably at Lockheed, where Lockheed could also probably cause a development that could cost a lot of money. So if they smart, they would be looking at those. I don't know what the status is of Lockheed, but if they are anywhere close to saying, well, we are going to build a few thousand homes here, and if you don't stop us, you are going to have to buy them if you want the land in the future. And I think this is a good argument. Council Member MacNeilage: Maybe one argument is to have the two hundred forty seven million dollar savings that we would get from Potrero Creek would purchase the land for DV. City Manager: The only problem is, Domenigoni is almost all purchased. You see, we've forgotten all about what MWD has been doing. They spent 25 million dollars to buy land over there. Guess what. Tell me that that is not number one choice. They didn't offer Lockheed anything close to a price. Mr. Lapinski: How many acres are we talking about there as opposed - they bought about the same acreages, around 4700, is that what they want. City Manager: You mean in Domenigoni. Mr. Lapinski: The total acreage they want there, and the total acreage. . . City Manager: They bought the meat of Domenigoni, and they bought a lot of houses already in that number. The problem houses are still left, but because of the EIR coming close, they have been told - stop buying right now. Wait until this is finished. Mr. Lapinski: You see the amount of money that they have already committed for the total cost, already include all of that. They have included all that. City Manager: No, it didn't include it. Mr. Lapinski: You don't think so. City Manager: What they are doing is using other reserves to buy land. Mayor Connors: Mrs. Lapinski wants to say something. Mrs. Lapinski: What is to stop them from changing their minds, if all this land (speaking from the audience and unable to hear everything that is said). Page 49 Beaumont City Council July 27, 1991 City Manager: My comment is this. Yes. If the Council decides, and we push for Potrero, we push for it. But let's don't find ourselves out in left field as being an adversary totally, because eventually, if it is not now, personally I feel that this area needs Potrero. They are going to need. . . Mr. Lapinski: Offer an alternative. Council Member Leja: Exactly. Mr. Lapinski: If you have got a solution, also offer an alternative. City Manager: Please go ahead and authorize your staff to buy, plan and let's be more ready then we were before. Because the book says they need both. I don't think that is any. . Mr. Lapinski: Do you think they may need the one million one hundred thousand feet plus what DV Valley has. City Manager: Oh yes. Well, they have indicated, for safety reasons, that they can't go to anymore. That was pulled back to 800 because of safety reasons. Mr. Lapinski: They could not do even more in Potrero either. City Manager: They said that Potrero would pull back for safety reasons. Potrero is 800,000 I think is, now, or 825. Mr. Lapinski: Yes, it is all even at 800,000. City Manager: Okay. But that was done for safety reasons. That is what they told me. I have been in contact with them right along, and I haven't seen them hiding their heads, or anything. I have had them point out places in the book to look . And the comments useless. We made statements - use them. They are not against us being over there and after them. Mr. Lapinski: Well, then, we ought to do whatever we can along those lines, because I think that is the only thing left over. If we don't do it now, you are just going to be stymied. You won't have any more input nowhere. City Manager: Let's don't put a large agency in a position where they blackball us. . . Council Member Leja: Exactly, where you slam the door. City Manager: And walk away. And then, because of the costs later of development in Potrero, then we have no reservoir coming in at a later date. I think the key to it . . . Mr. Lapinski: Your thoughts are very well taken. I think they are very good. Just make that point to them, but I think we ought to make that point at our next meetings with the board. I don't know how far we could get there, whether there will be an opportunity to talk or not. I have never been to a board meeting. Council Member McLaughlin: I would like to ask kind of a silly question, in a sense, maybe. Here we are where - I don't know where they are getting all this - we are short of water, they have even got to bring in supplement water - and it looks like this water is going to have to come from the Colorado River area. I am wondering, you know, they seem to like they can't get an awful lot of water - where is the surplus going to be coming from to fill this - either two reservoirs, or any of it. City Manager: They have got that planned and all taken care of. All tied down. I tell you, MWD is not a dummy water department. Page 50 Beaumont City Council July 27, 1991 Mr. Lapinski: Well, I think somewhere in the process, up north, they have . . . City Manager: Those people have got this tied down for the next forty years, where it is coming from. And if we only knew all that, we would be brilliant people. Council Member Leja: They just have to find a place to put it. Council Member McLaughlin: Yeah, but they have got to get it first. City Manager: They have got - Dennis Majors sat and told Jan and I we can buy water right now if we want water. It is not the time to buy water because others are rationing. So you don't go bringing a lot of water into a place to show that you have got a glut on water, when they are having to say - you know, this is just as big a political round as anything else. MWD is like mother agency. It is a wholesaler only. They don't sell water - they can't sell water to the City of Beaumont. MWD is owned, technically, by the member agencies. Eastern, LA Power and Light, those are the people that own this thing. Well, they are playing all kind of games with water right now, that some of us have never even thought about. And if we thought about them we would probably say, that's naughty. They shouldn't be doing that, because other people are being rationed. That is why they don't say a lot of things a lot of times. It is just like he said, we can buy water today. It is available right this minute if we need it. This is what I have told you all along. Water is for sale right now. Surprisingly enough. Mayor Connors: Well I think we have to come to some sort of a idea here of exactly how we are going to approach this. Right now we are talking about putting it on the next agenda. Council Member Leja: I thought Mr. MacNeilage had said something about - what was the last thing you suggested - maybe right away. Mayor Connors: Making it or putting it on the priority list, and forming a resource committee to find ways to approach it. Do we want to discuss forming a resource committee for it, and discuss a resolution on it, for the next Council meeting. Is there any other thing that we want on that Council meeting. That we want to agendize for it. City Manager: In a way I hate to see you adopt a resolution on the 12th of August, then on the 26th, if that is the right date, it is not the resolution you want. I think you need to come on strong with the best you've got. Two members of the Council indicated that they will be volunteering, we can go ahead and start working on some of this. You could appoint two members to serve and select a committee at the August 12. And then I would say that you are going to be better off if you come back August 26 with a concentrated effort, saying we have gone to other cities and they agree with this type of approach. Here is a proposed resolution. I would hate to try to get that resolution ready that quick. Mayor Connors: I wasn't thinking of voting on the final resolution on the 12th, but that we would have to discuss on the 12th in order to direct having it written. City Manager: So you are talking about appointing two Council Members, and I was thinking a minute ago, we said to serve on a committee. In the case of the ways and means, it is my understanding that you are looking at them using some other resource people to come up with formulation proposals. Should we also not look at that motion being to appoint two Council Members to serve on and select a committee, or such and such, so it is just now the two of them having to do the work. Page 51 Beaumont City Council July 27, 1991 Mayor Connors: Right. City Manager: Is that okay. Mayor Connors: Rather than it just being two Council Members. City Manager: Give them the authority to select people. Mayor Connors: They would be able to have people help them. City Manager: Okay, serve and select a committee in this particular case to formulate a proposed plan of action for making the Eastside Reservoir a reality. That would be resolutions or whatever then, a plan of action, does that sound right. Mayor Connors: Yes. We can go with that. The balance of the City Council are also indicating agreement without speaking. City Manager: Restating proposed motion - Appoint two Council Members to serve on and select members no, additional members - for a committee to formulate a proposed plan of action regarding making the Eastside Reservoir a reality. Mr. Koules: Eastside Reservoir refers to all the sites. You might want to be more specific. Mayor Connors: I couldn't hear. Mr. Koules: Eastside Reservoir refers to all the sites, so you might want to be more specific and call it Potrero. City Manager: Making Potrero Reservoir a reality. Mr. Lapinski: You know, the meeting they had in Hemet, they passed out a form where they asked for comments. And they are accepting comments until August 1. City Manager: That is basically on the EIR. And I should have made them. I personally feel there should be no discussion on the EIR. Let's not be an adversary on that. That is a big enough project by itself. Let's go for siting of the reservoir. Siting the reservoir in the right place. Let's let the EIR alone. Mr. Lapinski: You don't want to worry about the cost. City Manager: We are not going to pay the cost. Why should we worry about it. Mr. Lapinski: Well, the taxpayer. City Manager: They don't pay to that organization. Mr. Lapinski: I don't know about that. City Manager: I do. Do you live in Riverside. You would have to do that in your resolution, because we don't pay that tax. Mayor Connors: Do you have what is necessary on here for us to be able to discuss requesting a resolution to be drafted. City Manager: I think when you pass the motion, a plan of action, that is being all inclusive. Mayor Connors: But I thought it read appoint two Council Members to discuss a plan of action. City Manager: To serve and select additional members for a committee to formulate a proposed plan of action regarding making. . . Page 52 Beaumont City Council July 27, 1991 Mayor Connors: In other words they are to formulate that in time for us to be able to put a resolution on it. City Manager: Well I think that it has to be understood that it has to be back for the 26th, on the agenda. Mayor Connors: Yes, so it would have to. . . City Manager: We don't have any extra time. Mayor Connors: So that would be like the 19th that it would have to be done by. City Manager: Yes. That is why I am saying if two volunteers here today know that they are going to volunteer totally, they can go to work. Mayor Connors: Well. Council Member Leja: Any volunteers. I'll do it. Council Member MacNeilage: And I will give her a hand. Mayor Connors: If there is no other position, then we can go into item number 8. 8. Consideration of Claim Filed by Beaumont Unified School District. A report was received from the City Manager concerning this claim, which is based on a previous claim known as Tobar vs City of Beaumont, et al. Mr. Bounds' recommendation was to reject the claim based on the findings that the documents and evidence reviewed thus far fails to establish liability on the City of Beaumont, and it is impossible to evaluate the claim without extensive discovery. Motion by Council Member McLaughlin, second by Council Member MacNeilage, to reject the claim based on the following findings: 1. The documents and evidence reviewed thus far fails to establish liability on the City of Beaumont. 2. It is impossible to evaluate the claim without extensive discovery. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 9. Recess to Closed Session to Consider Public Employee Personnel Matters Pursuant to Government Code Section 54957. The meeting was recessed to closed session at 2:50 p.m., reconvening to regular session at 3:27 p.m. Let the Record Show Action Taken in Closed Session. Let the record show direction was given to the City Manager during closed session. There being no further business to come before the Council, the meeting was adjourned at 3:28 p.m. Respectfully submitted, City Clerk Page 53 CORRECTION TO MINUTES BEAUMONT CITY COUNCIL JULY 27, 1991 Corrections to the minutes of the Beaumont City Council meeting of July 27, 1991, as follows: Page 23, eighth paragraph, second line, second word - "day" should be changed to read "date ". Page 25, sixth paragraph, second line, last word - "day" should be changed to read "date ". City Clerk BEAUMONT CITY COUNCIL MINUTES OF JULY 22, 1991 The Beaumont City Council met in a regular meeting on Monday, July 22, 1991, at 7:02 P.M., in the City Council Chambers, with Mayor Connors presiding. On roll call the following Council Members were present: MacNeilage, McLaughlin, Parrott and Mayor Connors. Let the record show Council Member Leja arrived at 7:04 p.m. 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: Mr. Roger Berg, 1164 Euclid, addressed the Council: About two weeks ago, myself and my Dad made a complaint to the City Building Inspector about a fence out on the City right -of -way, north of our houses on Euclid. It is about three feet on the City right -of -way, and no one got back to us and say what they were going to do about moving the thing out. The guy just put it up and we happened to notice it was in the City right -of -way because my Dad used to own the property and he gave the right - of -way to the City. I would like to know what is being done about getting that fence off there. Mayor Connors: Did you go back and inquire at the City offices - the person you had talked to. Mr. Berg: Yeah. Talked to - I seen the Planning Director come by and look at it, and seen the Building Inspector go by and look at it, but still the fence is there. I mean are we going to red tag this fence and get it removed. It is out on the public right -of -way. Are we going to let people just do that throughout the town. That is what I am wondering because it seems to me that is what is going on in this community - you make a complaint and nothing is done about it. Mayor Connors: When you did go back and talk to them did they give you a reason why . . . Mr. Berg: No, they haven't done a thing. They know there is a fence there and they haven't said a word. Mayor Connors: What did they tell you when you Mr. Berg: They didn't tell us anything - they just said they would check it out. I called the Building Inspector Monday to say . . . Mayor Connors: Mr. Berg - did you go back and talk to them after that to see what their determination was, was my question. And what did they tell you. Mr. Berg: (Speaking to his father) You gave them your plans Page 1 - eaumont•City Council July 22, 1991 the Building Inspector - didn't you. Mr. Oscar Berg replied he gave them a copy of the original subdivision map. Mayor Connors: The second time that you spoke with them. Is this the second time that you spoke with them. Roger Berg: Yeah. Mayor Connors: Mr. Bounds, do you know anything about this. City Manager: Mr. Oscar Berg came to my office on Monday of last week, and had the map with him at the time. And, I think at that time, he thought that Mr. Hall was not in the office. He was, so I asked him if he would go down and talk to him, and he did. I was given the matter by Mr. Koules and Mr. Hall on Tuesday afternoon of last week. I went out to the property on Wednesday afternoon of last week and met with the property owner. We looked into the footage and so forth. The man is not continuing to build anything further. The matter will be taken into advisement, and if there is no legal way, then certainly the fence will come down - which he agrees to do. I don't know anything about the two weeks you have been talking about. All I know is I heard about it last Monday, which is one week from today. Mr. Berg: What is the hold up on making them take the fence down. City Manager: I would like to look into the legality of whether or not there is some other way, and as I say, and if it takes another whole 24 hours I didn't think that it was bothering anyone there. Mr. Berg: Well, it does when the City has other things that they do - and they will shove it on some people just within one hour's notice, and then some people, they just seem to - they ignore it, so I would like this fence taken . . . City Manager: Roger, I have not ignored this. I have been working on it . . . Mr. Berg: I don't know why -- it is obviously on the City's property is it not. City Manager: It is in the right -of -way about two and a half feet. Mr. Berg: And it just went up, so I don't know why the fence has got to stay there. I have seen the City go out and red tag projects before and told them to tear the thing down. I mean . City Manager: I didn't realize it was hurting anybody in the next 24 -48 hours. Mr. Berg: It is. It is hurting because it is a visual obstruction. Because . . . City Manager: Oh no, Roger. It can't be a visual obstruction, it only looks into a man's backyard. Mr. Berg: Okay, let me tell you . . . City Manager: It does not do anything to traffic. Mr. Berg: Okay, then I, let me - if I get the feeling of the Council right, then, the City ignores some things, and some things they pursue. We ignore the fact that Beaumont Yamaha has got motorcycles sitting out on the City right -of -way. You tell me that they have got a permit - Page 2 4. 5. Beaumont City Council July 22, 1991 City Manager: A Conditional Use Permit. . . Mr. Berg: . . .but they didn't have it when they moved into what used to be the Nite Life. And they never applied for another Conditional Use Permit for that part. So, we are just going to sit back and ignore it because. . . City Manager: No, Roger, if you will give me time I will get you a letter - answer your letter . . . Mr. Berg: I really think the City is starting to ignore some of this stuff and push on other people. Mayor Connors: Mr. Berg, if you didn't want to have an answer. . Mr. Berg: I want an answer. . . when is the fence going to come down. Mayor Connors: We cannot talk to you if you keep talking at us. Mr. Berg: Okay. Can you tell me when the fence is going to come down. Mayor Connors: I think Mr. Bounds was telling you what the problems were with the fence, and that he has been working on it. Mr. Berg: How long is it going to be. Can you give me fifty days, sixty days, a year or what. What is it going to be. City Manager: It will be done in less than seven days from today, which is only fourteen days from the day that I first heard of you coming in here. . . Mr. Berg: Okay - all right . . . City Manager: Not two weeks ago like I heard you say. Mr. Berg: I may have. . . City Manager: You didn't come to me two weeks ago, or one week ago. I got information on it - went out and checked on it - five days ago. . . Mr. Berg: Okay, we'll wait and see what happens in a week then. City Manager: I didn't know that it was really hurting anyone in twenty- four /forty -eight hours. Mr. Berg: Well it is. Special Presentation to Council Member Jan Leja. A Certificate of Appreciation was presented to Council Member Jan Leja by Mayor Connors, on behalf of the City Council. This Certificate of Appreciation read as follows: "Your weeks of volunteer hours, continued dedication and hard work in organizing the City of Beaumont 1991 Independence Day Celebration is valued and greatly appreciated ". PUBLIC HEARING - 7:00 P.M. Report and Account of Cost for Weed Abatement, and Hearing of Objections or Protests. The staff report and account of cost for weed abatement was presented by the City Manager, with a recommendation for approval of the report and account as modified, since one of the Page 3 delinquent bills was paid after of the report and account is a file. oeaumont City Council July 22, 1991 issuance of the report. A copy matter of record in the Clerk's The public hearing was opened at 7:14 P.M. There was no one requesting to speak during this public hearing. The public hearing was closed at 7:15 P.M. a. Consideration of Approval of the Report and Account of Weed Abatement as Presented, Modified or Corrected. Motion by Council Member McLaughlin, second by Council Member Leja, to approve the report and account of cost of weed abatement as modified. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. b. RESOLUTION NO. 1991 -29 - Assessing the Amounts Shown on the Report and Account of Cost of Weed Abatement as Liens Upon the Respective Parcels of Land as they are Shown Upon the Last Available Assessment Roll. Motion by Council Member McLaughlin, second by Council Member Leja, to adopt Resolution No. 1991 -29. AYES: Council Member Leja, and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. MacNeilage, McLaughlin, Parrott 6. Mr. Louis Millage - Discuss Hazards of Sidewalks in the City. Mr. Millage presented a lengthy dissertation concerning his request for consideration of correcting many hazards encountered by the handicapped and elderly in attempting to use sidewalks throughout the City. The basic problem with the sidewalks, according to Mr. Millage, is the fact they are curbside sidewalks, with the driveway entrances not level with the sidewalks. He also pointed out many mailboxes and fire hydrants are in the middle of the sidewalk creating an obstacle not only to the handicapped and elderly, but to others using the sidewalks. Discussion followed Mr. Millage's presentation, with questions being asked of the City Manager by Council Members. Answering the City Manager's question, Council Member Leja stated the first step to look at is how the City can look at new development, because that has not yet been built yet. From that point the City needs to look at what presently exists to see if there are any alternatives. Mayor Connors asked if the City Manager could give a ball park figure for installing sidewalks where there are none, and to replace the sidewalks that are causing the problems, with the City Manager saying he has no idea, however, sidewalks are the responsibility of the property owner according to the California Streets and Highways Code. Council Member Mclaughlin pointed out one of the reasons the sidewalks are at the curbline is the fact that most of the parkways, the area between curbline and sidewalk, are hard to maintain properly by the property owners, and they preferred Page 4 eaumont City Council July 22, 1991 the parkways be eliminated, and that portion becoming part of their front yard for ease of maintenance. It appears by solving one problem it has created another problem, so what do you do to solve all problems that everybody is going to be happy with. As a result the City will have to see whether it can solve the problem, without creating more problems. Council Member MacNeilage asked if funds to correct this problem could be obtained from CDBG or redevelopment, with the City Manager answering it would take a period of ten to fifteen years to get enough funds from this source to pay for this, however, the funds could be used for this purpose. He also pointed out this Council could not commit future Councils to the same use of the funds, but could certainly show this as an idea that could be used. Council Member Leja said she would like to see reports as follows: 1. A report regarding what can be done about new development coming in to the City. 2. Look at existing sidewalks and report on the whole picture and designate areas that would be easiest to fix, with a cost breakdown. 3. Basic overall picture, and then look at stages. 4. How much of the City has sidewalks and how much doesn't Council Member McLaughlin felt staff should start with what has sidewalks already, and then work toward the other phases. By the time you would get the whole picture, that picture will probably change. The City Manager suggested the information which he felt would help the Council, and which he could have by the next meeting, would be the cost per lineal foot, based on both doing a lot of work at one time, or a small amount at one time, for a new project, which would be the cheapest cost. A second cost could then be submitted for taking a sidewalk out where it is today, moving it, and putting a new driveway approach in. Then a cost on a maintenance approach. Council Member McLaughlin again brought up the subject of whether or not the homeowner would be responsible to maintain anything that is done, with the City Manager stating the Streets and Highways Code does indicate the responsibility of sidewalks as being the property owners. Mr. McLaughlin continued that he time to get information out to newspapers, in order to get some be worked out. He felt this was them would possibly not like to and maybe there were alternati) felt there should be sufficient all property owners via the input from them to see what can very important because a lot of have their sidewalks moved in, (es which could be looked at. The City Manager recommended it would be well to have a series of discussions with the public, as there would be a variety of comments which would be made, rather than just the one comment. Secondly, he stated that so far as funding, no be used for sidewalk work. It is not allowed, they could use any street money for sidewalks curb and gutter was taken out, and the sidewall of a street problem. This is very clear in Highways Code. As a result, general fund money used to fund anything which might be done. street money can as the only way would be if the <s moved, because the Streets and would have to be Mrs. Leja commented that, once this is being looked at, there would have to be more than one alternative - different things for different areas of the community. Page 5 Beaumont City Council July 22, 1991 It was the consensus of the Council that direction be given to staff as follows, with the first report to be returned to the Council at the regular meeting of August 12. 1. Cost per lineal foot for a new project, and a second cost for removing sidewalk and putting in new drive- way approach and new sidewalk. A third cost for a maintenance approach. 2. A report regarding what can be done about new development coming in to the City. 3. Look at existing sidewalks and report on the whole picture and designate areas that would be easiest to fix, with a cost breakdown. 4. Basic overall picture, and then look at stages. 5. How much of the City has sidewalks and how much doesn't. 7. Consider Approval of Proposed Measure A Local Fund Program for FY 1992 -1996. The City Manager presented his report, a copy of which is a matter of record in the Clerk's file, with a recommendation for approval of the proposed Measure A Local Fund Program for FY 1992 -1996. Questions were asked and comments made by the Council concerning this proposal, with extensive discussion concerning the two alternatives for the signal lights at 6th and Beaumont Avenue. It was the consensus of the Council the proposal costing $100,000 would be the most feasible. Council Member Leja did have a concern whether or not the resurfacing of Beaumont Avenue would interfere with the Cherry Festival parade in June of 1992, with the City Manager indicating it would be included in the bid process to require a passable street for the entire width for the day of the parade. Motion by Council Member Parrott, second by Council Member McLaughlin, to approve the proposed Measure "A" Local Funds Program for FY 1992 -1996, as submitted. AYES_: Council Member Leja, and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. MacNeilage, McLaughlin, Parrott The meeting was recessed at 8:23 p.m., reconvening at 8:36 p.m. 8. RESOLUTION NO. 1991 -30 - Requesting the Addition of a Measure Relating to a Utility User Tax to the Ballot for the City of Beaumont General Municipal Election to be Held in Said City on November 5, 1991. A report was received from the City Manager, a copy of which is a matter of record in the Clerk's file. There were no questions or comments from the Council. Motion by Council Member Leja, second by Council Member MacNeilage, to adopt Resolution No. 1991 -30. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. Page 6 Beaumont City Council July 22, 1991 9. a. ORDINANCE NO. 704 - An Urgency Ordinance of the City Council of the City of Beaumont, California, Repealing Chapter 5.44 of the Beaumont Municipal Code and Adding to the Beaumont Municipal Code Chapter 5.44 Regulating the Conduct of Massage Services and Massage Establishments and Requiring the Issuance of a Permit Therefor, and the Licensing Thereof. (Continued from July 8, 1991). b. RESOLUTION NO. 1991 -27 - Regarding Fees for Massage Establishments. Continued from July 8, 1991). The City Manager reported that due to problems being experienced by the Riverside County Health Department at this time because of a reorganization, they are unable to provide the services delineated in our ordinance. As a result he is recommending this agenda item be withdrawn at this time, and continue to work with the existing ordinance in place, with whatever assistance can be obtained from the Health Department, until such time as we know what is going to happen with the County Health Department. By doing this it will allow the applicant currently processing an application to move forward under the old ordinance without further delay. There were no objections from the Council to withdraw both Agenda Items 9.a and 9.b from the agenda. Mr. Larry Moore, the applicant for a massage establishment permit, said he wished to thank the City Council and staff for expediently trying to take care of this matter. 10. CONSENT CALENDAR - All Items Listed Under the Consent Calendar are considered to be routine by the City Council and will be approved on one motion. There will be no separate discussion of these items unless a Council Member or Citizen so requests, in which case the item will be removed from the Consent Calendar and considered as a separate item. a. Approval of Minutes of Regular City Council Meeting of July 8, 1991. b. Approval of Warrants as Audited per Warrant List of July 22, 1991, in the amount of $254,716.04; and Payroll of July 4, 1991, in the amount of $72,854.61. C. RESOLUTION NO. 1991 -28 - Determining Fees to be Charged to Reimburse the City for Costs of Registering Bonds and Cost of Annual Administration of Assessment District 1983 -1. d. RESOLUTION NO. 1991 -31 - Adopting the Sewerage and Sanitation Fees Report and Directing that Said Report be Certified to the County Auditor for Collection on the Tax Rolls. Mayor Connors requested a correction to the minutes of July 8 as follows: Page 2, Item No. 5, the addition of a statement that she asked whether the City needed to put the shotguns into the actual motion or whether that had been a decision that had definitely been made, and she was told that it was. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt the consent calendar with the minutes corrected as requested. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. Page 7 eaumont City Council July 22, 1991 11. Recess to Closed Session Pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigations which have been initiated formally, and to which the City is a party. The titles of the litigations are: a. Beaumont - Cherry Valley Water District vs City of Beaumont, et al., Case No. 211456, Riverside Superior Court. b. City of Beaumont vs Bowie, Case No. 200647, Riverside Superior Court. The meeting was recessed to closed session at 8:48 P.M. The meeting was reconvened to regular session at 10:30 P.M. Let the record show action taken in Closed Session. Let the record show that in closed session Council consulted with special water counsel who gave indication of direction in which they are going in the case of the Beaumont - Cherry Valley Water District, and an attorney's report was received and no further action will be taken on the case of the City of Beaumont vs Bowie. Date set for next regular Council Meeting, Monday, August 12 1991, at 7:00 p.m., in the City Council Chambers. There being no further business to come before the Council, the meeting was adjourned at 10:31 p.m. Respectfully submitted, Page 8 BEAUMONT CITY COUNCIL CORRECTION TO MINUTES OF JULY 8, 1991 The Minutes of July 8, 1991 were corrected at the Council Meeting of July 22, 1991, as follows: Page 2, Agenda Item No. 5, add a paragraph just following paragraph five, to state: Mayor Connors asked whether they should make the motion to specify that the City wanted to include the shotguns in the purchase, with the City Manager advising it is not necessary to authorize it. Mayor Connors confirmed he meant that it is a definite decision, with the City Manager acknow- ledging that it will be done, as well as the ammunition for this year. Robert J.Iffounds, City Clerk BEAUMONT CITY COUNCIL MINUTES OF JULY 8, 1991 The Beaumont City Council met in a regular meeting on Monday, July 8, 1991, at 7:00 P.M., in the City Council Chambers, with Mayor Connors presiding. On roll call the following Council Members were present: MacNeilage, Parrott and Mayor Connors. Let the record show Council Members Leja and McLaughlin were 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. There were no adjustments to the agenda. 3. ORAL COMMUNICATION: Ms. Waunell Marlar, 261 Apex, Banning, California, addressed the Council, stating she, as an individual citizen, wanted to present a bouquet to Jan Leja thanking her for what she helped bring forth on the 4th of July. She said she had received no bad comments, and thought it was a tremendous celebration because of a lot of hard work. Although Ms. Leja said she made a lot of mistakes, as long as the crowd didn't know that, it was o.k. She continued that she wanted to thank Beaumont and will try to find Ms. Leja at home, since she is not at the meeting, in order to present the bouquet to her. 4. Authorization to Call for Bids for Playground Equipment at Stewart Park. The City Manager presented his report, with a recommendation for the Council to authorize the call for bids for the playground equipment at Stewart Park. A copy of Mr. Bounds' report is a matter of record in the Clerk's file. Council Member MacNeilage asked if CDBG funds could be used to pay for the City crew's time to install this equipment, with Mr. Bounds responding it could be, however, when the application was submitted the Council elected to go with the City paying for this time, in order to get more equipment for the dollar, and, also, the County would much rather that you use the money strictly for equipment and not labor. There were no other comments or questions from the Council. Motion by Council Member Parrott, second by Council Member MacNeilage, to authorize the City Manager to advertise for bids for playground equipment to be opened at 2:00 p.m., on August 13, 1991. AYES: Council Member MacNeilage, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council.Member Leja and McLaughlin. Page 1 Beaumont City Council July 8, 1991 5. Consideration of Bids Received for Sale of Surplus Weapons by Police Department. A report was received from the City Manager, a copy of which is a matter of record in the Clerk's file. His recommendation was for authorization to sell these weapons. Council Member Parrott commented that he had looked at the weapons, proposed to be sold to insure that the weapon which had been stolen from him was not included, with the City Manager assuring him none of these weapons were in the Police Department's possession as the result of a theft, but were weapons that were taken because they were used in the commission of a crime, or they had to be taken away from a person due to the judge determining there was a nuisance involved. Council Member MacNeilage wanted to know if the shotguns presently used by the department are old and worn out. The City Manager stated they are in very bad shape, and the police chief had originally requested new stocks for the existing shotguns, (to try to tighten them up and make them do until later), in the budget for this next fiscal year, however, they would much prefer to buy new weapons. He continued that the existing weapons are not abused, just old. He also pointed out the existing shotguns would be sold as well. Council Member MacNeilage then asked how many shotguns would be purchased, with the City Manager indicating he did not know the exact number at this time, however, it will not use up all the funds, with the remainder of the money staying as a credit for other purchases. There were no other questions from the Council. Motion by Council Member MacNeilage, second by Council Member Parrott, to authorize the sale of weapons to L & M Sports for $12,375.00 credit for Police Department purchases. AYES: Council Member MacNeilage, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Leja and McLaughlin. 6. RESOLUTION NO. 1991 -26 - Extending Memoranda of Understandings with 1 General Employees Unit of the Public Employees Association of Riverside County, Inc.; 2) the Beaumont Confederation of Police of the California Organization of Police and Sheriffs; 3) The Police Sergeants as Individuals; and 4) The Management and Administrative Employees as Individuals, Until 1991 -92 Negotiations Have Been Completed and New Memoranda of Understandings Adopted. The City Manager explained this resolution would merely assure the employees their salaries and benefits will continue until negotiations have been completed with each of the units, therefore showing good faith that even though the MOUs expired on June 30, the Council intends to continue those salaries and benefits at this time. There were no comments or questions from the Council. Motion by Council Member MacNeilage, second by Council Member Parrott, to adopt Resolution No. 1991 -26. AYES: Council Member MacNeilage, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Leja and McLaughlin. Page 2 7. MP Beaumont City Council July S, 1991 a. Report on Subcommittee Meeting to Establish the San Gorgonio Pass Area Economic Development Council. b. Consideration of Council Member Appointee to the Committee to Establish the Economic Development Council. (Continued from June 24, 1991). C. Consideration of Approving the Concept of a Non - Profit Economic Development Council. A report was received from the Assistant City Manager concerning the subcommittee meeting recently held. A copy of this report is a matter of record in the Clerk's file. It should be noted the subcommittee is asking only for conceptual approval of the establishment of a non - profit San Gorgonio Pass Area Economic Development Council, and not for the appointment of a City Council Member to the committee. Council Member Parrott said it appeared there was not much for the Council to do, with Mayor Connors clarifying the request is for approval of the concept, with no request for a Council Member to participate on the committee, stating further that her understanding of ex- officio member is that Councils and Chambers of Commerce that are in office are already members, but they are not voting members, and so forth. The City Manager indicated it should be noted he was required to include Item 7.b on the agenda since it was continued from the previous meeting, however, no action needs to be taken on that item in light of the report they have received tonight. There were no other questions from the Council. Motion by Council Member MacNeilage, second by Council Member Parrott, to approve the concept of establishing a non - profit Economic Development Council for the San Gorgonio Pass Area. AYES: Council Member MacNeilage, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Leja and McLaughlin. a. Consideration of Approving a Mission Statement, Philosophy, Code of Ethics and Operating Rules for the Senior Citizens Advisory Body. b. Authorization to Post Notice for Applications to Fill Five Vacancies on the Senior Citizens Advisory Body. The City Manager submitted his report to the Council, a copy of which is a matter of record in the Clerk's file. He added that the Council is also being asked to designate exactly what they wish the advisory body to be called, recommending that committee would be the best designation for an advisory body of this nature. There were no comments from the Council other than a recommendation that it be approved by Council Member Parrott. Motion by Council Member Parrott, second by Council Member MacNeilage, to: a. Approve the Mission Statement, Philosophy and Code of Ethics, and Operating Rules for the Senior Citizen Advisory Committee; and b. Authorize staff to post notices requesting applications for five (5) vacancies on the Advisory Committee; with the designation this advisory body shall be known as the Senior Citizen Advisory Committee. Page 3 Beaumont City Council July 8, 1991 AYES: Council Member MacNeilage, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Leja and McLaughlin. 9. ORDINANCE NO. 703 - Second Reading - Adding Chapter 8.40 to the Beaumont Municipal Code Supporting the Imposition of a Vehicle Registration Fee to Fund Implementation of Air Quality Management Plans and Provisions of the California Clean Air Act for Mobile Source Air Pollution Reduction. 10. Motion to Read Ordinance No. 703 by title only. Motion by Council Member MacNeilage, second by Council Member Parrott, to read Ordinance No. 703 by title only. AYES: Council Member MacNeilage, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Leja and McLaughlin. The ordinance was read by title only by the Deputy City Clerk. There was no discussion concerning this ordinance. Motion to Adopt Ordinance No. 703 at its second reading. Motion by Council Member MacNeilage, second by Council Member Parrott, to adopt Ordinance No. 703 at its second reading. AYES: Council Member MacNeilage, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Leja and McLaughlin. a. ORDINANCE NO. 704 - An Urgency Ordinance of the City Council of the City of Beaumont, California, Repealing Chapter 5.44 of the Beaumont Municipal Code and Adding to the Beaumont Municipal Code Chapter 5.44 Regulating the Conduct of Massage Services and Massage Establishments and Requiring the Issuance of a Permit Therefor, and the Licensing Thereof. b. RESOLUTION NO. 1991 -27 - Regarding Fees for Massage Establishments. The City Manager called attention to the fact that since two members of the Council are not present tonight, there would not be a four - fifths majority to hear this ordinance as an urgency ordinance. He advised further that if the Council were to decide to consider this a first reading, it would then have to come back for a second reading on July 22, then would not become effective for thirty days after that, which would cause additional delay for those applicants with applications pending at this time. He suggested the agenda item be continued to the next regular meeting, at which time it is expected all Council Members would be present. This would allow the ordinance to be considered as an urgency ordinance, and, if adopted, would become effective immediately. A poll of the Council revealed they all agreed a continuance was in order. Motion by Council Member Parrott, second by Council Member MacNeilage, to continue agenda items No. 10.a and 10.b to the regular meeting of July 22, 1991. AYES: Council Member MacNeilage, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Leja and McLaughlin. Page 4 Beaumont City Council July 8, 1991 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 City Council Meetings of June 10, 1991 and June 24, 1991, and Special Council Meeting of July 1, 1991. b. Approval of Warrants as Audited per Warrant List of July 8, 1991, in the amount of $186,573.09; and Payroll of June 20, 1991, in the amount of $74,301.90. C. RESOLUTION NO. 1991 -25 - Accepting Grant of Easement - Drainage, and Authorization for Recordation of Same. (Ehrlich - 90- PM -1). Motion by Council Member Parrott, second by Council Member MacNeilage, to adopt the Consent Calendar as presented. AYES: Council Member MacNeilage, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Leja and McLaughlin. Date set for next regular Council meeting, Monday, July 22, 1991, 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 7:35 p.m. Respectfully submitted, City Clerk Page 5 BEAUMONT CITY COUNCIL MINUTES OF SPECIAL MEETING JULY 1, 1991 The Beaumont City Council met in a Special Meeting at 7:03 P.M., on Monday, July 1, 1991, in the City Council Chambers, with Mayor Connors presiding. On roll call the following Council Members were present: Leja, MacNeilage, McLaughlin, Parrot and Mayor Connors. 1. Clerk's Affidavit of Posting. The Clerk's affidavit of posting the agenda was read into the record by the City Clerk. 2. Recess to Closed Session Pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally, and to which the City is a party. The title of the litigation is Beaumont- Cherry Valley Water District vs City of Beaumont, et al., Case No. 211456, Riverside Superior Court. The meeting was recessed to closed session at 7:05 P.M., and reconvened to regular session at 9:40 P.M. Let the record show the Council received information and reports from its attorney and the consultants which she has retained regarding this case. There being no further business to come before the Council, the meeting was adjourned at 9:41 P.M. Respectfully submitted, City Clerk BEAUMONT CITY COUNCIL MINUTES OF JUNE 24, 1991 The Beaumont City Council met in a regular meeting on Monday, June 24, 1991, at 7:00 P.M., in the City Council Chambers, with Mayor Connors presiding. On roll call the following Council Members were present: Leja, MacNeilage, 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 Attorney requested that a closed session be added to the agenda as an urgency item. The closed session would be for the purpose of pending litigation pursuant to Government Code Section 54956.9(a), with the case being City of Beaumont vs Bowie, Case No. 200647, Riverside Superior Court, for which the need for discussion arose after the agenda was posted. Motion by Council Member Leja, second by Council Member McLaughlin, to add Item No. 13 for a closed session for pending litigation to the agenda. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 3. ORAL COMMUNICATION: There were no requests to speak under oral communication. 4. Consideration of Claim filed Against the City by Victor K. Kezer. The City Manager presented his recommendation for denial of the claim based on the findings. Motion by Council Member McLaughlin, second by Council Member MacNeilage, 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 Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 5. Consideration of Approval of Memorandum of Understanding with Beaumont Unified School District Relative to the D.A.R.E. Program. A report was submitted by the City Manager, a copy of which is a matter of record in the Clerk's file, with a recommendation for approval of the Memorandum of Understanding. Page 1 20 Beaumont City Council June 24, 1991 Mayor Connors questioned the fact the name of the D.A.R.E. program is not written out, and also the item pertaining to providing a trained police officer as the D.A.R.E. officer. She felt the City would provide the police officer, and the School District would pay for the training. The City Manager explained the training for the D.A.R.E. officer was provided by the D.A.R.E. America organization at no cost, with Mayor Connors stating she thought the free training was only for the first year. The City Manager said he did not have a full copy of the D.A.R.E. America program, with Mayor Connors responding that she thought this should be checked into as her understanding was the first year only was paid for by D.A.R.E. America, and then the school district paid for the training from that time on. Mr. Bounds indicated he did know the school district must pay for any materials, but he had not heard that the training must be paid for. He continued that we would have to have a police officer on staff at the time they were sent to the training, and he felt that he would rather have that training under his control, so the City would have total control of the officer both in training and during the time they are working in the school district. Council Member Leja asked if there had been an evaluation of how well the D.A.R.E. program is working, with the City Manager replying they.felt it would take two years to truly evaluate the program, although it appears to be very good. The City Manager pointed out that to attempt the change the reference to the D.A.R.E. program in the MOU by spelling it out, meant it would have to go back to the school board for approval, and suggested it be changed next year. Motion by Council Member McLaughlin, second by Council Member Leja, to approve the Memorandum of Understanding between the City of Beaumont and the Beaumont Unified School District regarding the D.A.R.E. Program, and authorize the Mayor to execute same. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. a. RESOLUTION NO. 1991 -23 - Calling and Giving Notice of the Holding of a General Municipal Election to be Held in Said City on Tuesday, November 5, 1991 for Election of Certain Officers of Said City as Required by the Provisions of the Laws of the State of California Relating to General Law Cities; and Requesting the Registrar of Voters to Conduct the Election. b. RESOLUTION NO. 1991 -24 - Setting Forth Regulations for Candidates for Elective Office, Pertaining to Materials Submitted to the Electorate and the Costs Thereof, and Requiring Candidates for City Offices to Pay the Cost of Candidates Statements, for the General Municipal Election to be Held in Said City on Tuesday, November 5, 1991. Motion by Council Member Leja, second by Council Member MacNeilage, to adopt Resolutions No. 1991 -23 and 1991 -24. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. Page 2 Beaumont City Council June 24, 1991 7. ORDINANCE NO. 703 - First Reading - Adding Chapter 8.40 to the Beaumont Municipal Code Supporting the Imposition of a Vehicle Registration Fee to Fund Implementation of Air Quality Management Plans and Provisions of the California Clean Air Act for Mobile Source Air Pollution Reduction. Motion to Read Ordinance No. 703 by title only. Motion by Council Member Leja, second by Council Member McLaughlin, to read Ordinance No. 703 by title only. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. The ordinance was read by title only by the Deputy City Clerk. Mayor Connors questioned where the remaining 600 of every dollar went, since the City was receiving only 400, with the City Manager explaining the remainder goes to the South Coast Air Quality District, as it will cost them considerably more than 600 on the dollar to do what they have to do. Mayor Connors pointed out that if this ordinance is not adopted, the funds will then go to other cities and counties rather than to the City of Beaumont. It was noted by the City Attorney that the ordinance should be corrected to reflect section numbers where the A., B., C., are shown, in other words, Sections 8.40.010, 8.40.020, 8.40.30, etc., in order to follow the format of the municipal code. Mayor Connors also asked a question regarding why they were allowed to select the auditors rather than the City, with the City Manager explaining the purpose of this provision. Council Member Leja wanted to know how the Board of the South Coast Air Quality District was made up, with the City Manager advising it is made up of appointments by the Governor, with two cities represented. At the present time the supervisor for our district is the Chair for this board. Motion to Approve Ordinance No. 703 at its first reading. Motion by Council Member McLaughlin, second by Council Member Leja, to approve Ordinance No. 703 at its first reading. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 8. ORDINANCE NO. 704 - An Urgency Ordinance of the City Council of the City of Beaumont, California, Repealing Chapter 5.44 of the Beaumont Municipal Code and Adding to the Beaumont Municipal Code Chapter 5.44 Regulating the Conduct of Massage Services and Massage Establishments and Requiring the Issuance of a Permit Therefor, and the Licensing Thereof. Motion to Read Ordinance No. 704 by title only. Motion by Council Member Leja, second by Council Member Parrott, to read Ordinance No. 704 by title only. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. Page 3 Beaumont City Council June 24, 1991 The ordinance was read by title only by the Deputy City Clerk. The City Manager said he was contacted by one of the local chiropractors concerning whether or not the people who are hired by chiropractors to do massage work in their office would be regulated by this ordinance. He called attention to Page 2 of the Ordinance, 5.44.020, which lists exemptions for all of the healing arts, duly licensed by the State, from the provisions of the ordinance, and this includes chiropractors. Chief Mitchell White addressed the Council, explaining the changes which were made from the existing ordinance for inclusion in this new ordinance, pointing out the old ordinance is 20 years old and updating was needed. He also pointed out much of this new ordinance follows the County ordinance regulating massage establishments. A number of questions were asked by Mayor Connors concerning certain sections of the ordinance, with answers and explanations given by Chief White. Building Inspector Kent Hall presented explanations concerning changes which were made relative to the facilities in which massage establishments could be operated. There were no questions from the Council. The City Manager noted a conflict in the ordinance which indicated both the City Clerk and the Chief of Police issuing the permit, feeling this should lie with the Chief of Police. Mayor Connors then questioned why the City Clerk was the person designated by this ordinance, feeling this was not appropriate since the City Clerk is an elected position. The City Manager indicated he would have no problem with the Chief of Police being the person designated by this ordinance to oversee the issuance of permits for massage establishments. The Council spent considerable time discussing the provisions of the ordinance. Margot Tungate, 13129 American, whose husband is a chiropractor, and in whose office she provides massage services, spoke to the Council expressing her concerns regarding the impact of this ordinance on their office. It was again explained that chiropractors are exempt, along with other health professionals. Larry and Trini Moore, 1212 Pennsylvania, addressed the Council at length, questioning many of the provisions of the ordinance. As a result of their questions, it was determined the fees would be $200.00 for each permit fee, and $50.00 for each masseur, and that the over -18 requirement would apply only to massage technicians, not office personnel. There was a suggestion by the City Manager that the ordinance provide fees be set by resolution, and that a resolution be brought back to the Council at the next meeting setting the specific fees. It was determined that a resolution would be brought back setting the fees. It was clarified for the City Attorney that the Chief of Police would be the person designated to oversee the issuance of these permits. Due to the number of minor revisions, which were noted by the City Attorney, it was suggested the ordinance be revised and brought back to the Council at the July 8 meeting. Page 4 Beaumont City Council June 24, 1991 Motion to Adopt Ordinance No. 704 as an Urgency Ordinance at its first reading. Motion by Council Member McLaughlin, second by Council Member Leja, to continue this agenda item to the regular meeting of July 8, 1991. