HomeMy Public PortalAbout1992BEAUMONT CITY COUNCI°t
MINUTES OF
JANUARY 13, 1992
The Beaumont City Council met in a regular meeting on Monday,
January 13, 19929 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 Mayor Leja, who then led the Pledge of
Allegiance to the Flag.
1. Clerk's Affidavit of Posting.
The Clerk's affidavit of posting the agenda was read into the
record by the Deputy City Clerk.
2. Adjustments to Agenda.
There were no adjustments to the agenda.
3. ORAL COMMUNICATION:
There was no one requesting to speak during oral communication.
4. Consideration of Petition from Residents of Birchwood Drive
Concerning Proposed Addition of Entrance /Exit in an Existing
Cul -De -Sac.
A report was received from the City Manager concerning the
petition presented by Birchwood Drive residents in which he gave
background information concerning the reason for the driveway. A
copy of this report is a matter of record in the Clerk's file.
He then called attention to a map of the church project as the
basis for a more detailed explanation of the situation which
created the need for this driveway.
Mr. Donald Isbell and Mr. Walter Price spoke on behalf of the
First Southern Baptist Church, presenting information and maps
showing their problem with the 30" gas line running in front of
the property on 14th Street. Mr. Price also presented a copy of
an agreement with WDS Development, Inc. which makes reference to
the driveway in question, as evidence the developer was aware of
this proposed driveway. Ms. Timalyn Enright, a resident of
Birchwood Avenue, also spoke in support of the church being
allowed to put this driveway in as proposed.
Mr. Dean Nakayama and Mr. Timothy Trewyn addressed the Council in
support of the petition filed by the residents, enumerating their
reasons for protesting the installation of this access to
Birchwood Avenue.
Questions were asked by other residents of the area, including Mr.
William Pyle and Mr. Don Grant, with the City Manager providing
answers to those questions. Mr. Price made additional comments in
rebuttal to certain statements by the opponents.
Discussion continued with the City Manager and Mr. Price providing
answers to questions from the City Council.
There being no objection from the Council, direction was given to
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Beaumont City Council
Jangary 13, 1992
staff to come back to the Council with other solutions, and before
bringing this back to the Council, to consult with - in the same
room, at the same time - the gas company, representatives of the
church and representatives of the petitioners.
Mr. Dean Nagayama indicated he would represent the petitioners at
this meeting.
5. Consideration of a Letter Regarding Motorcycles, Three and four
Wheelers Riding in Marshall Creek and Surrounding Vacant
Properties North of Cougar Way.
The City Manager presented his report, a copy of which is a matter
of record in the Clerk's file. He went on to say he and the City
Attorney had found no law which would allow the City to require a
property owner to fence his property, with the City Attorney
confirming this is correct, adding that if the property owner came
to the City for permits to make some improvements, the City