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 9. Report on Plans for July 4, 1991 Celebration. Council Member Leja presented a verbal report concerning the July 4 celebration, as follows: They are proceeding with this being the official day of celebration as ordered by President Bush, and it will be an All- American celebration. The evening will begin with a country western band called Second Time Around, who feature country western swing type music. They have their original material, and are very good. They are presently negotiating for a record label. Following that will be the welcome home and salute to the armed forces, which will be a salute to all veterans of foreign wars, with no war taking precedence over the other. This will be set up in an olympic style setting, since this is in the football stadium - not a parade. There will be an honor guard, as well as the national anthem being sung. The MC for the evening will be Matt Russo, who does an excellent job. Plans are being finalized for fly -bys by some of the air force units in the area, subject to approval by the FAA, including a fighter fly -by with the missing man formation, at which time there will be a moment of silence to honor the POWs and the MIAs, and those who have fallen in the service of their country. The next portion of the evening will include performances by the Penguins, the Crests, the Shirelles and the Drifters. Following the pre -show activities, the fireworks will begin. The fireworks display is entitled "Proud to be an American" and will be accompanied by music and a narrative, including Whitney Houston's rendition of the National Anthem, and Lee Greenwood's Proud to be an American. At the conclusion there will be a taped message from President Bush. There will be concessions throughout the area, emphasizing an All- American flavor (apple pie and ice cream, etc.). Presently the time set for this to begin is 5 :30 p.m. Mrs. Leja concluded her presentation with information that she is to discuss advertising with the local newspapers on Tuesday, and has scheduled a meeting with Police Chief White to discuss traffic and security. She also informed the Council the event is being sponsored by corporate sponsors, in order that the people of the community can enjoy this event free of charge, and they will receive advertisement from the event. She then asked for comments or suggestions from Council Members. Page 5 Beaumont City Council June 24, 1991 Mayor Connors asked what the total budget was for all this, and where was the money coming from. Council Member Leja advised it would be funded by corporate sponsors. Mayor Connors then asked how much had been raised, and have the expenses already been taken care of, with Council Member Leja replying that most of it has been taken care of. Mayor Connors wanted to know if there will be any type of a shortfall, with Council Member Leja responding in the negative. Council Member McLaughlin said his understanding was the City was paying for the fireworks, with Council Member Leja stating it was her understanding the night the fireworks was discussed is the cities would help supply the funds for the fireworks, as well as a foundation they have gone through in the past. What has happened now is a possible shortfall from the foundation, so any extra monies that are raised for the concert will go to cover the fireworks as well. She is hoping to finance the entire event through private funds. The City Manager pointed out that one of the problems is it is not the two cities, but the City of Beaumont and the Banning Chamber of Commerce, and the Banning Chamber of Commerce does not have the money to pay their half of the fireworks, and must raise that money. Mayor Connors asked if the fireworks only was a joint effort, and the pre -show not a joint effort, with Council Member Leja stating she has been working very closely with the Banning Chamber of Commerce for the entire event. Mayor Connors questioned where the funds are being placed once they are collected, with Council Member Leja advising there an account set up specifically for fireworks and concert fund, and they identify on the check if they intend it to go to the concert or to fireworks, or to both. Any extra money would be carried over toward next year's expenses. Mayor Connors then asked if the apple pie and ice cream booth is all set, and if so, who will be doing that. Council Member Leja indicated the Rainbow Girls will have this booth. Mayor Connors continued with a question concerning whether or not the honor guard and bands were already set, with Council Member Leja answering in the affirmative. Council Member Leja then asked if all this needs approval from the City Council. Mayor Connors responded that she felt the City Council should be kept informed regarding what is happening and what is going on for the pre -show and the fireworks, and that is the reason she has some questions - and the reason she appears to be confused is because there was an article in the paper the end of last week saying that the fund raising was going slowly, and they were falling short. Council Member Leja said at that time that was the case, as when Ms. Marlar submitted it to the paper, she was looking at simply the fireworks, and when the article was submitted that was the case. She continued that it doesn't hurt for people to keep giving money so the entire event can be paid for by private funds, and not have to ask the cities for any money. Mayor Connors commented that was exactly what the City wanted to have happen. Council Member McLaughlin wanted to know who would be responsible in case the funds fall short, with Council Member Leja stating she would be responsible. Page 6 Beaumont City Council June 24, 1991 Council Member Leja continued that at the time the fireworks was discussed, and she volunteered to do the job, it was not an official direction by the City Council, and she was not aware that she would have to give full reports and financial reports. She is, however, taking every precaution to protect everyone, including the cities, and she gave it considerable thought when she started looking for bands and performers to make this an exceptional 4th of July rather than the average 4th of July, knowing there would be a risk, and agreeing to take the risk herself and not to burden the cities. Mayor Connors wanted to know if the committee in Banning has been told that the snack bars are in place, and who will be manning them, and has been told how much has been raised, and the information concerning the color guards and the bands. Council Member Leja responded they have been given most of the information, although the person she has been working with was out of town this weekend and today when she attempted to contact her to finalize the information, and asked if there was something in particular that Mayor Connors wanted to know. Mayor Connors said some of these questions apparently were questions the committee in Banning had themselves, and there seems to be some miscommunication somewhere, with Council Member Leja replying they have her telephone number, and she does have a meeting scheduled with the person she has been working with. Mayor Connors continued that the reason this came up on the agenda was she felt the Council would like to know exactly what is happening, and, as is evident, a lot of information has been given tonight that the Council was not aware of, and if there had been a problem involving money, this is the last Council meeting prior to the 4th of July. Council Member Leja pointed out it was her understanding from the City Manager that the only item which expenditures had been authorized for were the fireworks, and she could certainly emphasize to the sponsors that the monies they have promised could be just for the concert, not for the fireworks, and let that burden fall on the City, but she would prefer not to do this, and she is trying to cover the expenses for the entire event. Council Member Parrott said he thought the Council should commend Mrs. Leja for doing a good job. At the conclusion of this discussion, Council Member Leja stated she felt in the future there should be a volunteer group who would handle the 4th of July celebration so the City can continue to make this bigger and better each year. In that manner it would be more directed, since this year we were caught short, and all the direction was not in place. In that way one person would not accept the financial risk. She pointed out that next year was the 75th anniversary of the County of Riverside and the following year is the 75th anniversary of the Cherry Festival, so there is plenty of time to plan special celebrations. 10. Consideration of Council Member Appointee to the Committee to Establish the Economic Development Council. Mayor Connors called attention to Council Member L e j a I s memorandum in the agenda packet, and called on Council Member Leja for comments. Council Member Leja reported that on June 17 she attended a meeting of local businessmen and government officials, from Banning and Beaumont, and representatives from the Riverside Economic Development agency, to discuss the concept of a committee to discuss the San Gorgonio Pass Economic Development Council, which is a non - profit benefit corporation. Page 7 Beaumont City Council June 24, 1991 She reported further that at the.meeting the committee requested there be a representative from the City of Beaumont City Council to be part of the formation committee. She explained that what an economic development corporation does is work as a consolidated effort, supported by private industry rather than government funds, to recruit industry and manufacturing to an area. Additionally, she advised that the organizers decided there would be a greater benefit, and be more receptive to businesses outside the area, if it were approached in a consolidated effort to recruit business and jobs into the San Gorgonio Pass Area. There was discussion to include other communities in this organization, and one of the things the advisory committee would be doing is to help establish ground rules, or at least have some type of input regarding what will be affected with the private industry council. Mayor Connors stated she has established that it is a private organization, and she spoke with some of the people who attended the meeting. She was informed that the Council Member appointee would be there for purposes of receiving information so the City Council would know what was going on in that committee, rather than being a voting type of position. She continued that the meeting on Friday, June 28, is a meeting to write by -laws, and draw a budget for that group. Her feeling was that the appointment, if it is decided to appoint a Council Member, should be made after they have completed their by -laws and budget, and the Council has the opportunity to review these by -laws and budget. Then the City could begin working with them, so the City is not involved in the establishment of a private group, as there could be a problem later on with having helped to establish a budget for someone else. She pointed out the next meeting is this Friday, and the next Council meeting is only two weeks from now, and she would like to see this item continued to that meeting, to consider the appointment at that time, so the Council can see what the committee's direction is going to be before a decision is made. Council Member Leja said it would be a non - voting member, so she was confused on how the City would be charged in helping them set up the budget and the by -laws. The City would simply be having input, which she thinks would be vital, rather than two months from now, after it is completed, then saying we don't like this or that, and don't want to be a member. That would appear to be cutting off our nose to spite our face. Discussion followed concerning the two viewpoints, with Council Member Leja asking the Assistant City Manager her feeling, since she had also attended the meetino. Ms. Overstreet stated she thought what the Banning representatives were asking more than anything, was to open communication as to what the City of Beaumont's feelings were toward going together and marketing the approach. So far as the specifics, if the Council's directive is that they would really feel more comfortable waiting, that would be fine, as she thinks the call right now is just to communicate between the groups, and to see if the City of Beaumont is open to the idea. She continued that the meeting on Friday was primarily for the purpose of seeing if there was support from Beaumont to go together to market the Pass area. Mayor Connors said she would have no problem, if the City Manager agrees, for a staff member to attend the meeting for informational purposes, although she is sure there would be no Page 8 11. Beaumont City Council June 24, 1991 problem in getting open communication with them regarding what occurs at the meeting, and what the by -laws and budget will be. She added that would keep the City from committing themselves that thoroughly, and give the City a chance to find out more about it before a decision is made. Council Member Leja stated that at the time she clarified their proposal they said it was simply for there to be a liaison between the City and the group who were forming this organization, in order to have the City's input at the very beginning. At that time she told them she would certainly assume that - and they shouldn't assume that she spoke for the Council - that the City just simply needs to have input and an open communication line and a liaison, and she does not see the City compromising themselves. Mayor Connors said she didn't see a problem there either, so long as the City allowed them to form first and give the City some idea what their thoughts are, so the City knows exactly where they are heading. Council Member McLaughlin agreed that he feels the same way, providing that the City Manager has no objection, that the City's representative is just there to observe and offer input, and he feels the City should wait before an appointment is made by the Council until the basic groundwork is completed and the City Council knows more about what they have in mind, and where they are headed. He emphasized he felt that would be the wisest way to go, since the meeting of July 8 isn't that far away and will not prolong the decision to any great degree. The discussion continued, with Council Member Leja presenting her argument substantiating her request to make the appointment at this meeting, and Mayor Connors restating her opposition to making the appointment at this Council meeting. Mayor Connors asked if there was additional discussion, and when there was none, asked if there was a consensus to continue this item until July 8. Motion by Council Member Parrot, second by Council Member McLaughlin, to continue this agenda item until July 8, 1991. AYES: Council Member McLaughlin, Parrott and Mayor Connors. NOES: Council Member Leja. ABSTAIN: Council Member MacNeilage. ABSENT: None. MOTION CARRIED. Request from Council Member Leja for Consideration of Calling a Special Meeting. Council Member Leja presented her request, stating she is asking the Council to call a special meeting similar to one held previously, for the purpose of dealing with planning, administrative procedures, fiscal planning, and establishing goals. She thought it would be very important to also include all department heads in this meeting, so if there are any questions the Council can get an immediate answer that day, and to allow the department heads to see the direction the Council is going in certain areas, as there have been problems in the past with the department heads knowing what the direction of the Council is in order to pursue those directions. She reiterated she thought a meeting of this type would be a good way to discuss their goals for the City, as well as their fiscal planning which should help the City Manager as he works toward putting the department budgets together for this next year. Mayor Connors asked for comments or questions from the Council, with Council Member Parrott stating he saw nothing wrong with Page 9 Beaumont City Council June 24, 1991 the suggestion, and Council Member McLaughlin indicating it was fine with him. Mayor Connors then questioned when Council Member Leja said planning and administrative procedures, did she mean the way the City is functioned or set up. Council Member Leja said it was basically to leave that open so there is nothing excluded in case there are certain questions on procedure, such as when citizens call them at home, are they to call the City Manager, or do they call the department, as well as any other administrative procedures. any other Council Member might deem necessary to bring up. Mayor Connors pointed out some of this procedure is covered in the City Code, and asked if she was thinking of the possibility of changing some of those codes. Council Member Leja said that was always open for debate and is the reason she thought it was important to bring this to a special meeting so that it can be discussed openly and above the table. Mayor Connors asked what fiscal procedures were, with Council Member Leja answering this would be fiscal planning for the City, dealing with the budget. Mayor Connors pointed out there were budget hearings normally scheduled for this purpose, with Council Member Leja acknowledging she knew that, but by that time the City Manager had already done a lot of work towards presenting a budget package, and in this manner by discussing goals and direction, the Council can also discuss budget that could be needed for those certain areas. Mayor Connors continued to question how this would differ with the normal budget hearings, with Council Member Leja indicating when the agenda is drawn up for publication it will include the necessary detail, and she feels by leaving it open it would allow the Council to discuss goals for the City and the budget that is required for those goals, the needs, and also realizing whether there is affordability and where there is not, so it can be discussed that day and not waste staff's time after this meeting to prepare reports and delay the budget process. Mayor Connors asked for clarification that Mrs. Leja wants Council Members to submit items to be included on the agenda as they did previously, and were these to be restricted to administrative procedures, fiscal planning and goals, or could they add anything in general. Council Member Leja answered that it could just be left as a special meeting and make a requirement that department heads be present at this meeting for both information and input. Council Member MacNeilage indicated that since he was the "new kid on the block" it would help him a lot to understand the budget, and to get to know the department heads and understand where the City's money goes, and to come together with some common goals with not only department heads, but including the planning commission, and Mr. Dotson, the City Engineer. Mayor Connors felt it was important for staff to know what type of information the Council will be seeking, so they can be prepared, with Council Member Leja saying that would be possible by the submitting of ideas from the Council, and the department heads should be able to furnish information that day, for example, if they asked about a neighborhood watch program. Council Member Leja continued, that to her, everything works Page 10 Beaumont City Council June 24, 1991 together, you have goals, you have direction, you have budget, and you have to address all that together. What she is simply trying to do is become better, more informed, Council Members, by knowing the correct procedure and who to ask for information by knowing who is responsible, or so they can explain something to the Council since they are the department heads in their particular fields. The City Manager asked if Mrs. Leja was thinking in terms of having a preliminary budget prior to the meeting, with Mrs. Leja indicating shortly thereafter, stating further she was not trying to rock the boat, she just wanted the Council to be better informed so there is no question about the direction of Council, and the goals that they have established for this City, and it appears a special meeting such as this would help clarify those areas. After some discussion concerning the availability of everyone for a date for this meeting, the date of Saturday, July 27, 1991, was agreed upon. There was also discussion concerning exactly who should attend this meeting in addition to the City Council. Motion by Council Member McLaughlin, second by Council Member Leja, to set the date of July 27, 1991, at 10:30 a.m., in the City Council Chambers, for a special meeting of the City Council, to include the Planning Commissioners, all Department Heads, the City Attorney and the Assistant City Manager, with all Council Members to submit their suggested agenda items to the City Manager by July 15. AYES: Council Member Leja, and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. MacNeilage, McLaughlin, Parrott 12. CONSENT CALENDAR - All Items Listed Under the Consent Calendar are considered to be routine by the City Council and will be approved on one motion. There will be no separate discussion of these items unless a Council Member or Citizen so requests, in which case the item will be removed from the Consent Calendar and considered as a separate item. a. Acceptance of Minutes of Regular Planning Commission Meeting of May 21, 1991. b. Approval of Warrants as Audited per Warrant List of June 24, 1991, in the amount of $530,697.11; and Payroll of June 6, 1991, in the amount of $70,354.68. C. Report Concerning the Establishment, Implementation and Maintenance of an Injury and Illness Prevention Program as required by Cal -OSHA. d. Report Concerning Installation of Stop Sign at Intersection of First Street and Maple Avenue by CalTrans. A request was received from Mr. Charles Ware that Item No. 12.e be removed from the consent calendar for separate discussion. There was no objection from the Council to remove Item No. 12.e from the consent calendar. Motion by Council Member McLaughlin, second by Council Member MacNeilage, to adopt the consent calendar with Item No. 12.e removed. AYES: Council Member Leja, and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. MacNeilage, McLaughlin, Parrott Page 11 Beaumont City Council June 24, 1991 12.e. Report of Planning Commission Action at Meeting of June 18, 1991. Mr. Charles Ware, of Aware Development, asked to address the Council relative to Tract Map 25272, which was returned to the Planning Commission on June 18, 1991, and continued by them to August 20, 1991. Mayor Connors advised Mr. Ware the Council could not discuss an action of the Planning Commission simply by his asking to speak on the report of the Planning Commission, as the only discussion could be concerning the report itself. She then asked Mr. Ware if he was talking about an appeal of the Planning Commission action, and if so, he would have to file an appeal. Mr. Ware advised he had asked for a form or terminology for filing an appeal, and he was informed by Mr. Koules there was none. The City Attorney explained that Mr. Koules did discuss this item with him, and the difficulty is there has been no action taken by the Planning Commission. Procedurally, they have continued the matter for additional consideration for sixty days, but they have not acted - they have neither denied or approved, nor made any kind of a recommendation to the City Council - on this item. All they have done is continue the matter, so there is nothing to appeal at this time. Mr. Ware asked the Council to direct the Planning Commission tc make a decision and not wait for sixty days, as it is creating a financial burden on him. The map was previously approved in May, and it was then sent back to the Planning Commission in June. The City Attorney stated that procedurally, recognizing it is on the agenda, it needs to be indicated that the reason why this was forced to go back to the Planning Commission was because the City became aware that the State mandated notice requirement had not been met, because the applicant did not provide the proper mailing labels, as approximately two - thirds of the individuals which should have been noticed had not been noticed, so there was not a valid action. As a result it is as if it has been started over because there had been a void action for improper notice. Mr. Ware called attention to the fact that at this second hearing, when everyone had been notified, there was no opposition to the project. The City Attorney pointed out it was still within the prerogative of the Planning Commission to continue an item for additional information and consideration, and the item was before the Planning Commission as if it was there for the first time, and the Planning Commission has the authority, even if there is no opposition from the citizens, to analyze and make a decision. Not only do they have the authority, but they have the responsibility to do that. Mayor Connors read the action of the Planning Commission, as shown in the report, which was to continue the item until August 20 to allow staff to study the issue of providing park and open space areas in the general area from Cougar Way to Brookside, asking if that was not correct, with Mr. Ware answering that was correct. Mayor Connors indicated the report is all which can be discussed tonight because of the Brown Act, and if the report is correct nothing else can be discussed. The City Attorney stated, apparently, the issue is Mr. Ware's desire to appeal, but there is nothing which can be appealed since no action was taken. Page 12 Beaumont City Council June 24, 1991 Mr. Ware again asked if the City Council could direct the Planning Commission to take an action on the item, with the City Attorney stating that item is not on the agenda. The report is the only item that is in front of the Council, and either additional information could be requested, or a request that an item regarding that subject be placed on a future agenda, but nothing can be discussed tonight other than the report. Mr. Ware requested the Council to bring his request up at the next meeting. After discussion relating to the time frames involved in placing Mr. Ware's request on the next Council agenda, which would be July 8, and then returning any recommendation to the Planning Commission, who would then have to notice a hearing, it appeared no time would be saved, therefore, it was the consensus of the Council to allow the matter to proceed as continued by the Planning Commission. Mr. Ron Whittier, one of the partners on the Aware project, addressed the Council, adding his request to have the matter heard at an earlier date by the Planning Commission. It was pointed out to Mr. Whittier that he was arguing the case of the tract map, which was not acceptable since it is not on the agenda. Motion by Council Member MacNeilage, second by Mayor Connors, to accept the report of Planning Commission action at the meeting of June 18, 1991. AYES: Council Member MacNeilage, McLaughlin and Mayor Connors. NOES: None. ABSTAIN: Council Member Leja and Parrott. ABSENT: None. Discussion returned to the time the special meeting will be held since it has been determined that S.H.A.R.E. would be in the building on July 27, with a consensus of the Council to change the time from 9 :30 a.m. until 10 :30 a.m. Let the record show the motion setting the date of this special meeting reflects this change in time, as requested by Council Member McLaughlin, who made the motion. 13. Recess to Closed Session Pursuant to Government Code Section 54956.9(a), to confer with its attorney regarding pending litigation which has been initiated formally and to which the City is a party. The title of the litigation is City of Beaumont vs Bowie, Case No. 200647, Riverside Superior Court. Let the record show the meeting was recessed for five minutes at 9:50 p.m., recessing to closed session at 9 :55 p.m. The meeting was reconvened to regular session at 10:22 p.m. Let the record show direction was given to the attorney regarding the above - entitled case, City of Beaumont vs Bowie. Date Set for Next Regular Council Meeting, Monday, July 8, 1991, at 7:00 P.M., in the City Council Chambers. There being no further business to come before the Council, the meeting was adjourned at 10:23 P.M. Respectfully submitted, City Clerk Page 13 BEAUMONT CITY COUNCIL MINUTES OF JUNE 10, 1991 The Beaumont City Council met in a regular meeting on Monday, June 10, 1991, at 7:00 P.M., in the City Council Chambers, with Mayor Connors presiding. On roll call the following Council Members were present: Leja, MacNeilage, 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. The City Manager called attention to the fact that Agenda Item No. 6, which is shown as being withdrawn, had to be on the agenda due to the fact that a notice was published, as well as mailed to some of the property owners adjacent to the project. After this notice had taken place, it was found that the developer's engineering office had only furnished mailing labels for a portion of the 300 foot radius of the property. As a result, the Planning Commission notices had been mailed only to this partial list. In order for the Planning Commission to properly hear the project it must be renoticed for hearing before the Commission and forwarded to the Council after their hearing is completed. This project has been renoticed for hearing before the Planning Commission at their meeting scheduled for June 18, and will come back to the Council at a later date. 3. ORAL COMMUNICATION: There were no requests to speak under oral communication. PUBLIC HEARINGS - 7:00 P.M. 4. INTENT TO ADOPT NEGATIVE DECLARATION 91 -ND -9 - Applicant: Calvary Baptist Church. Location: 1252 Beaumont Avenue. Proposed addition of temporary triple wide modular rooms for recreational (multi - purpose) use (approx. 1,560 sq. ft. on two acres) as an addition to an existing church complex. (91 -PUP- 1). The staff report was presented by Stephen Koules, Director of Community Development, with a recommendation for adoption of the negative declaration from the Planning Commission. This report is a matter of record in the Clerk's file. The public hearing was opened at 7:05 P.M. Mr. Max Buchanan, the engineer for the project: I am the engineer for the project. Also with us tonight we have the pastor and two church members. We have read the conditions of approval and we agreed to comply with them. We are here to answer any questions that anybody might have on the project. Mayor Connors: Does anyone wish to ask a question. No. Thank you. Is there anyone else wishing to speak in favor of Item No. 4. Anyone else wishing to speak in favor. Is there anyone Page 1 wishing to speak in opposition to Item No. speak in opposition. Anyone wishing to wishing to speak at all on Item No. 4. We hearing. The public hearing was closed at 7:07 P.M. _eaumont City Council June 10, 1991 4. Anyone wishing to speak at all. Anyone will close the public Mayor Connors asked Mr. Koules in what context are the buildings considered temporary as she sees a review in five years, which is a long time for something that is temporary. Mr. Koules responded that the purpose was two -fold, one being the building itself, but all conditional use permits and public use permits should be reviewed periodically, as that is good practice, and the City has been adhering to that. When the applicant came in they first talked about a temporary building, but it is a substantial investment, and the Planning Department felt five years was a reasonable time. Mayor Connors then asked if they were planning to remove it at some point, or is it just the kind of building that is considered temporary. Mr. Koules replied that he thought the investment would make it run for several years, but he did not know what their intention is, as they did not balk at the requirement that the public use permit be reviewed in five years. Mr. Buchanan indicated the church is working with a very limited budget, and they had the opportunity to get these two multi- purpose buildings from HUD, giving them the opportunity to provide an area to get their young people indoors and start some more programs. The church would like to build a permanent building, however, they need to get additional funds in the bank, and then look at it again in the future. Although there will probably be more work at this site, at this time they are just looking at the two multi - purpose rooms to get them operational. At Mayor Connors' request, Mr. Koules displayed the plot plan for this project, explaining the details of the plan. There was no other discussion or comments from the Council other than to express they were in favor of the project. a. Consideration of Adoption of Negative Declaration 91 -ND -9 based on the findings. Motion by Council Member MacNeilage, second by Council Member Parrott, to adopt Negative Declaration 91 -ND -9 based on the findings. AYES: Council Member Leja, and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. MacNeilage, McLaughlin, Parrott 5. TENTATIVE PARCEL MAP 27045 (91- PM -1). Applicant: LNC Properties Ltd, No. 27 /Premier Homes. Location: Bounded on the south and west by 8th St. and I -10, on the north by Florence St and Marshall Creek, and on the east by Elm Ave. The proposed division of 176 acres into five (5) parcels (each greater than 20 acres). Prior Tract Map, Specific Plan and EIR approvals have been received on this project. This request will phase the project by proposing a five parcel overlay on the prior approval of 89 -TM- 3. Mr. Koules presented the staff report, a copy of which is a matter of record in the Clerk's file. His staff report included a recommendation from the Planning Commission for approval of this tentative parcel map. Page 2 eaumont City Council June 10, 1991 The public hearing was opened at 7:17 P.M. Curt Ensign, Premier Homes: Thank you Mayor and members of the City Council. My name is Curt Ensign of Premier Homes, 1787 West Pomona Road, Corona. Premier has had an opportunity to review the conditions of approval and concurs with staff, and what I would just like to do at this point is make myself available for any questions. Mayor Connors: Are there are questions of Mr. Ensign. Thank you. Is there anyone else wishing to speak favor of Item No. 5. Is there anyone wishing to speak in opposition to Item No. 5. Anyone wishing to speak in opposition. Anyone wishing to speak at all on Item No. 5. Anyone wishing to speak at all on Item No. 5. We will close the public hearing. The public hearing was closed at 7:18 P.M. Council Member Leja asked in the breakdown of phases were there specific lot sizes that will be phased in - will it be progressive as far as lot sizes, or how does the development break down. Mr. Koules indicated the tract map that received tentative tract approval was for 600 lots with a minimum of 7,000 sq.ft. He displayed the tract map, stating he had not drawn the five parcels as an overlay on this map, then pointed out certain details on the map. He advised what this parcel map does is make it into five separate parcels, but nothing can be done until the tract map records. Council Member McLaughlin wondered if there was any choice as to which parcel will be started with, with Mr. Koules replying the phasing has not been identified as far as City staff is concerned, continuing that the improvements are such that the backbone would have to be built out, and as each recordation is made (Mr. Koules is speaking away from the microphone, and his voice is not carrying through at this point in the discussion). Mr. McLaughlin then asked if each phase would be built completely out, or would there be a partial build -out in one, and then a partial build -out in another. Mr. Ensign stated the intent is to start from the east and phase the project towards the west, and intent of the parcels is not so much the timing as it is the opportunity to bring in another builder in addition to Premier Homes, that can diversify the product. With 600 lots, and in this marketplace, they do not think they can build 700 of the same type home and market them. By parceling this, it will give them the opportunity to bring in two or three additional builders, with Premier Homes being the master builder, and set up the standards as a master planned community, with Premier building certain of the parcels, and the other parcels being built by other builders, giving a different product and design. Premier would still be active as the lead developer, and setting standards. Mr. Ensign continued that at this time they have not had the opportunity to show Mr. Koules some of the concepts of the master plan, and the fact that this will be treated as a master planned community and not just one sprawling subdivision. This is just the first step in that process. Mayor Connors asked for clarification regarding the 20 acre park, with Mr. Koules explaining the 20 acre park is split between this project and the adjacent property. Council Member Leja asked at what time the park would be developed, with Mr. Koules indicating he would have to look at the conditions, but he thought it would be developed early when the streets go in and the infrastructure goes in, but he would Page 3 - eaumont City Council June 10, 1991 need to look at the conditions to verify that. He did think the City had that option before the tract map records, however the City Attorney stated it did not appear to be dealt with in the conditions of approval. There was no other discussion from the Council. a. Consideration of Approval of Tentative Parcel Map 27045. Motion by Council Member McLaughlin, second by Council Member Leja, to approve Tentative Parcel Map 27045. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 6. TENTATIVE TRACT MAP 25272 (90- TM -1); NEGATIVE DECLARATION 91- MND-1; and Mitigation Monitoring /Reporting Program 91- MMP -4. Applicant: Charles Ware. Location: North side of Cougar Way, approx. 2,000 ft east of its intersection with Beaumont Avenue. 7. NOTE: THIS AGENDA ITEM HAS BEEN WITHDRAWN. The reason for withdrawal of this agenda item was explained under Agenda Item No. 2, Adjustments to Agenda. END PUBLIC HEARINGS Request from Mr. York Batement to Use City Property for Model Airplane Flying Site. The City Manager presented his staff report, a copy of which is a matter of record in the Clerk's file. Mr. David Anziano addressed the Council as a representative of the Model Airplane Flying Club, asking for approval of this request. There was lengthy discussion during which numerous questions were asked of Mr. Anziano by the Council. Motion by Council Member McLaughlin, second by Council Member Parrott, to approve use of the City property for a model airplane flying site. AYES: Council Member Leja, and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. MacNeilage, McLaughlin, Parrott Following the motion, the terms of the lease were discussed in depth, with the Council directing the City Attorney to prepare a lease to include 1) a requirement for signage restricting the use to AMA members at the entrance on 4th Street; 2) hours of use being 8:00 a.m. until dusk; 3) waive the sign permit and fee; 4) rental charge of $1.00 per year for one year with option to renew; 5) youth under 18 must be accompanied by an adult; 6) a thirty day cancellation clause for any reason; 7) prohibit charging for use of land. An insurance binder naming the City of Beaumont as an additional insured is to be submitted to the City Attorney. Consideration of Claim Filed Against City By Brian Jay Hershey, Jr. The City Manager presented a recommendation for rejection of the claims based on the findings. Page 4 a Beaumont City Council June 10, 1991 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 without extensive discovery. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. The meeting was recessed at 7:59, reconvening at 8:07 p.m. a. Request from Council Member McLaughlin for Reconsideration of Second Reading of Ordinance No. 701. Mayor Connors opened Item No. 9.a by requesting Council Member McLaughlin to address his request. Council Member McLaughlin said he thought perhaps all members should be in harmony with the decisions made, and since there was controversy the matter should be brought back before the body and discuss some of the things that needed clarification. Mayor Connors asked if there was any objection to Mr. McLaughlin's request, with Council Member Leja asking if a vote would be taken and if the Council could get a statement from the developers regarding what has occurred so far as the reason why there was a delay, or why what they told the Council was different from what actually occurred. Mayor Connors felt it would be more appropriate to hear that at the time the reconsideration is discussed, provided the request to reconsider is granted-. Motion by Council Member McLaughlin, second by Council Member MacNeilage, to grant the request to reconsider the second reading of Ordinance No. 701. Following the motion, Council Member Leja requested clarification of the parliamentary procedure for what they are doing, asking if they are voting to reconsider the second reading, with the City Attorney responding they would be voting whether or not to reconsider the second reading, explaining further that when an item passes, Roberts Rules provides that someone voting in favor of the motion can bring the request for reconsideration within the day of the meeting, and this has always been interpreted to mean a 24 hour time period. The request was brought the next morning, and filed with the City Clerk. Council Member Leja then asked if she was wrong that Roberts Rules provides that debate then occurs on the motion for reconsideration first before a vote is taken, with the City Attorney agreeing there could be discussion concerning the motion itself . Mrs. Leja said in regard to the motion that is in front of the Council, she would like a response from Mr. Carvelli, with Mayor Connors pointing out that when there is a motion on the floor, the discussion would come from the Council. The City Attorney agreed it would be the Council who would be discussing the motion, however, once again, if the Council agreed they wanted some additional information before deciding whether or not to reconsider, he didn't know if it was inappropriate, but the discussion referred to does not include public testimony. Page 5 Beaumont City Council June 10, 1991 Mayor Connors stated she thought public testimony came during the discussion if it is reconsidered, and if it is not reconsidered there would be no public testimony. The City Attorney indicated it appeared the question is whether the testimony sought is germane as to whether or not you should reconsider it, in other words, if what he might have to say relates, then the Council may want to hear that, but if it is not relevant to making the decision whether or not to reconsider, then there is no need to hear the testimony, and he did not fully understand what Mr. Carvelli would be saying. Council Member Leja said she wanted a response from the developer to the statements made in the request for reconsideration, and her understanding of Roberts Rules is that is in order. Mayor Connors clarified her understanding that what he would have to address is whether or not the specific plan had been received by the City at 11:00 a.m. on May 14, with Council Member Leja replying she is asking if they have an excuse, and now would seem to be the time to ask that question rather than after they might decide to reconsider, because once they reconsider it that opportunity is gone. It was determined that the Mayor could ask for discussion on the motion, with any Council Member requesting information if they so desired. Mayor Connors asked if there was any discussion, with Council Member Leja again asking for information from the developer's representative regarding their response to the statement made in the request for reconsideration. Diane E. Tiberend, 19800 MacArthur Blvd., Suite 600, Irvine, speaking as counsel for Robertson Homes, stated their position is if the motion for reconsideration is heard and denied then the 30 day effectivity period will continue to run and expire in the next fifteen days. She stated further their position is if the motion for reconsideration is heard and granted, then the 30 day period will start anew. Speaking on behalf of Robertson Homes she respectfully requests that the Council deny the motion for reconsideration based on their understanding that it is untimely pursuant to Roberts Rules of Order, Section 36.b., which section specifically provides that in a hearing of matter which transpires in one day or less, the motion for reconsideration is to be filed the same day as the vote on the motion that reconsideration is being requested of. As a result, it is their position that the motion being filed the following day is untimely under Roberts Rules of Order. They also asked that the motion for reconsideration be denied based on the potential economic damages to Robertson Homes given the present economic climate. Robertson Homes is in the position of discussing with lenders certain loans which may be lost, or which may be jeopardized. . . Mayor Connors interrupted the testimony at this point, stating she felt they were into the part where the second reading is being discussed rather than the reason reconsideration was requested, which was because the specific plan had not been turned in to the Planning Department. Ms. Tiberend agreed this was correct, however, it could be read both ways as Robertson Homes' position is that for the motion for reconsideration to be granted would threaten its economic well- being. There were no questions from the Council of Ms. Tiberend. The City Attorney stated that Ms. Tiberend's comments relative to the negative vote on the reconsideration were correct, however, Page 6 Beaumont City Council June 10, 1991 the interpretation under Roberts Rules has been consistently interpreted by this City to give 24 hours due to the late hour at which the meetings are held, and he heard nothing in the testimony which responded to Council Member Leja's request. John Carvelli, 3501 Jamboree Road, Suite 606, representing the Rolling Hills Ranch project, gave a direct response to Council Member Leja's question that there was confusion and miscommunication the night he addressed the Council and there was discussion about whether or not there was a specific plan in the hands of the Planning Department. What it came down to was that he was told by the Planning Department they had everything they requested from them for that second reading. He assumed that included the specific plan, and he said he wasn't 100% sure, but he assumed it did include that. He felt that is where the confusion arose, and he understands Council Member McLaughlin's question about that, and is happy to be present tonight to respond to that question. He continued that what did happen is that it was mailed out by the Planning Center on Thursday prior to the meeting on Monday, but it did not get to Mr. Bounds desk until 11:00 the following Tuesday morning. It was mailed at the Planning Center's own volition, they were not requested to do so, because they were not asked to revise all the specific plans and have them all to the City of Beaumont by that May 13 second reading. He feels that is where the confusion came in, and that is his response to the question. He stated further that, at this point in time, everything has been submitted with all proper changes, although there was a discrepancy in the appendices of the specific plan, but they were advised by Mr. Bounds that they did not have to reprint all the books, they would simply be marked repealed by Mr. Koules for the file, and that would be taken care of. He then requested the Council withdraw the request for reconsideration because it would start the clock all over again on the 30 day appeal period, and since everything has now been submitted there should be no more confusion, and they request the request for reconsideration be withdrawn and enable everyone to move on. Mayor Connors stated her feeling was the reason they wanted the specific plan was in order to look at it before they voted on the second reading, and it was not there to look at. She called attention to the fact that the specific plan at this time contains errors, and she would like to be able to reconsider the second reading of the ordinance. Council Member MacNeilage remarked he would also like to reconsider it because he has found discrepancies in the specific plan also. Council Member Leja asked if those were the discrepancies that Mr. Carvelli mentioned that were supposed to be corrected, with Mayor Connors indicating they had not been corrected totally. Council Member McLaughlin wanted to know if the Planning Department has found any discrepancies that the Council should be aware of. Stephen Koules said he thought he should explain his position in this picture, stating that Mr. Carvelli did call him on the Friday before the Monday meeting, and asked if the City needed any submittals, and what he had received was an addendum that clarified what they thought were the corrections made at the public hearing, as well as the lotting tabulation charts. When he attended the City Council meeting he didn't discern any explicit or implicit direction to have the whole specific plan report revised and brought back, so he did not request this of the applicants. Page 7 eaumont City Council June 10, 1991 Mr. Koules stated further he felt their concerned request was to have the addendums prepared, and he submitted them to the front office several days before the May 13 meeting, and when he spoke to Dave Dodson at the Planning Center he offered to revise the whole specific plan, but he did not explicitly, at any point, tell him that the City Council wanted the whole package done because that was not his understanding. Mayor Connors said her understanding was that the majority of the Council had voted to have the specific plan corrected, and for staff to approve it, but staff could not approve the specific plan because they did not have the specific plan, because it has to match. Mr. Koules replied he did look at the minutes and he did not find that direction, so he was laboring under the impression that the addendum sheets that he had been working with the applicant's consultant, would suffice as an attachment to the specific plan document that had been reviewed earlier. Council Member Leja called attention to a statement made by City Attorney Ryskamp at the previous meeting that, legally, the Council could hold the developer to anything that was corrected and to any recommendation that the Council had because of the meeting tape and the minutes. The City Attorney agreed with this but added it was also his understanding that they were expressing corrections that they had presented in written form, and they were merely agreeing that those corrections were included, and it would be binding. If they were corrections that were not given in written form, and were not included, they should be made in writing on the plan. Council Member Leja stated they did make those in writing, with Mayor Connors pointing out it had not been in writing that the day care center was included on that addendum. Council Member MacNeilage asked if there were changes in the specific plan from February until now that were not brought forward, would that change things, as he has found discrepancies that are different from the original specific plan from this one, that are not the same. The City Attorney said that would depend on the materiality or what kind of discrepancies were being discussed - typographical errors, or changes in the content. Mayor Connors pointed out it appears to her they are discussing the matter as a reconsideration prior to voting on whether to reconsider it, and it seems they are reconsidering it at this time, and she didn't see the harm in reconsidering it since the vote can be made to pass it, and that way they would have a chance to find out . . . The City Attorney stated the only difference between passing it on reconsideration would be there would be a 30 day time period running before it becomes valid, as opposed to approximately fifteen days. Council Member McLaughlin asked a question concerning some of the documents he has been given in that in the first document there is a statement which says "a zoning ordinance states specific permitted use in building standards for individual planning areas within the specified plan for the entire community ", and in the later document presented this statement is not included, so he does not know why it was omitted, and what value does this statement have. At this time Mayor Connors again stated this appeared to be part of reconsidering the matter and asked if they could go forward in this manner. The City Attorney said apparently the Page 8 Beaumont City Council June 10, 1991 reconsideration centers on whether or not everything is in the specific plan, since if it is all there, and everybody is satisfied with that, there is no reason to reconsider - if it isn't, then there are problems with it, and a motion to reconsider is in order. Council Member McLaughlin asked that Mr. Carvelli answer his question concerning why the statement is not in the last copy given to him. Mr. Carvelli reviewed the document in question, and pointed out where the statement was still in the last revision, and asked that it be clarified that he has not memorized every line and every page in the specific plan, and he is not seeking to confuse or misrepresent anything, but he does know this data is all there, because if they look at their plan they will see the access road there. Council Member Leja stated that another thing Mr. Ryskamp said was that all the things that were discussed and approved would take precedence over any of the old data, with the City Attorney clarifying that the specific plan as approved, the document which they have with the written corrections, would. Council Member Leja continued that since she has been on the Council it seems like they have approved quite a few things without asking for the amendments to be written into the proposal and returned to them, with Mayor Connors emphasizing that in the five years she has been on the Council they have never approved a specific plan without having it in front of them, and have never had staff go through it and okay it. The City Attorney requested to address this issue, stating there are items where they have been approved without the specific changes being made, but there has never been a specific plan, or anything approaching that seriousness - occasionally, there are verbal changes made to resolutions, corrections, perhaps even on the first reading of an ordinance, minor typographical corrections, or small content changes, but they have never approved anything like a specific plan without having it in front of them, because it becomes the binding zoning ordinance for all practical purposes with its adoption for that area. So it is extremely important as they could get down to the same kind of technicality of the meaning of the specific plan as they do, frequently, on Title 17. When it comes to planning, the developer and staff evaluating - or the courts - or this Council - evaluating the application of the specific plan. You worry about the language under these circumstances, so preciseness is important. Council Member Leja continued she was sure the statement was made that the legality would hold true because of the tape and minutes, with the City Attorney indicating that would bind them to make the corrections proposed and which were submitted, and to the extent they have submitted written corrections and they can point to those and incorporate those. Council Member MacNeilage stated that if he understood correctly, the revisions which have been handed to them were amendments to the specific plan which they had received previously - now they have received a new plan, and there are revisions from the original plan into the new plan and the Council has not even looked at those revisions, and that is why they should take another look at it. He reemphasized there are changes from the revised copies which were handed in to the Council on April 23 and April 22, 1991, and the newest specific plan which they now have which the Council has not approved, or even looked at. Mayor Connors pointed out that on Page 1 -2, which reads "Intent and Structure ", Section 3.0, the third paragraph down, at the bottom of the page in book one, which states "the zoning Page 9 eaumont City Council June 10, 1991 ordinance states specific permitted uses of building standards for individual planning areas within the specific plan, and for the entire community ". Then it goes on to design guidelines. Book three goes from Development Plan to Design Guidelines without zoning ordinance. Mr. Carvelli advised the zoning ordinance is on Page 4 -2 of the latest revised copy. Mayor Connors said what she would like is for the specific plan to match all the way through, and some things that are up there, which should have been changed because of things which they requested previously, and it would have changed other things in the book, and they don't match now. Mr. Carvelli stated that on every development project that he has ever heard of, the consultant works with the Planning Director to make the changes that were agreed to, with Mayor Connors emphasizing the Council approves them, and that is why she wants to reconsider it in order to point out some of those inaccuracies before it becomes legal. Responding to a question from Council Member Leja, Mayor Connors stated further they were addressing the fact that there can be some argument, some discussion, later with another Council, with another City Manager, and that developer, as to what the intent was in this book - interpretation. And she cannot explain that without reconsideration. Mr. Carvelli replied it is very germane to the question as to whether this should be reconsidered because the specific plans weren't in. They are in, they are all changed -- Mayor Connors pointed out they were not in for them to read when they voted on it, and they were told they had been there, but she can't vote on it unless they reconsider it. Mr. Carvelli protested that was not true, and asked if they would ask staff if they are comfortable with this document. Mayor Connors said she would like to bring up the information that was in the specific plan that was not there when she needed to look at it, and called for the question. The City Attorney indicated it might be wrong, but he did not feel it was appropriate for the Chair to call for the question. Council Member McLaughlin stated he has decided to withdraw his motion for reconsideration. The City attorney questioned whether Mr. McLaughlin was withdrawing his request for reconsideration or withdrawing his motion. Council Member McLaughlin clarified he was withdrawing his motion and his request for reconsideration. Mayor Connors asked if she could ask any questions whatsoever, such as are they still at the point where staff okays the plan, or can staff object to some things in the plan, like the lotting tabulation adding up incorrectly for instance, and that parts in one place would match parts in the other document, or just that they include what they were asked to put in. The City Attorney stated staff could definitely object and require there be a consistency on those types of items, in particular parts that have legal effect, and since the number of lots would affect lot size and total the average lot size, they could be significant. He then asked if staff had received a list of those items, with Page 10 Beaumont City Council June 10, 1991 Mayor Connors inquiring whether he meant from the Council after reading the document, or from the last meeting. The City attorney confirmed he meant their concerns at this point, and pointed out that Mr. Carvelli had indicated that there would be any corrections of.that nature that needed to made, and added, for their information, as the City Manager pointed out, there is an inconsistency of six lots between two different references to the number of lots. Mayor Connors said there were also some things which they asked for that are unclear to her in the plan, and if it is a case where he should have a list of their concerns, here are three pages of her concerns. Mr. Carvelli stated they were more than willing, and always have been, to address their concerns. Mayor Connors continued that since it is up to staff to okay the specific plan, she thinks staff should have the list of concerns, because she saw errors coming through after they had already discussed it before - the most glaring one being the day care center, so she doesn't really think that it will matter if she gives it to the developer, she is going to give it to staff, then asked the City Attorney if he was sure it was legal for staff to be okaying the specific plan at this point. The City Attorney said it was his understanding that a vote of the Council adopted the specific plan, with Mayor Connors asking is that no matter what condition it may be in, where they may be okaying a specific plan different from what the Council thought it was. The City Attorney made clear for the record, there has been a vote approving it by the Council, with a statement made regarding technical clarifications that. needed to be made, and he is concerned about the obvious discrepancies that need to be clarified on the number of lots - those types of things - but that is not shifting to staff the authority to approve, it is giving staff direction to correct any of those inconsistencies, and to have the developer do so. Mayor Connors then said staff will have to go through the specific plan page by page and correct all of these different things now, with the City Attorney stating he would assume staff has already gone through it, and suggested perhaps staff should speak to this. Mr. Koules asked for clarification as he was under the impression that the specific plan had been approved earlier, and the ordinance being heard now is the zoning ordinance, with it being clarified by the City Attorney the specific plan was approved by adoption of a resolution prior to this ordinance being heard. Mr. Koules then pointed out this is the second reading on the zoning, which is required by state law, and that he had staff go through the document that was received, which they will note has two date stamps on it - May 21 and May 22. When received on May 21 it was screen checked and because of inaccuracies in the document, the entire 14 copies were returned. They were redone and resubmitted the following day, May 22, at which time they were screen checked again. It was discussed with Mr. Bounds several times, and he is under the impression that the document is in compliance with the intent of the City Council. If the request for reconsideration prevails, the Council would then consider Item No. 9.b. If reconsideration does not prevail, no further action is needed. NOTE: Since the request for reconsideration was withdrawn, no further action was required on this agenda item. Page 11 - eaumont City Council June 10, 1991 10. URGENCY ORDINANCE NO. 702 - An Urgency Ordinance of the City Council of the City of Beaumont, California, Establishing a Utility Tax of Percent ( %) Upon Telephone, Electric, Gas and Cable TV Utility Users. The City Attorney advised that the ordinance has been prepared based on the discussion at the last meeting. He pointed out the Council must determine the percentage they wish to include in this ordinance. In addition, he called attention to the fact the references made to maximum amounts which could be paid by a single user have been eliminated in this ordinance, since there was only one user of these services which exceed the limit and that user is no longer present in the City. He continued that other than the above, the other changes are minor technical changes, and the provision to deal with the question of the vote of the people has been added, and also the possibility that the requirement that this local tax being placed on the ballot may be declared unconstitutional as it is a violation of the State Constitution, which has previously been discussed. Mayor Connors questioned certain language in the ordinance, with the City Attorney explaining the intent of the language. Council Member Leja brought forward discussion concerning when the voters had the opportunity to let them know what percentage tax they would agree with, with the City Attorney answering they would have that opportunity tonight, and should there be a vote required, they would then have the opportunity to vote yes or no regarding what they, their representatives, have approved. There was additional discussion regarding this issue, with both the City Manager and City Attorney providing information. Alma Vrzal, 720 California, spoke in opposition to the utility user tax, because it would be adding to the tax burden being required of citizens, especially senior citizens on pensions, whose income does not increase. After discussion, she agreed that the existing 3% was not too difficult to handle, and she would agree to continuing that amount, so long as they did not raise it. Linda Moreno, 494 Laraine Drive, spoke at length concerning her opposition to the utility user tax, specifically pointing out it would create a hardship for people who have lost their jobs, or who are now only working part time, in addition to senior citizens. She felt very strongly that the taxpayer is paying enough taxes now, and cannot absorb more taxes. Mayor Connors discussed situations that are facing the City due to legislation by the State, and the need for the revenue from this tax to maintain current City services. Council Member Leja asked if Mrs. Moreno would be in favor of maintaining the tax at its current percentage, with Mrs. Moreno indicating she still would not be in favor, because eventually it would get higher and she feels there should be cuts so the governments will have to learn how to budget and live within that budget. She emphasized it was her personal opinion the City must learn how to cut as they, the citizens, have to learn how to cut expenses. At this point the Council discussed percentages levied by other cities, with a consensus of the Council that the City's utility tax should remain at 3 %. Council Member Leja brought up the topic of consultant fees, asking for a full accounting of these fees at the time the budget is considered. Page 12 Beaumont City Council June 10, 1991 Mayor Connors asked that since there is no sunset clause in this ordinance, does the percentage remain at that percentage forever, with the City Manager indicating it would unless it is increased or decreased by adoption of an ordinance by the Council. Motion to Read Ordinance No. 702 by title only. Motion by Council Member McLaughlin, second by Council Member Leja, to read Ordinance No. 702 by title only. AYES: Council Member Leja, MacNeilage, 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. 702 at its first reading. Motion by Council Member McLaughlin, second by Council Member MacNeilage, to adopt Ordinance No. 702 at its first reading, with the utility tax set at 3% in all categories. AYES: Council Member Leja, MacNeilage, 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 13, 1991. b. Acceptance of Minutes of Regular Planning Commission Meeting of March 19, 1991. C. Approval of Warrants as Audited per Warrant List of June 10, 1991, in the amount of $398,859.03; Payroll of May 9, 1991, in the amount of $69,677.15 and Payroll of May 23, 1991, in the amount of $73,470.11. d. Approval of Statement of Investment Policy for Fiscal Year 1991 -92. e. Report of Planning Commission Action at Meeting of May 21, 1991. Mayor Connors requested the minutes of May 13 be corrected as follows: Page 15, eleventh paragraph, next to last word in first sentence, - change "expending" to read "extending ". Motion by Council Member Leja, second by Council Member McLaughlin, to adopt the consent calendar with the minutes corrected as requested. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. Page 13 Beaumont City Council June 10, 1991 12. Recess to Closed Session: a. To Meet with Its Designated Representative Regarding Labor Relations Matters Pursuant to Government Code Section 54957.6. b. To Confer with its Attorney Regarding Pending Litigation Which has been Initiated Formally and to which the City is a Party Pursuant to Government Code Section 54956.9(a). The title of the litigation is Beaumont- Cherry Valley Water District vs City of Banning, City of Beaumont, Yucaipa Valley Water District, Case No. 211456 Riverside Superior Court. The meeting was recessed to closed session at 9:32 P.M. The meeting was reconvened to regular session at 11 :08 P.M. Let the record show: a. Direction was given to the City's designated representative regarding labor relations matters; and b. A report was received from Attorney Trager as to her actions concerning litigation, and request from her to retain the services of Groundwater Systems, Inc. Motion by Council Member Leja, second by Council Member Parrott to adopt the recommendation of Attorney Trager and retain the services of Groundwater Systems, Inc. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None: ABSTAIN: None. ABSENT: None. Date Set for Next Regular Council Meeting Monday, June 24, 1991, 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 11:10 P.M. Respectfully submitted, City Clerk Page 14 CORRECTION TO MINUTES OF MAY 13, 1991 The Minutes of May 13, 1991 were corrected at the Council Meeting of June 10, 1991, as follows: Page 15, eleventh paragraph, next to last word in first sentence - change "expending" to read "extending ". Robert J. Erounds, City Clerk BEAUMONT CITY COUNCIL MINUTES OF MAY 13, 1991 AS CORRECTED JUNE 10, 1991 The Beaumont City Council met in a regular meeting on Monday, May 13, 1991, at 7:00 P.M., in the City Council Chambers, with Mayor Connors presiding. On roll call the following Council Members were present: Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. 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: Mr. Michael Martin, Area Manager for Southern California Edison Company, introduced himself to the Council, indicating he is replacing Ray Gonzalez for this area, and stating he looked forward to working with the City of Beaumont and meeting each member of the Council individually. PUBLIC HEARINGS - 7:00 P.M. 4. INTENTION TO ORDER ABANDONMENT OF 1) A PORTION OF MINNESOTA AVENUE; 2) A PORTION OF ELM (IOWA) AVENUE; 3) A PORTION OF "B" STREET: AND 4) INTENTION TO CHANGE THE STREET NAME OF THE ENTIRE LENGTH OF MINNESOTA TO VEILE AVENUE. APPLICANT: CITY OF BEAUMONT. The staff report was presented by the City Manager, a copy of which is a matter of record in the Clerk's file, with a recommendation for adoption of the resolution. The public hearing was opened at 7:08 P.M. Mr. Bill Ehrlich, 6700 Stanton Avenue, Buena Park, California: I am a property owner in and about this specific location. I am here in support of the action you are about to take tonight. I would like to call your attention to the fact that Veile is spelled many different ways in town, both on the signs and on various maps. The resolution is correct according to the City Engineer, V- I- E -L -E, not as is shows on the action on the agenda. So, perhaps to avoid any clarification we should confirm that. But according to the town map of Beaumont, to which he looked, he said that is where it started, and V- I -E -L -E was supposedly correct. Thank you. City Manager: If I could answer that. Veile is a family name, and there is only one Veile left, and they don't whether they are a member of that family or not, and V- E -I -L -E is the way they spell their name. There are more maps from San Bernardino County that have V E I L than have V I E L, and Jim has found one that has the V- I- E -L -E. The street signs have been V- E -I -L -E for years. I have talked to former Mayors and Council Members and I can't do anything other - Page 1 Beaumont City Council May 13, 1991 - and by the way the Library, they have nothing left of this family - but there is one family living in Banning today, who spells their name Veile. And we are at a loss - I would prefer that we not be moving toward a map that we found so many mistakes in San Bernardino County about this City, to try to take up a map there that - like I say - has as many maps that has it the other way. I don't believe that there would be any legality involved, but George can correct me. If we are trying to find something someway to clear up something that no one has been able to come up with any good rhyme or reason - and I would hate to see us have to change all of the street signs that have been there for only a short period of time. City Attorney: It doesn't make - as long as we decide which way it is going to be spelled in the resolution and that is what we are following. Is that what I am hearing? City Manager: That is what -- we are following what we found the most of. City Attorney: Which is V- E- I -L -E. City Manager: V- E- I -L -E. And there is at least one map that Jim found that has it V- I- E -L -E. And it is an 1800s map, but we also have some other 1800 maps that have the V- E- I -L -E. City Attorney: We all know my feeling about that 1800 map at the moment. City Manager: That is why I have a hard time with that map, and I think the sooner we get away from that map the better off we will be. City Attorney: I believe that as long as we come up with a final spelling as the spelling in this resolution, it doesn't matter which one is adopted, and adopt the one - I think - would be the one you have got the street signs, and the other is just -- legally it won't make a difference, but this will determine, in effect, you are changing the entire length to the name of whatever spelling you are adopting. City Manager: I think the key to it was also, I was quite hopeful to finding out that we had a fourth or fifth generation Veile, and the woman says I have no idea. She said I just married him. Mayor Connors: This - back then, I suppose, they just named street by people in town. This wasn't an important person in our history that we have any record of. City Manager: There is no President of the United States. No Governor. We have run down names like that and we are down to probably a person that lived there. And we have some others that are that way. Especially in that map. Mayor Connors: I really would feel better if we had this name spelled right. I have a thing about that. I don't see there is anything else we can do, right? Is there anyone else that would like to speak in favor of Item No. 4. Is there anyone else who would like to speak in favor of Item No. 4. Is there anyone who would like to speak in opposition to Item No. 4. Anyone wishing to speak in opposition to Item 4. 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 7:12 P.M. a. RESOLUTION NO. 1991 -21 - Ordering the Abandonment and Vacation of 1 A Portion of Minnesota Avenue; 2) a Portion of Elm (Iowa) Avenue; and 3) a Portion of "B" Street; and Further Ordering the Street Name for the Entire Length of Minnesota be Changed to Veile Avenue. Page 2 5. Iffl, 7. Beaumont City Council May 13, 1991 There were no comments or discussion from the Council. Motion by Council Member McLaughlin, second by Council Member Leja, to adopt Resolution No. 1991 -21. AYES: Council Member Leja, and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. END PUBLIC HEARINGS. MacNeilage, McLaughlin, Parrott Proposal for Cherry Festival Security. The City Manager presented his report, a copy of which is a matter of record in the Clerk's file, with a recommendation for approval of the proposal for security for the Cherry Festival. Mayor Connors questioned the last entry on the schedule which shows two officers patrolling together and one officer in the beer garden and the last one indicates four officers, with the City Manager pointing out that on Saturday and Sunday there are some staggered shifts, explaining how those would operate. There were no other questions or comments from the Council. Motion by Council Member McLaughlin, second by Council Member MacNeilage, to approve the proposal to assist the Cherry Festival Association with the cost of security in the amount of $335.00, to be charged to Account No. 1450 -4096. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. Authorize City Manager to Reprogram Portions of the CDBG 17th Program Year Funds. The City Manager's report was presented, a copy of which is a matter of record in the Clerk's file, with a recommendation to reprogram a portion of the CDBG funds as shown in his report. Council Member MacNeilage asked if more money could be programed for the Senior Home Repair program, with the City Manager replying the amount paid by the City is set on a "fair share" basis, therefore, each City pays their fair share, and if the City put more money into it what could happen is the additional money might go to some other City. There were no other questions or comments from the Council. Motion by Council Member Leja, second by Council Member MacNeilage, to authorize the City Manager to request reprograming of the City's 17th Year CDBG funds as follows: 1) Reprogram $8,950.00 from the D.A.R.E. program to the multi - purpose room acoustical work; and 2) $4,046.00 to the Senior Home Repair Program. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. Consideration of Request to File Late Claims for Raul Diaz, Anna Abarca, Mario Ortiz, and Raul Jimenes. Page 3 Beaumont City Council May 13, 1991 The staff report was submitted by the City Manager with a recommendation to reject the applications to file late claims. A copy of 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 Leja, to find that the claims of Raul Diaz, Anna Abarca, Mario Ortiz and Raul Jimenez were filed late and reject the Applications for Leave to File Late Claim under Government Code Section 911.8. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 8. ORDINANCE NO. 701 - SECOND READING - Rezoning 155 acres from Pl anned Unit Development ( P U D ) to Specific Planning Area (SPA 4.1 dwelling units per acre) (90- RZ -9). Applicant: Robertson Homes. Location: South side of Highway 60, across from Western Knolls Road, and running southerly for a distance of approximately 2,000 ft. to a line approximately 2,500 ft. westerly of the west end of 4th Street. Motion to read Ordinance No. 701 by title only. Motion by Council Member Leja, second by Council Member McLaughlin, to read Ordinance No. 701 by title only. AYES: Council Member Leja, MacNeilage, 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. 701 at its second reading. Council Member MacNeilage stated he was still not comfortable with lot sizes under 6,000 sq.ft., and personally still did not want to see this development go under these terms. He felt there was a lot of confusion at the last meeting as to exactly what the Council was adopting, and what is going to be implemented, and he felt this should be continued until all Council Members understand what was brought forward at the last meeting. Council Member Leja indicated that, unlike Mr. MacNeilage, she didn't have that much confusion about it, however, felt their decision at the last meeting was confirmed by an organization that she is not always in agreement with, but the Sierra Club has come out with a study that they would rather have higher density developments with more open space in the surrounding area. Apparently that is the direction a lot of State organizations and other environmentalists are starting to take as well. She continued that with the amenities the City is being given in parks, etc., she still is in agreement with the project. Mayor Connors felt it would be a matter of favor to two of the Council Members if it could be continued until they have seen what they are actually voting on. The way it was passed last time without the Council actually seeing the plan as it was completed, , puts the burden on the staff to make sure that the changes are made, when it is the Council's responsibility to vote on the completed item and make sure the changes are made. She stated further that the City had previously made part of the City's code lot sizes for the projects, and she would prefer that be considered over the input of some other organization. Those Page 4 Beaumont City Council May 13, 1991 lot sizes were adopted in order to protect the aesthetic value of the City. She then called attention to the fact that the amenities the City were told they could have, was indicated as also being with the 6,000 sq.ft. lots, and she thought that would be a much better deal for the City. She again asked that it be continued until the Council could actually read the plan before voting on it, so staff would not be responsible for insuring the changes are correct. Council Member Leja wanted to know at what point does the Council normally ask for these plans, or was there any indication of a request for these completed plans before tonight's meeting. The City Manager requested clarification as to whether she meant the specific plan zoning, with Council Member Leja restating that what they voted on at the last meeting, had that package been submitted so they could see the complete plan the two Council Members want to see -- was there a request made to see that prior to tonight's meeting. Mayor Connors said there were many, many changes made at the last meeting and they never saw the plan with the changes, and they asked at that meeting if they could have that. Council Member Leja pointed out there have been three weeks since that meeting to have that information brought to the Council, and asked if that was the City's responsibility or the developer's responsibility. Mayor Connors continued that they voted on it without it - decided to do it without it, with Council Member Leja saying she understood that, and Mayor Connors is now requesting to see that plan tonight in its completed form after that night's vote, so what she is asking is - tonight they are requesting to see it before they vote on the second hearing - and there have been three weeks between that meeting and this meeting, and she wonders if anyone had gone in and asked to see the completed plan. Has it been completed so they can see it, or is this a request that is made at the drop of a hat. The City Manager advised that the information from the minutes of the previous meeting were sent to the Planning Department sometime last week, and nothing has been given back to his office as of this date, so he assumes it is not completed. Normally, the developer corrects the specific plan zoning portion, which is the book, and he does not know if the Planning Director has transmitted to them that information or not. Council Member Leja again asked if there had been a request by any of the Council Members to see the completed document in the past three weeks, with the City Manager responding the Mayor had asked and he had told her we did not have it yet. Mayor Connors said she was confused because she thought she and Mr. MacNeilage had asked for this at the last meeting, and they were turned down, and there was a vote without seeing it. They are now asking, for the second time, if this action can be delayed until they see it. Council Member Leja acknowledged she remembered their request at the last meeting, but there has been a longer period of time, three weeks, and she is confused - if there has been three weeks - was the Planning Department aware that the Council wanted to review it, per their request at the last meeting, before tonight. Mayor Connors indicated no, because a majority of the Council had decided they did not want to review it. They are again requesting it tonight, not to be reviewed individually, but to be able to discuss it in its final form so they know whether they all feel everything has been changed properly, and has got what the City wants in it. Otherwise, the Council will be putting it on staff Page 5 Beaumont City Council May 13, 1991 to go through it, and if there is a mistake in it, and it comes back later, it would be blamed on staff, when it should be the Council's responsibility. John Carvelli, Inland Group, 3501 Jamboree Road, Newport Beach, advised the Council he had been in contact with the Planning Department, and as per the request at the last hearing, they were directed to make the appropriate changes, which they have done and which have been submitted back to the Planning Department, and were, in turn, submitted to the City Manager's office four or five days ago. He distributed additional copies of the changes to the Council. The City Manager indicated he had not seen the changes. The Deputy City Clerk stated that Mr. Koules had given her a couple of individual sheets, but nothing was said about them being given to the City Council. Mayor Connors said she wanted to see a complete plan with everything incorporated into it. These sheets are like what they were given at the last meeting - just pieces of paper, and she would like to be able to look at this plan, which they should have been able to do originally. Mr. Carvelli pointed out it was not more pieces of paper, it is one piece of paper with the changes that were requested. Mayor Connors stated that in five years she had never voted on a plan that wasn't complete and in front of her, and she really would not like to start doing that. Mr. Carvelli said they had done what they were asked to do, and that is to submit the changes that the Council approved two weeks ago, and those changes were given to Planning staff and then given to Mrs. White, and there is nothing more they can do. The City Manager disagreed with that, stating the Specific Plan is a document, and the Council is being asked to approve the document, and this is part of it. And if the City is to pay the cost to redo that document, then he would like the City Council to so direct staff, because it is going to come out of the City's budget rather than theirs, and he did not feel it is the City's responsibility to have the Specific Plan document done at taxpayer expense. What is being submitted is like an addendum and he didn't see how the Council could adopt that. Mayor Connors brought out there should be a plan on file, complete and ready to look at, which the Council could vote on, so that later - there it is - and that is what was voted on, so there will be no misunderstandings. Mr. Carvelli asked to clarify again that the Planning Director, Mr. Koules, asked them to submit a memo of the changes in a concise summary, and they did that. The Specific Plans were redrafted and they are supposed to be in the hands of the Planning Department, and that is why he is saying that is all they can do. It is on their nickel, not on the City's nickel, and it has been done. The City Manager again questioned that the Specific Plan document has been changed, with Mr. Carvelli indicating it had been changed and had been given to the Planning Department. The City Manager then stated that Mr. Koules had not given this document to him, nor made any mention that it had been received, and he knew it was on the Council agenda tonight. Mayor Connors asked once again if the complete document has been changed and is in the hands of Mr. Koules, with Mr. Carvelli again Page 6 Beaumont City Council May 13, 1991 confirming this is the case, stating further that Mr. Koules has it, and he had spoken to Mr. Koules on Friday, and Mr. Koules indicated at that time that he submitted the summary page just for clarification points to make it simple to Mrs. White for the record. Mrs. White, the Deputy City Clerk, stated that Mr. Koules had given her two pieces of paper, which appear to be the same as Mr. Carvelli is referring to, however, nothing was said indicating they were to be given to the Council or were to be included with the agenda packet for this meeting. It was indicated they were for the record for the last meeting and nothing further was said. Mr. Carvelli continued that he feels they had done everything they were asked to do at the last Council hearing, made the changes, put them in the documents, and given them to the City, and they are dealing with the Planning Department because that is where the project is. Mayor Connors asked how many copies of the complete document were submitted to the City, with Mr. Carvelli replying he did not know the exact amount, but whatever was requested would have been provided. Council Member Leja wanted to know how changes such as this have been handled in the past, with the City Manager responding we have never had any changes such as this in the past as they have always been complete by the time they were submitted to the Council. Council Member McLaughlin inquired if the City Manager would be more comfortable if the item was postponed, since he would be the person who would ultimately be responsible if all the changes were not made to the Specific Plan, with the City Manager stating he did not believe in holding up someone for staff errors, and it falls back to the position that if the staff has made an error, and there are changes that were not requested, and the document is adopted, it would be the City Manager's responsibility. Mayor Connors asked what major problem would be caused if the item were continued, with Mr. Bounds advising it would delay the approval for one month if the Council does not meet the last meeting of this month. Mr. Carvelli emphasized it would cause a financial hardship, and a substantial, severe setback on the developers if the project were to be delayed. The City Manager questioned what if there were some other changes that were not made in the Specific Plan, what would they propose to do so far as the City is concerned if it were approved tonight. Mr. Carvelli said they would meet the intent and the spirit of whatever was agreed to at the prior hearing, as they are committed to do that. The Planning Director has signed off on these changes, and that is what was needed to be done in order to be before the Council tonight, and if anything was omitted he will guarantee they will meet the letter and the spirit of any of those changes that may not have been included. Mayor Connors asked when they gave Mr. Koules the complete text, with Mr. Carvelli indicating he did not have the exact date because it was handled directly by The Planning Center (their project manager) to the Planning Department. However, in a telephone conversation with Mr. Koules, he said these (referring to the individual summary sheets) were given to Mrs. White about four or five days ago, so Mr. Koules has had them since prior to that time. Mayor Connors pointed out she is referring to the complete, revised Specific Plan, with Mr. Carvelli saying it was probably submitted at the same time. The City Manager said he knew the revised Specific Plan did not Page 7 Beaumont City Council May 13, 1991 come to his office, with the Deputy City Clerk adding that although Mr. Koules submitted the two summary sheets to her office, in typing the minutes nothing was stated about bringing anything back to the City Council. The resolution adopting the Specific Plan was adopted on a 3 -2 vote with nothing said about bringing anything back to the City Council along with the Ordinance at its second reading. She continued that the discussion seems to be indicating that staff erred in not insuring the revised Specific Plan was brought to the Council for tonight's meeting, however, there was no direction to do this at the last meeting. The Specific Plan was adopted and, unless someone had requested a reconsideration, or another resolution rescinding the previous resolution for consideration on this agenda, that was a final action on the Specific Plan itself. There was lengthy discussion concerning whether the motion should contain language pertaining to the changes to be made, with the City Attorney indicating there was no need to include anything in the motion about the changes as adoption of the resolution would be sufficient, and the changes would automatically be made as discussed. Although both Mayor Connors and Council Member MacNeilage stated their preference that this be done, there was no motion made or direction given to bring anything other than the second reading of the ordinance back to the Council at this meeting, and she was not aware the revised Specific Plan was required for review along with the second reading of the ordinance. The City Manager pointed out that the difference in the Specific Plan zoning is that it is a zoning which has maneuverability within it, both from the developer /owner side, the City side, through even administration, to be able to move things within the range that is set. He continued they will notice the ordinance only says 4.1 density - it doesn't say smaller lots and so forth, so with the Specific Plan zoning you must have a document that goes with it, that carries with it some of the extra things that the Council gives by virtue of allowing Specific Plan zoning. He stated further that some of that is you can go lower in lot size, or you can go higher in lot size, or you can go with a park plan that is being fully developed, and so forth, so it is like an agreement, and that is the only reason that he is quibbling. He went on to say if the proponents agree that if there are changes that were discussed at the Council meeting that have not been made, can be made, then that would be up to the Council to accept that, but he can tell them that if it is going to fall on him, he will not make a recommendation to them to adopt anything that he or they have never seen, and the two papers submitted tonight do not tell him anything of what he wanted to see. Mayor Connors questioned when Mr. Carvelli stated the continuance would be a problem, she remembered the developer continued it themselves once, and it was not the City's doing that changes were made at that point, and all of those changes were given to them, and now they are left up in the air not seeing the completed document. She continued that she did not feel they should be told it would create a problem for them, when they continued it themselves once. Mr. Carvelli said the question posed to them was would this be a financial hardship after the City Council saw fit to give them approval, the answer was most definitely yes, so they need to understand that. The second thing is that he is not submitting two new pieces of paper. This is the same piece of paper the Council made them commit to the night of the hearing, in which the City Council agreed to adopt for this project, and you cannot become more specific than what they have submitted. Mayor Connors pointed out her problem is these are only two pieces of paper and not the complete text, and she doesn't like to vote on a document that is not in front of her. Page 8 Beaumont City Council May 13, 1991 Council Member Leja asked who was to assume the responsibility for bringing a completed Specific Plan to this meeting tonight. The City Manager indicated that no one was told to that he is aware of. Mr. Carvelli said they were obviously here, and would have been happy to bring everything they had which they had at the last hearing. Council Member Leja stated she did not think they were purposely not supplying the Council with information, that apparently there has been a communication problem along the way. Mayor Connors said she didn't think they were purposely keeping the Council from getting information either, she just felt they should have it and they should not vote on information they do not have, just as she felt at the last meeting. She stated further she thought perhaps this time they might be able to convince the rest of the Council to give them that opportunity, and was trying one more time to ask that they vote on the document after they have received the document. Council Member MacNeilage commented that if the rest of the Council would continue the item, he would suggest a meeting be held during the last week of the month, whenever it is convenient for everyone, for this particular item, therefore, it would not have to go for a month, only two weeks. The City Manager said if they were looking for continuation, they could continue to a day later this week and he would then find the document and personally go through it, check the minutes, check the recording, and have it ready for the Council. He was sorry the Planning Department did not get the document to him for tonight, and if they wished to accept the developer's word, that would be up to the Council. Mr. Carvelli indicated their word represents a multi million dollar project and they would not be holding back a hundred dollars worth of printing to put themselves in this position tonight. They are committed to any changes - tape or written or whatever - that they have already made, and if they have missed them they are still committed to them. He didn't feel he could make it any clearer to the members of the Council. Mayor Connors stated if the plan is in the City, she assumes it is in several copies as that is how they are submitted, with Mr. Carvelli agreeing that whatever was required of them was submitted. She then continued that all they would need would be the time to look them over. The City Manager clarified that what is being said is the changes shown on the two pieces of paper submitted tonight have been included in the document, and the document has been resubmitted, with Mr. Carvelli responding that according to the wishes of the Planning Department, City of Beaumont, they have met those wishes. He reiterated these are not two different pieces of paper, it is the same piece of paper submitted to them the last time, and this is merely a summary of the issues that were talked about that were being changed - the improvements to the park, the amount of soils, the removal of the crash gate and the minimum lot sizes. Mayor Connors asked where the day care center was, with Mr. Carvelli stating he thought it was mentioned in the summary. Council Member Leja said she was still confused about something else, getting back to who accepts the responsibility to insure there is a Specific Plan for the Council since there were changes made. Whose shoulders does that fall upon. The City Manager responded that it has always been with the Page 9 Beaumont City Council May 13, 1991 developer who was turning in the plan, because they have it in their computer making it very easy to change, and then resubmit back to the City. Mrs. Leja then asked that when the agenda packets were sent to the Council for this meeting, did anyone happen to think that changes were made to the Specific Plan, and wonder where the new Specific Plan was. Mr. Bounds said he knew nothing about it, with Mrs. Leja stating they voted on that at the last meeting. The City Manager continued that the new Specific Plan was not turned into his office so he cannot answer for something that wasn't there. Council Member Leja restated her question that there were changes made, the Council voted on those changes, and obviously someone should have said "shouldn't there have been a packet with their agenda packet ". Mr. Carvelli asked to answer Mrs. Leja's question in that the question had already been answered to the effect there was no request made of anybody to do that - and he feels the issue is being confused. Mayor Connors agreed they voted away their right to read the document before they voted, and they are now asking for that right back. The City Attorney called attention to the fact the Council has a right to do that as the reason for second readings on ordinances is to give them a second chance to think about it. Mr. McLaughlin felt a continuance of a few days would be appropriate to allow the City Manager to gather the information they needed, with Mr. Carvelli saying their situation is they have done everything they have been asked to do at the last meeting, and he does not know what there is to go back and review or read. Mr. McLaughlin pointed out this would allow the Council to have a chance to look at the revised Specific Plan, and three or four days shouldn't have that much of an impact, with Mr. Carvelli restating even three or four days would be a problem for them on the financial side. Mayor Connors referred to the two pieces of paper distributed by Mr. Carvelli - and that she had asked where the day care center was on that paper. After the plan has been checked to make sure the changes are what were required, she would like to take her responsibility to make her decision on that document rather than push it off on the staff members - and that is why they wanted to take the few days. Mr. Carvelli replied that he understood, however, he is saying what they would be doing is not what they did when they came before them and the project was approved, as they are talking about something different now, as they did what they were asked to do and that is all they can do, and any delay on the part of the entitlement process could be a financial burden on this project so far as dealing with the bankers and financial people. Mayor Connors said it still falls on the Council to do things correctly, and she felt they had to do things the correct way whenever they can, and a few days should not be as much of a disaster as they indicate. The City Manager asked for confirmation that the full plan had been turned in, with Mr. Carvelli stating he did not see it happen but he was told by Steve Koules that he had everything that was needed from them. Page 10 9. Mr. Carvelli continued that he the documents, so he cannot be he had everything he required. done everything they have been days delay will be a problem for There was no further discussion. Beaumont City Council May 13, 1991 did not observe the handing in of 100% certain, but Mr. Koules said He felt the record shows they have required to do, and a couple of them. Motion by Mayor Connors, second by Council Member MacNeilage, that the item be continued with a date set to consider it when the Council has had the opportunity to read the document, and a date which would be possible for all Council Members. AYES: Council Member MacNeilage and Mayor Connors. NOES: Council Member Leja, McLaughlin and Parrott. ABSTAIN: None. ABSENT: None. MOTION FAILED. Motion by Council Member Leja, second by Council Member McLaughlin, to adopt Ordinance No. 701 at it.s second reading. AYES: Council Member Leja, McLaughlin and Parrott. NOES: Council Member MacNeilage and Mayor Connors ABSTAIN: None. ABSENT: None. MOTION CARRIED. Discussion of Utility User Tax. The City Attorney asked the Council to bear with him in order that he might review the course of events over the last decade relative to taxes, which should help them focus on what is happening right now and the question that will be facing them regarding the utility user tax. Mr. Ryskamp's comments are as follows:. Back in 1978 the voters of the State of California adopted Proposition 13 which limited the power of both the State and local governments of taxation. In specifics, it took away the power of local governments to adopt ad valorem taxes on real property or a transaction or sales tax on the sale of real property. And I think that is the part of it that most of us are the most familiar, since we all are aware that our property tax bills haven't gone up since that time unless we have sold or bought a new piece of property. There was also included in Proposition 13, as part of the Constitutional Amendment, which became Article 13 -A of the Constitution, a requirement that cities, counties and special districts, by a 2/3 vote of qualified electors, impose special taxes on the district. Now, it was probably the intention of the drafters of Proposition 13 that this, in effect, makes all taxes that you imposed - by cities or counties or special districts - that all taxes would have to be approved by 2/3 vote of the people. The language of Proposition 13 was very vaguely and badly drafted - some questions as to what special districts were had to be straightened out, and what were special taxes, since it was not a word or phrase to be found anywhere in tax law. The Supreme Court in 1982 determined that special taxes were those that were levied, and only those that were levied, for a specific purpose. Distinguished from those taxes which dropped money into the General Fund. So now we had Proposition 13 limiting not all taxes to a two- thirds vote, but only those taxes that were adopted for a specific purpose, i.e., we are going to adopt taxes to build a specific building, or take on a specific project. Those types of taxes were going to require a two - thirds vote of the people. General taxes which were going to fund our General Fund Page 11 Beaumont City Council May 13, 1991 obligations were not going to require such. The proponents of Prop 13 felt that they had been cheated by the courts, and, of course, not attributing it to bad drafting of the original proposition, they then put forward in 1986 Proposition 62, which mandated that General Taxes, responding directly to the language and the problem in the Farrell case from the Supreme Court, were only to be approved if by a two - thirds vote of all members of the city legislative body, and then approved by a majority vote of the electorate voting at an election on the tax. However, Proposition 62 was different from 13 in that Proposition 62 was a statutory initiative - that is it modified the statutes of the state. It added certain code sections to the Government Code. It was not a Constitutional amendment. That, then, is where we were -- Prop 62 actually dealt with two types of general taxes. Those taxes adopted on or after August 1, 1985, were prior to its effective date, and those taxes adopted - these general taxes adopted after the effective date. We fell into that window period with our utility user tax, and we were forced to go ahead and put it to a vote of the people to establish the validity of our tax following Proposition 62, and we did so, and, as adopted, it was approved. Well, the question was not over in the fact that the State Constitution provides that it is unconstitutional for a referendum to be had concerning local taxation. Recognizing the need of the municipal powers in the state to regulate their affairs -- cities, counties, districts. In recognizing the difficulty of managing affairs with the problems of referendums, changing and attempting by vote to directly handle fiscal management, the Constitution provides that limitation. That referenda are not to be had concerning tax matters. This was established by a whole series of cases running back into the 1930s, practically to the adoption of the initiative and referendum state. Well, Prop 62 isn't quite an initiative in the vote that it proposes. It differs in which is an initiative, and it differs from what is a referendum. It is sort of a hybrid of the two. So the question then is - is Proposition 62 legal. Is it constitutional - not legal - but is it constitutional because it proposes what looks like a referendum on local taxes. That is unconstitutional. Now remember, it is a statute. It is a statutory initiative. So you can have it unconstitutional. If it violates the Constitution, unlike Prop 13, which amended it, the statute falls because the Constitution is the key language. It is the - our guide. So if it does violate the provision in the Constitution concerning no referendum on local taxes, it is out. It is unconstitutional. In 1988 the City of Westminster had adopted, during the window period, a tax on - a transient occupancy tax, similar to the one we have. And that tax, having been adopted in that period, they chose not to go to a vote of the people. It was challenged in court, and the Court of Appeal which heard the case, declared the provisions of Prop 62 relating to window period taxes and referendum - first it declared, call it what you like, initiative or referendum, this looks enough like a referendum that it is unconstitutional to have them on local taxes, and they declared Prop 62 relating to window period taxes out - unconstitutional. Now, when you lose at the appellant court level, at the appeals court level rather, you can request the Supreme Court to hear the case. The Supreme Court can do three things with the case. It can deny the review - in effect say that is the law, we are not going to touch it. It can - or at least we are not going to touch it for now, which means that the appellant court ruling - the appeals court ruling stands. It can grant the review, which stops any significance of the appellant court decision, and gives the Supreme Court the opportunity to review it and make a determination, particularly on a constitutional issue, that can be Page 12 Beaumont City Council May 13, 1991 significant. Or third, it can not touch the case, but decertify the opinion. Leave the opinion as it stands relative to those facts and those people, but decertify it so it is not governing law. Now why am I giving you a lecture on the Supreme Court, because the Supreme Court has thus far done all three with the three cases on Prop 62. The City of Westminster case, they denied review, which in effect says, yes, the window period taxes were unconstitutional the way they were handled -- that is, the other way around -- Prop 62 was unconstitutional as applied to window period taxes. The Shuflin vs Doyle case challenged the constitutionality of 62 in its entirety - actually it dealt though with the window period tax. The court ruled 62 is unconstitutional. The Supreme Court looked at this broad ruling. There was a protest from a number of organizations filing briefs requesting the court to either hear this case or to decertify it. The Supreme Court chose to decertify the case without giving any reasons. Which means that the ruling, that Proposition 62 was unconstitutional, was taken off the books without any further comment. So, we can speculate the reason was this was a bad set of facts, this was not a good case to look at in terms of the constitutionality of Prop 62 in its broadest extent because it dealt with window period taxes. But that is merely the guess of legal scholars, it is not the court's opinion. All right, we then have a Riverside - or actually a County of San Diego case that was heard by your former Deputy City Attorney, my former partner, Judge Burkhart. The appellant court then - interestingly I note - with three former DAs who had no civil experience when they were in practice as attorneys - ruled that Proposition 62 was unconstitutional in the case of Ryder vs the County of San Diego, heard in September of last year. This time the facts were right and the Supreme Court has taken the case up to it, and hearings have been scheduled but have not yet been heard, so, is Proposition 62 unconstitutional or not - and the bottom line to the question - we don't know. Council Member Leja: Do we have a coin. City Attorney: Well, I wish it were that easy, I could flip a coin and we could make the decision. I, as the City Attorney, am very strongly persuaded by the reasoning of the court in all of the cases. That this is, in fact, a statutory initiative that violates a constitutional principle, that local referendum on taxes are not acceptable, and are not allowed under the California Constitution. But, we don't have a clear cut decision. I have purposely held off the request to come to you until after the League of Cities meeting in hopes that having the presence of those who I recognize both in experience and years are wiser than I am, we could get their input. I wasn't able to go to the League City Attorney's meeting, but Don went in my place, and spent considerable time while he was there talking with a variety of City Attorneys, and everybody came up with the same answer. We don't know. Most are trying hard to avoid having to take a position until a determination is made. Unfortunately, our time schedule does not allow us that luxury. What is the penalty for being wrong. If we proceed, we have two ways to proceed. There is no question about the constitutionality of the requirement for a two - thirds vote. That is not being challenged, all that is being challenged is the requirement for a referendum, that is, putting it to a vote of the people. If the utility users tax is presented to you, and if you decide that it is going to be declared unconstitutional as to the requirement for the referenda, and you move forward, you can adopt Page 13 Beaumont City Council May 13, 1991 it and proceed, implement the tax on July 1, 1991. Otherwise it will sunset. Your second alternative is you can take a conservative approach that will cost the City several thousand dollars for an election, and put it to a vote of the people. Also with the possibility that it may not be approved, and handle it in that way, in which case we don't need to worry. Of course, it may be by the time - soon after we have our election the Supreme Court will rule it unconstitutional and it will be a needless act. If you choose the former course, that is, if you adopt an ordinance and determine that, based upon your City Attorney's recommendation, that it appears to be unconstitutional from the rulings of the court thus far, then, you run the risk that if the ordinance is challenged, especially if the Supreme Court determines 62 is constitutional, that every dollar you have collected on the taxes will then be subtracted from your general property tax revenue from the State. That is the penalty - for every dollar you gain on a tax that violates Proposition 62, you lose one dollar in real property taxes. Of course you lose the same dollar if you don't adopt the tax. Mayor Connors: What would be the deadline for deciding to put it on the ballot if we wanted it on there this November. If we were going to submit it to the people. City Attorney: I don't know - Bob, what would the deadline be for November. City Manager: I think it would be in August near the petition date for Council. So it would probably be the latter part of August. City Attorney: It would be the same as the election, I just don't know. Is that enough of an answer. Mayor Connors: Yes. City Attorney: I wish I had a definite, clear -cut answer for you, and, as I said, I have been putting off coming to you for this reason, that I was hoping we would have an answer. We were all hoping that perhaps the court was going to, in effect, ratify this by denying review, as they did with the Westminster case. City Manager: This case - has the court set a date for hearing. City Attorney: No they have not yet. They have just set it for review, they have not set dates for hearing, at least not that I am aware of - I haven't checked since the City Attorney's meeting two weeks ago to see if they have. I haven't called. But chances are, knowing the way the Supreme Court moves, and especially recognizing that summer is coming and they take their recess, I seriously doubt that we will see an opinion before late fall, or early next year, if that early. I haven't put this all into writing for you. I wasn't certain what we were going to put into the written record in terms of how you - you know - a recommendation - but we are needing some direction since, depending on the direction we receive, depends on the ordinance we write for you. City Manager: Do you see a problem, George, with writing an ordinance and the Council adopting the ordinance, and waiting until - and then, in its proper timing, the Council putting it on the agenda. Is what you are saying, if the ordinance is approved, and it goes for a referendum, that the tax cannot be collected until the referendum is completed. City Attorney: No. No. I am saying that you can adopt it. The tax can be collected. At some point, if and when it is Page 14 Beaumont City Council May 13, 1991 challenged, then the punishment the penalty of the City is going to be loss of general property tax revenues, equal to the amount that you have collected. The ordinance is - the language, rather, of the statute as adopted is quite specific in the penalty. And it does - let me try to find the specific language. It does relate to losing those funds. Mayor Connors: But if we put it to a vote of the people, and it passes, we have protected ourselves from that problem. City Attorney: Correct, except to the extent - well, if you chose to let it die with the sunset clause June 30, and not resurrect until after the election, that is the most conservative approach. That is going to cost. If you adopt an ordinance providing that the tax continue and be put to a vote of the people, and it is approved, you have lost nothing. The other way you have lost nothing either, except that you had whatever is collected in the interim collected, and . . . Mayor Connors: Can you put it to a vote of the people to ratify the ordinance so that it will cover the gap. City Manager: That is basically, I think, what has been said. That is the reason I asked the question the way I did. City Attorney: I believe so . . . City Manager: If you adopted an ordinance that went into effect on 1 July, and you started collecting on that ordinance, and you have established the intention that providing - unless the Supreme Court finds differently - that you are going to put it on the ballot in November, 1991, and I think what George is saying, and I have thought myself, that that is proper to do that. Mayor Connors: But does the ordinance cover it from that July date until the thing - and then you can't put on there shall the City of Beaumont extend the users tax from July to . . City Attorney: All it says is no tax subject to the vote requirement prescribed by 53723 shall be presented in an election unless the -- okay, that requires the two - thirds. No local government or district, whether or not authorized to levy a property tax may impose any general tax unless and until such general tax is submitted to the electorate of the local government or district. That would seem to indicate that you have to submit it before you impose the tax. But when it talks about the penalties to be imposed, they clearly indicate that the penalty is a return of the tax dollars. Mayor Connors: And this is imposing a tax and not extending an existing tax. City Attorney: Correct. . . Mayor Connors: We can't get away with that. City Manager: So, your vote of the people is, in a sense, a ratification. Do you agree. City Attorney: That is what we would be asking - would be a ratification of the action taken. And I don't have a definite answer. Mayor Connors: And if we ask them to ratify it to that date, and they vote no, and we have collected the money, then we lose it. City Manager: You would put that in a trust fund anyway. City Attorney: True. You could just hold those funds so that if they were lost you hadn't counted on them in the budget. Page 15 Beaumont City Council May 13, 1991 City Manager: That is going to be interesting, that we get into this situation because when we extended the utility user tax and took it to a vote of the people, that year Prop 96, or 2001 or some number, while we were already committed to the ballot, and the ballot was being printed, it was ruled it was not necessary to send it to the people, and we had already done so. Too late. Everybody else got home free. So we did that. Now we turn around - we get down to the wire to go ahead and do something again, and now we have got the threat of. . . City Attorney: Yes. The Westminster case came down - came down while we were going to ballot - well that was in September of 88 and we were in the ballot. And we couldn't do anything about that. We knew it was out there . . . and we are running that much ahead on this one too. Council Member McLaughlin: When you say there is a sunset on this thing, in other words - how long does that last before we are in the same problem again. City Manager: There is no more tax effective June 30 right now. Mayor Connors: How long is the tax for - do we do it for three years or four or . . . City Manager: We normally do five. Council Member McLaughlin: Five years. That is what I am getting to -- in other words it was five years ago that we did what we did, and now - so then if we do what we - now, theoretically, it will run another five years unless some of these things that you have spoken of . . . City Attorney: We adopted it right after the window period for Prop 62. That was November of 1985 and we adopted it in early 86. City Manager: Our problem is, now, is it the feeling of the Council that you would like for us to prepare an ordinance for the beginning of a new utility user tax time period of five years, or whatever years you tell us, and shall it stay 3% or whatever you want it. So that we can prepare that for action while we are disseminating the rest of the material as to whether or not that ordinance, if it was finally adopted, would go into effect 1 July, or would it go into effect 1 December, or . . . City Attorney: We can go as liberal as you want to take the chance. I mean I can also provide copies of this if anybody would like to read the court opinions. But, I mean, we could also take an approach that it is going to come out unconstitutional and pass the ordinance with a clause that if the Supreme Court rules it is constitutional, it then goes to an election for ratification. The further out on that limb we go, the greater the danger is that we are not going to be approved. It is unfortunate, it is going to cost the City money, even in a November election isn't it. City Manager: A November election is going to cost us five months. City Attorney: What is it going to cost us for the election itself. City Manager: It won't cost us much, probably $1500.00. We already have an election. Mayor Connors: If it went to a vote of the people, and they turned it down, and then the decision was made that it was legal for the City to do it by ordinance. City Manager: You wouldn't want to, that is political abandonment. Page 16 Beaumont City Council May 13, 1991 City Attorney: I was going to say, that is political suicide. City Manager: I probably would have to buy those ropes out of my own pocket. Council Member Leja: Its kind of like when people approve propositions, and then the State legislature takes them to court. City Attorney: This is an excellent example, though, of the real problems we have in the State with the initiative and referendum process in the fact that we don't - you know - it is bad enough when the legislature drafts things and we have to deal with ambiguities and vagueness. What we get through the ballot box is so much worse, that it is fodder for court fights for decades. General discussion continued concerning the problems with the system as it exists today, and as it applies to the situation at hand. Mayor Connors stated she felt the best thing to do was to pass the ordinance, hold on to the money, put it to a vote of the people in November, and then go from there. Just hold on to what has been collected. between July and November, and see what the outcome is of the election. For clarification the City Manager restated that wording could be placed in the ordinance, unless there is a ruling otherwise by the Supreme Court in regards to this, that it would be put to a vote of the people in the November election. The City Attorney agreed, basically, with the additional comment that in the event that Proposition 62 is declared unconstitutional any amendments could be made by two - thirds vote in accordance with those sections. Responding to a question from Council Member MacNeilage, the City Attorney indicated that if Proposition 62 is found to be constitutional there will have to be an election every five years on the tax, while on the other hand if Proposition 62 is found to be unconstitutional, an election would not be needed. Council Member Leja asked what impact it would have on the City if it failed, with the City Manager stating it would mean about $230,000 less in the budget. Direction was given to staff to prepare an emergency ordinance for presentation to the Council on June 10, to contain language stipulating the contingencies discussed, as follows: 1. To be effective on 1 July 1991. 2. That it will be placed on the ballot in November, unless there is a ruling by the Supreme Court that Proposition 62 is unconstitutional, and if so this ruling will in - validate only that portion of the ordinance affected. 3. The money to be held in a trust fund until the outcome of the election in November is determined. 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 22, 1991. b. Approval of Warrants and Payroll. Page 17 11. 12. Beaumont City Council May 13, 1991 c. Request from City Manager to Carry Over Vacation Time. d. RESOLUTION NO. 1991 -19 - Accepting Offer of Dedication for Right -of -Way Along Fourth Street in Block 107, an Ordering Recordation Thereof with the County Recorder. ( McIntyre /Green - Fourth /Minnesota). e. RESOLUTION NO. 1991 -20 - Requesting the Local Agency Formation Commission to Take Proceedings for the Annexation of Uninhabited Territory Pursuant to the Local Government Reorganization Act of 1985. (Annexation 90- ANX -4 -46 - City of Beaumont). f. RESOLUTION NO. 1991 -22 - Consenting to Transfer and Assignment of Franchise and Hypothecation of Assets by Palmer CableVision. Motion by Council Member Leja, second by Council Member MacNeilage, to adopt the consent calendar as presented. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. Consideration of Cancellation of Regular Meeting of Monday, May 27, 1991 due to Memorial Day Holiday. The City Manager reminded the Council that in canceling the regular meeting, if any important business were to come up that couldn't wait, a special meeting could be called for that purpose. Motion by Council Member McLaughlin, second by Council Member Leja, to cancel the regular meeting of Monday, May 27, 1991 due to the Memorial Day holiday. AYES: Council Member Leja, and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. MacNeilage, McLaughlin, Parrott Recess to Closed Session to Meet with Its Designated Representative Regarding Labor Relations Matters Pursuant to Government Code Section 54957.6. The meeting was recessed to closed session at 8:38 P.M. The meeting was reconvened to regular session at 9:33 P.M. Let the record show no action was taken in closed session. Date Set for Next Regular Meeting, Monday, June 10, 1991, 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 9:34 P.M. Respectfully submitted, City Clerk Page 18 BEAUMONT CITY COUNCIL MINUTES OF APRIL 22, 1991 The Beaumont City Council met in a regular meeting on Monday, April 22, 1991, at 7:00 P.M., in the City Council Chambers, with Mayor Connors presiding. On roll call the following Council Members were present: Leja, MacNeilage, 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 were no requests to speak under oral communication. 4. Request from Council Member Leja for Reconsideration of Negative Declaration 91 -ND -7. Applicant: Aware Development Location: North side of 6th Street between Illinois and American Avenues, immediately east of the Rusty Lantern Restaurant. Proposed 441 mini - storage units with manager's residence. (91- PP -2). Council Member Leja advised she had spoken with the applicant the day after the previous meeting, and he indicated that he was unable to attend that meeting to answer any questions the Council might have had, and in light of the information he gave to her she felt it would be fair to request a reconsideration of this negative declaration. Joliene Weiss, representing Aware Development, presented a complete overview of the proposed project, including the mitigation measures which have been taken to overcome the two negative impacts, which were defined as visual impact and the security of the project. She also called out the fact the project is being required by the City to construct major street improvements. Council Member Leja asked, since there is a question concerning the number of units on the property, whether some of the closed storage could be converted to RV storage, with Ms. Weiss indicating they would prefer not to have RV storage because they felt the open visibility would have more of a negative visual impact. Mrs. Leja also questioned whether there was a marketing study indicating a need for this number of storage units in the area. Ms. Weiss answered that a marketing study had been conducted which revealed the existing mini - storage company has a waiting list of two and a half to three months, and their marketing study indicated a need for additional storage units in the area. Council Member MacNeilage asked what the height of the lighting would be and whether it would carry over the exterior wall, with Ms. Weiss replying the lighting would be wall mounted placed throughout the area. Page 1 Beaumont City Council April 22, 1991 Mayor Connors requested clarification regarding the proposed commercial use, the corridor to be utilized past the commercial to the mini - storage area, placement of the block wall and their capability to have federal agencies check individuals proposing to use the storage units. Council Member MacNeilage confirmed his understanding that each unit would have a security system installed. Mayor Connors then expressed her concerns relative to the number of units on the property, pointing to the original application by Jasper Stone Development for 57,015 sq.ft. of building on the same piece of land, with the Planning Department stating at that time they felt the site was overbuilt, and the impact would have to be mitigated. They are now being presented with this request for 75,005 sq.ft. with talk about mitigation again - but if it was overbuilt at 57,015 sq.ft., how can they put 75,000 sq.ft. of building on the same site. She did not understand how planning could recommend approval when they originally found it overbuilt at 57,015 sq.ft. Stephen Koules, Director of Community Development, indicated he did not have the previous staff report, however, felt the current staff report expresses staff's concerns, but because of the history of the project, approval was recommended. Responding to Mayor Connor's continuing questions regarding at what point staff would consider denial of a project which appeared to be overbuilt, Mr. Koules stated that, in this case, staff felt the City was getting a great deal of improvements, and the conditions of approval addressed the impact concerns and, as a result, the impacts were being minimized. David Sumner, Sanborn & Webb Engineering, presented a summary of the history of the project for the information of the Council. Mayor Connors continued to question the fact the original project appeared to have the same conditions of approval with less units, and the RV Storage had been deleted at that time, so she still couldn't understand how approval could be recommended with the addition of more units, with Mr. Koules and Mr. Sumner answering her questions This discussion continued with Mayor Connors again pointing out the original project had the same conditions of approval with less units being proposed, and the RV storage had been deleted at that time. Mr. Koules answered that staff felt justified in recommending approval with the conditions which were being imposed. There were no additional comments from the Council other than Mayor Connors again pointing out she felt the project was overbuilt in the original proposal and is overbuilt this time as well, and the things which the City is supposed to be accomplishing by allowing this additional square footage, had already been obtained. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt Negative Declaration 91 -ND -7, based on the findings. AYES: Council Member Leja, MacNeilage, McLaughlin and Parrott. NOES: Mayor Connors. ABSTAIN: None. ABSENT: None. 5. PROPOSED CHANGE OF ZONE 90 -RZ -9 AND SPECIFIC PLAN SP -90 -3. Applicant: Robertson Homes. Location: South side of Highway 60, across from Western Knolls Road, and running southerly for a distance of approximately 2,000 ft. to a line approximately 21500 ft. westerly of the west end of 4th Street. (Continued from April 8, 1991). Page 2 Beaumont City Council April 22, 1991 A proposed zone change on 155 acres from Planned Unit Development (PUD) to Specific Planning Area (SPA 4.1 dwelling units per acre) (90- RZ -9) . The proposed adoption of a Specific Plan on 155 acres to include single family detached units with 62 -5,200 sq.ft. lots on 12 acres (proposed as a school site) with an average lot size of 5,600 sq.ft., 353 -5,500 sq.ft. lots on 67 acres with an average lot size of 6,300 sq.ft., 101 -6,000 sq.ft. lots on 22 acres with an average lot size of 7,800 sq.ft., 116 -7,000 sq.ft. lots on 28 acres with an average lot size of 8,000 sq.ft., with a density of 4.1 dwelling units per acre, for a maximum of 632 single family units; 11 acres of open space and parks; 13 acres of major roads; 12 acres within the residential area as a potential elementary school site; and a 2 acre neighborhood retail /commercial center. (SP- 90 -3). a. ORDINANCE NO. 701 - FIRST READING - Rezoning 155 acres from Planned Unit Development (PUD) to Specific Planning Area (SPA 4.1 dwelling units per acre) (90- RZ -9). Motion to read Ordinance No. 701 by title only. Motion by Council Member Leja, second by Council Member Parrott, to read Ordinance No. 701 by title only. AYES: Council Member Leja, and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. MacNeilage, McLaughlin, Parrott The ordinance was read by title only by the Deputy City Clerk. Mr. John Carvelli, Inland Group, Inc., presented information to the Council concerning the project they propose at this time, which takes into consideration the comments made by the City Council at the previous meeting. He advised that a detailed lotting study of the project had been done which removed the 5,000 sq.ft. lots from the project. Additionally, they are proposing an improved park and a day care center. They have also met with the school district and the adjacent property owners, Mr. Dowling and Mr. Coussoulis to address their concerns. Mr. Carvelli then went to several artists renderings of the project to demonstrate what they are proposing. He also distributed a number of handouts to the Council, including the lotting tabulations. Dr. Cary Lowe, Director of Land Development for Coussoulis Development, an adjacent property owner to Rolling Hills, spoke in favor of this project, indicating they felt the project would be an outstanding neighbor to their own project, and they feel what has been proposed would be very compatible and a quality project which they look forward to having next to their project. They also look forward to working with them to achieve a workable access to State Route 60, which has been a matter of some complexity in design and engineering, and they have managed to work out what appears to be a very successful arrangement with CalTrans to provide temporary access to the freeway at their mutual property line. The meeting was recessed at 7:40 p.m. to allow the Council time to review the handouts distributed by Mr. Carvelli, reconvening at 7:56 p.m. Mr. Francis Dowling, 433 Minnesota, an adjacent property owner to the Rolling Hills project, read a letter into the record which indicated the concern he had expressed at the last meeting regarding the access road had been addressed satisfactorily.and he has no opposition to the roadway's current location. He did Page 3 Beaumont City Council April 22, 1991 state,' however, there are other points that must be considered as plans for the future develop, and he would expect Robertson Homes to include him in the negotiations for development of access plans. This letter is a matter of record in the Clerk's file. Council Member MacNeilage requested clarification concerning the number of 6,000 sq.ft. lots, as it appeared they had been reduced by 12 acres. Mr. Carvelli said this was not correct, and explained exactly what is being proposed, with the lotting tabulations giving a detailed lot by lot count of what will be included in this project rather than by acreage as was previously shown. Council Member MacNeilage then asked if the alternatives which were discussed at the last meeting were going to be brought forward tonight. Mr. Koules explained that CEQA requires that you offer alternatives on the project, but he wanted to remind the Council the EIR was certified at the last meeting. Council Member MacNeilage brought up the question of the earth being moved shown as being 2.4 million feet, and it appears there has now been a revision, since it now shows 1.2 million. Mr. Carvelli explained that the additional study which has been done now shows there will be 700,000 cu.yds of cut and fill, with 1.2 million being shown as the maximum. He also pointed out this would be moving the dirt from one location to another on the site. Discussion continued concerning this question, with Mr. Steve Stapleton of L. D. King Engineers providing information that for 155 acres, 15,000 yards per lot is generally acceptable in the engineering trade. Mayor Connors requested to know where in the park area there would be room for the children to play, since most of the area appeared to be used for tennis courts, volley ball courts and a par course. She also wanted to know if it was all usable area, or were there sloping sides. Dave Dodson, of the Planning Center, explained what is being proposed for the park area, which essentially will be a level area, with some undulation. He explained further they are providing four tennis courts, two of which could be used for basketball as well. He did feel sufficient area was being provided for field play, such as baseball, etc. as well. Mayor Connors asked if the park would be fully improved, with Mr. Carvelli indicating it would be. She then asked if they were serious about providing the day care center, even if the Council did not approve the project at less than 6,000 sq.ft. lots. Mr. Dave Fisher, owner of Robertson Homes, responded to Mayor Connor's questions, in that they could put all 6,000 sq.ft. lots there, but chose to try to have a variance in their neighborhoods, with both bigger homes and more affordable homes. They can provide all 6,000 sq.ft. lots, but they would prefer not to do that because the alternative gives a more varied neighborhood. But they will have the day care one way or the other. Lengthy discussion continued for more than an hour, with many questions being asked by the Council addressing all aspects of the project, including the riparian area, the school site, the park area, and the access to Highway 60 among others. This discussion is a matter of record on the tape of this meeting, and is available upon request. Let the record show Mr. Koules called attention to the following changes to the Specific Plan: Page 4 Beaumont City Council April 22, 1991 The original specific plan did not show the access going along the northwest quarter of the property. The packet given to the Council tonight includes the recommended alignment. The statement in the Specific Plan at II, page 2, which indicates the "site access to be obtained via two community roads connected to an improved 4th Street. A future interchange is planned on State Route 60 approximately one -half mile from the project site which will eventually provide a westerly connection to 4th Street. Internal circulation will be by residential streets to and from the internal loop road" should be deleted or corrected to show there is the road going to the northwest corner of the site. Also, the categories shown in the specific plan are overlapping, which causes confusion. There is a lot range from 5,200 to 7,800 sq.ft. and from 5,500 to 15,000, from 6,000 to 16,000 and from 7,000 to 18,000. It should be indicated that the Rolling Hills Ranch lotting tabulation is incorporated into the Specific Plan, as the number of lots on the lotting tabulations on the blue line originally presented is different from the lotting tabulations on the summary sheet. Mr. Koules then asked the Council to be aware whatever is approved in the Specific Plan so far as zoning, setbacks, etc., are what will govern when the tract map is reviewed. The zoning ordinance, Title 17, will not apply. Mr. Carvelli indicated they are fully in agreement with the changes and corrections mentioned by Mr. Koules, as well as participating in a landscaping /lighting district which was brought up by the City Manager. It was summarized that the Specific Plan, as it now stands, is subject to the deletions that were discussed regarding the secondary access and the crash gate, and the lot ranges should be changed because they are confusing, which should be clarified by the lotting tabulation sheet. Staff is to work with the developer to make certain all changes are made in the Specific Plan. Comments from the Council were as follows: Council Member MacNeilage stated he still was not in favor of less than 6,000 sq.ft. lots. and the setbacks proposed on the larger lots. Council Member McLaughlin stated he was is favor of the project, as they have made considerable improvements to the project in their presentation tonight, and did not feel a precedent was being set. Council Member Parrott felt it was a good design and he was in favor of the project. Council Member Leja said she had been strongly opposed to 5,000 sq.ft. lots, but a lot of changes have been made and she feels affordable housing is very important to have. With the park which is planned and the day care center and variances in lots sizes, this will be a very good project. Mayor Connors agreed completely with Mr. MacNeilage in opposing anything less than 6,000 sq.ft. lots. She also felt the Council should be provided with a new specific plan with all the changes and deletions included for review before a decision is made. The fact that all Council Members may not agree to all of the changes was also brought forward, such as whether they were to list the improvements to the park and the size of the day care center. Chris Mechalas of KiddieCorp. addressed the Council indicating the state sets the standards for the day care center, depending on the number of children they plan to serve. A 50 -100 child center is the average. Page 5 Beaumont City Council April 22, 1991 The discussion returned to the issue of lotting tabulations, with the City Manager pointing out that the lots, as shown in the Specific Plan, are confusing with the overlapping situation, and the lotting tabulation sheet. given to the Council tonight takes away the duplication and the overlapping, so the sheet given to them tonight should be incorporated into the Specific Plan wherever shown in the Specific Plan. The price range of the homes, depending on lot size, and their affordability and ability to qualify for VA and Cal -Vet loans, was brought up, with Mayor Connors indicating the 6,000 sq.ft. minimum was set for the aesthetics value, and Council Members Leja and McLaughlin stating the City has to be aware of the need by young families for affordability, and must meet those needs as well. Motion to approve Ordinance No. 701 at its first reading. Motion by Council Member McLaughlin, second by Council Member Leja, to approve Ordinance No. 701 at its first reading. AYES: Council Member Leja, McLaughlin and Parrott. NOES: Council Member MacNeilage and Mayor Connors. ABSTAIN: None. ABSENT: None. MOTION CARRIED. b. RESOLUTION NO. 1991 -14 - Adopting Rolling Hills Specific Plan SP -90 -3. Applicant: Robertson Homes. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt Resolution No. 1991 -14. AYES: Council Member Leja, McLaughlin and Parrott. NOES: Council Member MacNeilage and Mayor Connors. ABSTAIN: None. ABSENT: None. c. Consider the Adoption of a Mitigation Monitoring Program for the Rolling Hills Ranch Specific Plan and Environmental Impact Report. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt the mitigation monitoring program for the Rolling Hills Ranch Specific Plan and Environmental Impact Report. AYES: Council Member Leja, and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. MacNeilage, McLaughlin, Parrott The meeting was recessed at 9:39 p.m., reconvening at 9:50 p.m. 6. Request from Mr. Larry Perrault for Discussion Regarding Proposed Closure of Twin Pines Ranch by County of Riverside, and Consideration of Adoption of Resolution or Letter in Support of Twin Pines Ranch. Mayor Connors called attention to the information contained in their packet, and commented that she had the opportunity to tour the ranch about a year ago and was very impressed with the environment of the ranch and the programs provided to the boys who were there. She stated further it was a very positive experience, and she is very much in favor of Twin Pines. Council Member McLaughlin stated he has also been to the ranch, and it is a real asset to the area and gets a lot of kids back on the right track. Page 6 7. 9. Beaumont City Council April 22, 1991 RESOLUTION No. 1991 -18 - In Support of Twin Pines Ranch. Motion by Council Member Leja, second by Council Member McLaughlin to adopt Resolution No. 1991 -18. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. Consideration of Applications Received for Appointment to Fill Vacancy on Planning Commission. There was brief discussion of the two applications received for appointment to the Planning Commission. Motion by Council Member MacNeilage, second by Council Member Leja, to fill the vacancy on the Planning Commission with Mr. Michael Burch for the unexpired term of Roger Berg, which term expires on December 31, 1992. AYES: Council Member Leja, and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. MacNeilage, McLaughlin, Parrott Report Concerning Cherry Festival Security. The City Manager requested this agenda item be continued to the next regular meeting as he had been unable to meet with the Cherry Festival Association representatives. There were no objections from the Council to continue this item to May 13, 1991. Report Regarding Bids Received, and Consideration of Award of Bid, for Traffic Signal Installations at Sixth Street and Pennsylvania and at Fourteenth Street and Beaumont Avenue. The City Manager presented his report concerning the bids received, a copy of which is a matter of record in the Clerk's file. Motion by Council Member McLaughlin, second by Council Member Parrott, to award the bid for traffic signals at Fourteenth Street and Beaumont Avenue, and Sixth Street and Pennsylvania Avenue to Sierra Pacific Electrical Construction, in the amount of $244,240.48, with $184,240.48 charged to Account No. 9050 -6020 and $60,000.00 charged to Account No. 9080 -6020, and authorize the Mayor to execute all documents required to complete this project. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 10. Consideration of Proposal from Kleinfelder, Inc. to Develop a Source Reduction and Recycling Element and Household Hazardous Waste Element, and Authorization for Mayor to Sign Agreement for Same. A report was presented by the City Manager, a copy of which is a matter of record in the Clerk's file. There were no questions or comments from the Council. Motion by Council Member Leja, second by Council Member MacNeilage, to approve Kleinfelder, Inc.'s proposal to develop a Source Reduction and Recycling Element and Household Hazardous Waste Element for the City of Beaumont in an amount not -to- exceed $46,860.00, and authorize the Mayor to execute the agreement covering same. Page 7 Beaumont City Council April 22, 1991 AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 11. ORDINANCE NO. 699 - SECOND READING - Rezoning Certain Property From R -A Residential Agriculture) to C -G (Commercial General). (90- RZ -7). Motion to read Ordinance No. 699 by title only. Motion by Council Member McLaughlin, second by Council Member Leja, to read Ordinance No. 699 by title only. AYES: Council Member Leja, MacNeilage, 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. 699 at its second reading. Motion by Council Member McLaughlin, second by Council Member Leja, to adopt Ordinance No. 699 at its second reading. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 12. ORDINANCE NO. 700 - SECOND READING - Prezoning 6.15 acres from County R- Residential Single Family) to City RSF (Residential Single Family). (91- RZ -2). Motion to read Ordinance No. 700 by title only. Motion by Council Member Leja, second by Council Member McLaughlin, to read Ordinance No. 700 by title only. AYES: Council Member Leja, MacNeilage, 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. 700 at its second reading. Motion by Council Member Leja, second by Council Member McLaughlin, to adopt Ordinance No. 700 at its second reading. AYES: Council Member Leja, MacNeilage, 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. a. Approval of Minutes of Regular Council Meeting of April 8, 1991. Page 8 Beaumont City Council April 22, 1991 b. Approval of Warrants as Audited per Warrant List of April 22, 1991, in the amount of $178,205.27; and Payroll of April 11, 1991, in the amount of $68,984.80. c. RESOLUTION No. 1991 -17 - Accepting Grants of Easement- Roadway to Accommodate InstaTTations of Traffic Signals. Motion by Council Member Leja, second by Council Member MacNeilage, to adopt the consent calendar as presented. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. Date Set for Next Regular Council Meeting, Monday, May 13, 1991, at 7:00 P.M., in the City Council Chambers. There being no further business to come before the Council, the meeting was adjourned at 10:13 p.m. Respectfully submitted, City Clerk Page 9 BEAUMONT CITY COUNCIL MINUTES OF APRIL 8, 1991 The Beaumont City Council met in a Regular Meeting on Monday, April 8, 1991, at 7:00 P.M., in the City Council Chambers, with Mayor Connors presiding. On roll cal l the following Council Members were present: Leja, MacNeilage, 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. INTENT TO ADOPT NEGATIVE DECLARATION 91 -ND -6. Applicant: Western Coating, Inc. Location: South Side of "B" Street between Viele Ave. and Elm Street. Proposed Construction of a 22,000 sq.ft. Metal Commercial Building (Including Office Space) on 4.2 acres. (91- PP -1). The staff report was presented by Douglas Fazekas, Assistant Planner, a copy of which is a matter of record in the clerk's file. The recommendation from the Planning Commission was for adoption of Negative Declaration 91 -ND -6. There were no questions from the Council. The public hearing was opened at 7:05 P.M. There was no one requesting to speak during this public hearing. The public hearing was closed at 7:06 P.M. Council Member Leja pointed out that in the Conditions of Approval there is a typographical error in No. 9, the word "an" should be on She then questioned whether or not the landscaping, as shown in Item No. 14 of the conditions, would be drought resistant landscaping, with Mr. Fazekas replying in the affirmative. There were no other comments or discussion from the Council. a. Consideration of Adoption of Negative Declaration 91 -ND -6 based on the findings. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt Negative Declaration 91 -ND -6, based on the findings. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. Page 1 Beaumont City Council April 8, 1991 NOES: None. ABSTAIN: None. ABSENT: None. 5. INTENT TO ADOPT NEGATIVE DECLARATION 91 -ND -7. Applicant: Aware Development (formerly Jasper Stone Development, 87- PP -11). Location: North side of 6th Street between Illinois and American Avenues, immediately east of_, the Rusty Lantern Restaurant. Proposed 441 mini - storage units with manager's residence. (91- PP -2). Mr. Fazekas presented the staff report, in which the Planning Commission recommended adoption of the negative declaration. A copy of this staff report is a matter of record in the Clerk's file. It should be noted there is a statement contained in the report that although the use of some 75,005 sq.ft. of building on 3.53 acres is of concern to staff in terms of the site being overbuilt, it is intended that the conditions of approval will mitigate the impact of the project and insure the construction of a high quality project. Mayor Connors asked what the Planning Commission vote was in approving this project, with Mr. Fazekas responding that the vote was 4 -0 in favor. The public hearing was opened at 7 :10 P.M. Mr. Dave Sumner: Madame Mayor and Members of the Council, my name is Dave Sumner, representing Sanborn and Webb Engineers, who is the engineer for the project, Aware Developers. Obviously we are a proponent but I don't have anything in detail unless you have some questions. I would be happy to answer anything you have. I believe it is fairly detailed from the staff report. And unless you have some questions I don't know what I could add to it. Council Member Parrott: Have you made a study. Have you made a study of the area and is there enough need - call for that extra space. Mr. Sumner: Like a market study? Council Member Parrott: A market study. Mr. Sumner: No, we have done no market studies for them. We have done just engineering and technical. We have done no marketing for them. We are not in that business for them. But apparently they have, as did Jasper Stone prior, and Aware Developers apparently thought there was a good market. There is one right across the street too. Council Member Parrott: I know that, that is why I asked you that. Mr. Sumner: But I don't know. Somebody else in town, another firm out on Xenia or the next one over, also is planning on another mini - warehouse. So maybe there is a big market for it out there with what is happening. I don't know. I really don't know that question. Mayor Connors: Are there any other questions. No. Is there anyone else wishing to speak in favor of Item No. 5. Is there anyone wishing to speak in opposition to Item No. 5. Anyone else wishing to speak at all on Item No. 5. We will close the public hearing. The public hearing was closed at 7 :12 P.M. Mayor Connors stated her feeling is that this is too much on that one piece of property, as she thought there are entirely too many units being proposed for that piece of property. Page 2 Beaumont City Council April 8, 1991 a. Consideration of Adoption of Negative Declaration 91 -ND -7, based on the findings. Motion by Council Member Leja, second by Mayor Connors, not to adopt Negative Declaration 91 -ND -7 on the finding of the crowding of the lot. AYES: Council Member Leja, MacNeilage and Mayor Connors. NOES: Council Member McLaughlin and Parrott. ABSTAIN: None. ABSENT: None. The negative declaration was not adopted on a vote of 3 -2. 6. PROPOSED CHANGE OF ZONE 90 -RZ -7; GENERAL PLAN AMENDMENT 91 -GP- 1; and NEGATIVE DECLARATION 91 -ND -4. Applicant: The Beaumont Partners /Beaumont Land Fund X. Location: Southeast Corner of 1st Street and Beaumont Avenue. A proposed zone change on 11.82 acres from R -A (Residential Agriculture) to C -G (Commercial General) (90- RZ -7); a proposed general plan amendment from Rural- Residential to Commercial General (91- GP -1); and adoption of Negative Declaration 91 -ND -4 finding that the proposed zone change and general plan amendment will not have a significant impact on the environment. The staff report was presented by Douglas Fazekas, with a recommendation from the Planning Commission for approval. A copy of this report is a matter of record in the Clerk's file. Mayor Connors asked if the two buildings in the surrounding land uses were inhabited or uninhabited, with Mr. Fazekas advising they are vacant. The public Hearing was opened at 7:17 P.M. Mr. John Carvelli: Mayor Connors and Members of the Council, my name is John Carvelli of Inland Group in Newport Beach. I thank you in advance for your consideration. I have nothing to add to the staff report except that I am here to answer any questions. Thank you again. Mayor Connors: Thank you. Is there anyone else wishing to speak in favor of Item No. 6. Dave Sumner: Members of the Council, again, Dave Sumner with Sanborn and Webb Engineers, 795 E. 6th Street, Suite K in Beaumont. Again, we are the engineers on the project. If you have any technical questions regarding this we will be happy to answer them. It seems like it is a good project, I think, for the development of what you are trying to do on First Street. If you have anything technical I will be happy to come back to the microphone. I'll stand here for a minute. Mayor Connors: Thank you. Do you have any questions for Mr. Sumner. Thank you. Is there anyone else wishing to speak in favor of Item No. 6. Is there anyone wishing to spe,ak in opposition of Item No. 6. Anyone wishing to speak in opposition to Item 6. Anyone wishing to speak at all on Item No. 6. We will close the public hearing. The public hearing was closed at 7:18 P.M. There were no comments or questions from the Council. a. Consideration of Adoption of Negative Declaration 91 -ND -4, based on the findings. Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt Negative Declaration 91 -ND -4, based on the findings. Page 3 Beaumont City Council April 8, 1991 AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. b. ORDINANCE NO. 699 - FIRST READING - Rezoning Certain Property From R -A Residential Agriculture) to C -G (Commercial General). (90- RZ -7). Motion to read Ordinance No. 699 by title only. Motion by Council Member Leja, second by Council Member McLaughlin, to read Ordinance No. 699 by title only. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. The ordinance was read by title only by the Deputy City Clerk. Motion by Approve Ordinance No. 699 at its first reading. Motion by Council Member Leja, second by Council Member McLaughlin, to approve Ordinance No. 699 at its first reading. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. c. RESOLUTION NO. 1991 -13 - Amending the General Plan to Change Zoning from Rural Residential to Commercial General. (91- GP-1). Motion by Council Member Leja, second by Council Member Parrott, to adopt Resolution No. 1991 -13. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 7. PROPOSED PRE - ANNEXATION CHANGE OF ZONE 91 -RZ -2 AND INTENT TO ADOPT NEGATIVE DECLARATION 91 -ND -5. Applicant: Allied Group and Helou Saab, Inc. Location: Southeast corner of Brookside Avenue and Orchard Heights. A proposed pre- annexation change of zone on 6.15 acres from Riverside County R -1 (Residential Single Family) to City RSF (Residential Single Family). (91- ANX- 3 -51). Mr. Fazekas presented the staff report, with a recommendation for approval by the Planning Commission. A copy of this report is a matter of record in the Clerk's file. There were no questions from the Council. The public hearing was opened at 7:24 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 favor of Item No. 7. Is there anyone wishing to speak in opposition to Item No. 7. Would you please give your name and address. Mr. Clyde King, speaking in opposition: We were in front of the Planning Commission three weeks ago and we had a room full. The Page 4 Beaumont City Council April 8, 1991 reason we don't tonight is because you people look at us like we are a bunch of dummies and voted in favor anyway. My name is Clyde King and my property borders this property. I live on Maureen Drive. My neighbors and I protest the annexation of said property. This property borders many residents of Cherry Valley and I personally don't want the possibility of high density housing. . This property is also in the sphere of Cherry Valley and we are trying to incorporate, and we would like to keep it that way. I have talked to most of my neighbors and they all protest annexation of said property. We are a community now, and we want to keep it that way. We don't need the chance of increased vandalism, increased traffic, or the possibility of lower property values. I moved to Cherry Valley to get out of crowded communities. Please let us keep it that way. Thank you. Mayor Connors: Thank you. Is there anyone else that would like to speak in opposition to this item at the microphone. Is there anyone else that would like to speak in opposition to 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 7:26 P.M. Council Member Leja asked isn't it true that this is not a specific plan for this development. Mr. Fazekas confirmed this was not a specific plan, but an annexation. Council Member Leja continued that it is her understanding all the Council is doing tonight is considering the request of the property owner to become part of the City of Beaumont. Mr. Fazekas again confirmed this is correct, and that this property could annex to the City of Beaumont only when the Deutsch property was approved for annexation. The City Manager pointed out this does carry a pre- annexation zoning of single family only. Mrs. Leja then stated that, in light of the fact it is the property owner' s ri ght to sel ect i n whi ch area they prefer to be part of at this time, it would appear they prefer to be part of the City of Beaumont, which is their choice, and they know of the current procedures that are underway by the residents of Cherry Valley to become a City. So this property owner has made a choice based on what they feel is in their best interests. Council Member Parrott stated that property owners do have a right to do the best they can with their property, taking into consideration their adjacent neighbors, and he has no objection to this application. Council Member McLaughlin said the only comment he could make at this time, that hasn't already been stated, is that he knows the land there and it is adjacent to what is going to be.built. With the improvements which will be taking place over the next thirty years, he does not believe that - as the man stated - that this will decrease the value of his property. On the contrary, it is his feeling it will increase the value by a considerable amount. Being familiar with Maureen Drive, they are a single family residential area, so he cannot see exactly what Mr. King's objection is. Council Member MacNeilage had a question for staff in that this is his first time in seeing an annexation contingent upon another annexation, and wondered if this is something that is common. Page 5 Beaumont City Council April 8, 1991 The City Manager answered it is a normal thing that is done, especially since the Deutsch annexation is considerably ahead of this one, but if this one reached LAFCO prior to the Deutsch annexation all they would do would be hold it until the Deutsch annexation is complete, or hear it the same day if it were ready at that time. There were no other comments or questions from the Council. a. Consideration of Adoption of Negative Declaration 91 -ND -5, based on the findings. Motion by Council Member McLaughlin, second by Council Member Leja, to adopt Negative Declaration 91 -ND -5, based on the findings. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. b. ORDINANCE NO. 700 - FIRST READING - Prezoning 6.15 acres from County R- Residential Single Family) to City RSF (Residential Single Family). (91- RZ -2). Motion by Council Member Leja, second by Council Member MacNeilage, to read Ordinance No. 700 by title only. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. The ordinance was read by title only by the Deputy City Clerk. Motion by Council Member Leja, second by Council Member MacNeilage, to approve Ordinance No. 700 at its first reading. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. c. RESOLUTION NO. 1991 -15 - Requesting the Local Agency Formation Commission to Take Proceedings for the Annexation of Uninhabited Territory Pursuant to the Local Government Reorganization Act of 1985. Motion by Council Member Leja, second by Council Member MacNeilage, to adopt Resolution No. 1991 -15. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 8. PROPOSED CHANGE OF ZONE 90 -RZ -9; SPECIFIC PLAN SP -90 -3; and ENVIRONMENTAL IMPACT REPORT EIR -90 -3. Applicant: Robertson Homes. Location: South side of Highway 60, across from Western Knolls Road, and running southerly for a distance of approximately 2,000 ft. to a line approximately 2,500 ft. westerly of the west end of 4th Street. A proposed zone change on 155 acres from. Planned Unit Development (PUD) to Specific Planning Area (SPA 4.1 dwelling units per acre) (90- RZ -9). Page 6 Beaumont City Council April 8, 1991 The proposed adoption of a Specific Plan on 155 acres to include single family detached units on min. 5000, 6000 and 7000 sq.ft. lots with a density of 4.1 dwelling units per acre, for a maximum of 632 single family units 11 acres of open space and parks; 13 acres of major roads, 10 acres within the residential area as a potential elementary school site; and a 2 acre neighborhood retail /commercial center. (SP- 90 -3). Certification that the final environmental impact report has been completed in compliance with the California Environmental Quality Act (CEQA) and consideration of findings that mitigation measures have been taken regarding any significant environmental impacts identified. (EIR- 90 -3). The staff report was received from Douglas Fazekas, with a recommendation for approval by the Planning Commission. A copy of this report is a matter of record in the Clerk's file. There were no questions from the Council relating to this staff report and recommendation. The public hearing was opened at 7:38 P.M. Dave Dodson: Good evening Honorable Mayor Connors and City Council Members. My name is Dave Dodson and I am with the Planning Center. I am the planner, as well as the representative for the Rolling Hills Ranch project. What I would like to do, if it is acceptable by you, is give a brief presentation as to some of the issues surrounding the project as it stands. Mayor Connors: All right. Mr. Dodson: (Speaking away from the microphone). With me this evening are several other consultants that are on board for the project. The developer, Joe DiCristina, of Robertson Homes. Next to him is John Carvelli with the Inland Group, a partner. Adjacent to him is Tom Ryan, who is doing the environmental studies for the Chambers Group. Other members are Steve Stapleton, civil engineer with L. D. King. Providing market research is Bob McFarland with Market Profiles. And doing soils engineering is Ted Johnson and Doug Cooper, with Leighton and Associates. I would like to also thank the Planning Director, Steve Koules, who is not here this' evening, and Doug Fazekas for their professionalism and support throughout the course of the project. We worked quite a while with them in working. things out, and we feel real good about the project where it stands. I would also like to commend the Council for their vision as to the future where the City of Beaumont is going. Especially the parks., open space and City beautification program and concept. I think that is real strong in creating some identity for the City, and it is very refreshing to see. We feel that Beaumont does not want to be just another sprawling City within LA's megalopolis, and actually seeks to find their own identity. I think we have come a long way from John Thomas's 3500 lot size, high density proposal. That was quite some time ago. In synopsis, the Rolling Hills Ranch consists of 155 acres at the western end of the City, just south of Highway 60. There are mixed use land uses. At the north is State Route 60. At the northeast corner there is a fruit stand. Next to that there is an inactive landfill. In the southeast corner there is the wastewater treatment facility. South of this is a farm building. On the left side, as Doug mentioned, is the proposed Willow Springs project. In the northwest corner is the future overpass interchange proposal on State Route 60. Page 7 Beaumont City Council April 8, 1991 Primary access to the project will be along 4th Street. We have developed a loop road system called Silverado Trail in order to provide access throughout the project for the residents. In developing this plan our goal was to create a sense of community for a broad range of residents. Homes on 5,000 sq.ft. lots are for seniors, young families and first time home buyers. These folks can purchase their first homes in the community and begin their roots here. This project also provides move -up opportunities to 6 and 7,000 sq.ft. lots so these folks can move while still remaining in the same community. Besides the residential uses there is a support commercial center, two acres, that has been located to provide support services throughout the community. We have also located a centralized park. Adjacent to that is a proposed school site of ten acres. Both the school site and the park will be linked by a trails network that runs throughout the community and will tie into the Cooper's Creek regional trail network down here along Cooper's Creek. The park will remain in its natural condition due to the sensitive riparian habitat that exists there. Because we feel this project will be the western gateway to the City, we have also provided - we have taken several steps to insure that. The first step was to create an entry sequence to the City that was aesthesti cal ly pleasing. To achieve this we created a twenty -five foot landscape beautification area that runs along the north side of the project. This will consist of berm, landscape planting and a textured wall that will undulate as one passes along State Route 60 in order to provide visual interest. Secondly we designed this project so as to create neighborhoods. In doing so most streets in the project are cul -du -sacs. They splay off the road system as so. This will soften and break up the row house effect along the freeway. One of the big concerns is if you have a frontage road here, have homes lined up along there, from State Route 60 you just see a row of homes. What happens, in fact - if you look in the project booklet that was provided to you - you will see not only the project entry on the cover, along 4th Street, but also you will see in there a typical cul -du -sac and these pie shaped lots that would have homes oriented in such a way that it would undulate along the freeway here. We feel that a community that prides itself on quality will tend to attract quality builders. Robertson Homes has nation -wide experience, and prides themselves on very high standards, and a reputation for building quality communities. I would like to thank the Council for your time and consideration this evening. That concludes our presentation. Myself as well as the other consultants are available to answer any questions that you might have. Mayor Connors: Does anyone have any questions of Mr. Dodson. Council Member Parrott: I would like to make a statement, Mayor. Mayor Connors: Excuse me. Did you have a question of staff. Council Member Leja: Of his staff, his consultants. Mayor Connors: Oh, okay. Mrs. Leja was a little bit ahead of you Mr. Parrott. City Manager: You should hold the comments until after the public hearing. Mayor Connors: Until after the public hearing. Okay. Is there anyone else wishing to speak in favor of Item No. 8. Is there anyone wishing to speak in opposition to Item No. 8. Okay, would Page 8 Beaumont City Council April 8, 1991 you give your name and address for the record please. Roger Berg: My name is Roger Berg, 1164 Euclid, Beaumont. I have got a couple of questions. Maybe I didn't quite hear Mr. Fazekas correctly. You said 45 foot minimum frontage on those lots. Mr. Fazekas: No. The 45 foot was the cul -du -sac frontage requested by Jim Dotson. And Mr. Koules now asks that it be deferred until tentative tract map stage. Mr. Berg: What are your minimum frontages on the lots that you are proposing. Mr. Fazekas: For cul -du -sacs we are using Mr. Dotson's request of 45 feet. Mr. Berg: Okay, that is my question. I started looking at this. 5,000 sq.ft. lot - I think, correct me if I am wrong - the minimum lot size in the city, normally, is 7,000 sq.ft. Is that the minimum usually - in the ordinance. City Manager: 6,000. Mr. Berg: It has went down to six - okay. City Manager: No, it has never been above six. Mr. Berg: It was at one time - it was 7,000. Maybe it was many years ago before you were here Mr. Bounds. One time they had a 70 foot minimum frontage. Okay. The question I got here is I understand now the minimum frontage is 60 feet. Is that correct, in the ordinance. Mr. Fazekas: In the ordinance - it is correct to say so. Mr. Berg: Okay, we have a 60 foot minimum frontage. With a 45 foot frontage on there, and a 5,000 sq.ft. lot, you are not going to get very much building room. At 5,000 square feet you are going to have a back yard that is very small, and you are going to have a front yard that is practically nothing. You are going to have cars that are going to be parked in the driveway. What is your minimum frontage setback they are proposing here. Mr. Fazekas: It is 20 feet. Mr. Berg: Normally it is 25 Mr. Fazekas: Well 25 - excuse me - 25 on the 6,000 and 7,000. It is 20 feet for the 5,000. Mr. Berg: What you are going to have. I don't know if you are familiar with Peacock Valley in Banning. Those were developed for seniors, and when Peacock II went in a lot of people with families and everything else moved into those homes and crowded in there. And you have cars parked all over the street - you have got people crowded in and there isn't enough room to move. And, my personal opinion is that a 5,000 sq.ft. lot is not big enough. What you are going to have out there is a gateway coming into your community - they might be nice homes - but you are going to have them so clustered in some areas there, if you don't raise that minimum square footage up, you know, it is kind of ironic when you have got here in the community in Beaumont itself proper, which is the nucleus of the community, a minimum of 60 foot minimum, and we can't seem to split some of these parcels in town that are maybe unique, and here we are going to go and bend over backwards to get them a 45 foot minimum -- I don't think, if you are going to do justice here -- then maybe the City should look at other parcels in town that maybe people have been trying to get done and they haven't had an opportunity, and if we are going to Page 9 Beaumont City Council April 8, 1991 give it in here, which is the gateway, which is spreading out to the more open space, you are not giving the benefit to the residents that are here. And I am not sure if that is what they want. That is going to be kind of crowded in there, and I, for one, wouldn't want to see homes on that small lots. I personally believe 7,000 feet should be the minimum size, because you build a home on 5,000 sq.ft. lot, the most you are going to get on there is about 1600 sq.ft. maximum, and you are just going to have all land. That is all I wanted to say. Mayor Connors: Thank you. Is there anyone else that would like to speak in opposition to Item No. 8. Anyone else that would like to speak in opposition. We have someone that would like to speak neutral on Item No. 8. Francis Dowling. Would you please give your name and address for the record. Francis M. Dowling: Francis Dowling, 433 Minnesota, Beaumont. Honorable Mayor and Members of the Council. I would like to make some of these comments here. Dear Beaumont City Council Members. The City of Beaumont General Plan elements on circulation and streets shows a frontage road for future plans along the south side of Highway 60, which would be along the north boundary of Robertson Homes Rolling Hills Ranch. This future frontage road and access points to Highway 60 are further discussed in F. Jarold Walsh's letter of January 24, 1991 to Mr. Joe DiCristina of Robertson Homes and Mr. John J. Carvelli of Inland Group, Inc. What future plans do you expect for this frontage road and what will be its relation to the Rolling Hills Ranch specific plan? Elaine Hill of Best, Best and Krieger represented me and responded to the Rolling Hills Ranch EIR on December 26, 1990. As explained in her letter, the EIR text is legally incorrect regarding the unnamed emergency road near the northeast portion of their property which would have connected to my access driveway in order to make access to Highway 60. I was never contacted by any person or entity regarding this road even though it is accessed to Highway 60 through my property. When we tried to get information regarding this emergency road we were referred from one agency to another, but no individual or entity claimed to know anything about who planned this emergency access road. We are not opposing the Rolling Hills Ranch development. We want their development to be successful. We will be glad to meet with Rolling Hills Ranch to work out access to Highway 60. This was discussed in the February 1, 1991 letter from P. Jarold Walsh to M. Joe DiCristina of Robertson Homes and Mr. John J. Carvelli of Inland Group, Inc. My main concern would be that whatever plans for access to Highway 60 are made would be mutually beneficial and are legally acceptable to all parties concerned. Mayor Connors: Thank you. Does anyone have any questions of Mr. Dowling. Thank you. Is there anyone else wishing to speak on this item. Would you like to explain some of the things that Mr. Dowling has just said. Whether these things-are correct or not. And address as well what you wanted to address with Mr. Berg. Joe DiCristina: Good evening, Mayor Connors, Members of the City Council. My name is Joe DiCristina. I am Vice - President, Planning, for Robertson Homes, the builder of the proposed Rolling Hills Ranch. The issue with Mr. Dowling is, I believe, an issue of confusion. When we got involved in the project - there is an access point on our project in the north west corner where trucks enter the property, and they park and people purchase fruit at his fruit stand. And we thought at one time that was the circulation element and that we had access to the freeway at that point. Since that time we have realized and learned, through both the use Page 10 Beaumont City Council April 8, 1991 of our attorneys and also working with Jim Dotson, the City Engineer, that that is not available as a.n access point. That is why we proposed on the northwest corner the access point. At the present time we are not contemplating any access to Mr. Dowling's property on that corner. What we propose is just a basic block wall condition right there without any kind of future access. In the event we could work out some kind of an arrangement with him to provide access, we would be amenable to that, but at the present time we are not proposing that due to the issues of limited access to the freeway. Mayor Connors: So the way you have it now there is no affect on Mr. Dowling. Mr. DiCristina: No there is not. It is just - I think it is confusion because we got our attorneys involved and they were discussing it, and the last letter we received from our attorney was in February, which stated that we had cleared up the issue and it was no longer a concern of our group. When we get into the tentative map stage, we are willing to work with Mr. Dowling and the City Engineer to see if there can be a solution worked out to benefit him, if he would like us to try to get on to the freeway at his property. But at the present time our project is not proposing any access to his land. Mayor Connors: Is it clear then, at this point, to Mr. Dowling who he should be in contact with. Because he said he has had some problems knowing who he should be talking to here. So is it possible for you to get together to see if you can iron out your problems, if you have one. Mr. DiCristina: Yes. Where we have an opportunity, we can work out'an opportunity. Mayor Connors: Okay. You did want to say something in response to Mr. Berg. Mr. DiCristina: Yes ma'am. Thanks for giving me the opportunity to discuss the 5,000 sq.ft.- lot issue. Many other professionals in your city that we have worked with have asked about the lots. Our vision for the Rolling Hills Ranch community is to create a balanced community. Our idea is to provide housing for different types of residents for the community. Both 5,000, 6,000, 7,000 sq.ft. lots. We envision a community which would provide housing for young families, price sensitive seniors, first time home buyers. Also young families with children. These individuals need to buy a smaller home in the project, and as their needs change they can move up to a larger home within the community. The idea is they can set down roots in Beaumont. They can begin to send their children to the school site. They can begin to establish themselves in Beaumont. And what we are trying to do is provide them an opportunity to move up within the project without having to leave the area where they may be setting up relationships with friends, family, whatever. The group I work with, Robertson Homes, is a received a unanimous vote of approval by your What I would like to do is talk to you about prepared called the Rolling Hills Ranch. Wit prototype that we are proposing for the 5,000 can see these are quality homes. quality builder. We Planning Commission. this booklet that we hin it is some of the sq.ft. lots. As you Mayor Connors: That is the same one that is in the agenda, isn't it. Mr. DiCristina: Yes ma'am, it is. I just wanted to call your attention to it because we are building this in northern California. We are having a tremendous response right now for Page 11 Beaumont City Council April 8, 1991 this prototype. We had some unique issues that came up when started looking at the property. If I can go to the map I can show you why we propose the 5,000 sq.ft. lots in the area we propose them in. When we purchased the property we began to look at the adjacent area. We have Highway 60 to the north, which impacts the project with noise and air issues. We have along the eastern side of the property an inactive landfill site. The Riverside County landfill that was closed about twenty years ago. We also have the wastewater facility which is going through a major expansion. A farm building down here to the south. And then, as Mr. Dodson explained earlier, we have the Willow Springs project to the west. Our idea for the 5,000 sq.ft. lots was to place them along these areas that are not particularly areas that would be amenable to higher end housing. We thought we would have a buffer area for first time home buyers. Individuals who are purchasing their first homes. Price sensitive seniors. Where we could protect the values of the interior of the project. The 6,000 and 7,000 - by creating a buffer zone around the area. That i s• not to say the 5,000 sq.ft. project is not a quality project. We are still providing a school site within here in order to have homes around the site, and integrate that with the young families who would be living in those units. The other issues that came up when we began looking at the project was the market issues. I would like Bob McFarland to discuss this this evening. Mayor Connors: Your name and address for the record. Bob McFarland: My name is Bob McFarland. I am with the firm cal l ed Market Prof i l es i n Costa Mesa, Cal i fornia, at 3188 Ai rway Avenue. Honorable Mayor, Council Members. We have conducted a number of market studies over the last fifteen months on behalf of the applicant. And what we have found in the Pass region is that over 85% of the new homes that have been offered for sale have been sited on 5,000 sq.ft. lots or smaller. We have also found that the sale or absorption of new homes on 5,000 sq.ft. lots has been significantly higher than for new homes on larger lots. We have also found that about 70% of new home sales in recent months have been in the price range of a hundred to a hundred and thirty thousand. It is economically feasible to offer homes in that price range on 5,000 sq.ft. lots. We have also done about - we have completed about 24 market studies on master planned communities, or specific plans, within the Inland Empire in the last, say, fifteen to eighteen months, and the rule of thumb for those communities throughout the Inland Empire is to offer a variety of lot sizes for two basic market reasons. One, is you appeal to a broader prospective of home buyers, and number two, you actually create an incubator of demand within the community where people can move up in price range and the size of home. So I just wanted to call that to your attention, and those factors are cited on the last page of the literature we passed out. There are some other factors there too. I am available for any questions. Mayor Connors: Does anyone have any questions. Mrs. Leja has a question. Council Member Leja: Mr. McFarland. I have been kind of conducting my own market study of the area. I think that - I was curious you included the Beaumont- Banning area in your study. If you just took out Banning, what would be left in Beaumont as far as the percentages. Page 12 Beaumont City Council April 8, 1991 Mr. McFarland: Well, as far as the percentage, I couldn't tell you off the top of my head, but the reason we include those two cities together is because they cater to a mutual home buyer. A more price sensitive senior, and a young family homebuyer is attracted to both those areas within this region, and that is why we addressed it together from a marketing standpoint. As far as within the City of Beaumont there is one project by WDS Development that is a minimum lot size, I believe, is 5,500 sq.ft. And that is one project within your City that I am aware of. Council Member Leja: I am curious to know that when you were doing your study, where did you get your figures. Where did you get your information from. Mr. McFarland: We are one of two firms in Southern California that serve every new home project over ten units throughout Southern California and every County other than central Los Angeles. We do that every twelve weeks, and have for about fifteen years. We probably have the most extensive data base of new homes in the industry. I would be happy to share . . . Council Member Leja: Why didn't you show up with the Beaumont figures. Mr. McFarland: Well I just kind of toplined those here. This is the bottom line so to speak. Council Member Leja: So, would you consider the Board of Realtors, or realty offices, a good source for this information for the average citizen. Mr. McFarland: Not for new homes. For resales, yes, absolutely. But for new home sales it is a different ballgame. Most new home sales, and most of the new home mainstream in Southern California, are not reported or recorded through MLS. Council Member Leja: So when we have resales by these first time homebuyers that are in the 5,000 sq.ft. lots, and I would anticipate they are not going to stay in those homes very long, especially if they have families - because I am one of those demographics that you have been discussing - and - how are they going to sell their house to move up. You know. From what I understand - I have been talking to realty offices - the Board of Realtors - and they looked at this - they said, sure, if you include Banning, because you include Sun Lakes and a lot of retirement communities, which, right now, are having problems selling their homes because the lot sizes are too small. The homes are too small. The price is too high. First time homebuyers - I can't see paying - if they have any sense whatsoever so far as spending their money, they are not going to buy - unless, of course, they are moving here from Germany where they can't get land, I can't see where they are going to be able to put money into a lot size that is that small. And when you are looking at that many homes, and you are looking at families, you say what - how many - I think the average is each family is what - 2.3 children - in each family. Mr. McFarland: Somewhere between two and three, right. Council Member Leja: Okay. Some fraction - I have questions about the park availability for these children because obviously there is not going to be a big enough yard for them to play in. Mr. McFarland: Well, in most new home projects in Southern California, there is a 20 foot rear yard setback requirement - whether it is a 6,000, 7,000, 10,000 . . . Council Member Leja: But we are not most Southern California Page 13 Beaumont City Council April 8, 1991 cities. And what we have anticipated, I think we have addressed the first time homebuyer in this city very well. And if you look at resales, there are a lot of first time homebuyers that have already bought the small lots. The small homes, and we are waiting to go up to the larger houses. Larger lots, because we do have families, and unfortunately, as the quality of developer as Robertson Homes, I am afraid that some of the information that you have been given that has been misdirected to them, because I frankly don't see the market there. The realtors that I have spoken with, and there have been several offices, have looked at this and they don't see the market for it. And they don't see how it is even feasible for you to have that quality of a home on that size of a lot. And I have a lot a problems with that small of a size of lot. Like I said, I think we have been - worked with some other developers that it would be an insult to their project for us to look at a 5,000 sq.ft. lot at this point. And I am speaking as one of the demographics - one of those people that you are hoping would buy one of those homes. Or buy one of the six or seven thousand - I am not going to buy a home in an area that is 5,000 sq.ft. lots around me. Mr. McFarland: Council Member, I am not here to debate you. I appreciate your opinion. I can just relate to you the facts that we have found, and I think they are reliable. I wouldn't debate with a local realtor, if that is their opinion, but what we have found throughout the Inland Empire is what I have shared with you. Council Member Leja: Yes. I also think that people who live in the area - that do business in the area - like the local realtors, tend to know the market a lot better than when you compare with the Inland Empire, because, like I said, we are a unique city, and we have a different vision from what the other cities in the area have. Mr. McFarland: Does anyone else have any questions. Let me make one more comment on Presley's development. It has been one of the most successful projects ever done for retirement households. I don't know if someone gave you an erroneous opinion, but they have not had any - their sales have not suffered because they have smaller lots. That is a misconception, in terms of sales. Mayor Connors: Mr. Parrott, do you have anything. Council Member Parrott: Not of Mr. McFarland, but I do have one statement I would like to make. And this would probably be directed to the Robertson Homes or the Inland Group. Having reviewed many environmental impact statements, including the space shuttle, I would like to commend the Chambers Group on their study, which included most all items. That is all I have to say. Mayor Connors: Mr. Mclaughlin, do you have anything. Council Member McLaughlin: I don't have any - what I would like to add since Jan brought up the 5,000 sq.ft. area - what would it take away from that area in, say, in number of dwellings if you went to 6,000 and had six and seven thousand. What are we talking about. Has that been estimated or figured out. Mr. Dodson: I would be glad to answer that question. We actually have not taken a look at that in terms of numbers and where we are at. Where we would be. So, unfortunately, I don't have those numbers right off the top at this time. I would like to mention though, if you will look at this graphic over here, it does show we are looking at - the minimum street frontage would occur typically on the cul -du -sac condition, in which case you have your forty -five foot radius here. When you do that on a pie shaped lot, your lot size increases dramatically. Page 14 Beaumont City Council April 8, 1991 And the gentleman who spoke earlier, who was concerned about whether or not you could build on it - in fact you have much more - much larger building pad then you would if you were to build on, say, a 5,000 sq.ft. lot that would be typical along a regular street. So, your 5,000 sq.ft. lots along cul -du -sacs get considerably larger - from ten to twelve thousand square feet - in order to build that. And, of course, like I said, along the freeway, when these homes are oriented in such a way, it doesn't create a monotonous row of houses. Again, getting back to the 5,000 sq.ft. lot issue. Our biggest concern were surrounding land uses, and you can't build, necessarily, a high end product adjacent to a sewer treatment facility or adjacent to a freeway. So that was one of the reasons where we came in with 5,000 sq.ft. lots, as well as their marketability. In our consideration for price sensitive seniors and, again, young families looking for a home. Again, you know, we feel there is a market out there for this product . . . Mayor Connors: I think you have adequately answered the question of 5,000 sq.ft. lots. Mr. MacNeilage, do you have any questions. Council Member MacNeilage: Yes, I have a question. Before you sit down Mr. Dodson. On.the parks that you proposed for the area. Were there any talks with the Willow Springs project to link the park with them also. Mr. Dodson: Yes, in fact, if you will look at the City's overall regional trail system and parks network. What we have done - you will see there is a drainage that runs throughout the project. What we have done, we have tried to mimic and follow that drainage pattern. And that surface drainage actually runs and then flows out into the riparian area along Cooper's Creek. A trail network will, of course, tie into the regional trails network which will run through the Willow Springs project and be part of an equestrian area in that. In terms of other linkages, adjacent - we are not really sure what the land uses are going to be there. It could possibly be residential - it could possibly be a commercial center, in which case there might be some conflicts in providing that type of access - so we thought that because of the regional trail that will be located along Cooper's Creek, the ideal location to tie a trails network together, and put it into the project, would be that location at this point in time. Council Member MacNeilage: Thank you. I have another question for staff, if I may at this time. Mr. Fazekas, the earth being moved on this project. Does this seem like an awful lot of dirt to be moved for this particular project - the size of the project. Mr. Fazekas: Yes. Due to Mr. Jim Dotson's concerns, he did raise as an issue for the Planning Department to keep in mind that 2.4 million cubic yards of soil to be moved is a high amount of soil to be removed in the City of Beaumont. It is the largest removal of soil at any time in this city, or would be. Council Member MacNeilage: If the lot sizes were larger would as much earth need to be moved for this project to be as well planned. Mr. Fazekas: I am not a City Engineer so I really couldn't answer that question. Council Member MacNeilage: That was kind of an unfair question, I guess. Mayor Connors: Is there anyone else wishing to speak on Item No. 8. Please give your name and address for the record. Page 15 Beaumont City Council April 8, 1991 Evelyn Coulson: I am Evelyn Coulson, 36523 West Highway 60, in Beaumont. I haven't heard anyone address or comment on the fact that Mr. Dowling, who has been a fruit orchardist here for forty years, anyone concerned about his access in and out of his property. I do not believe his property touches on 4th Street. Nobody has commented on this. I am also aware that the State of California has given the people, all the people's property on 60, the right to have access to the freeway - it is so written in our deeds - to the highway once the freeway is in. An.d I do not see any allowing for that. I know your current General Plan shows this in this map. I understand you are working on a new General Plan, but to implement that wouldn't you have to have it approved first. I would appreciate some comment on this. I do think if you look at this you can see the impact you are putting on Mr. Dowling's ranch at this time. Thank you. Mayor Connors: Thank you. Is there anyone else wishing to speak on Item No. 8. We will close the public hearing. The public hearing was closed at 8:12 P.M. Mayor Connors asked if was possible to hold discussion in a general way before the action items were considered, with an affirmative answer from the City Manager. Council Member MacNeilage stated he believed it was Mr. Dodson who made the comment about the marketability of the 5,000 sq.ft. lot, and he personally felt a 6,000 or 7,000 sq.ft. lot has just as good a marketability as a 5,000 sq.ft. He then said he would like to know more about a secondary or alternative plan mentioned somewhere in the specific plan. Mr. Fazekas responded that more than likely he is referring to the alternative under CEQA for the project site. Mayor Connors added that it was an alternative, but it did not make clear what lot sizes it meant, or what would happen if you made it 6,000 instead of five, with Mr. Fazekas agreeing that was correct, but that information was not submitted to staff and, apparently, they would need to do further research on that due to the fact they were proposing 5,000 and were going to go with 5,000. Council Member Leja indicated she agreed with Mr. MacNeilage that she would like to see the alternative. It states in their agenda packet that Robertson Homes proposed the alternative where they reduced from 632 dwelling units to 390 dwelling units - and they suggested that as an alternative. Mr. Fazekas again agreed this was included, but they didn't elaborate any further on that information. Council Member Leja asked how the Council could get more elaboration on this alternative, with the City Manager replying they could continue the item and ask for additional information on this alternative. Council Member Parrott stated he would like to see larger areas also as it appeared 6,000 sq.ft. would probably be good for that area, although he can understand why they are making it less square footage property along the freeway and across from the sewage plant. But he did feel 6,000 would be better, and he thought they would be able to sell them too. Mayor Connors asked when this came up at the Planning Department, she presumed they were told our code specifically stated 6,000 sq.ft. lots, and yet this project has come in at 5,000 sq.ft. The City Manager clarified that the 5,000 sq.ft. lot can only be placed on property that is zoned high density as a buffer or Page 16 Beaumont City Council -April 8, 1991 allowance for extra size of lots, and that is in the zoning ordinance. He continued if this were just RSF property, then the 5,000 sq.ft. would not be allowable. However, he believes it was about three years ago, that due to the large number of acres that were high density, this was allowable, so they are allowed to bring it in, and that is as far as staff can go with that. Mayor Connors pointed out she was hearing a lot of euphemisms here about the 5,000 sq.ft. lots and the kind of housing you can build on it, and the high end housing and protecting the six and seven thousand square lots, and all of that type of thing. She continued that the aesthetics of the City are also important, and she did not think the City wanted everything crowded in, or that the City wants 5,000 sq.ft. lots, and Mr. Berg was completely right in what he had to say, as were the Council Members. She also asked that the issues which Mrs. Coulson and Mr. Dowling have brought up on the access be clarified, as the explanations don't seem to have completely satisfied them, and she would like to be sure there is nothing wrong with that particular end of it so the City would not have a problem for them. She concluded that as it stands, she would not be prepared to vote for 5,000 sq.ft. lots. Council Member McLaughlin asked about the trucks that are parking on the west side where it would enter into Francis Dowling's fruit stand, and whether that property belongs to Highway 60, or to Rolling Hills, and if so, have they been using this property just because it is vacant and accessible to them. Mr. DiCristina replied that the land is owned by CalTrans as it is part of the right -of -way for the freeway. Mayor Connors brought forward the fact she was also impressed with the EIR as it seemed to be much more thorough and informative, as well as containing very concise mitigation measures, especially in the riparian portion and protection of the plants and animals. Responding to a question from Mayor Connors regarding the statement made by Mr. Dowling that the EIR text was legally incorrect, with the discussion appearing to point to the fact they felt it had been, but they were correcting it, Mr. Dodson stated that at one point in time they were under the assumption that Mr. Dowling's road that accessed the fruit stand was, in fact, a public road, and they could provide secondary emergency access that tied into that road. It was a mistake on their part to assume that it was a public road when, in fact, it was a private road, and this has now been corrected in the specific plan and the EIR, which have been revised to reflect that change. 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 McLaughlin, second by Council Member Leja, to certify that the Final Environmental Impact Report EIR - 90-3 has been completed in compliance with the California Environmental Quality Act (CEQA). AYES: Council Member Leja, MacNeilage, 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 -3) Page 17 9. 10. Beaumont City Council April 8, 1991 Motion by Council Member McLaughlin, second by Council Member Leja, to adopt findings that changes or alternatives 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 -3. AYES:. Council Member Leja, and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. MacNeilage, McLaughlin, Parrott c. ORDINANCE NO. 701 - FIRST READING - Rezoning 155 acres from Planned Unit Development (PUD) to Specific Planning Area (SPA 4.1 dwelling units per acre) (90- RZ -9). d. RESOLUTION NO. 1991 -14 - Adopting Rolling Hills Specific Plan SP -90 -3. Applicant: Robertson Homes. e. Consider the Adoption of a Mitigation Monitoring Program for the Rolling Hills Ranch Specific Plan and Environmental Impact Report. Motion by Council Member Leja, second by Council Member MacNeilage to continue the remainder of the items under Agenda No. 8 to the next regular meeting of April 22, 1991. AYES: Council Member Leja, and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. MacNeilage, McLaughlin, Parrott The meeting was recessed at 8:26 p.m., reconvening at 8:37 p.m. A Presentation of Pros and Cons of Redevelopment by M. F. "Mike" Whipple. Mr. Whipple presented his report on the pros and cons of redevelopment to the Council, with a question and answer period following the presentation. Request from Mr. Gregory D. Barker for Discussion of a Smoking Policy for the City of Beaumont. Mr. Gregory D. Barker presented his request to the City Council stating he was not trying to cause a fight or any animosity towards anyone personally or otherwise, but just wanted to express his viewpoint on this issue. He went on to state smokers do have a right to smoke, however he did not think they have the right to deprive anyone from breathing clean air. He continued that he does not believe the general public and taxpayers should be paying for any employee's bad habit or addiction. Additionally, he stated that Beaumont is a beautiful community with a healthy atmosphere. The general public and employees should have the right to a clean and healthy environment within the public buildings of the community. He then asked if there were any questions, with no questions being asked by the Council. Mr. Barker asked if there would be a smoking policy considered at this time, with Mayor Connors indicating that is what they will be discussing. Mayor Connors asked for a show of hands, for the general knowledge of the Council, indicating how many people were present with an interest in this item, with approximately 10 -15 people indicating their interest. She then asked how many here tonight were non - smoking employees of of the City - how many were smoking employees of the City - how Page 18 Beaumont City Council April 8, 1991 many were against smoking restrictions and how many were for smoking restrictions. At this point, Mr. Barker, speaking from the audience, interrupted Mayor Connors asking what this has to do with the smoking restriction policy, with Mayor Connors stating she is trying to find out exactly where they stand on this, and that she does have the floor at this time. She then asked if there was anyone else in the general public who wishes a voice in the matter. Mr. Roger Berg, 1164 Euclid, said the reason he asked to speak tonight is that he went through this recently at Norton Air Force Base where the union had to negotiate a smoking policy, and basically it came down from the Surgeon General that smoking is a hazard to your health and the military were told they couldn't smoke anymore. He went on to say what it boiled down to was they realized it was almost impossible to accommodate the smokers smoking in the workplace, and they had to make areas outside as well as a few areas set aside inside for people to smoke where there was adequate ventilation. Basically, in buildings of this size, they had to shut smoking down completely because there wasn't an adequate lounge area, or separate facilities available to allow for smoking. He felt they have benefited from the policy in decreasing cost of utilities, down sizing air conditioning equipment, and less maintenance required, etc. He acknowledged that he knows it is a very hard habit to quit, and it is a very controversial issue, but if they come up with a policy he hoped they would take into consideration that they try to accommodate people as they can, but the fact of the matter is that smokers have rights, but the non- smokers have the right not to have to breathe it, and he felt his health improved dramatically because he was affected by second- hand smoke. His recommendation was for the City to come up with some kind of a policy. Mayor Connors asked if anyone else wished to say anything, with Mr. Barker saying he would like to ask the Council - as it seems there is an attitude in the City Hall that is fighting this issue more than trying to get information as to whether or not there should be a non - smoking policy enacted or not. Mayor Connors pointed out that since he had not heard any discussion yet, she was not sure where he is getting that feeling from, with Mr. Barker interrupting Mayor Connors once again to state he was getting that attitude directly from her. Mayor Connors responded she thought that would be cleared up this evening. She then asked for comments from the Council. Council Member MacNeilage said he would first like to say that he is not a smoker, and he has been in the City offices and has never been offended by smoke nor has he found it to be a problem for himself. The matter that concerned him the most is if a non - smoking policy were to be adopted they would have to make special smoking areas, and the City would lose some valuable employee time, and they would definitely have to look into that to see what facilities are available and how they could be utilized. Council Member Leja indicated she is a non - smoker as well, even to the point of asking the Governor of Tennessee to put out his cigarette when she was sixteen - but she does not like the fact that Mr. Barker feels they are oblivious to a smoking issue. She does feel, however, the issue is being clouded by some other actions. At this point she is interrupted by a comment from the audience, and stated she did not appreciate the disrespect that has been shown in the audience throughout the meeting. Page 19 Beaumont City Council April 8, 1991 She then continued that she thought it would be wise to do as some of the other cities in the area and throughout the State are doing, and that is wait to see what the State Legislature will do with the bills that are being presented to them this year relating to the smoking issues and public buildings. This would probably be in the best interest of the City, and not cause a situation that could pull the City apart. At this point it would be a good idea to see what the State mandates, rather than adopt an ordinance and then probably have to go back and redo it anyway. For instance, the City of Riverside recently tabled their smoking ordinance to wait to see what the State Legislature mandates. She went on to say she is probably one of the most anti - smoking people around, however, she had never heard any complaints until this one particular incident came up. She thought it was very unfair that one particular office was named in the newspaper because this particular office puts out more work, in fact it is unbelievable how much work is put out in this office. She was pregnant and not on the City Council at the time, and coming into the office to have plans approved and was never offended by the cigarette smoke in that particular office. She feels great pains have been taken to make it not offensive to the public. In defense of that particular office she thinks the whole issue has been clouded. Mr. Barker interrupted asking to make the comment that his whole point was not that particular office, he had just met the cloud that is being referred to tonight, with Mrs. Leja saying she is responding to all the newspaper articles, and she has been receiving phone calls with very bad remarks about this person when they don't know what type of work is being done - they are just hearing that this person doesn't do good work because she smokes - and that is the reason why she is trying to clarify it right now, and her personal feeling about that office. But she does feel it would be wiser to see what the State legislature is going to mandate, and then take it from there. Council Member Parrott stated he quit smoking about twenty years ago, but he believes the City should wait and see what the State is going to mandate on this problem, and then do something about it. There are too many issues here with smokers and non - smokers, and he thinks the City should go along with what the State finally decides they are going to do in all public buildings. Council Member McLaughlin said he is a non - smoker, but really does not have a problem in the sense of being in the same area with somebody smoking, but he thinks the City is going to have to see what the State is going to do. But he also felt that in a small area such as the City has in this building, some of the employees are in certain jobs that if the smoke, and they couldn't smoke, they would have to get somebody to replace them, which would be almost impossible, and the City does not have the personnel to relieve some of these people in their positions to take care of the job. Until some of these problems can be solved, he can see that several things have been done to keep the area as free as possible of smoke. He is aware some people are more sensitive than others to smoke, but he feels we have tried and things have been done. He is sure there are people in the audience who are smokers, and have refrained from smoking during this meeting, and he has found that a lot of times smokers are more courteous than some of the non - smokers, and he finds that in some of the non - smokers who have been smokers - once they quit they become the most critical people you can imagine over what is now being discussed, and they don't see there has to be two sides to this question. The City is mandated by the State, and a lot of things the City gets raked over the coals for, the City actually has no choice because the State has mandated that we have to do it. He doesn't know whether or not these statistics are right or wrong. He has Page 20 Beaumont City Council April 8, 1991 seen statistics that coffee is bad for you, and then seen that coffee was good for you. They have now said you can have four eggs a week instead of three eggs - he simply doesn't know whether all you hear is correct or not correct - and certainly doesn't want cancer, or wish cancer on anyone - but he also doesn't know whether some of the people would have had it regardless, so these are the things that he, as a layperson, can't understand or make a good decision. But there are other people involved - the State is involved at this time - and he is hopeful that sooner or later it will hit some kind of plateau so everyone can get away from what is happening tonight. He appreciates their opinion, and does not want to lose their friendship because his opinion may be different from their opinion, but he hopes they will be able to come up with a policy that will be good for all people. Mayor Connors stated if the City waits they can be absolutely positive the State will get into it because they get into everything and they will tell the City what to do eventually. For the record, following is the sequence of events as Mayor Connors attempted to address the meeting regarding this issue: Mayor Connors: I think the central issue here is we don't have the problem. Now Mr. Barker admits to having . . . Mr. Barker, speaking from the audience: What problem do you think I have. Mayor Connors: Excuse me. Do you have the floor or do I have the floor. . Mr. Barker: Well let's not start getting personal here, Ann, if you want to then we'll. . . Mayor Connors: I would like to speak. Mr. Barker: You did. Mayor Connors: You may leave if you cannot be quiet while I am speaking. He admitted to saying to the newspaper that the environment in City Hall was so badly clouded with smoke - it was such a pathetic environment - that he could not do business here and had to take his business to Banning. I know, as Mayor, that that is not true. I come into this building very nearly every single day. There is no smoke in the hallway. Why anyone would want to try to tell me that, when I know better, is offensive to my intelligence. I feel that what we had, the situation as I see it, is that we had a disgruntled employee, who then wanted to cause problems. That employee did not call us. That employee went to a newspaper because that employee wanted to embarrass the City. Mr. Barker, speaking from the audience: What does that have to do with me. Mayor Connors: Excuse me. Mr. Barker: No! - what does that have to do with me. Mayor Connors: Excuse me. I am speaking. Mr. Barker: But you are speaking the wrong things - what did that have to do with me. Mayor Connors: Do you want to leave. Mr. Barker: No, but I don't want you lying about things. Mayor Connors: Be quiet, now. Page 21 Beaumont City Council April 8, 1991 Mr. Barker, (shouting): No! You are not my mother - listen, I never read that article - Mayor Connors; Please. . . Mr. Barker: I am gone. . . Mayor Connors: Fine . . . Mr. Barker: . . .because what you are doing is telling lies. . Mayor Connors: Go, go. Mr. Barker: This is ridiculous! Mr. Barker then noisily left the meeting accompanied by those who were with his group. Mayor Connors continued with her statement - "I then received a letter from David Horowich, of "Fight Back ", which led me to further believe that the entire situation was to embarrass the City. There has been no proof of any kind that we already have this problem, and I don't think that we can pass any kind of legislation to solve a problem that we can't show that we have." She concluded with the statement that is what she has been trying to say and she doesn't think this is what the real problem is, nor does she think they can solve the problem of smoke if they don't have the smoke. She doesn't smoke - has never smoked - and goes into this office every day and has not been bothered by smoke, and she doesn't think the Council can pass legislation based on that. Mayor Connors asked for any further comment or a motion on Item No. 10. There being no response, Agenda Item No. 11 was introduced. 11. Request from Munawar Ahmad Chaudhry for Business License to Operate Sahara Market at 985 Beaumont Avenue. (Continued from March 11, 1991). The City Manager reported he has not had any comments at all from Mr. Chaudhry, but has been talking to Mr. Tabell, who was the original gentleman who came to the Council for a business license, then after entering escrow found he no longer had an escrow and filed suit. Since that time there has been a Court action, or possibly settled outside out of Court, and Mr. Tabell now has in his possession a lease for this property and a release from Mr. Chaudhry to show that he no longer has any interest in the business. One form needed by ABC was signed today for him to transfer an existing license, so within a month Mr. Tabell will probably have his business license to operate at this address. In light of the above, there appeared to be no further need for this item to remain on the agenda as no action is required. 2. Request from Henry Barnes d /b /a Pass Taxi Cab Company for a Rate Increase Effective Immediately. The City Manager presented his report, a copy of which is matter of record in the Clerk's file, with a recommendation for approval of Mr. Barnes' request. There were comments and questions from the Council. Motion by Council Member McLaughlin, second by Council Member Parrott, to approve Pass Taxi Cab Company's rate increase to $3.00 for first mi 1 e and $1.50 for each additional mile, 25� a minute waiting time and 25t for each large shopping bag over two. Page 22 Beaumont City Council April 8, 1991 AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 13. RESOLUTION NO. 1991 -16 - Prescribing Intersection Stops Signs at 6th Street and Ca I i f o r n i a Avenue, and at 1st Street and California Avenue, To Expedite Traffic Flow and Traffic Safety. A report was received from the City Manager with a recommendation for adoption of this resolution. A copy of this report is a matter of record in the Clerk's file. Questions from the Council were answered, with additional information provided by Chief White. Motion by Council Member Leja, second by Council Member MacNeilage to adopt Resolution No. 1991 -16. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 14. Request from Cherry Festival Association for Permission to use City Property and City Facilities during 1991 Cherry Festival, June 12 -16, and No Fee Permits for Cherry Festival Activities. The City Manager submitted his report, a copy of which is a matter of record in the Clerk's file. He then reviewed the letter from the Cherry Festival item by item. When he reached Paragraph D of the letter he advised the Council that no one from the Cherry Festival Association has contacted the Police Department regarding security, so their statement that the Association has been unable to negotiate support of the Beaumont Police reserves is misleading since there has been no discussion. Mayor Connors stated that it seems as though the City is contributing quite a bit to the Cherry Festival, which is of major help to the Association. Also, a lot of the parade work, getting cars and getting people in them, etc., and arranging for the luncheon, is being done by the City Manager's office, which isn't clear in the letter. She then addressed the security issue, saying she thought Paragraph D was standard as it always says that whether they have talked with the Police Reserves or not. Her personal feeling was that the Cherry Festival Association should be required to use police officers because they do have policing powers and powers to arrest, as it seemed the private security was walking around, but when they had problems they called the police. However, in trying to document the overtime and the times the police were called, and what exactly it was for, she found sufficient documentation was not available. Responding to a comment by the City Manager, Mayor Connors agreed that once something gets out of hand it take more time, and is also more dangerous to respond to, once it has already begun. She then indicated she didn't know how the Council felt about this situation, and whether they would want to require that police reserves be used this year based on the information provided tonight, or if they would want this year documented very closely to be used next year in making a decision. She did point out however that the Cherry Festival has become quite large and she felt it had outgrown the use of unarmed security guards just walking around and calling the police when there is a problem. Discussion followed with comments and questions from the Council Members. Page 23 Beaumont City Council April 8, 1991 The City Manager was directed to meet with the President of the Cherry Festival Association to discuss the security issue, with the understanding that staff will be requiring the Association to use police officers at some hour and in some numbers. Motion by Council Member McLaughlin, second by Council Member Leja, to approve the letter from the Cherry Festival Association with Paragraph D removed. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 5. 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 Meetings of March 11, 1991 and March 25, 1991. b. Approval of Warrants as Audited per Warrant List of April 8, 1991, in the amount of $348,599.38; and Payroll of March 28, 1991, in the amount of $68,931.29. c. RESOLUTION NO. 1991 -11 - Providing for Advancing of Maturity of Improvement Bonds for Assessment District No. 1983 -1 (Cougar- Brookside Property Owners' Association). d. RESOLUTION NO. 1991 -12 - Accepting Grants of Easement - Roadway to Accommodate Installations of Traffic Signals. e. Approval of Proposal from Kenneth I. Mullen, Consulting Engineers, Inc. for Aerial Photogrammetry and Surveying Required to Complete Design of Phase I Water Facilities, and Authorization for Mayor to Execute the Agreement in the Amount of $98,900.00, to be Charged to 4250 - 4060 -5053. f. Approval of Proposal from Culbertson, Adams & Associates for Preparation of Supplemental EIR to Address the Phase 1 Water Facilities, and Authorization for Mayor to Execute the Agreement in the amount of $33,848.00, to be Charged to 4250 =4060 -5066. g. Adoption of Notice of Exemption for Deutsch Development Agreement, as Provided by Government Code Section 65864- 65869.5. Mayor Connors requested clarification regarding the Notice of Exemption for the Deutsch Development Agreement, with the City Manager explaining the need and justification for the exemption. Motion by Council Member Leja, second by Council Member Parrott, to adopt the Consent Calendar as presented. AYES: Council Member Leja, and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. MacNeilage, McLaughlin, Parrott Date Set for Next Regular Council Meeting, Monday, April 22, 1991 at 7:00 P.M., in the City Council Chambers. There being no further business to come before the Council, the meeting was adjourned at 10:40 P.M. Re tfully submitted, C y Clerk Dnno 7a BEAUMONT CITY COUNCIL MINUTES OF MARCH 25, 1991 The Beaumont City Council met in a Regular Meeting on Monday, March 25, 1991, at 7:00 P.M., in the City Council Chambers, with Mayor Connors presiding. On roll call the following Council Members were present: Leja, MacNeilage, 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 advised that the Chaundhry Business License item was not placed on this agenda, and in talking with Mr. Chaundhry he stated there were no new developments in this matter. It will be placed on the agenda for April 8. There were no adjustments to the agenda. 3. ORAL COMMUNICATION: Mr. Greg Barker, 1099 Pennsylvania, addressed the Council, indicating he assumed the Council had seen the newspaper articles, and stating the only thing he wanted to come to the Council was to ask the Council Members to provide an environment in the City's public buildings that is clean and safe for everyone. He then handed out American Cancer Society forms. Mayor Connors asked Mr. Barker to verify that he made the statement which appeared in the newspaper to the effect he will not do business in Beaumont because of the pathetic environment and smoke in City Hall, with Mr. Barker verifying he made the statement. PUBLIC HEARINGS - 7:00 P.M. 4. ORDINANCE 696 - SECOND READING - Prezoning 5.44 acres from Riverside County RA -1 Residential Agriculture) to City RSF (Residential Single Family). (91- RZ -1). Applicant: Yung Tai Development and Management Co. Location: 11345 Sunnyslope Avenue. (91- ANX- 1 -49). Motion to read Ordinance No. 696 by title only. Motion by Council Member Leja, second by Council Member McLaughlin, to read Ordinance No. 696 by title only. AYES: Council Member Leja, MacNeilage, 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 March 25, 1991 Motion to Adopt Ordinance No. 696 at its second reading. Motion by Council Member Leja, second by Council Member McLaughlin, to adopt Ordinance No. 696 at its second reading. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 5. ORDINANCE NO. 697 - SECOND READING - Prezoning Sixteen (16) acres from Riverside County C -P -S (Scenic Highway Commercial) to City C -HS (Commercial Highway Service). Applicant: L. Olinger and KSE Development Co. Location: Southeast corner of 14th Street and Interstate 10. (91- ANX- 2 -50). Motion to read Ordinance No. 697 by title only. Motion by Council Member Leja, second by Council Member MacNeilage, to read Ordinance No. 697 by title only. AYES: Council Member Leja, MacNeilage, 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. 697 at its second reading. Motion by Council Member Leja, second by Council Member MacNeilage, to adopt Ordinance No. 697 at its second reading. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 6. ORDINANCE NO. 698 - SECOND READING - Approving the Development Agreement Between the City of Beaumont and the Deutsch Corporation (Pursuant to Government Code Section 65864- 65869.5). Motion to read Ordinance No. 698 by title only. Motion by Council Member Leja, second by Council Member Parrott, to read Ordinance No. 698 by title only. AYES: Council Member Leja, MacNeilage, 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. 698 at its second reading. Motion by Council Member Leja, second by Council member Parrott, to adopt Ordinance No. 698 at its second reading. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. Page 2 ueaumont City Council March 25, 1991 7. Consider Extending the Terms of- the Senior Center Advisory Commissioners to June 30, 1991. The City Manager presented his report, a copy of which is a matter of record in the Clerk's file. There was no discussion or questions from the Council. Motion by Council Member McLaughlin, second by Council Member MacNeilage, to extend the terms of office for Grace Begley, Evelyn Fenton and Helen Manley, and leave the vacant seat open, until June 30, 1991. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 8. Consider Authorizing Beaumont American Legion Baseball to Use the Stewart Park Ballfield to Practice and Play Home Games. The City Manager advised of his meeting with Mr. William Wintersteen, the team representative and business manager for the American Legion baseball team, during which the discussion concerned their using the 9th Street and Orange Avenue ballfield for practice and games, calling attention to his memorandum to the Council contained in their packet. This memorandum is a matter of record in the Clerk's file, as well as an extensive proposal from the American Legion Baseball team. His recommendation was for approval of this request with a formal agreement to be negotiated. All Council Members spoke in favor of this activity. Motion by Council Member Leja, second by Council Member MacNeilage, to authorize Beaumont American Legion Baseball to work with staff to make changes to the Stewart Park Field, at no cost to the City, and schedule day or night practice as an exclusive use of the field, not to exceed three nights a week without prior approval. A formal agreement must be negotiated by March 1, 1993. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 9. A Presentation on Pros and Cons of Redevelopment by M. F. "Mike" Whipple of M. F. Whipple and Co., Inc. It was noted by the City Manager that Mr. Whipple had not yet arrived, therefore it was suggested the Council go on to the consent calendar, returning to Agenda Item No. 9 after action has been taken on the consent calendar. 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. Acceptance of Minutes of Regular Planning Commission Meeting of February 19, 1991. b. Approval of Warrants as Audited per Warrant List of March 25, 1991, in the amount of $365,872.12; and Payroll of March 14, 1991, in the amount of $69,147.25. Page 3 Beaumont City Council March 25, 1991 c. Request from City Attorney to Attend Annual League of California Cities City Attorney Department Meeting. d. Report of Action at Regular Planning Commission Meeting of March 19, 1991. Motion by Council Member Leja, second by Council Member McLaughlin, to adopt the consent calendar as presented. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. The meeting was recessed at 7 :25 p.m., awaiting the arrival of Mr. Whipple, reconvening at 7:55 p.m. 9. A Presentation on Pros and Cons of Redevelopment by M. F. "Mike" Whipple of M. F. Whipple and Co., Inc. The Mayor apologized for Mr. Whipple's absence, stating that apparently he will not be here this evening. As a result, she requested the agenda item be continued to the next meeting on April 8, 1991. There were no objections from the Council. Date Set for Next Regular Meeting Monday, April 8, 1991 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 7:56 p.m. Respectfully submitted, City Clerk Page 4 BEAUMONT CITY COUNCIL MINUTES OF MARCH 11, 1991 The Beaumont City Council met in a Regular Meeting on Monday, March 11, 1991, at 7:00 P.M., in the City Council Chambers, with Mayor Connors presiding. On roll call the following Council Members were present: Leja, MacNeilage, 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 under, oral communication. 4. Presentation by Mr. Robert J. Fitch, Advisory Board Chairman and Coordinator for Riverside County Centennial. Mr. Fitch indicated he was here to remind the Council that Riverside County will be 100 years old on May 9, 1993, and that he has been appointed to chair a county -wide advisory board to plan the various celebrations and activities to honor the fact that Riverside County will be holding its centennial. He pointed out that two of the advisory board members are from the Pass Area, Mr. George Barker and Mr. Alvino Siva. Mr. Barker is the son of then - Assemblyman Barker, who introduced the legislation in Sacramento to establish Riverside County from territories from San Diego and San Bernardino Counties. The major celebration will be on May 8, 1993, since May 9 is a Sunday. It will be a gala parade and banquet in Riverside to which they would be invited to attend, but they are encouraging activities throughout the County for the centennial year, which will begin in the fall of 1992. Although it seems rather early, he feels they need this much time to really plan an outstanding celebration, and they would welcome any suggestions collectively and individually. He will be working with the Chamber of Commerce to make sure the Cherry Festival in 1993 will highlight the centennial, and he would welcome their suggestions now or at any time in the future. Council Member Leja asked if any dates had been targeted at this time for special celebrations throughout the County, with Mr. Fitch indicating only May 8, 1993 in Riverside had been established at this time. One of the other activities, for which no date has been set, would be a caravan or perhaps a ride on horseback from the Colorado River to the Santa Ana River bringing a vial of water as a token, and have each community along the way be responsible for taking this water from one community to another. There have only been two Page 1 meetings of the advisory board, organizational stage at this time. PUBLIC HEARINGS - 7:00 P.M. Beaumont City Council March 1 1 , 1991 and they are still in the 5. INTENTION TO ADOPT NEGATIVE DECLARATION 90- ND -12. Applicant: Bill Ehrlich. Location: Vie le and B Streets. Project Description: Proposed Construction of an Industrial Park Complex Consisting of Thirteen (13) Parcels on 12.45 Acres. Mr. Stephen Koules presented the staff report with a recommendation from the Planning Commission for adoption of the negative declaration, a copy of which is a matter of record in the Clerk's file. The public hearing was opened at 7:08 P.M. Mr. Bill Ehrlich, 6700 Stanton Avenue, Buena Park, California: Good evening, I am Bill Ehrlich. This is the plot plan phase of your review. There are thirteen buildings ranging in size from 9,000 to approximately 36,000 sq.ft. They are fire - sprinkled, concrete tilt -up structures, and the reason for processing the entire plot plan at this early date, basically concurrently with the parcel map, is so that when we go out into the community and solicit buyers or users, we can shorten the time span for their decision process by knowing the size of building that can be placed on a lot, the parking and the specific uses. If you have any questions, I would be happy to answer them. Mayor Connors: Okay, does anyone have any questions for Mr. Ehrlich. Anyone. Council Member Parrott: I have a question. There was something put in here about no ladders on the buildings. Don't they do that anymore. Mr. Ehrlich: I don't recall the ladders. I know the planning staff was sensitive that we should screen mechanical equipment, and it would be in a well on top of the roof and screened from public streets. I don't recall the specific ladder requirement though. Council Member Parrott: It is one of the - it is in part of the paperwork. Mr. Ehrlich: It was an attempt at eliminating unsightly mechanical equipment. Council Member Parrott: That sounds good. Mayor Connors: Any other questions? Is there anyone else wishing to speak in favor of Item No. 5. Anyone else wishing to speak in favor of Item No. 5. Anyone wishing to speak in opposition to Item No. 5. Is there anyone wishing to speak in opposition to Item 5. Anyone wishing to speak at all on Item 5. Anyone wishing to speak at all on Item No. 5. We will close the public hearing. The public hearing was closed at 7:10 P.M. There was no discussion or questions from the Council. a. Consideration of Adoption of Negative Declaration 90- ND -12, Based on the Findings. Motion by Council Member McLaughlin, second by Council Member MacNeilage, to adopt Negative Declaration 90- ND -12, based on the findings. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. Page 2 Beaumont City Council March 11, 1991 6. TENTATIVE PARCEL MAP 26229 (90 -PM -1) AND INTENT TO ADOPT NEGATIVE DECLARATION 91-ND-2. Applicant: Allied Group /Nick Saab. Location: Northwest Corner of 14th Street and Beaumont Avenue. Project Description: Proposed Division of 17.68 Acres into Two (2) Parcels. The staff report was presented by Stephen Koules, Director of Community Development, with a recommendation for approval by the Planning Commission. This report is a matter of record in the Clerk's file. Council Member Parrott asked what would happen to Beaumont Avenue, where we may vacate some of the right -of -way but may possibly use it later, wondering if we had really looked at the future possibility. Mr. Koules replied that when the applicant files a development proposal, the City would be in a better position to ask for off - site improvements, dedications, as well as the on -site improvements. The public hearing was opened at 7:15 P.M. Mayor Connors: Is there anyone wishing to speak in favor of Item No. 6. Anyone wishing to speak in favor 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. Herman Goad, 211 E. 14th Street: (Let the record show Mr. Goad did not fill out a request to speak form, as a result the spelling of his name may be incorrect). You mentioned leaving room on Beaumont Avenue to be used later. How about 14th Street? Will that all come up when you submit the plans? Council Member Parrott: It should. Mr. Goad: Along with fixing that wash and everything through there? City Manager: It will be a part of the conditions of approval. Mr. Goad: Will they take into consideration all the water that runs down 14th Street from the housing project up on 14th and Palm. City Manager: We will take under consideration all the.water that is leaving the project going into the wash that is across the street from this, plus all the water that is coming down. Mr. Goad: Well I'll tell you, I live right almost at the wash, and when it rains that water is curb to curb, and it is coming from on 14th up there. City Manager: Well, they will be taking care of their half of 14th. They are not required to take care of all of 14th. So this is going to require, since we have a washover, there is going to probably be some underground pipes in there because of the amount of water that comes through it. And, also, the width of 14th will be provided for a four -lane road with the proper appurtenances that go with that kind of requirement. Mr. Goad: Will there be a hearing on that one too, when it comes up. City Manager: Oh yes. Oh yes. All property owners 300 feet of the property will all be notified. Both Planning Commission and Council. Mayor Connors: Is there anyone else wishing to speak on Item No. 6. Anyone at all. We will close the public hearing. Page 3 Beaumont City Council March 11, 1991 The public hearing was closed at 7:18 P.M. A question was raised by Mayor Connors concerning the fact this was being presented tonight in order to allow the applicant to develop either parcel - split it so they could develop either parcel, with Mr. Koules responding this was correct so that if they wished to pursue one of the halves, they could do that. Mayor Connors continued that she remembered when the Council was discussing the zoning of this corner, and they were talking about whether they should put multiple family on it, and she remembers the vote being 4 -1, with the four now being gone, and it has multiple family on one of those parcels, and she just wanted to point that out. Council Member Leja asked for clarification that it was said they could develop one of the parcels, did this also mean they could develop both parcels as long as they were separate. Mr. Koules answered yes, this was certainly possible after filing a plot plan on each of the parcels, and they could pursue either one or both at the same time if they chose to. The City Manager clarified further that, since they are not the same, they will be dealing with different lenders, as some lenders will not do commercial, while some will not do residential, so if you don't have it split, many times that causes a great many problems, and you have to go back and have it split later. So this is the purpose of splitting the parcels. a. Consideration of Adoption of Negative Declaration 91 -ND- 2, Based on the Findings. Motion by Council Member MacNeilage, second by Council Member Parrott, to adopt Negative Declaration 91 -ND -2, based on the findings. AYES: Council Member Leja, MacNeilage, McLaughlin and Parrott. NOES: Mayor Connors. ABSTAIN: None. ABSENT: None. b. Consideration of Approval of Tentative Parcel Map 26229, subject to the Conditions of Approval as Presented or Modified. Motion by Council Member McLaughlin, second by Council Member MacNeilage, to approve Tentative Parcel Map 26229, subject to the conditions of approval as presented. AYES: Council Member Leja, MacNeilage, McLaughlin, and Parrott. NOES: Mayor Connors. ABSTAIN: None. ABSENT: None. 7. PROPOSED PRE - ANNEXATION CHANGE OF ZONE 91 -RZ -1 AND INTENT TO ADOPT NEGATIVE DECLARATION 9-V--ND -1. Applicant: Yung Tai Development and Management Co. Location: 11345 Sunnyslope Avenue. Project Description: A proposed pre- annexation change of zone on 5.44 acres from Riverside County RA -1 (Residential - Agriculture) to City RSF (Residential Single Family). (91- ANX- 1 -49). Stephen Koules presented the staff report, a copy of which is a matter of record in the Clerk's file, with a recommendation from the Planning Commission for approval of the change of zone and adoption of the Negative Declaration. There were no questions from the Council. Page 4 Beaumont City Council March 11, 1991 The public hearing was opened at 7:24 P.M. Mr. Barry Steele, 11168 Sunnyslope, Cherry Valley, indicating he is neutral: I live on the street as is pretty obvious, and this project that you are talking about is not compatible with our area at all. We have a very rural area, as you drive up the street you will see there is exactly twenty existing driveways exiting out on to Sunnyslope now, which is a usable nineteen foot wide street is all it is. The pavement may go a little further with the dirt and all, it is actually nineteen feet wide if you want to take a tape measure. I mean we are rubbing mirrors on it now with the traffic we have, and you are talking about doubling the population on our street. As you just previously mentioned, there is another project right south of that, but I am assuming it would exit out on to Cougar Way, which wouldn't have that much bearing on us. But as you come further up Sunnyslope you are putting a very big bearing on us, in a very rural area, that are very nice, well maintained homes, that aren't going to change in the near future. And you are not going to have any control over the width of the street, because the rest of us are going to belong to the County, and we all want to stay in the County. We don't want you coming up and taking us anyway. We are very happy where we are at. This is not compatible at all, and you are also surrounding your high school down there with a lot of high density, and maybe this isn't so much high density, but a lot of high density, low income housing, and you are creating a very bad environment for the children in your community. I don't know if anybody has looked ahead or not to see that, but that is exactly what is going on down there with what you have done at Cougar Way and Beaumont Avenue, and if this is an example of what we have coming our way with discarded shopping carts and mattresses, and people standing on the corner drinking beer, this isn't what we want in our area. And this is our area, and we want to maintain what we have. The street is not wide enough and it is not compatible for the area at all, what you are planning. And there is no other way out, and there is no way you can guarantee me every car that pulls out of there is going to turn south. They will turn north to go up to Brookside to get over to Highland, to get to the freeway, or whatever, and we are going to have that traffic which is going to endanger my grandchildren and my little dogs, and my lifestyle over there. I think you had better take another look at it, and if anything is done, and if we are going to have annexation, if we can't stop this, then I would believe that something compatible to the area would be something like half acre parcels or something, and those peach trees, which would still make something very nice. And I am sure the developer could still make his money, and we could have a very nice area there with a nice middle class housing. Nearly every parcel, as you drive up there now, is acre - I would say two - thirds of them are acre or better parcels. And these are very fine homes that some redevelopment project is not going to come up there and tear down in ten years. This is what we are going to live with, what we have. Thank you. Mayor Connors: We have a request to speak that is not marked in favor or opposition or neutral, from Arnie Finley. Mr. Arnie Finley, 11211 Sunnyslope Avenue, Cherry Valley: My name is Arnie Finley. I live at 11211 Sunnyslope. I am in opposition to this, so if you have somebody in favor that you would rather have speak first, I can wait. If not, yes Sunnyslope is in Beaumont's sphere of influence just like Kuwait was in Iraq's sphere of influence. That is the way most of us up there feel. First of all, environmental impact. I don't know if any studies have been done on the Marshall Creek drainage, which runs right behind my property, in fact it is part of my property. Twenty homes on that is going to have a definite impact on that drainage. Second, as Mr. Steele said, traffic. You are going to have to Page 5 Beaumont City Council March 11, 1991 widen that street. Thirdly, education. What are you going to do for the schools. Another point is when was the last time the Beaumont Police Department was expanded. Right now, we have got kids coming up and down that street during school hours anywhere between 60 and 100 miles an hour, and I haven't seen any speeding tickets handed out yet in the time that I have lived there. So, doubling the population on that street just on a five acre parcel doesn't make sense at all - environmentally, economically, or from a law enforcement standpoint. Thank you. Mayor Connors: Patsy Reeley. Speaking in opposition. Patsy Reeley, 11105 Sunnyslope: My neighbors have voiced my objection to this property development. As you can see by those photos that I gave you the first two is property that was previously annexed to Beaumont, and it has been sitting there for two or three years, and you can see the condition it is in. It has danger posted on it by the County. It is a drug hangout. It has graffiti, broken windows, not the kind of element that we want on our street. As for negative declaration, I can cite several negatives. As they said, the street is nineteen foot wide. We have Marshall Creek which is like a grand canyon. Somebody is going to have to do something about the drainage. The more development that you put down there, the worse that canyon is going to get. It is about thirty foot deep in places. We never had any crime on Sunnyslope until the development on Cougar and Beaumont. We didn't have any graffiti on our fences. We didn't have any shopping carts in the streets. We didn't have any mattresses dumped on the edge of the road, which has been there for five or six weeks and the City hasn't picked it up yet. That kind of thing never happened before, and we don't want it to happen now. And, of course, you know there is a water shortage. And the more you cover and develop the land, the less you are going to have to eat, and I can see some day you are going to either choke to death or starve to death if you are going to get rid of all the orchards. People on our street have small animals. They have horses and we have a number of orchards on that street. All the lots run from half an acre up to seven acres, and like Arnie said, we are in the sphere of Beaumont, but we really want to stay in the County. Our street is also in the proposed boundaries of the proposed city of Cherry Valley. I would like to see this annexation postponed at least until Cherry Valley has a chance to either make its boundaries or decline as the city, I am not sure which will happen yet. We really don't want five houses per acre in that area. If the man wants to put a house per acre, or maybe even possibly a house per half acre, we would welcome him with open arms. We don't want high density. Not on that forty acres, not on that ten acres, or not on that five acres. Thank you very much. Mayor Connors: Is there anyone else wishing to speak on Item No. 7. Is there anyone else wishing to speak on Item No. 7. We will close the public hearing. The public hearing was closed at 7:32 P.M. Council Member McLaughlin stated he did not have any questions per se, however in looking at the pictures submitted by Mrs. Reeley and what he sees has been there for many years with no improvements, and he guesses that is County improvements that you usually receive when you are in the County. He continued that it appears to him if this property is upgraded in the way the City will require it be done, it would be an upgrade rather than causing the hardship these people think they will be receiving. To him any kind of an improvement would be an improvement over Page 6 Beaumont City Council March 11, 1991 the pictures he just saw, and he doesn't understand why they feel like that by putting new homes in there these people will be the type of people who will bring in drugs, etc. In actuality, they would probably curtail that type of activity, because nobody likes drugs or to graffiti or that type of thing. They are ,see apparently not looking at it in a broader sense. He felt the City would handle it and do a very good job, and it will be an improvement. Council Member Leja called attention to the statements which had been made earlier about the projects on Cougar Way and Beaumont Avenue, assuming they are talking about the housing development there, she wanted them to know she lives in that housing development, and she does not dump mattresses on the road, or shopping carts on the road, and she sympathizes with the kids that go through the neighborhood speeding because they come through her neighborhood speeding in order to get to Cherry Valley. Recently, she was almost hit head on by a young man who lives right off Sunnyslope the other day, but it was not in the City so it was out of the jurisdiction of the Beaumont police. She emphasized she takes offense when it is generalized that those people that live there in that housing project are doing all these bad things, as there are a lot of good people who live there as well, just as there are good people who live outside the city, there are also bad people who do destructive things to property who live in both areas. She continued that the other point she would like to make is she is not objecting to any type of development in that particular area, however, she would be more favorable to it if there were fewer houses per acreage. Council Member Parrott indicated he feels the same way as Mrs. Leja, but pointed out every property owner desires to get the best use out of his property. If this area were in the city we could use our police to police that area, but it appears it is outside the city now. He stated further the City will see that good units are built as it will upgrade the area. Although these people would like to see one house per acre or per half acre, the City can't always do that, but he would support reducing the number of dwelling units per acre. a. Consideration of Adoption of Negative Declaration 91 -ND -1, Based on the Findings. Motion by Council Member McLaughlin, second by Council Member Parrott to adopt Negative Declaration 91 -ND -1, based on the findings. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. b. ORDINANCE NO. 696 - FIRST READING - Prezoning 5.44 acres from Riverside County RA -1 (Residential Agriculture) to City RSF (Residential Single Family). (91- RZ -1). Applicant: Yung Tai Development and Management Co. Location: 11345 Sunnyslope Avenue. (91- ANX- 1 -49). Motion to read Ordinance No. 696 by title only. Motion by Council Member Leja, second by Council Member McLaughlin, to approve Ordinance No. 696 at its first reading. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. Page 7 Beaumont City Council March 11, 1991 NOES: None. ABSTAIN: None. ABSENT: None. The ordinance was read by title only by the Deputy City Clerk. There were no.comments from the Council concerning Ordinance No. 696. Motion to Approve Ordinance No. 696 at its first reading. Motion by Council Member McLaughlin, second by Council Member Leja, to approve Ordinance No. 696 at its first reading. AYES: Council Member Leja, and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. MacNeilage, McLaughlin, Parrott c. RESOLUTION NO. 1991 -08 - A Resolution of Application by the City of Beaumont Requesting the Local Agency Formation Commission to Take Proceedings for the Annexation of Uninhabited Territory, Pursuant to the Local Government Reorganization Act of 1985. (Beaumont 91- ANX- 1 -49). Motion by Council Member Leja, second by Council Member Parrott, to adopt Resolution No. 1991 -08. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 8. PROPOSED PRE - ANNEXATION CHANGE OF ZONE 90 -RZ -6 AND INTENT TO ADOPT NEGATIVE DECLARATION 91 -ND -3. Applicant: L. Olinger and KSE Development Co. Location: Southeast corner of 14th Street and Interstate 10. Project Description: A proposed pre- annexation change of zone on sixteen (16) acres from Riverside County C -P -S (Scenic Highway Commercial) to City C -HS (Commercial Highway Service). (91- ANX- 2 -50). The staff report was presented by Stephen Koules, Director of Community Development, with a recommendation for approval by the Planning Commission. Mr. K o u 1 e s pointed out that the County zoning was less restrictive than the City's zoning. The report is a matter of record in the Clerk's file. The public hearing was opened at 7:46 P.M. Mayor Connors: Is there anyone wishing to speak in favor of Item No. 8. Mr. Kirk Evans, representing the applicants: Madame Mayor and Council Members, I am just here to respond to any questions you might have. The main reason for going forward with this zone change at this time is this parcel is needed to tie in the Ring Ranch Road with my project and 14th Avenue. And, also, that is where the main sewer line and water line will be going up that Ring Ranch Road - as well. There were no questions or comments from the Council. Mayor Connors: Anyone wishing to speak in favor Anyone wishing to speak in favor of Item No. 8. wishing to speak in opposition to Item No. 8. At speak in opposition to Item No. 8. Anyone wishing on Item No. 8. Anyone wishing to speak at all on will close the public hearing. The public hearing was closed at 7:47 P.M. Page 8 of Item No. 8. Is there anyone iyone wishing to to speak at all Item No. 8. We Beaumont City Council March 11, 1991 a. Consideration of Adoption of Negative Declaration 91 -ND -3, Based on the Findings. Motion by Council Member Leja, second by Council Member Parrott, to adopt Negative Declaration 91 -ND -3, based on the findings. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. b. ORDINANCE NO. 697 - FIRST READING - Prezoning Sixteen (16) acres from Riverside County C -P -S (Scenic Highway Commercial.) to City C -HS (Commercial Highway Service). Applicant: L. Olinger and KSE Development Co. Location: Southeast corner of 14th Street and Interstate 10. (91- ANX- 2 -50). Motion to read Ordinance No. 697 by title only. Motion by Council Member McLaughlin, second by Council Member Leja, to read Ordinance No. 697 by title only. AYES: Council Member Leja, and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. MacNeilage, McLaughlin, Parrott The ordinance was read by title only by the Deputy City Clerk. Motion to Approve Ordinance No. 697 at its first reading. Motion by Council Member McLaughlin, second by Council Member Leja, to approve Ordinance No. 697 at its first reading. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. c. RESOLUTION NO. 1991 -09 - A Resolution of Application by the City of Beaumont Requesting the Local Agency Formation Commission to Take Proceedings for the Annexation of Uninhabited Territory, Pursuant to the Local Government Reorganization Act of 1985. (Beaumont 91- ANX- 2 -50). Motion by Council Member Leja, second by Council Member McLaughlin, to adopt Resolution No. 1991 -09. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 9. INTENTION TO _CONSIDER ADOPTION OF DEVELOPMENT AGREEMENT FOR THE DEUTSCH SPECIFIC PLAN P -89- , which allows for the development of a maximum of 4,716 dwelling units on 1,162 acres proposed for annexation to the City of Beaumont. This Development Agreement provides rules and regulations relative to how this project will be developed and guaranteeing the developer will receive and provide certain amenities and benefits. APPLICANT: Deutsch Corporati.on. LOCATION: Between 8th Street and Brookside Avenue, and Between Cherry Avenue and Highland Springs Road. The City Manager advised the City Attorney would give the Council an overview of what development agreements are in general, since this is the first development agreement the Council has been involved with. Page 9 Beaumont City Council March 11, 1991 The City Attorney presented an in -depth description of development agreements and their purpose, as authorized by Government Code. This presentation is a matter of record on the tape of this meeting, and is available should anyone desire to hear the entire overview. Mayor Connors called attention to the fact there is a report of action by the Planning Commission in the packet in which they recommend approval of this development agreement. The public hearing was opened at 8:02 P.M. Mr. David Colgan, attorney for Deutsch Corporation: We would just like to thank and acknowledge the staff for the professional manner in which we went through a number of rewrites and came to a deal which I think is both beneficial to Deutsch and to the City. I don't think there is anything I can do to expand on what Mr. Ryskamp said, and I would be glad to answer any questions, otherwise we concur with the staff recommendation and urge your approval. There were no questions from the Council. Mayor Connors: Is there anyone else wishing to speak in favor of Item No. 9. Anyone wishing to speak in favor of Item No. 9. Anyone wishing to speak in opposition to Item No. 9. Anyone wishing to speak in opposition to Item No. 9. Please give your name and address for the record. Mr. Garry Readman, 13056 Palo Alto Street: I am not in total disagreement with this project. But I am - have some concerns about. First of all, flooding. And that area is known for a flooded area. And we live close to the flooding area that is now there. With 4,000 homes out there, this will create a lot of water problems, plus your drainage through Southern Pacific's right -of -way out there isn't big enough to hold that much flooding. And there is the car problems with that many cars. I think that you would be well advised to try and work with the people on it. Not so much as - say we are going to put a right -of -way through here, and take your property, which I feel is going to happen to some people. And I think this city here has a good project going on, but I think that they need to think about it real hard. Thank you. Mayor Connors: Is there anyone else wishing to speak in opposition to Item No. 9. Is there anyone wishing to speak at all on Item 9. Anyone wishing to speak at all on Item 9. We will close the public hearing. The public hearing was closed at 8:05 P.M. The City Attorney responded, for the Council's and public's information, to the comments just made, that he thought it was important to recognize the kind of details that are of the greatest concern, such as drainage and traffic, and exact alignment of where the streets are going through, are not being locked in by this development agreement, nor for that matter those types of details by the specific plan. Rather, the rules of the game by which those decisions will be reached are, in effect, in part, being defined, and perhaps, more important, the fact that the developer is going to be required to pay for solving those types of problems. So the City, by taking this approach, is insuring these benefits are received. If the project goes in over twenty -five years, and this land were developed piecemeal, the City would never see the very kind of planning that this gentleman wants, because there would not be a single large plan, or a coordinated effort. Page 10 Beaumont City Council March 11, 1991 With this agreement, you are getting the opportunity to review every year to make certain that it is taking place as it should. Nor would there be the funds for this infrastructure without this type of agreement. The developer, on the other hand, get assurances that the City will not change the rules of the game as the years go by without both sides agreeing. The City Manager pointed out that, especially in the case of drainage, the environmental impact report for this project contains an extensive amount of engineering that has already been done, and it will probably surprise everyone that the first movement of water from the property starts at about Cougar Way with a large drainage pipe being taken to Highland Springs Road. There is nothing like that today at all. This will also carry through the water being accepted from Cherry Valley, and this is just the first of many with the pipes being very large, underground, and there will probably be a retention basin not only on the Deutsch property but on the Loma Linda property, on the Hovchild property, etc., to step the water down from large rainstorms to allow it to flow out slower as the rainstorm comes back down. He then referred to Mr. Ryskamp's comment that the fact if this was done piecemeal, we would have piecemeal flooding because no one could afford to put these kinds of pipes in as they have to be started in one location and continue to move on, otherwise the price of the housing would be too high and no one could ever build. In addressing Mr. Readman's comments, he stated the City would be glad to share the EIR with him to show him the drainage, and also he was sure he was referring to American Avenue, and one of the reasons the City had to look at American Avenue was to try to get the people off of the streets of Beaumont as quickly as possible if we are successful in getting an interchange at American Avenue and I -10. This would be the fastest way out of town if that takes place, and is a way to keep more traffic away from individual houses, etc. He concluded that the Deutsch Corporation should be commended for listening to the City, and many of the changes to the project came about because staff said the Council won't buy that. As a result we have a project that he is proud he had a part in as he feels they did something for the community and something for the landowner as well. He went on to say staff felt very fortunate that they had an attorney working with the City on the development agreement that worked with the City jointly, and not only on the landowner's side. It was a very good feeling throughout this project to realize the City had partnerships on both sides even before the developer was ready to be annexed. There were no comments or questions from the Council. a. ORDINANCE NO. 698 - FIRST READING - Approving the Development Agreement Between the City of Beaumont and the Deutsch Corporation (Pursuant to Government Code Section 65864 - 65869.5). Motion to read Ordinance No. 698 by title only. Motion by Council Member Leja, second by Council Member McLaughlin, to read Ordinance No. 698 by title only. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. The ordinance was read by title only by the Deputy City Clerk. Page 11 oeaumont City Council March 11, 1991 Motion to Approve Ordinance No. 698 at its first reading. Motion by Council Member Leja, second by Council Member McLaughlin, to approve Ordinance No. 698 at its first reading. AYES: Council Member Leja, and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. END PUBLIC HEARINGS. MacNeilage, McLaughlin, Parrott 10. RESOLUTION NO. 1991 -10 - A Resolution of Intention to 1) Order Abandonment of a Portion of Minnesota Avenue; 2) Order Abandonment of a Portion of Elm (Iowa) Avenue; 3) Order Abandonment of a Portion of "B" Street; and 4) Change the Street Name of the Entire Length of Minnesota Avenue to Viele Avenue. Applicant: City of Beaumont. A report was received from the City Manager, a copy of which is a matter of record in the Clerk's file, recommending adoption of this resolution setting a date for hearing. Mayor Connors questioned why Iowa continues to be shown in parenthesis behind Elm, with the City Manager replying this is in case you pick up an old document and it shows Iowa Avenue, this will explain that Iowa is now Elm, and the same thing will show up when the name of Minnesota is changed. Motion by Council Member Leja, second by Council Member MacNeilage, to adopt Resolution No. 1991 -10. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. The meeting was recessed at 8:25 p.m., reconvening at 8:32 p.m. 11. Request from Munawar Ahmad Chaudhry for Business License to Operate Sahara Market at 985 Beaumont Avenue. (Continued from February 25, 1991). The City Manager reported that documents were given to his office which were, in turn, given to the City Attorney for review and the City Attorney will be advising the result of his review of these documents. The City Attorney indicated the documents met the requirements which were requested. As a part of the escrow instructions there is a clear statement that in the event of default on the note between Mr. Barakat and Mr. Chaudhry, that Mr. Barakat cannot take over the business of Sahara Market, that it only relates to the fixtures, furniture and equipment. Additionally, there is a financing statement to be filed, a UCC -1, with the State on the closing of the escrow and completion of the sale, which provides only for equipment and fixtures located at the market. Likewise, there is a proper security agreement and a $15,000.00 installment note backing that up. The security agreement again relates only to furniture, equipment and fixtures located at 985 Beaumont Avenue, and nothing else. He stated this eliminated his major concern there might be some effort upon default to take the business back, and that has been adequately dealt with in the proper legal format. Council Member Leja asked what the status of the pending lawsuit filed by the previous applicant is, with the City Attorney stating it is his understanding that is still going on at this time, but he has no personal knowledge beyond that fact. Page 12 Beaumont City Council March 11, 1991 Council Member Leja then asked if it would be significant to anything the Council might decide tonight should the previous applicant win the lawsuit. The City Manager indicated the previous applicant already has approval of a business license should he prevail in the lawsuit, and the Council would not see two people asking for a business license. The City will need to know that they have a lease on the property before a business license would be issued. The City Attorney emphasized the Council's action would not favor one over the other. The application approval would be based on the information provided to them. Council Member MacNeilage asked Mr. Chaudhry if he was not approved by the ABC, would he still operate a business at this location, with Mr. Chaudhry stating he went to the ABC two days ago and they indicated there would be no problem - they will issue a license to him, but, yes, he would operate a business there even if a liquor license were not issued. Motion by Council Member McLaughlin, second by Council Member MacNeilage, to grant Mr. Chaudhry a business license to operate Sahara Marke46 at 985 Beaumont Avenue. Prior to a vote being taken, Mr. Tabell, the previous applicant, requested to be heard. Council Member McLaughlin withdrew his motion, with the second being withdrawn by Council Member MacNeilage, to enable Mr. Tabell to speak. Mr. Tabell advised he was here regarding the Sahara Market, because he feels there is a big question mark because his offer was $62,000, and this applicant is buying it for $37,000. Mr. Barakat approached him and offered him $5,000.00 plus his attorney's fees if he would drop the lawsuit. If he is willing to pay $5,000 plus attorney's fees on top of the $62,000 he would be receiving as a result from selling to Mr. Tabell, why would he sell for $37,000 unless he has an interest in the business. He went on to say that the gentleman who is also proposing to buy the business saw the ABC notice on the door, but still he asked Mr. Barakat to sell it to him knowing the place had already been sold to him. In his opinion, there will be another Mr. Barakat there because.he will not care about the laws. He advised further that the matter is in court with the first hearing on the 19th of March, and he is requesting the council to hold any action until the lawsuit has been concluded, and again questioned that the figures just don't add up and the entire matter doesn't sound right to him. Mayor Connors asked for clarification that if the Council approves eighteen people, the City will still issue only one business license for this location, and if Mr. Tarbe11 were to win the lawsuit, it would not be a matter of who came in first to obtain the license. The City Manager responded that the City has the right to ask anyone who comes forward to show us the lease that has been signed for the building. If the Council authorizes Mr. Chaudhry's request tonight, he must still provide a lease for the building. Discussion continued regarding approving the issuance of a business license to more than one person, with the City Attorney stating he also doe.sn't understand why Mr. Barakat is choosing to sell to the second applicant, but it does not effect the legality of the documents that have been provided, which clearly indicates Mr. Barakat has no interest except the furniture and fixtures. Page 13 Beaumont City Council March 11, 1991 Additional questions were asked by the Council, with comments made at length by the applicant and his interpreter, the previous applicant, Mr. Tabell, the City Attorney and the City Manager. Mayor Connors stated she remembered the original request from Mr. Tabell, and the paperwork which was included in that agenda, as well as the request from Mr. Chaudhry and the paperwork that was in that agenda, and she knows the Council requested the documentation given to Mr. Ryskamp, and she still doesn't feel right about it. The City Manager agreed it doesn't feel right because a gentleman the Council had escrow instructions from for $62,000 cash has now been turned down for $37,000 cash, and it is hard for anybody to feel right about it, with the $37,000 not in cash but $15,000 in a security agreement. Mayor Connors continued that she saw three possibilities here, one to approve it, one to continue it and one to deny it, and her feeling right now, because of the feeling she gets from it, is to deny it rather than continuing it. The applicant, Mr. Chaudhry, through his interpreter, stated he felt the Council should make a decision on his request tonight, based on the documentation which has been presented to them, and then let the Court make its decision later on. Lengthy discussion continued with the City Attorney stating his concern about whether or not there is evidence before the Council to justify denial, and that the applicant has provided all of the documentation that he can at this time. He emphasized he was not suggesting the Council was bound to approve it, but a continuance might be appropriate until it is determined that there is a lease, and a resolution is complete. He reemphasized further his concern right now is about the justification of denying the applicant, when their only concern is this feeling that no one should be selling something for $25,000 less than a signed, sealed, ready to be delivered offer. He again recommended the matter be continued until the next meeting, although he knows this is not what the applicant wants. The applicant was asked if he could provide a lease to the Council, and, if so, they would then feel more comfortable in approving the issuance of a business license providing the sale is concluded. Mr. Tabell advised that at this time the escrow is frozen and the issuance of an ABC license is frozen, pending the outcome of the lawsuit, and until the lawsuit has been determined, no sale can be concluded. Council Member Leja asked Mr. Chaudhry if he approached Mr. Barakat regarding the sale, or if Mr. Barakat came to him, with Mr. Chaudhry replying that Mr. Barakat came to him. She then asked if Mr. Barakat had made him aware of the previous sale, and all the legal problems he was experiencing. Mr. Chaudhry indicated he only told him that the other gentleman could not get the lease, and he didn't know all the other problems, and being his first time in a business he doesn't know what is going on. Council Member McLaughlin asked if any money had changed hands on either of the sales. Mr. Tabell said Mr. Barakat asked for $10,000, but he declined saying everything should be paid into escrow. Mr. Chaudhry stated that no money has been paid. Everything is in escrow. Mr. Chaudhry's uncle, whose name was not given, asked what Mr. Chaudhry should bring to the next meeting, so he will be aware of what he needs to provide to the Council, and what will postponing this to the next meeting accomplish. Page 14 Beaumont City Council March 11, 1991 Mayor Connors responded this would give the Council an opportunity to consider the changed picture they are looking at, from what they were looking at when they studied this agenda, as they are now getting a different kind of story than they did before, and to give Mr. Chaudhry the opportunity to provide a lease. At this time Mr. Chaudhry provided a copy of an Assignment of Lease executed by Mr. Barakat and Mr. Seeburger, the property owner. The City Attorney asked Mr. Chaudhry if the business license were to be approved, when could he begin operation of the store. Mr. Chaudhry said getting a business license would be no big deal, because he would still have to wait until the lawsuit is settled. The City Attorney pointed out the lease apparently goes into effect on April 1, with the City Manager adding since it goes into effect on April 1 there should be no problem in making a decision by March 25 because he couldn't open in any event until April 1. The City Attorney then brought forward the fact that if the Court grants a preliminary injunction no one will be opening the business with or without a business license, also Mr. Barakat's court ordered 120 days to cease operation has run out. Motion by Council Member Leja, second by Council Member McLaughlin, to continue this agenda item until the next regularly scheduled Council Meeting on March 25. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. 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 considered as a separate item. a. Approval of Minutes of Regular Council Meeting of February 25, 1991. b. Approval of Warrants as Audited per Warrant List of March 11, 19911 in the amount of $276,163.35; and Payroll of February 28, 1991, in the amount of $69,822.77. c. Authorization to Call for Bids for Installation of Traffic Signals at 6th Street and Pennsylvania Avenue, and at 14th Street and Beaumont Avenue, with Bids to be Received No Later than April 15, 1991. d. Consideration of Contract Proposal for Asset Seizure and Forfeiture Administration Services, Based on a Contingency Fee of 18% on the Value of all Assets Subsequently Forfeited Which Were not Previously Seized by the Police Department, and Authorization for Mayor the Execute the Agreement. e. Approval of Payment to Hughes Investment in the Amount of $170,801.00, for Installation Costs of Beaumont Trunk Sewer Line in Highland Springs Avenue in Conjunction with Sun Lakes Village Construction. Mayor Connors requested the minutes of February 25 be amended as follows: On Page 6, sixth paragraph, the last sentence reads, "she questioned whether the library should be providing this type of information anyway ", which she felt sounded as if she was Page 15 Beaumont City Council March 11, 1991 questioning whether they should on the grounds they should not be, and this was not her intention. What she questioned was shouldn't they be providing this type of information anyway. Therefore the last sentence should be amended to read "she questioned whether the library shouldn't be providing this type of information anyway ". She then asked that Page 12 be amended to show that Council Member McLaughlin did not return to regular session when the meeting was reconvened from closed session. The minutes will be amended to read "Let the record show Council Member McLaughlin did not return to regular session when the meeting was reconvened from closed session ". Motion by Council Member Leja, second by Council Member MacNeilage, to adopt the Consent Calendar with the amendments to the minutes. AYES: Council Member Leja, MacNeilage, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. Date Set for Next Regular Council Meeting, Monday, March 25, 1991, 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 9:15 P.M. Respectfully submitted, City Clerk Page 16 AMENDMENT TO BEAUMONT CITY COUNCIL MINUTES OF FEBRUARY 25, 1991 The minutes of Beaumont City Council meeting of February 25, 1991 are amended as follows: Page 6, sixth paragraph, the last sentence is amended to read: "She questioned whether the library shouldn't be providing this type of information anyway ". Page 12, Agenda No. 11, is amended to read: "Let the record show Council Member McLaughlin did not return to regular session when the meeting was reconvened from closed session ". Respectfully submitted, Robert J. Bounds, City Clerk BEAUMONT CITY COUNCIL MINUTES OF FEBRUARY 25, 1991 The Beaumont City Council met in a Regular Meeting on Monday, February 25, 1991, 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, MacNeilage, 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 Mayor Connors requested that Item No. 9 be taken out of sequence and heard prior to Item No. 7. There were no objections from the Council to make this adjustment 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 26100 (90- PM -2); INTENT TO ADOPT NEGATIVE DECLARATION 90- ND -11; AND APPEAL OF CONDITION NO. 7.05(e) RELATING TO MITIGATION FEES. APPLICANT: Bill Ehrlich. LOCATION: Viele and "B" Streets. The proposed division of 12.45 acres into thirteen parcels. The City Manager presented the staff report concerning this parcel map, explaining the necessity to realign certain streets for better traffic flow, and indicating a recommendation from the Planning Commission for approval of the parcel map and adoption of the negative declaration, with conditions of approval as amended by the Planning Commission. He then addressed the appeal filed by the applicant concerning Condition No. 7.05.(e), advising that he has worked with Mr. Ehrlich on a new Condition 7.05(e), and recommended the existing condition be deleted in its entirety and replaced as follows: 7.05(e) - The following mitigation fees will be due and payable at the time building permits are issued. 1. Traffic Signalization Fees - $ 500.00 per acre. 2. Fire Mitigation Fees - $ 800.00 per acre. 3. Police Mitigation Fees - $ 640.00 per acre. 4. Traffic Mitigation Fees - $1000.00 per acre. (said fee shall be designated for use in constructing road- way improvements on the east side of Viele Avenue between B Street and the Southern Pacific Railroad tracks.)" Additionally, he recommended that Condition No. 2.07.01 be deleted in its entirety, as it is not needed for this project. The public hearing was opened at 7:13 P.M. Page 1 Beaumont City Council February 25, 1991 Mr. Bill Ehrlich, 6700 Staten Avenue, Buena Park, California: This is an assemblage of six parcels which we started acquiring about a year and a half ago, and we acquired the number of parcels so that we could get frontage on Viele in an industrial area that would like to see development, and also to be able to get to the railroad tracks. By picking up a slice of County land, we are now contiguous to the right -of -way for the SP railroad, and if a rail user has an interest in some of our parcels along the top, we can now provide that. We also negotiated an acceptive agreement between us and the property owner immediately to the west, because that is where the storm water will go out, and we have a large storm drain to build that will run from our cul de sac on down, and then into the natural channel. This is an area, if you are familiar, during the - when it rains - the rainy season, is low and is wet. And so, hopefully, when this is developed it will be able to free that entire intersection for not only our parcel, but the proposed Western Coating parcels and other people that will participate in the area. There is a rendering of the product over here. While this is a parcel map hearing, it is kind of hard to just draw lots without having an idea of what you plan to build there. It is our intent to go into the market place, being able to show respective users of light industrial buildings of an approved plot plan, that they have some concept of how they can build, and they could build on a lot. What kind of parking they would need. Because there is always a time lag when you are out showing property - they buy it subject to tentative, and they come in - it takes months to complete that cycle. So these lots have been set up at the present time for a plot plan that has buildings from nine to about thirty thousand square feet. The lots can be joined if they desire - instead of half acre lots, if someone wants one acre lots. There are up to two acres presently on the map. they can be joined kind of like a puzzle. So we really have a pretty wide variety of building types. We have lived entirely within the codes of the City of Beaumont so far as planning goes. We are not asking for any variances or any special approvals. But one of the City Engineer's conditions, which read to me somewhat like an open book, were fees for purposes and amounts not yet determined or established by the City, could be applied to us I felt was unfair. So, hence, the $175.00 fee, and this appeal tonight. I have talked with the City Manager. It is tough to bring industry out here. You know, we have been working on it now for a year. The economy does not always cooperate, and anything that can be done by the City to minimize our costs in the industrial business would sure be appreciated. I have, in any event, agreed, if it is your wish, that we would accept the fees that Mr. Bounds has suggested and has drafted to you. If you have any questions, I would be happy to answer. Mayor Connors: Okay, thank you. Does anyone have any questions. Council Member Parrott: Yes, I have a question. Do you have any clients that will need the track siding there. Mr. Ehrlich: No. Rail clients. No, there was one call that we got, so far as rail went. I don't show this to the public until I have an approval by the City. So we talked and said when it is approved we will go back and we will talk to you. Whether they are still there today or not I can't tell you. But it is designed that way that we can have a rail siding if necessary. Mayor Connors: Mrs. Leja has a question. Mr. Ehrlich: Sure. Page 2 Beaumont City Council February 25, 1991 Council Member Leja: If everything goes as planned tonight, what type of estimated time of completion do you see of preparing the property. Mr. Ehrlich: Well, we are in a slump right now. We have two years under the present approval to record the map. If I was here last July I would have said I would be building today. Because I really felt there was that kind of excitement and interest. Right now we are going to spend six months doing the critical plans for water, storm drain, that type of engineering work, and wait until we see that window in the market. Housing in Beaumont will help us with industry. Pricing will help us. There is an awful lot of multi- tenant industrial product between here and Los Angeles. We hope to be somewhat different as that user can buy his lot and build his own building, because most of that inventory out there are large scale multi- tenant, where you are always a tenant, okay. Hopefully we have that edge, but I would be very happy if a year from now we could start it. Mayor Connors: Anyone else. Thank you. Is there anyone else wishing to speak on Item No. 4. Anyone else wishing to speak on Item No. 4. Anyone else wishing to speak on Item No. 4. We will close the public hearing. The public hearing was closed at 7:18 P.M. a. Consideration of Approval or Denial of Appeal of Condition No. 7.05(e) of the City Engineer's Conditions of Approval, relating to undetermined mitigation fees. Motion by Council member McLaughlin, second by Council Member Parrott, to approve the appeal and replace Condition 7.05(e) with the following wording: 7.05(e) - The following mitigation fees will be due and payable at the time building permits are issued. 1. Traffic Signalization Fees - $ 500.00 per acre. 2. Fire Mitigation Fees - $ 800.00 per acre. 3. Police Mitigation Fees - $ 640.00 per acre. 4. Traffic Mitigation Fees - $1000.00 per acre. (said fee shall be designated for use in constructing road- way improvements on the east side of Viele Avenue between B Street and the Southern Pacific Railroad tracks.)" and further move to delete Condition 2.07.01 from the conditions of approval in its entirety. AYES: Council Member Leja, and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. McLaughlin, MacNeilage, Parrott b. Consideration of Adoption of Negative Declaration 90- ND -11. Motion by Council Member Leja, second by Council Member Parrott, to adopt Negative Declaration 90- ND -11, based on the findings. AYES: Council Member Leja, McLaughlin, MacNeilage, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. c. Consideration of Approval of Tentative Parcel Map 26100 (90- PM-2), with conditions of approval as presented or modified. Page 3 Beaumont City Council February 25, 1991 Motion by Council Member McLaughlin, second by Council Member MacNeilage, to approve Tentative Parcel Map 26100, with conditions of approval as modified. AYES: Council Member Leja, and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. END PUBLIC HEARINGS. McLaughlin, MacNeilage, Parrott 5. Request from Munawar Ahmad Chaudhry for Business License to Operate Sahara Market at 985 Beaumont Avenue. (Continued from February 11, 1991). Chief Funston presented the staff report, advising that he met with Mr. Chaudhry this last week, and it appeared there was some communication problem with Mr. Chaudhry regarding what the City was requesting from him. There had, in fact, been an escrow opened on the property at 985 Beaumont Avenue, and he received a copy of the escrow papers and noted the only thing Mr. Barakat will be keeping is an installment note for $15,000.00 on the business. Chief Funston did not know if that qualifies with his probation terms or not. The escrow appears to be fine other than that one question. Chief Funston further advised the escrow reflects the intent to transfer the ABC license as well, and last week he received notice from the ABC that they had canceled Mr. Barakat's license, and he no longer has a license. The applicant was informed of this and it was suggested to him he may want to investigate this development. ABC has further notified Chief Funston, that after reviewing the case, they may have some reservations about issuing another license at that location, but that would be ABC's decision. The Chief also reported he had made some inquiries concerning the cash supporting this purchase, and they appear to be legitimate. It has been indicated to him there are no ties in any way with Mr. Barakat. Council Member McLaughlin asked for confirmation that ABC would not issue a license, with Chief Funston responding that at this point they have some reservations about issuing a license, but he doesn't know whether or not they will accept his application. That is strictly up to ABC. Council Member McLaughlin then requested to hear from the applicant regarding whether or not he is still interested in the property if the license is not issued. Mr. Chaudhry indicated he is interested if ABC gives him a license for it. Council Member McLaughlin asked what type of business would he operate at this location if he does not get an ABC license. Dr. Gulzer Ahmad introduced himself, indicating he was here in the capacity of interpreter for Mr. Chaudhry. He then translated Mr. McLaughlin's question for Mr. Chaudhry's benefit. Mr. Chaudhry replied through Dr. Ahmad that he would operate a convenience type store. The City Attorney asked if the $15,000.00 note was secured or unsecured, with Chief Funston advising it notes in the escrow papers that it is an installment note in favor of the seller. Page 4 V Beaumont City Council February 25, 1991 The City Attorney then stated his concern about this installment note and whether or not it would allow Mr. Barakat to step back in upon a failure of payment, and asked the applicant whether or not there was any other security for this note instead of the business. This question was translated by Dr. Ahmad for Mr. Chaudhry, with Mr. Chaudhry then replying, through Dr. Ahmad, that there is no other property being put up as security. Mr. Ryskamp questioned whether or not if he fails to make a payment on the loan, can Mr. Barakat take away the business, with the applicant indicating (again through the interpreter) that he could not. Chief Funston read from the escrow papers "that the security agreement shall secure the same covering the fixtures and the equipment, together with the financing statement executed by the buyer and the seller which shall be filed with the Secretary of State ", - so it appeared he could take the fixtures and equipment. The City Attorney felt the fixtures and equipment is the business, and stated his concern about whether or not that violates the probation, because that would be a potential interest in the business because all it would take is one or two bad months, and Mr. Barakat would be back in the business. Discussion continued along this line, with the conclusion that the City Attorney should review the escrow papers before discussion continued. At this point, it was suggested the Council continue to the next item on the agenda to allow the City Attorney time to review the escrow instructions, returning to this agenda item when he is prepared to continue the discussion. a. Determination of Use of 17th Year Community Development Block Grant Funds. (Continued from February 11, 1990). Ms. Martha Willis, a member of the Mid - County Board of Directors for Alternatives to Domestic Violence, addressed the Council in support of the ADV request for funds. In her presentation, Ms. Willis indicated this request is to help support the services their agency provides for battered women and their children who reside in Beaumont. Those services include a toll -free, 24 -hour crisis line, outreach counseling and advocacy, emergency shelter and community education and training. The amount requested from Beaumont is the per capita, fair share portion (1%) of the amount still needed to be raised to cover all costs in the amount of $252,307.00. She continued her presentation with additional information relating to the services provided by ADV. Answering* a question from Council Member Leja, Ms. Willis stated that women and children in this area are being served, as it is the only source of assistance available, and clarified the service includes men as well, in actuality, spousal abuse is a better definition, rather than just women and children. Answering further questions from Ms. Leja, she indicated that shelter is available for the women and children, with the Salvation Army providing shelter for the men, up to a maximum of thirty days; counseling is available, both by telephone and face to face which is an on -going situation; and they offer job placement services. Mayor Connors asked if there are paid employees as well as volunteers, with Ms. Willis responding there are 25 staff members and over 100 volunteers, and several shelters with approximately 50 beds available. In addition to the safe houses, there are other resources for shelter. Counseling is available to the children as well as the adults. She then confirmed their statistics show ADV received a call from Beaumont every six or seven days during this last year. Page 5 Beaumont City Council February 25, 1991 Ms. Clara DiFelice, of the Beaumont Library District, stated she is available for any questions the Council may have regarding the proposal previously submitted to them, and that the basic goal of the project is to provide some intensive material on job information, and to initiate a public relations campaign to identify the library as a source for job information and materials in the community. Council Member McLaughlin felt this type of program might solve some of the problems previously discussed regarding domestic violence. It appears to him one of the goals is to educate these people so they can provide for themselves, and not be a burden to society as a whole, and he felt it was a well thought -out program. Council Member Leja asked if this program would also address illiteracy, or do they have an illiteracy program, with Ms. DiFelice answering the library does not have an illiteracy program at this time, the closest one being in Banning. She did advise the Library District has requested a grant for next year with the Federal Government Title 6 literacy program. In addition, the California Literacy Campaign is another source of funds that she hopes to approach in the next month or two. Job information is often linked to literacy programs, and the Beaumont Library District would like to be able to expand their services in that area. Council Member Leja then asked how they address english as a second language, or no english at all. Ms. DiFelice responded that a lot of the materials are designed for such a job seeking market, with a lot of the materials in spanish or other languages. They have some of these materials at this time, and this funding would allow them to develop that area intensively, and provide, for example, the GED test in spanish. Council Member Parrott felt that anything which can be done in this area to assist the unemployed is good. Mayor Connors felt what the library is proposing is part of their normal course of business rather than a specific jobs program, and she also wondered whether access to information and materials wasn't part of the right of the library patron already. When a jobs program was discussed at the last meeting in relation to CDBG funds, it was determined that a program should be in place before funds should be allocated to it. In her opinion, this same philosophy should apply to this program also, and she questioned whether the library should be providing this type of information anyway. Ms. DiFelice agreed the library will be providing job information for job seekers in the community, they already do. What the CDBG funds will be used for is to provide a jump start to a collection, provide an in -depth source of funds that may be put into a collection of materials to provide a really strong base for job seekers. From that point on the library will continuously up- date and keep the collection going. In addition, another part of the funding would be used mainly for public relations materials. There is often a problem identifying the library as a source of information about jobs as job seekers tend not to think of the library as a normal source for information without a community job program in place to refer them. This concluded Ms. DiFelice' presentation. Mayor Connors called attention to the request from the Department of Community Action, which mentions Indio, Riverside, Corona and Hemet, and asked for comments on this request, stating her personal feeling is the County wants cities to fund their program. She then pointed out we have the H.E.L.P. organization in Beaumont, as well as the Alternatives to Domestic Violence program. It was confirmed there was no one present from this group to answer questions. The City Manager answered a question from Council Member Leja that he has received three of these letters within a short period of Page 6 Beaumont City Council February 25, 1991 time, all dated the same date, but no contact has been made by this group. He did point out the letter dated January 25 was received on February 14, which was not in time for their last meeting of February 11. Mayor Connors said she felt the same way about both this request and the library district, in that the library is asking the City to pay for their program and materials, and the County is asking the City to fund a program which they have. Council Member Leja stated she wished someone was present so she could ask some questions, since many federal programs have been cut dramatically, and she could find out what agency the people in this area use for emergency cold weather shelter. The City Manager advised that the H.E.L.P. organization provides cold weather shelter for this area, and it is better service than what is given in a lot of areas. As added information concerning Alternatives to Domestic Violence, Chief Funston reported there were 213 cases of domestic violence last year, and of that amount 30.5% contacted ADV. Law Enforcement is mandated by State law to notify the Department of Justice of all cases of domestic violence, and give the victims the alternatives they have and ADV is the only referral service available locally. A form provided by ADV is handed to the victim, and also an in -house form which discusses the rights of victims and makes a referral to the service. The police department has had nothing but good luck in using this service. Discussion continued, with additional questions asked of the library district, and information concerning procedures provided by the City Manager. Council Member Leja stated she felt the library should be included in the discussions with the school district and city in establishing a real thorough job preparation program, rather than funding small factions here and there, as a result the timing of this request isn't right at this time. Council Member McLaughlin recommended the fund for parks improvement and the multi - purpose room be increased, since they are very good programs. Motion by Council Member McLaughlin, second by Council Member MacNeilage, that use of the 17th Year Community Development Block Grant Funds will be as follows: 1. Alternatives to Domestic Violence to receive $2,523.00. 2. D.A.R.E. Officer to receive 15% of the total grant money. 3. Remaining balance of total grant money to be used in Rangel Park and the Multi Purpose Room. AYES: Council Member Leja, McLaughlin, MacNeilage, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. b. Consideration of Adoption of Notice of Exemption for 17th Year Community Development Block Grant Funds. c. Consideration of Authorization to Submit Application for 17th Year Community Development Block Grant Funds. Motion by Council Member McLaughlin, second by Council Member Leja, to adopt Notice of Exemption for 17th Year Community Development Block Grant Funds and authorizing staff to submit an application for these funds. Page 7 Beaumont City Council February 25, 1991 AYES: Council Member Leja, McLaughlin, MacNeilage, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. The meeting was recessed at 8:19 P.M., reconvening at 8:24 p.m. 5. Discussion was directed back to Agenda Item No. 5 with the City Attorney asked to report his findings. The City Attorney reported his review of the escrow instructions reveal it calls for a security agreement, and Uniform Commercial Code One (UCC -1) filing as to fixtures, equipment and furniture. Two important items which are missing from that security agreement are good will and inventory, which means that while Mr. Barakat might be able to stop the operation of the business by stepping in and taking the furniture, fixtures and equipment, he would not be able to take back over the business. In other words, he would not have the right to go in and seize directly, if they don't pay on the note, the inventory and good will. The lease is tied up separately by an assignment of the lease. He is liable for it, but he doesn't have direct control over the lease at this point either. He continued that if the escrow is followed as it is set up, Mr. Barakat does not have the right to take back over the operation of the business. He might stop the operation, but he could not step back in and just begin operating•it again. He did point out that he does not have copies of the supplementary documents, the UCC - 1 filing, or the security agreement, or a copy of the note, so he is basing his opinion on the one paragraph description contained in the escrow instructions. It was suggested by Mayor Connors the item be continued in order that the City Attorney might be provided with these documents to insure the City has all information necessary to make a decision. Council Member Leja stated she is still leery of the entire transaction, and would prefer a continuance. The City Attorney advised that if the item is continued, the applicant should be given specific directions regarding exactly what it is the Council desires be furnished to it, which are the documents to be signed. At this point the Council has a set of instructions to the escrow holder of what they are supposed to produce. What is needed are copies of the security agreement, the note and the UCC -1 filing, fully executed, signed by the parties ready to be used when they close escrow. This will enable the Council to see what is going to be finally signed, with the idea the Council wants to be certain that Mr. Barakat cannot step back in directly upon failure to pay the note, and take over the operation of this business, as that is the Council's concern. The City Attorney emphasized he wants to be as certain as possible that what has been submitted to escrow is what is going to be used to close the deal, because of the uneasiness created by the difficulties with Mr. Barakat and as a result hyper- concerned about the transaction going as it is set forth. Council Member McLaughlin said it would appear for this business to be successful they would almost have to have the ABC license, and if they don't get that might be more likely to default on the loan, so he felt the matter should be postponed until the City Attorney is comfortable with the escrow documents. The City Attorney asked for clarification that the applicant would buy the business even if there were no beer and wine license, with Dr. Ahmad responding for Mr. Chaundhry that he is buying it whether there is a license or not. The City Manager asked when the escrow is supposed to close, with the applicant replying the escrow closing date is past, as it has been held up due to a lawsuit which has been filed by the previous Page 8 Beaumont City Council February 25, 1991 proposed purchaser of the business. Council Member McLaughlin thought the item should be continued for not only the reason previously stated, but also to see what the status of the escrow is in relation to the other problems. Motion by Council Member Leja, second by Council Member McLaughlin, to continue this agenda item until March 11, 1991, with copies of the Security Agreement, Note and UCC.1 filing, which should be fully executed ready to be used when escrow closes, provided to the Council for their review. AYES: Council Member Leja, McLaughlin, MacNeilage, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 9. Discussion Regarding Letter Received from Southern California Gas Company relating to the Deutsch Specific Plan SP -89 -1 and Environmental Impact Report EIR -90 -2. This agenda item was taken out of sequence at the request of Mayor Connors under adjustments to agenda. Mayor Connors requested the representative of the gas company to come forward, stating she is the one who brought up the question of the blowdown facility at the hearing regarding the Deutsch EIR, and the gas company has now indicated the information given to the Council was incorrect. Mr. Michael E. Edson, representing the Southern California Gas Company replied that was correct, and that the matter of moving the gas line was brought up by Deutsch as a possibility, but no final agreements have been made. He went on to say that some of the items say "they ", and the gas company wants to know who "they" are - are they referring to their plan, or are they referring to "they" being the gas company planning to move it. No final plans have been made or resolved, and as of right now the facility will stay where it is at until the gas company and the Deutsch Company have sat down and put an agreement together as to what the location of the pipeline will be through their property, both specific plans for Banning and Beaumont, and where one goes before the other, the issue of sound mitigation needs to be addressed. Mayor Connors asked if the gas company questioned the dba as given to the Council by Deutsch, with Mr. Edson replying in the affirmative, explaining that at the present time the dba is 95, not 70. If it is dropped down to 70 or below, the gas will roll out, spread and lay out over the adjacent property, not have the velocity to exit a safe distance, away from the homes and into the atmosphere, even if it is enclosed and muffled. Mr. James Taylor, representing the Deutsch Corporation, addressed the Council stating the information they relied on is in the response to comments of the environmental impact report, but he would like to make sure that everyone understands at this particular point in time they are not building the project in Beaumont today or tomorrow, or in Banning today or tomorrow. Unti l such time as a specific plan has been approved in both communities, he cannot, in good conscious, have his engineers and planners sit down with various public agencies and design specific solutions to existing problems. What the environmental document provides is protection to the City of Beaumont, and subsequently a similar document in the City of Banning, so that before the first home can be built, all the problems that are identified in the EIR will be solved, one of which is the location of the 30" pipeline, and the other is the location and the sound produced by the blowdown facility. He is not at that point in time where he is going to accept from the gas company without measuring the sound themselves, what they say the velocity and the noise is, but there is a requirement in the EIR that be done, and they will do Page 9 Beaumont City Council February 25, 1991 that. When the plan in Banning has been redone, which is where the facility is, not in Beaumont, they will be working with the city and the gas company, as they did in 1985, (at which time they were told by the gas company that the pipeline would have to be relocated and they are proposing to relocate it). They don't know exactly where that relocation is going to take place, but believe it will take place in the realignment of 14th Street, and there is information from the gas company that relocating the line into a street situation is an acceptable solution to the problem. Mr. Taylor continued that at the time they have those two plans in place, and they are prepared to sit down and design the project, that is when they will meet with the various agencies that have problems, and they will solve the problem of noise, they will solve the problem of the location, or the Deutsch Corporation has a problem pursuing the project. Mayor Connors asked for clarification that Deutsch is saying enclosing and muffling will reduce the dba, while the gas company is saying it will not, with Mr. Taylor stating he didn't know how much muffling and enclosing will lower the sound. He has figures in the EIR, and whether they are accurate or not they will all find out. But their intention is to not allow an unmuffled, vertical pipe, which is what exists today, to remain on their project, and they will relocate. Mr. Taylor went on to say that they have asked the question, who will pay for it. The gas company is responsible for paying for certain parts of upgrading that pipe for a residential quality pipe. The Deutsch Corporation is responsible, depending-upon how much relocation is required, and they are suggesting that it makes sense to relocate the 30" pipe from its present location into a street. That the blowdown facility should also be moved. Deutsch is proposing a golf course in the Banning plan, which is more than 250 feet from any residence, and it makes sense to locate that blowdown facility in that kind of an open space, and that is what they are going to propose. But it is too soon, at this point in time, because he doesn't know, nor can any City Engineer tell him, the exact location of the extension of 14th Street, and until he has that information, he cannot meet with people, and he cannot design specifically what these facilities will be. Mayor Connors again asked for clarification that the goal is to reduce the dba so that at the residences it will be no louder than adjacent traffic, probably around 70 dba, with Mr. Taylor indicating their goal is to get it as low as possible so that they do not have difficulty in selling homes, or having people using any of the open recreation areas that will be adjacent to it. An additional objective is to satisfy the requirements of the gas company. Mayor Connors then pointed out her original question was who was supposed to do the noise notification for the blowdown, and how the city would know it has been done, etc., continuing with the question do they anticipate any situation where it might not be down to such a level. Mr. Taylor responded that that is possible and what wi11 be done, technically, is a sound study will be prepared by them, submitted to the city, and the city, he assumes, would evaluate that sound study, involving discussions with the gas company. There would be proposals as part of that study as to how to mitigate the sound levels then identified, and how the notification, if necessary, would take place. Those answers are answers that would be developed prior to the issuance of any building permits, and would be a part of the subdivision map that would come to the city for approval. Mayor Connors then asked Mr. Edson if there is a problem from the gas company relative to what Mr. Taylor has just said. Mr. Edson stated there is really no problem as long as it is understood and agreed that no clearance letters will be given for Page 10 Beaumont City Council February 25, 1991 the tracts when they develop, until an amended right - of -way is signed by both companies. At that point, the gas company will feel secure that Deutsch understands, and the gas company understands, what exactly is going to be placed in the easements, around the easements, and what facilities will be relocated into where. Questions were asked of Mr. Edson and Mr. Taylor by Council, with the City Manager also providing additional information. No action was needed on this agenda item: 7. Consider the Adoptic Following Specific Deutsch and Kirkwood The City Manager recommendation for required by law. in of a Mitigation Monitoring Program for the Plans and Environmental Impact Reports: Ranch. presented his staff report, with a approval of these monitoring programs, as Motion by Council Member MacNeilage, second by Council Member McLaughlin, to adopt the Mitigation Monitoring Programs for the Specific Plans and Environmental Impact Reports for Deutsch and Kirkwood Ranch. AYES: Council Member Leja, McLaughlin, MacNeilage, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 8. Consideration of Proposal from Kenneth I. Mullen, Consulting Engineers, Inc., to Provide Professional Engineering Services for Design of Phase I Water Facilities and Authorize the Mayor to Execute Agreements for Same. The staff report was given by the City Manager, giving background information on this proposal, with a recommendation for approval. A copy of this staff report is a matter of record in the Clerk's file. There were no questions from the Council, however, several questions were asked by Barbara Voight, a resident of Cherry Valley, which were answered by the City Manager. Motion by Council. Member McLaughlin, second by Council Member MacNeilage, to approve the agreement with Kenneth I. Mullen, Consulting Engineers, Inc. for the design of Phase I Water Facilities in the amount of $1,504,700, and authorize the Mayor to execute the Agreement. AYES: Council Member Leja, McLaughlin, MacNeilage, 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 February 11, 1991. b. Acceptance of Minutes of Regular Planning Commission Meeting of January 22, 1991. Page 11 Beaumont City Council February 25, 1991 c. Approval of Warrants as Audited per Warrant List of February 25, 1991, in the amount of $124,037.66; and Payroll of February 14, 1991, in the amount of $68,824.45. d. Authorize a Contract Amendment with Culbertson, Adams & Associates to Read as Follows: General Plan $61,020.00; Program EIR $76,000.00 and LAFCO Application $1,980.00. e. Request from Rotary Club for Fee Exempt Permit to Sponsor the Carson and Barnes Circus in Beaumont. f. Report of Planning Commission Action at Regular Meeting of February 19, 1991. Motion by Council Member Leja, second by Council Member Parrott, to adopt the Consent Calendar as presented. AYES: Council Member Leja, McLaughlin, MacNeilage, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 11. Recess to Closed Session Pursuant to Government Code Section 54957 for the purpose of evaluation of performance of a specific public employee. The meeting was recessed to closed session at 9:19 P.M. The meeting was reconvened to regular session at 10:55 P.M. Let the record show no action was taken in closed session. Council Member Leja requested that a study session be scheduled for Saturday, March 9, 1991, at 9:00 a.m., for the purpose of discussion of priorities of the City Council. There was a consensus of the Council to hold this study session as requested on March 9, 1991, at 9:00 a.m., in the City Council Chambers. Date Set for Next Regular Council Meeting, Monday, March 11, 1991, at 7:00 p.m., in the City Council Chambers. There being no further business to come before the Council, the meeting was adjourned at 10:57 P.M. Respectfully submitted, ty Cler Page 12 BEAUMONT CITY COUNCIL MINUTES OF FEBRUARY 11, 1991 The Beaumont City Council met 11, 1991, at 7:00 P.M., in Connors presiding. On roll call the following McLaughlin, MacNeilage, Parro The invocation was given by of Allegiance to the flag. in a Regular Meeting on Monday, February the City Council Chambers, with Mayor Council Members were present: Leja, tt and Mayor Connors. Mayor Connors, who then led the Pledge 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 A request was received from the City Attorney to add a closed session to this agenda pursuant to Government Code Section 54946.9(a) regarding pending litigation. There being no objections from the Council, a closed session was added as Item No. 7. 3. ORAL COMMUNICATION: There was no one requesting to speak during oral communication. PUBLIC HEARINGS - 7:00 P.M. 4. REQUEST FOR PUBLIC INPUT FOR UTILIZATION OF 17TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS. The City Manager indicated it is anticipated at this time that approximately $55,000.00 will be received as the City's 91 -92 fiscal year community development block grant fund program. He then called attention to two requests which have been received, one from Alternatives to Domestic Violence, a county program, and one from Mr. L. W. May, of May Motors. The only other contact made was from the Beaumont Historical Society, and it was indicated to them their request would not meet the guidelines that are required to be used for these funds. The public hearing was opened at 7:06 P.M. There was no response to Mayor Connors' request for anyone wishing to speak on the use of community development block grant funds. The public hearing was closed at 7:07 P.M. a. Discussion Relative to Proposed Projects for use of 17th Year CDBG funds. Mayor Connors opened discussion with Council Member McLaughlin. Council Member McLaughlin stated he felt the D.A.R.E. program would be a very worthy use of these funds, and other than that he had no other programs to suggest at this time. Council Member MacNeilage concurred with Mr. McLaughlin in using the portion available for the D.A.R.E. program, and was hoping for suggestions from the public. Page 1 Beaumont City Council February 11, 1991 Council Member Leja said she was very disappointed no public input was received on the use of these funds. Since no input was received, she felt both the D.A.R.E. program and the domestic violence program are excellent programs, and asked if anyone from the domestic violence organization was present. The City Manager advised he told them they could speak tonight, but apparently no one is present. Mrs. Leja then asked if we had any percentages regarding Beaumont's participation in this program, or if Chief Funston knows how much service is provided to Beaumont. Chief Funston indicated the police department has used the service often, especially in the middle of the night when it is hard to find someplace to take the ladies or gentlemen as the case may be, and he has been very pleased with their service. Council Member Leja asked if the City has everything needed for the renovation of the multi - purpose room at this time, with the City. Manager answering there are always things which could be added to the multi - purpose room such as additional lighting, replacing the acoustical carpeting on the walls, possibly acoustical baffles to give better acoustics, etc. Council Member Leja then suggested the possibility of initiating a job training program for low and moderate income people, using this grant money to get it started. Industries considering locating in the area prefer that a program such as this is in place to assure an available work force. Economic indicators show it is more computers and high tech, and this is the field the city might emphasize. By starting a program such as this, the City could then apply for corporate grants to match these funds. She felt this would be a good direction for the City to take. Council Member Parrott agreed with Mrs. Leja that it is very important to have people trained for industries who might come into the area. He also supported the request from the domestic violence group, as he feels it is a very important service and of assistance to our police department. Mayor Connors questioned Mr. Bounds' comment in his memo relative to the possibility of a problem of the PASSNET officer qualifying for this funding. Mr. Bounds replied that the reason he did not pursue this question was that since only 15% of the funding can be used for public safety, it would be better to use the entire 15% for the D.A.R.E. officer, rather than trying to confuse the issue by breaking it down between the two programs. It is his recommendation the 15% be used for the D.A.R.E. program. Mayor Connors then brought up the request from Alternatives to Domestic Violence, stating she knows we have funded it in the past, but she does not recall why we stopped. She does remember that Beaumont was not being served, but now she is hearing that we are being served. Information she received previously, from citizens in the community, was it was very difficult to get help through this organization because they could not handle enough people, and enough people from Beaumont were not being served. This raised the question in her mind that if the PASSNET officer would not qualify because it is not totally Beaumont, then she wondered why this one would qualify since it also is not only Beaumont, and there is the question of whether Beaumont is being served or not. The City Manager was requested to obtain information from this organization showing how much service has been provided to the City of Beaumont. Mayor Connors asked if there was sufficient time to obtain information concerning the jobs program, with the City Manager stating there would be, however, he felt certain we would have to Page 2 5. Beaumont City Council February 11, 1991 have a class in line this year starting probably in October or November, and whatever this funding would not pay for, the City would have to pick up. Discussion followed concerning the ways and means of initiating a program such as this, with the indication this type of program could be researched for several months, putting a whole program together and possibly making it a part of our economic development activity which would be funded with block grant funds, and not just funded every once in a while. If a good program can be put together paperwise, it will show the City means business, and will continue with it. The groundwork could be laid in preparation for applying for funding next year. Mayor Connors referred to Mr. May's letter, asking if the street lights were the responsibility of Edison, with the City Manager replying that a portion of Sixth Street lights belong to the City, and we are responsible for maintaining them. There is a pole down right now waiting for a part for it, but these funds cannot be used for maintenance of existing equipment. The same is true of the surface of Sixth Street included in Mr. May's letter. This is also maintenance and would be taken care of with gas tax funds. Mayor Connors then asked exactly what the historical society had requested, with the City Manager stating they need seed money to start the work they want to do in the City, especially looking at certain older buildings that may not meet earthquake standards, and this money cannot be used for this purpose. In answering questions from Council Member McLaughlin, the City Manager brought up the possibility of placing new playground equipment in Rangel Park with a portion of this CDBG funding, which would be a very good program. The restrooms at Rangel Park probably also need renovating. A summary of those programs to be considered would be 1) funding for the D.A.R.E. officer, 2) playground equipment for Rangel Park, as well as renovation of the restrooms, 3) further consideration of the request from Domestic Violence after statistics regarding how many people in Beaumont have been served, and how much was spent on the people in Beaumont, have been obtained, and 4) additional upgrading of the multi - purpose room. Referring to the request from Domestic Violence, Mayor Connors emphasized that basically this is the type of program everyone wants to support, however, this money should be used in the best way possible for this city, so this information should be reviewed prior to approving any funding. Council Member McLaughlin indicated he would like staff input regarding any possible programs they may be aware of. Council Member Leja asked what the status of the job training program is, with the City Manager stating he will talk with the school superintendent about the ROPA program and look into various ways to initiate a program, for consideration next year. b. Determination of Use of 17th Year Community Development Block Grant Funds, and Authorization to Submit Application to Economic Development Agency. It was the consensus of the Council to continue this agenda item to the next regular meeting on February 25, 1991, with direction to staff to bring back an application for approval. Request from Munawar Ahmad Chaudhry for Business License to Operate Sahara Market at 985 Beaumont Avenue. Chief Funston requested a continuance of this agenda item to enable him to meet with the applicant for the purpose of obtaining answers to a number of questions he has, specifically that there is no Barakat money involved in funding this purchase. Page 3 Beaumont City Council February 11, 1991 The applicant was present, and was requested to contact Chief Funston to arrange a meeting. The City Attorney asked that he be allowed to indicate to Mr. Chaundry that while this is not in any way a criminal investigation, the reason the police are involved is because of the difficulties which were encountered with Mr. Barakat in his operation, and therefore there is extra scrutiny to be sure he is not involved in any way, shape or form, and hopefully not repeat the kinds of problems which were incurred previously. His one concern when an investigation like this is going on, is that the applicant understand the results of this investigation will be reported to the Council, and they will make a decision determining the applicant's right to operate the business or not, which is within their power in terms of the issuing of the business license. Since this is an important right, and could effect the applicant's livelihood in the transaction that is going on, the applicant should recognize he does have the right to have legal representation to assist him if that is necessary, and also be present with him in terms of answering Chief Funston's questions. - He emphasized this is not intended to blow this out of prospective, but merely so that the applicant does understand that this legislative body will be making decisions that will effect his right to operate or not operate this business in the City of Beaumont. The applicant did not fully comprehend the City Attorney's statements, so the City Attorney rephrased his statement to the effect there have been problems with the previous operation of the market, therefore, the City is very concerned to eliminate those problems, and also specifically there is a court order that Mr. Barakat is not to be operating the market and there is no connection between the applicant and Mr. Barakat. That is the purpose of this investigation. The Chief of Police will be asking the applicant questions when he meets with him. The applicant has the right to have an attorney because the result of this investigation, how the applicant answers, will be reported to the Council. The Council has the right to say the applicant cannot operate in the City, or to say the applicant can operate, so it is important to the applicant, it is going to effect what he can and cannot do, therefore, the applicant has the right to have an attorney to help guide him through the process. The City Attorney stated further he is also particularly concerned, since the applicant did not understand him, that the applicant may want someone present to help him understand the questions, because it is important to the applicant, and it is important to the City that it be done right. The City Manager called attention to the fact the City had an application for this business previously, and it showed a great deal more money being expended for the business, and Mr. Barakat had indicated that he refused to sell to the other gentleman because he had a better offer from the present applicant, and everything shown in this application does not add up to the amount the previous applicant was going to pay, and this is what th.e Council needs to know - does the City still have Mr. Barakat involved someplace. It was also brought out by the City Attorney that the previous applicant had an escrow opened which gave all the specific information regard the purchase, and nothing like that has been submitted with the application. This agenda item was continued to the regular meeting of February 25, 1991 to allow Chief Funston to meet with the applicant and bring a report back to the Council. 6. CONSENT CALENDAR - All Items Listed Under the Consent Calendar are considered to be routine by the City Council and will be Page 4 Beaumont City Council February 11, 1991 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 28, 1991. b. Approval of Warrants as Audited per Warrant List of February 11, 1991, in the amount of $307,541.32; and Payroll of January 31, 1991, in the amount of $70,299.24. c. Consideration of Proposals from STA, Inc. to Provide Mitigation Monitoring Programs for Deutsch Specific Plan EIR and Kirkwood Ranch Specific Plan EIR, and Authorization for Mayor to Execute Agreements for Same. d. Declaring Certain City Vehicles and Equipment Surplus, and Authorizing Disposal of said Vehicles and Equipment by Auction or Other Means. Motion by Council Member Leja, second by Council Member Parrott, to adopt the consent calendar as presented, with the signature block on Item No. C corrected to reflect signature by the Mayor. AYES: Council Member Leja, McLaughlin, MacNeilage, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 7. Recess to Closed Session. The meeting was recessed to closed session at 8:11 p.m., 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 City of Beaumont vs Bowie, Riverside Superior Court Case No. 200647. This item has been added to the agenda pursuant to Government Code Section 54954.2(b) as the need to take action arose after the agenda was posted. For the record, the City Attorney advised he received information of an urgent nature on this particular case late Friday afternoon in the mail, and it was too late to post the item to the agenda, and because there are things that need to be done relative to the case, he needed comment and input from the Council, for that reason he has used this rarely used section to add this closed session to the agenda. The meeting was reconvened to regular session at 9:06 P.M. Let the record show no action was taken in closed session. Date Set for Next Regular Council Meeting, Monday, February 25, 1991, 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 9:07 P.M. Respgctfully submitted, Robert J. Bounds, City Clerk Page 5 BEAUMONT CITY COUNCIL MINUTES OF JANUARY 28, 1991 The Beaumont City Council met in a Regular Meeting on Monday, January 28, 1991, 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, MacNeilage, Parrott and Mayor Connors. 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. ORDINANCE NO. 692 - SECOND READING - Repealing Section T7.40.325(8) of the Beaumont Municipal Code and Adding Section 17.40.325(8) to the Beaumont Municipal Code Dealing with Outdoor Merchandise Displays. a. Motion to Read Ordinance No. 692 by title only. Motion by Council Member Leja, second by Council Member McLaughlin, to read Ordinance No. 692 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. b. Motion to Adopt Ordinance No. 692 at its second reading. Motion by Council Member Leja, second by Council Member Mclaughlin, to adopt Ordinance No. 692 at its second reading. AYES: Council Member Leja, McLaughlin, MacNeilage, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 5. ORDINANCE NO. 693 - SECOND READING - Prezoning 1,162 acres from Riverside County A -1 (Light Agriculture) to City Specific Planning Area (SPA 4.1 dwelling units per acre), (90- RZ -8). Applicant: Deutsch Corporation. (89- ANX- 1 -48). Location: Bounded by Brookside Avenue to the north, Highland Springs Avenue to the east, 8th Street to the south, and Cherry Avenue to the west. Motion to read Ordinance No. 693 by title only. Beaumont City Council January 28, 1991 Motion by Council Member Leja, second by Council Member McNeilage, to read Ordinance No. 693 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. 693 at its second reading. Motion by Council Member Leja, second by Council Member McNeilage, to adopt Ordinance No. 693 at its second reading. AYES: Council Member Leja, McLaughlin, MacNeilage, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 6. ORDINANCE NO. 695 - SECOND READING - Adding Chapter 15.42 to the Beaumont Municipal Code Dealing with Earthquake Hazard Reduction in Existing Unreinforced Masonry Bearing Wall Buildings. Motion to Read Ordinance No. 695 by title only. Motion by Council Member Leja, second by Council Member McLaughlin, to read Ordinance No. 695 by title only. AYES: Council Member Leja, McLaughlin, MacNeilage, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. Motion to adopt Ordinance No. 695 at its second reading. Motion by Council Member Leja, second by Council Member Parrott, to adopt Ordinance No. 695 at its second reading. AYES: Council Member Leja, McLaughlin, MacNeilage, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 7. RESOLUTION NO. 1991 -07 - Pursuant to Chapter 10.04 of the Municipal Code of Beaumont, Prescribing Intersection Stop Signs at 10th Street and Palm Avenue, to Expedite Traffic Flow and Traffic Safety. Mr. Bounds called attention to a letter from Pastor Robert Wood requesting a continuance of this item to allow him the opportunity to address the council at the next meeting, since he had not been able to meet with personnel from the City regarding the placement of the stop sign. Mayor Connors indicated she did not recall that City personnel were to meet with him, with Council Member McLaughlin asking what authority Mr. Wood would have to say where it goes when you have to put it in a certain location legally. Council Member McNeilage said his understanding was the item was to be brought back to the Council tonight, with the City Manager concurring that was also what he understood. The City Manager's report indicated that Hector Aguirre had checked the property at 10th Street and Palm Avenue on the northwest corner, and found there is ample room to install a stop sign. The installation would be according to law and wouldn't damage the elm tree in the street right -of -way. Page 2 Beaumont City Council January 28, 1991 All council members indicated they had inspected the site themselves, and agreed there appeared to be no problem in installing the stop sign at this location. Motion by Council Member McLaughlin, second by Council Member McNeilage to adopt Resolution No. 1991 -07. AYES: Council Member Leja, McLaughlin, MacNeilage and Mayor Connors. NOES: None. ABSTAIN: Council Member Parrott. ABSENT: None. 8. Consideration of Approval of Proposals to Provide Professional Engineering Services for 1) Master Plan of Water Facilities and 2) for Water Resources Management Plan, and Authorization for Mayor to Execute the Agreements. The City Manager presented information concerning these two proposals. His report is a matter of record in the Clerk's file. Mayor Connors pointed out typographical errors in both proposals, which will be corrected. Motion by Council Member McLaughlin, second by Council Member Parrott, to approve the proposals of Kenneth I. Mullen, Consulting Engineers, Inc., the Master Plan at $56,150.00 and the Resources Management Plan at $196,924.00, to be paid from Account No. 4250 - 4060 -5053, and authorize the Mayor to execute agreements for same. AYES: Council Member Leja, McLaughlin, MacNeilage, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 9. Discussion Relative to 17th Year Community Development Block Grant Projects. The City Manager explained the CDBG process and the types of projects that could possibly be proposed. Discussion followed regarding possible projects including flood control and the elimination of blight and slums in a particular area, and whether or not they would be qualified. Insofar as slums or blight is concerned, the City Manager pointed out these types of projects would require more money than we would receive through CDBG, and were better handled through a redevelopment agency. Council Member Leja brought forward the fact that larger cities receive more money than a city of this size, and are able to apply this funding to this type of project, where the City of Beaumont is limited because there just isn't enough money to do it. Council Member Leja then asked how public input could be encouraged, with the City Manager stating this can be done through public notice and articles in the newspapers. The City Manager clarified for Council Member McNeilage that it has been his experience the maximum number of citizens with input has been six, and those are usually organizations who want the money to take outside the city. It is very difficult to talk the community into coming down and helping plan. The City Manager asked the Council Members to submit their suggestions to his office prior to the next council meeting to give him the opportunity to obtain an idea of what the costs would be. Page 3 Beaumont City Council January 28, 1991 Mayor Connors requested assurance that this money could be used to make up a portion of the cost of the DARE officer, with the City Manager confirming this was possible, and that he also believed we could get the same amount of money for one of the drug officers, and he will find out if this is correct. There was no further discussion. 10. CONSENT CALENDAR - All Items Listed Under the Consent Calendar are considered to be routine by the City Council and will be approved on one motion. There will be no separate discussion of these items unless a Council Member. or Citizen so requests, in which case the item will be removed from the Consent Calendar and considered as a separate item. a. Approval of Minutes of Regular Council Meeting of January 14, 1991. b. Acceptance of Minutes of Regular Planning Commission Meeting of December 18, 1990. c. Approval of Warrants as Audited per Warrant List of January 14, 1991, in the amount of $112,257.73; and Payroll of January 17, 1991, in the amount of $71,354.12. d. 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. e. Report of Planning Commission Action at Meeting of January 22, 1991. Motion by Council Member Parrott, second by Council Member Leja, to adopt the consent calendar as presented. AYES: Council Member Leja, and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. McLaughlin, MacNeilage, Parrott Date set for next regular Council Meeting, Monday, February 11, 1991, 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 7:48 P.M. ectfully submitted, tit- uty City Clerk Page 4 BEAUMONT CITY COUNCIL MINUTES OF JANUARY 14, 1991 The Beaumont City Council met in a Regular Meeting on Monday, January 14, 1991, at 7:02 P.M., in the City Council Chambers, with Mayor Connors presiding. On roll call the following Council Members were present: Leja, McLaughlin, MacNeilage, 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 TRACT MAP 23491. (88- TM -2). Applicant: Darrel W. Coffman. Formerly Ronald Hemsley . Location: Northeast corner of Cougar Way and Sunnyslope. A request for a one year extension of a proposed eleven lot single family subdivision tract map. Stephen Koules, Director of Community Development, presented the staff report on this project, with a recommendation from the Planning Commission to approve a one year extension of the tract map, with the revised conditions of approval. The public hearing was opened at 7:06 P.M. No one requested to speak either in favor of, opposition to, or at all on this matter. The public hearing was closed at 7:07 P.M. a. Consideration of Approval of a one year extension for Tentative Tract Map 23491 (88- 1-M -2), subject to the revised conditions of approval as presented. Motion by Council Member Parrott, Second by Council Member Leja, to approve a one year extension for Tentative Tract Map 23491 (88- TM-2), subject to the revised conditions of approval as presented. AYES: Council Member Leja, McLaughlin, MacNeilage, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 5. ORDINANCE NO. 692 - FIRST READING - Repealing Section 17.40.325(8) of the Beaumont Municipal Code and Adding Section 17.40.325(8) to the Beaumont Municipal Code Dealing with Outdoor Merchandise Displays. A staff report was received from Community Development Director Page 1 Beaumont City Council January 14, 1991 Koules, with a recommendation from the Planning Commission for approval of the amendment to the Beaumont Municipal Code. The public hearing was opened at 7:11 P.M. There was no one requesting to speak regarding this matter. The public hearing was closed at 7:12 P.M. a. Motion to Read Ordinance No. 692 by title only. Motion by Council Member McLaughlin, second by Council Member Parrott, to read Ordinance No. 692 by title only. AYES: Council Member Leja, and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. McLaughlin, MacNeilage, Parrott The ordinance was read by title only by the deputy city clerk. Mayor Connors questioned what impact this amendment would have on existing businesses, with Mr. Koules indicating with this amendment you would not have outdoor display as a right, but rather only upon review. She also questioned having case by case reviews, with both Mr. Koules and the City Manager stating these would be reviewed based on location and type of business. b. Motion to Approve Ordinance No. 692 at its first reading. Motion by Council Member McLaughlin, second by Council Member Leja, to approve Ordinance No. 692 at its first reading. AYES: Council Member Leja, McLaughlin, MacNeilage, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 6. PROPOSED PRE - ANNEXATION CHANGE OF ZONE 90 -RZ -8, SPECIFIC PLAN SP -89 -1 and ENVIRONMENTAL IMPACT REPORT EIR -90 -2. Applicant: Deutsch Corporation. Location: Bounded by Brookside Avenue to the north, Highland Springs Avenue to the east, 8th Street to the south, and Cherry Avenue to the west. A proposed Pre - annexation zone change on 1,162 acres from Riverside County A -1 (Light Agriculture) to City Specific Planning Area (SPA 4.1 dwelling units per acre), (89- ANX- 1 -48); the proposed adoption of a Specific Plan on 1,162 acres for a residential community of 1,968 single family dwelling units, 2,208 patio homes and 540 townhomes /condos, for a total of 4,716 units, six schools, one library, one fire station, 15 acres of commercial and 65 acres of parks /trails. (SP- 89 -1); and certification that the final environmental impact report has been completed in compliance with the California Environmental Quality Act (CEQA) (EIR- 90 -2). Stephen Koules presented the staff report concerning this project, with a recommendation for approval by unanimous vote of the Planning Commission. The public hearing was opened at 7:23 P.M. Mr. Jim Taylor, representing the Deutsch Corporation: We have been in the planning process for this acreage for a little over a year, and as Mr. Koules has said, we have had significant opportunities to work with your staff in making sure that our plan conforms with master plans and guidelines of the city. I am just going to take a few minutes to highlight some of the key Page 2 Beaumont City Council January 14, 1991 ingredients that we feel are associated with our plan, and to also indicate to you how our plan dovetails into master plan systems that we know that the city has. We have three types of housing included in the plan. The single family detached, the patio homes. These are shown on the exhibit to the far right hand side on the wall, which indicates how these types of developments would occur on individual lots. These are all single family detached homes on lots ranging from 6,000 to a minimum of 7,000 sq.ft. In addition, we have a third category of home, which is the town home or condominium. This constitutes a small portion of the plan, approximately 11 %, whereas almost 90% is in the single family detached on the larger lot. The townhome program is also shown on an exhibit, which is the middle exhibit. All of the product that we are proposing in this plan is for sale housing. There is no rental housing associated with the project. In addition, we have worked with tf providing five elementary school understand, the Council has addressed temporary school site, which is the plan on the far left, which is just also a junior high school site. ie school district, and are sites, one of which, we previously as the site of a site shown on the land use above Cougar Way. We have We have five parks, three neighborhood, a trail park, and one community park, totaling the 65 acres. In addition, we have reflected in our plan the City's master plan for an optimum situation which results in a trail in the Edison easement to link various portions of the City, and that is a part of our plan. We have combined our parks with schools so that the biggest bang for the dollar can be achieved between the park district, be it the City or whomever, as well as the school district. In addition, our circulation element includes the City's desire to realign Cherry Avenue with American Way for a future interchange at the interstate freeway. We have also extended 14th Street and Cougar and achieved the requirements of the City's engineer, and conform with the County's master plan of arterials for the extension of these roads. Because we are proposing a planned community that has a variety of housing, and is self- contained in the terms of schools and parks, we also show a 15 acre commercial site that will serve the commercial needs of the residents of this community. This is a neighborhood community site in which you would see such uses as supermarket, drug store and convenience types of shop, as opposed to the more discretionary types of shopping that one can find on Wilson and on Ramsey. In essence that constitutes the significant portions of our plan. The document that we submitted to support this plan has very comprehensive diagrams relative to landscaping of the arterials all the way from local streets to major arterials as described by Mr. Koules. Tonight we have in attendance the representatives from STA, who prepared the environmental impact report should you have any questions of them. With those remarks, we will make ourselves available to answer any questions you may have during the course of the public hearing, and we thank you very much for the courtesy for allowing us this brief presentation. Mayor Connors: Thank you Mr. Taylor. Does anyone have any questions of Mr. Taylor. Is there anyone else wishing to speak in favor of Item No. 6. Unidentified speaker from the audience: I have a question. Mayor Connors: Would you come to the microphone and give your name and address for the record please. Page 3 Beaumont City Council January 14, 1991 Laura Grunwald: My name is Laura Grunwald, and I live on American, and I just wanted to know what that is going to do to my street because I am raising a family. What does that do to American Avenue if they are going to make it a through -way to the freeway. Mayor Connors: Mr. Bounds, did you want to . . . Mr. Bounds: The Deutsch Company did not present this as their basis for coming to the City, and it being done this way. Pennsylvania Avenue - the City staff has looked at for some time. The fact that we only have a half of an interchange is very detrimental to business that is going to be on 6th that might be able to get their people off, but then send them to some other interchange. With the fact that that is a half interchange, we have looked at, and we have started working through the federal government and the state government to determine where a full interchange could be put on I -10, and where it could actually give birth to a better north /south street, which is going to be needed as we start building to the north of 8th Street in this particular area, and out further as well. So what was derived as the best link that we could find at this time, came to be American Avenue. Mrs. Grunwald: Isn't Highland Springs on -ramps both ways, isn't that more practical. Mr. Bounds: That is only one. That won't be nearly enough. That is like saying Beaumont is going to last forever. Mrs. Grunwald: What does that do to my front yard in simple terms. Mr. Bounds: There is a possibility - well, obviously, right -of- way will have to be purchased on both sides of American if you are talking between 6th and 8th Street in the future. This is nothing that can be done overnight, I will grant you that. Mrs. Grunwald: No, but are we talking within the next three to five years. Mr. Bounds: No. We are talking, probably, ten years. Mrs. Grunwald: Okay. Thank you. Mayor Connors: Is there anyone else wishing to speak in favor of Item No. 6. We have a request to speak in opposition to Item No. 6. Gina Glock. Would you please give your name and address for the record. Gina Glock, 1365 E. 8th Street: I live at 1365 E. 8th Street in Beaumont, where I have been a resident and property owner for seventeen years. I am here to oppose the annexation of Deutsch land. And I am here to also ask for your support in voting no on this resolution. I know that some of the things that come through the City Council are just rubber stamped. And I am here to ask you please do not just rubber stamp this issue. As being a resident of 8th Street, I don't know if you can hear me on this, but I feel that there are three real big problems. First off, for the members of 8th Street it is going to create an island. About eight years ago this land was going to be annexed. The people - the residents of 8th Street that did not want it because they would be an island, opposed it. I realize that you are not asking for the annexation of the residents on 8th Street, but it will directly affect us. And to Mrs. Grunwald, I can say yes, when American is widened - I don't care if it is five years or twenty years - I plan on living here for fifty more years. I do not want to see that happen. I do not see why you can't widen Page 4 Xenia. That is already part of the the swap meet and meet the freeway that are already part of the County. Beaumont City Council January 14, 1991 City and it could go through without affecting residences My next issue is the environmental and safe ability of this annexation. I know that you are probably concerned with the water crisis that the Pass area has, and you know that you are planning on getting water from the State Water Agency. But have you also considered the overage of the 5,000 acre foot that we are already in. If we get the amount of water acreage foot that the State allots us, it is supposed to be enough for 17 to 35,000 homes. But if there is 5,000 homes already in this new area, I cannot see how it is going to take and help the water crisis that is already here. One of the other major factors that I want you to consider is the crime rate here in Beaumont. And if you have recently read the Press - Enterprise, you know that the crime rate has tripled in the last five years. By adding housing to Beaumont in such a great quantity, and at such a rapid pace, you are going to have an influx of crime here. If you have seen the writing in the post office , on the Catholic Church, on the library, and if you have paid any attention to the writings on the wall here in Beaumont, then you know yourself that the crime has increased over the last five years. I am not opposed to growth. I live here now, and I intend to live here, and I know Beaumont has got to grow. But I think annexation of the Deutsch property is going to affect the residences in the County there on 8th Street. There is about 100 people that are registered owners there. And you are going to have to widen 8th Street as wide as Beaumont Avenue. You are going to have to widen American Avenue. That is a family area, where it is going to take - you are going to have to almost change it. If it is going to be like Beaumont Avenue you would want to change the zoning there, and not have just houses, but you would want to have businesses. And I really feel that if you are really concerned - if you really care about Beaumont, sure you are going to want growth, but you are going to want growth to come from within - you don't want to have to have a big influx all of a sudden of 5,000 homes, people coming from without, and all of a sudden it is not going to be called Beaumont. Thank you for your time. Mayor Connors: Do any of the council members have a question for Mrs. Glock. Council Member Leja: I do. Mayor Connors: Mrs. Glock. Council Member Leja: You state - I won't get into a thing about the rubber stamp issue - I take offense to that because if you kept up with the City Council stuff you would realize we have differing votes up here all the time, and it is not a rubber stamp issue here. But, I was concerned that you said it would hurt your present standard of living for the residences on 8th Street. How will it hurt the standard of living. Mrs. Glock: Presently we are in the County, okay. And, because we are in the County most of us are zoned R -3, and that means that we can have - well, we have animals, small animals, rabbits, ducks, chickens, and I know from the city surrounding me that you just aren't able to have even a rooster in the city zoning, even though, like I have two acres where I am at. Another issue is the fact, of course, of the sewer. Twenty years ago, a resident on the corner of 6th Street and American was annexed into the City, with the understanding they would receive sewer. It is twenty years later, and that resident has not received sewer. I cannot see my taxes going up, and having to pay extra money for services I will not be receiving, having to change my mode of life, having people come into the community that don't care about this Page 5 Beaumont City Council January 14, 1991 community. We have to live here and care about it. Your not just hereto make a fast buck, and that is what I think is going to happen when all of that land comes for sale. Council Member Leja: Can I give you just a little bit of thought about some things. The reason that those people don't have sewer, you can blame the Beaumont- Cherry Valley Water District. We are in the process of having our own water treatment plant. . . Mrs. Glock: Can you answer how many homes that will service. I am under the understanding that right now no more sewer permits are even issued in the City of Beaumont because they do not have the facilities. Council Member Leja: That is what we are building . Mrs. Glock: How many homes will it serve. Council Member Leja: That is the problem that we have had with the Beaumont - Cherry Valley Water District, so if you have questions about that you can take that to them. Also. . . Mrs. Glock: Can you tell me how many homes it will service. Council Member Leja: Mr. Bounds probably can. Mrs. Glock: Okay. Council Member Leja: But we do have roosters in the City. I get calls about roosters all the time at my house. Mrs. Glock: Okay, but I am saying it will effect the amount of animals and the type in the zones. Council Member Leja: One more food for thought here. I have a family here too. I am concerned about the quality of life. What about the advantages of having schools near by, parks that your children can play in, organized activities, summer playground programs. It is endless of what a project like this can improve the quality of life - not just for a few residents, but for a whole group of people in the city. Mrs. Glock: Those parks and those schools w -ll service those people that are living on that land. They will not service any of us that live here in the town itself. Council Member Leja: I see people from Cherry Valley at Stewart Park all the time. Mrs. Glock: I just know because I know of the part of the plan for the school district in servicing the community. The walls that will go up, and I probably mentioned this at the Planning Commission. I see it when you see other developments. Walls go up and they are their own private community. Stay out. Look at Sun Lakes over there. You have to go through an attendant and know somebody to get through the gates. It is going to happen in this development here. Sure there will be parks, but they will be private parks. . . Council Member Leja: I didn't see any private parks here Sir, are there any private parks. . . Mrs. Glock: 65 acres it was mentioned at the Planning Commission . . . Mayor Connors: Mrs. Glock, you can't both speak at the same time. Mrs. Glock: Okay. At the Planning Commission it was mentioned there is 65 acres of parks, but the park goes through - the public park goes through the facility. It was mentioned the other parks are for private use. And they should be opened up to the whole public. Page 6 Beaumont City Council January 14, 1991 City Manager: The mention was made by Mr. Taylor of five schools. And he also mentioned that to get the best bang for the buck that every school will have a park with it. Those are not locked gates at those parks. None of them are locked gates, and there are no locked roads or gates in this whole project. It is really hard for a developer to try to prove something to some one if they won't come in and look at the plans that we have for them to look at. Council Member Leja: Also, you might want to look at the parks and open space policy that we have adopted. It is connecting the parks throughout the city for the enjoyment of every citizen in the area. City Manager: Not just residents of these developments. Council Member Leja: Not just residents -- we have people from Cherry Valley that use Stewart Park all the time and enjoy it. We have - you know - we are a community. Mrs. Glock: That is a public park. Council Member Leja: These are public parks. City Manager: They are county people though. Mrs. Glock: Parks that are on school grounds are usually locked for the rate of crime. Council Member Leja: I guess you didn't hear what Mr. Bounds said, but we won't get into a debate. . . . . Mrs. Glock: He said they were not going to be locked, but . . . Council Member Leja: We have parks across from the school right behind here that they aren't locked. Mrs. Glock: To me the parks is not the issue, it is the whole development of the area in such a fast rate. I am sure that LAFCO will be concerned that you are trying to create an island, which is against LAFCO ruling. Council Member Leja: Simply the reason I brought this up is I think it will improve your quality of life instead of hinder it. Mrs. Glock: Thank you, I realize you have a different quality of life than I have. Mayor Connors: Excuse me, Mrs. Glock, I have some comment and questions for you to, but we won't be able to continue if you are going to insult the Council. Mrs. Glock: I am sorry if you are insulted, Mrs. Leja, but we have a different quality of life. Mayor Connors: Is there anyone else that wishes to say anything here. Mr. Bounds. City Manager: I would just like to discuss the fact that you keep talking about you are in the County, you don't want to be in the City, and no one in this annexation has even asked you to be a part of the City. We. . . Mrs. Glock: No, but it will come to that. I have lived here long enough to know it will come to that. City Manager: May I talk now, and you talk after, please. I would appreciate that. This city will not change your zoning in your area. We will not ask you to come to the city and be a part of the city unless you desire to be. This council has not gone out and asked us to draw people in and make them join the city in Page 7 Beaumont City Council January 14, 1991 any way, shape or form. The animals that you have there, you will still be under county control. Mrs. Glock: Can I ask then, how can you widen 8th Street and American that is part of our land, and part of the county. If you, if - - how are you going to do this widening if you don't use our land. City Manager: Did anyone say it was going to be widened in a year. Didn't I say probably ten years. Mrs. Glock: I don't care if it is fifty years, I am going to be there. City Manager: Okay, there is a way that any government, city, county or otherwise, may condemn property for the betterment of other people. Mrs. Glock: Yeah, I realize that - yes. City Manager: I am sorry, that is the way you build streets. Mrs. Glock: I know you have the right to take it. City Manager: No - don't take it - you pay dearly for it. Mrs. Glock: You pay the price that you want to pay - but. City Manager: Well, I am sorry that I can't discuss it on an even tone because you have got your own mind made up. . . Mrs. GIock: Well, I just don't realize why Xenia wasn't even considered because it is already . . . City Manager: It was considered ma'am. We spent many hours on this whole project. Mrs. Glock: Because it doesn't effect anything that is already in the town - that is part of the city. City Manager: Yes it would -- that is your opinion. Mrs. Glock: Isn't it already part of the city, and it could go right through the swap meet. Council Member McLaughlin: You do have residential homes on Xenia, so if your speaking strictly . . . Mrs. Glock: One or two . . . Council Member McLaughlin: Well, it doesn't matter, you still have. you could be the only one that is against it. Mrs. Glock: Well, Mrs. Grunwald, I know, lives right there on the street. And I know three other residences right there on 8th Street that couldn't be here that it will directly affect their property. Council Member McLaughlin: Improve it. Mrs. Glock: No - they will lose it. Council Member MacNeilage: Wasn't it said there wouldn't be enough room for on or off -ramps from Xenia for the freeway. City Manager: That is right. The federal government will not allow it that close to Highland Springs Road. Mrs. Glock: That close to what? Page 8 Beaumont City Council January 14, 1991 City Manager: Highland Springs Road. It is too close to Highland Springs Road, and they have a very direct disclaimer over allowing anything that close together. So, we cannot put it there, and that is one of the things I was going to tell you, but you didn't want to listen, I don't think. Mrs. Glock: Well, I don't understand - I do understand now, it is too close to Highland and Pennsylania is too close to Beaumont, and American is right in the middle. City Manager: Mayor Connors: growth, but you is slow growth slow growth to That is about it. Mrs. Glock, you were opposed to and rapid growth. you, and how many said that you were not opposed to rapid growth. What rate of speed How many people a year would be rapid growth. Mrs. Glock: 500 a year would be slow growth, and it would come from within. People moving in and buying houses that are already here in the community. Rapid growth is 45,000 homes and all of a sudden in ten years we are going to have as many people as already live here in Beaumont. And we are going to have more new schools, and it is not going to be a gradual growth, and with the rapid growth, as you know from Moreno Valley, you get all of the crime. And I think . . . Mayor Connors: If the growth is going to come from within, where are the 500 people going to come from. Mrs. Glock: From families that already live here. My children care about Beaumont. They thought of living here. And when my eight year old daughter is in tears because of the trees being cut down at the end of 14th Street and Cherry Avenue, and she is worried about all of the housing going up. Why mom can't they put up things to help the animals. And when my children consider leaving their home, and my own husband where he lived for forty years, I consider it crucial, and I consider it important - and so my children probably won't live in this town, even though I want them to. I want to create a home for them so that there will be tradition in the town. But I foresee the children - our future - leaving this community because they aren't happy with it. And not because of that reason. Mayor Connors: Well, what you seem to be doing here is taking what we are doing, and changing it into what your prediction is for the future. And whatever you predict for the future is the way it is going to be. And we can't vote that way. Mrs. Glock: But that is the way . . . Mayor Connors: I would like to know where you got your statistics on the water crisis. Mrs. Glock: I have a newspaper article from the Press - Enterprise from about a year ago. I clip these all the time, and it tells about the State water project coming in and it would serve 17,000 to 35,000 homes for the Pass area, but not specifically just for Beaumont. Mayor Connors: That is what I wanted to know. That is what I wanted to know. And I woul d 1 i ke to cauti on you not to bel i eve everything you read in the paper. That is a side subject though. Are there any other questions. All right, thank you. Is there anyone else wishing to speak in opposition to Item No. 6. Anyone else wishing to speak in opposition to Item No. 6. Anyone else wishing to speak at all on Item No. 6. Please state your name and address for the record please. Dean Lowe: I live at 11167 Cherry Avenue in Cherry Valley. Right across the street. And they said they were going to realign Page 9 Beaumont City Council January 14, 1991 Cherry Avenue, and I am wondering what they mean by realignment. Are they going to widen the street, or are they going to take down my nice big pine tree out in front, or are they going to use the Deutsch property on the other side for the widening of the street, or are they going to put in another street and abandon that one, or what. Mayor Connors: Okay, do you want to answer that, or Mr. Taylor, or who? City Manager: When development is created within an area, if you have a two lane road at the time and need four lanes, if that is the case, or additional space for parking, or whatever the case might be - the rule of thumb is always use half on each side. In other words, you own a half and somebody else owns a half, and you say, okay, what am I going to do. Well, obviously, if you are not going to improve your property than you won't be putting your half in. We will be required, then, to have a three lane street, probably, or a tight four lane with no parking on it in that particular area. What we have looked at is north of that property, the right -of -way is already wide enough for four lanes. The County had planned that, apparently, years ago. So what we did, we looked at the ability to provide a better way for those people who live in that area, Cherry Valley and yourself, to try to be able to get you in a north /south direction without -- and the way it is now, going down Cherry, turning on 14th, back down Pennsylvania, Pennsylvania being narrower again and difficult to create a four -lane on. Then getting to the freeway, and if you go the right way your okay, if not, why you are going to have to go to some other interchange. So in looking at that we selected Cherry because of, already in the County the right -of -way is there. It provides a good north /south street. Which I can tell you that CalTrans works with the cities all the time, and County. We work with County road planners when we work with things like this, and they have views of this all the time and give us suggestions. And we, in this particular case, did work with the County planner, and he certainly thought that we were using the proper motivation to get traffic north and south, so that is the reason we arrived at Cherry. None of the other streets have anything near the width as we go further north. This property will provide at least half of what is going to be needed in the future, and we will have to determine at the time we get down to actual plans and specs to exactly what we need. I don't see us corning over on your side of the property, if that is what you desire, for quite a period of time, really. Mr. Lowe: Thank you. During the holidays they were plowing the tumbleweeds back and forth, and I don't really have anything against houses over there to stop the tumbleweeds. I mean, it was something else. But I was wondering how they were going to do that, and if they had plans, because right now we do have quite a bit of traffic during the school period, with the high school and that there, and by adding another school almost, it isn't quite across the street from the piece of property, the acre we have there, I was just wondering if they were going to do that. City Manager: I think you will find a much better street in front of your house prior to houses being built across the street from you. Mr. Lowe: Thank you very much. City Manager: We will be looking at working on phases to try to work where we can get more people through the city quicker, rather than work all through the interior all the time. Mr. Lowe: I'll buy that. Page 10 Beaumont City Council January 14, 1991 Mayor Connors: Is there anyone else who wishes to speak on Item No. 6. Yes, please state your name and address for the record. Robert Wood, 1001 Palm Avenue: I also am the pastor of the Beaumont Presbyterian Church, and I have a question for Mr. Taylor. The question is in this site plan was there ever a consideration given to designating property for church usage. Mayor Connors: Mr. Taylor. Mr. Taylor: All the residential areas allow churches subject to a conditional use permit. We have not designated any particular site. We would leave it up to the churches to approach the property owner to determine where in the plan they want to be. But they are an allowed use everywhere in the plan. Mr. Wood: Thank you. Mayor Connors: Is there anyone else who wishes to speak on Item No. 6. Yes sir. Please state your name and address for the record. Howard Hessler, 1230 Pennsylvania Avenue: One of the questions I have is this seems like a nice, neat area that we have. Are we going to have another walled area. Like I am talking about on 14th. You know they put walls around it. Are we going to try to incorporate this into the city so it doesn't look like a separate community. It seems like this is the going thing today, that we wall things in, and they are their own separate community. Mayor Connors: It is usually backyards along behind the walls, in most cases. Mr. Hessler: No, I mean, you drive along and you look at the walled areas, and they kind of look like little separate communities, and I don't really think this is what we are looking for. We would like to -- the back of my property goes on to Cherry Avenue. Now I don't know if I am going to look across the street over a drainage ditch into a wall. Or if we are going to have an open area that feels like the rest of the city is welcome. Mayor Connors: Mr. Bounds, you seem to be ready to say something. City Manager: Usually, when you are putting together a large project like this, the residents who come and speak, speak exactly against what you are saying. They say I don't want to look at those people. I don't want them playing baseball where it will hit my back fence, or whatever. In cases like this particular project, if Cherry does come down, and I believe it is scheduled to come down into the 1200 block, and I think into the 1100 block, if I am not mistaken, along Cherry, I can tell you it will be fenced because that street is going to be too wide to be allowing, and I don't think you will desire to look at that traffic. The walled streets, for instance a good example is what we are doing in what we call North Palm, just for the sake of saying it is north of 14th Street right now, you will see that it is all back -up treatment with the houses. So we have got two walls, one on each side, and try to landscape it. The reason for that is 1) so that people don't have to back into the street like they do on Palm Avenue today, or Beaumont Avenue today, that is really a traffic hazard - very difficult. So cities now, where you have more traffic, or especially four -lane, are all going to back -up treatment to streets of that nature, and have to create a wall that is substantial, otherwise then you get to look at one or two backyards that, if the walls fall down, usually, you know what is going to be inside, and you will have to look at that until we get it back up. So you use more substantial walls, and I do agree, that they do look different - I mean look very much the same, so up on North Palm, what we are trying to do is cut inlets, do various things, put trees, to try to liven up - you know, we got Page 11 Beaumont City Council January 14, 1991 it all planted and what happened - the freeze came and we are going to see pretty quick what we got left. But we intend for that to be a colorful area, and one that will be a little bit more pleasant, but as you are driving along you are not going to worry about a ball coming out in front of you, or a child running out in front of you rapidly. You will be able to see that at a distance. So, yes, it will have some walls around it, but not locked gates, and the walls only for the benefit of those that are driving a little bit faster. Mr. Hessler: My question was that just that sometimes these little communities that you look at, just don't look like they fit in the city, and if we keeping having a bunch of these little ones, it is going to look like we have a bunch of little cities. City Manager: This is not very small here. 1100 acres is not very small. Mr. Hessler: Oh, I know, it is small - but I can see protecting a large street, yes, I can see that. City Manager: That is it basically - you are going to find streets out there that have regular front end approach, the driveways and everything like anybody else, but those wider streets are going to be dealt with differently. Mr. Hessler: Yes, that is what I was just wondering - around the perimeter of it, would it be like a walled city, or would it just be - would there be - you know, okay - I live- the back of property is on Cherry Avenue. Would there be houses facing my property. City Manager: Not in the 1200 block. Mr. Hessler: I mean, because, I am at 1230, I don't know where that would come in, or if it . . . City Manager: If I am not mistaken, we are bringing 11th Street into that curvature at the north tip of the triangle. Mr. Hessler: So that would be a wide street along there. City Manager: Yes, so you wouldn't want to look at it. Mr. Hessler: So- then on the other side, the ditch there would probably be a culvert. City Manager: Covered over. That street may be right on top of that ditch. Mr. Hessler: Okay, thank you. Mayor Connors: I have this theory that I have advanced before, that the phrase decorative block wall is a contradiction in terms. Once you have a block wall, it is a real challenge to make it decorative. Is there anyone else wishing to speak on Item No. 6. Anyone else wishing to speak on Item No. 6. We will close the public hearing. The public hearing was closed at 7:56 P.M. Discussion by the Council was opened by Mayor Connors, with Council Member MacNeilage questioning why there would be five elementary and one junior high, but no additional high school included in this plan. Mr. Taylor replied that is what the school district requested be included in the plan. Mr. Taylor asked to be allowed to clarify for the benefit of the audience that all the parks shown on the plan, 65 acres, are all public parks that will be dedicated to a public agency, and will Page 12 Beaumont City Council January 14, 1991 be available to anyone wishing to use them. The linear park in the Edison easement is a trail system, and the 65 acres of parks are not included in that, but are flat, usable recreation areas, to include a community park which they understand the City is very interested in having with flat areas for muscle sport activities. In addition to the 65 public acres, each separate residential development will have it's own private recreation areas to include pools and tennis facilities. But those are separate and beyond the amount of acreage designated for public parks. Council Member Leja indicated she had no questions, but did have a statement as follows: I feel this plan is an excellent plan, and it would improve the City of Beaumont. With the schools, parks, any psychologist would - when you have schools and parks that children can play in, and grow up well adjusted and be well educated. Then, also, businesses start looking to the area to come into the area because they see a work force, and a work force and a place to live with nice homes, nice parks, good schools, then people stay in the city. It has been proven time and time again, usually people move away when there aren't jobs here and we can't get jobs here until we have a work force that will attract business. So, I wanted to make that statement because I think a lot of times things go hand in hand, and we really don't realize what all connects through - what companies look at when they are moving into an area. And I just think this is a quality project. A lot of time and effort has gone into it. They have worked not only with us, but with the school district, and I believe this is one of those cooperative efforts that cities who did grow too fast - you see, if we had grown too fast, we would have already been splitting our seams, but we have taken a step back and we have looked at what has happened in Moreno Valley. We have looked at what has happened in the other communities, and with open parks and with the schools being included, I can only say this has been a well thought out plan. Council Member Parrott had no questions, but did state it has a good circulation plan, and everything has been taken into consideration including recreation, and he felt this would be a real addition to the city. Council Member McLaughlin called attention to another plus in the plan, and that is the provision for a library. The library board has been looking for a site for another library for some time, and it was commendable that the Deutsch Corporation was willing to offer this library site with very little "arm twisting ". He agreed with the other Council Members that it is an excellent, well thought out plan. Mayor Connors questioned who is supposed to be doing the noise notification for blowdown, how does the city know it has been done, how does the city know when the house is resold that those people will know. Mr. Taylor advised they have had conversations with the gas company relative to that blowdown facility. It is in the City of Banning, and as a part of their plan in Banning they are proposing to relocate the facility on their property, but further away, and do something that is not a part of that facility right now. The facility is not muffled and it is not an enclosed facility. By doing both of those, they will be able to reduce the single event noise level to a point where it is not necessary to notify residents. The noise level will be at an acceptable level. Mayor Connors then asked that acceptable would compare to what, with Mr. Taylor responding that right now it is about 95 dba, and they feel they can reduce it to a point that it is no louder than adjacent traffic when it has been enclosed and muffled, with a dba of probably around 70. Page 13 Beaumont City Council January 14, 1991 Mayor Connors touched briefly on the fact she was not comfortable with the findings regarding animal inhabitants of the land, and then directed her comments to the issue of crime, making the following statement. Crime is caused by more people, but usually when they are cramped together, not just because there are more people, naturally there will be more crime, but as per capita it would not necessarily be so if they are not in a situation where they are going to become upset with each other quite as much like in an apartment building. And we are talking about a project that has a lot of other things in it, like the schools and the parks and the library, and so forth. It isn't good to have a one track mind when you are talking about projects causing crime, and not think about the fact the City is doing other things as well. The city is not just building things. We have a PASSNET team for crime prevention. We have funded a DARE officer for crime prevention in the schools. We will have more police officers when we have projects come in. So you have to judge the projects on their own, and you have to take care of your city in other ways. And you have to believe that we are not going to just leave everything else the way it is, and build this big project and forget all about it. You have got to think about that as we go along. 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 McLaughlin, second by Council Member MacNeilage, to certify that the Final Environmental Impact Report has been completed in compliance with the California Environmental Quality Act (CEQA). AYES: Council Member Leja, McLaughlin, MacNeilage, 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- 2). 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 the environmental impact report (EIR- 90 -2). AYES: Council Member Leja, McLaughlin, MacNeilage, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. C. ORDINANCE NO. 693 - FIRST READING - Prezoning 1,162 acres from Riverside County A -1 (Light Agriculture) to City Specific Planning Area (SPA 4.1 dwelling units per acre), (90- RZ -8). Applicant: Deutsch Corporation. (89- ANX- 1 -48). Location: Bounded by Brookside Avenue to the north, Highland Springs Avenue to the east, 8th Street to the south, and Cherry Avenue to the west. Motion to read Ordinance No. 693 by title only. Motion by Council Member Leja, second by Council Member McLaughlin, to read Ordinance No. 693 by title only. Page 14 Beaumont City Council January 14, 1991 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 approve Ordinance No. 693 at its first.reading. Motion by Council Member Leja, second by Council Member Parrott to approve Ordinance No. 693 at its first reading. AYES: Council Member Leja, McLaughlin, MacNeilage, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. d. RESOLUTION NO. 1991 -03 - Adopting Deutsch Specific Plan SP -89 -1. Applicant: Deutsch Corporation. e. RESOLUTION NO. 1991 -04 - A Resolution of Application by the City of Beaumont Requesting the Local Agency Formation Commission to Take Proceedings for the Annexation of Uninhabited Territory, Pursuant to the Local Government Reorganization Act of 1985. (Beaumont 89- ANX -1 -48 - Deutsch). Motion by Council Member McLaughlin, second by Council Member Parrott, to adopt Resolutions No. 1991 -03 and 1991 -04. AYES: Council Member Leja, McLaughlin, MacNeilage, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 7. INTENTION TO ORDER ABANDONMENT of a Portion of Grace Avenue. Applicant: Robert Bourshaw. The City Manager presented his report concerning this proposed abandonment, with a recommendation for adoption of the resolution. A copy of this report is a matter of record in the Clerk's file. Council Member MacNeilage asked if there was ever a possibility of a crossing being put in there, with the City Manager indicating that could never happen due to certain conditions that exist. The public hearing was opened at 8:17 P.M. There was no one requesting to speak to this issue. The public hearing was closed at 8:18 P.M. There were no questions from the Council, with one comment made by Council Member Parrott stating his agreement to this abandonment. a. RESOLUTION NO. 1991 -05 - Ordering Abandonment of Portion of Grace Avenue. Applicant: Robert Bourshaw. Motion by Council Member MacNeilage, second by Council Member McLaughlin, to adopt Resolution No. 1991 -05. AYES: Council Member Leja, McLaughlin, MacNeilage, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. END PUBLIC HEARINGS. Page 15 Beaumont City Council January 14, 1991 The meeting was recessed at 8:20 p.m., reconvening at 8:33 p.m. 8. RESOLUTION NO. 1991 -01 - Amending Resolution No. 1990 -01 and all Other Resolutions in Conflict Herewith To Provide for Updated Rubbish Service Collection Costs for Residential Users and Commercial Bin Users. A report was received from the City Manager indicating this proposed increase is in accordance with the agreement the City has with Inland Disposal, and recommending adoption of Resolution No. 1991 -01. A copy of this report is a matter of record in the Clerk's file. Council Member McLaughlin asked for information concerning when the requirement to separate the rubbish into different categories would go into effect. Mr. Dave Davis, representing Inland Disposal, responded to this question indicating it is in the very near future. He then outlined what the Council could expect in the implementation of this state law, emphasizing that contrary to common belief, the implementation of this recycling will not necessarily mean lower fees. Motion by Council Member McLaughlin, second by Council Member MacNeilage, to adopt Resolution No. 1991 -01. AYES: Council Member Leja, McLaughlin, MacNeilage, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 9. Consideration of Approval of Issuance of Business License to Farah Tabel to Operate Quick Stop Market at 985 Beaumont Avenue (formerly Sahara Market). The City Manager called attention to the material in the packet provided by Mr. Tabel, explaining that Mr. Tabel has opened escrow for the purchase of this property. Because of the problems with the previous owner, the Council, by previous action, had required Council approval of any application for a business license at this location. Questions from Council Member McLaughlin and Mayor Connors were answered by the City Manager. The applicant also addressed the Council, explaining the status of the purchase at this time. Motion by Council Member McLaughlin, second by Council Member MacNeilage, to approve issuance of a business license to Farah Tabel to operate the Quick Stop Market at 985 Beaumont Avenue (Sahara Market) at the time escrow closes for his proposed purchase of the property. AYES: Council Member McLaughlin, MacNeilage and Mayor Connors. NOES: None. ABSTAIN: Council Member Leja and Parrott. ABSENT: None. 10. RESOLUTION NO. 1991 -06 - Pursuant to Chapter 10.04 of the Municipal Code of Beaumont, Prescribing Intersection Stop Signs at Vasili Avenue and Cherry Valley Acres; at 10th Street and Palm Avenue; and at 12th Street and Palm Avenue, to Expedite Traffic Flow and Traffic Safety. Chief Funston presented his report and recommendation for installation of stop signs at the three locations described in Resolution No. 1991 -06. Page 16 11. 12. Beaumont City Council January 14, 1991 Council Member MacNeilage asked what the distance is between 12th and 10th Street, with an estimate given of approximately 1100 feet. There were no other questions from the Council. Mrs. Susan Kettner, 1125 Palm Avenue, addressed the Council, speaking in favor of installation of stop signs on Palm Avenue as recommended by Chief Funston. Mr. Robert Wood, 1001 Palm Avenue, addressed the Council, speaking in opposition to the installation of a stop sign at 10th and Palm. One reason being a thirty year old elm tree on the corner which he felt would make it difficult to install a stop sign at that location. Other reasons for his opposition were that there is, in his opinion, very little cross traffic at 10th Street, and vehicles running the stop sign creating more of a hazard for pedestrians than exists now. The Council discussed Mr. Woods' comments, particularly in relation to the elm tree, with a recommendation from the City Manager that if it is the Council's desire to investigate the situation regarding the tree, they remove that location from the resolution and approve only the remaining two locations. The 10th and Palm location could then be returned to the Council for consideration at a later date. Motion by Council Member McLaughlin, second by Council Member MacNeilage, to adopt Resolution No. 1991 -06 with the stop sign at 10th and Palm deleted. AYES: Council Member Leja, and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. McLaughlin, MacNeilage, Parrott Direction was given to staff to determine whether a stop sign at 10th and Palm would be a legal stop intersection without removing the elm tree, and bring a recommendation back to the Council. URGENCY ORDINANCE NO. 694 - Adding to the Beaumont Municipal Code Section 8.32.425, Dealing with the Right of Entry to Abate. The City Attorney explained that recent court decisions have created the necessity of adopting this ordinance in order to properly enforce the nuisance abatement ordinance, and explained further the justification for adoption of the ordinance as an urgency ordinance. Questions raised by Mayor Connors regarding specific types of entry were answered by both the City Attorney and Chief Funston, with the City Manager also participating in the discussion. Motion by Council Member Leja, second by Council Member McLaughlin, to adopt Urgency Ordinance No. 694 at its first reading. AYES: Council Member Leja, and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. McLaughlin, MacNeilage, Parrott ORDINANCE NO. 695 - FIRST READING - Adding Chapter 15.42 to the Beaumont Municipal Code Dealing with Earthquake Hazard Reduction in Existing Unreinforced Masonry Bearing Wall Buildings. Mr. Jeffrey Van Dam, consulting engineer, presented background information concerning this ordinance, which was mandated by the state. Page 17 Beaumont City Council January 14, 1991 Answering a question from Council Member Parrott, Mr. Van Dam advised that churches were not exempted by the State, and there are a couple of churches in Beaumont that will need reinforcing. Mayor Connors noted that the ordinance is so technical, this is one of the times they must fully rely on the experts. The City Manager presented additional information, particularly relating to the time limits given to property owners shown on Page 12 of the ordinance, and the fact the Council may change these requirements should they desire to do so. Motion to Read Ordinance No. 695 by title only. Motion by Council Member Leja, second by Council Member McLaughlin, to read Ordinance No. 695 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. Mr. Robert Wood, pastor of the Presbyterian Church, addressed the Council with regard to the fact his church is one of the buildings on the list with unreinforced masonry. He then pointed out the historical and unique nature of the church, and because it would not be possible or financially feasible to attempt to reinforce the building, asked that any waiver or exemption available be applied to his church. Mr. Van Dam explained that the City does not have the right to exempt anything the State has not exempted, even their own municipal buildings. Discussion followed concerning this situation, with questions and comments from the Council pertaining to any recourse available to save older, historical buildings. Council Member Leja asked for clarification that the ordinance presented tonight is as lenient as it can be, with Mr. Van Dam replying it is as lenient as it can be and still serve the public well. Motion to Approve Ordinance No. 695 at its first reading. Motion by Council Member Leja, second by Council Member McLaughlin, to approve Ordinance No. 695 at its first reading. AYES: Council Member Leja, McLaughlin, MacNeilage, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 13. Consideration of Applications Received for Appointment to Planning Commission. The City Manager advised that three applications were received, two of which were from Commissioners presently seated on the Commission whose terms are expiring, Donald Echlin and Francis Prouty, and the third application filed by Chuck Menley. Mr. Bounds called attention to the fact there is still one additional vacancy on the Commission in addition to. the two terms which are expiring. Council Member McLaughlin clarified the length of the terms, with Council Member Leja asking for a continuance since she had not had the opportunity to speak with one of the applicants, and Council Page 18 Beaumont City Council January 14, 1991 Member Parrott stating he felt the Commissioners presently serving should be reappointed. Mayor Connors agreed that the present commissioners should be reappointed, but felt it was not in the best interests of Beaumont or its citizens, to appoint a developer, especially one associated with apartments, to the Planning Commission, and would not support such an appointment no matter who it might be. Council Member Leja retracted her request for a continuance based on Mayor Connors' statement. Motion by Council Member McLaughlin, second by Council Member Parrott, to appoint Donald Echlin and Francis Prouty to the Planning Commission for four year terms expiring December 31, 1994, leaving the third seat open for further applications, with notice of vacancy to be posted. AYES: Council Member Leja, McLaughlin, MacNeilage, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 14. Consideration of Claims Filed Against the City by Darla Tobar, Anthony Tobar, Chelsey Marie Tobar and Austin Kenneth Tobar. The City Manager submitted his report with a recommendation for denial of these claims. There were no questions or comments from the Council. Motion by Council Member McLaughlin, second by Council Member Parrott, to reject all four claims 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, MacNeilage, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 15. Consideration of Award of Bid for Stewart Park Sprinkler System. Mr. Bounds reported that all bids received were in excess of the amounts provided by the park grants, and recommended the Council consider adding sufficient funding to award the bid so the work can proceed. A copy of Mr. Bounds' full report is a matter of record in the Clerk's file. There were no questions or comments from the Council. Motion by Council Member Parrott, second by Council Member MacNeilage, to: 1. Award contracts to Mentone Turf Supply in the amounts of $28,589.00 for Phase I and $28,008.00 for Phase II for the Stewart Park Sprinkler Systems. 2. Authorize $7,589.00 and $3,008.00 to be added to the State Park Funds respectively for Phase I and Phase II for the Stewart Park Sprinkler Systems as overbudget expenses to be charged to Account 6050 -6020. Page 19 Beaumont City Council January 14, 1991 AYES: Council Member Leja, McLaughlin, MacNeilage, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. 16. CONSENT CALENDAR - All Items Listed Under the Consent Calendar are considered to be routine by the City Council and will be approved on one motion. There will be no separate discussion of these items unless a Council Member or Citizen so requests, in which case the item will be removed from the Consent Calendar and considered as a separate item. a. Approval of Minutes of Regular Council Meeting of December 10, 1990. b. Acceptance of Minutes of Regular Planning Commission Meeting of October 16, 1990. C. Approval of Warrants as Audited per Warrant List of January 14, 1991, in the amount of $525,607.87; Payrolls of December 6, 1990, December 20, 1990 and January 3, 1991, in the amounts of $66,397.42, $65,226.17 and $63,663.82 respectively. d. RESOLUTION NO. 1991 -02 - Accepting Offer of Dedication for Right -of -Way for Realignment of Viele Avenue and for 4.0 feet of Right -of -Way Along Fourth Street, and Ordering Recordation Thereof with County Recorder. (Western Coating). e. Approve Audit Report for Fiscal Year Ended June 30, 1990. f. Authorize Mayor to Execute Notice of Completion for Multi - Purpose Room. g. Request for Reassignment of Vehicles. h. Report of Action of the Planning Commission Meeting of December 18, 1990. Motion by Council Member McLaughlin, second by Council Member Leja, to adopt the Consent Calendar as presented. AYES: Council Member Leja, McLaughlin, MacNeilage, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: None. Date Set for Next Regular Council Meeting, Monday, January 28, 1991, at 7:00 P.M., in the City Council Chambers. There being no further business to come before the Council, the meeting was adjourned at 10:26 P.M. Respectfully submitted, -/City Clerk Page 20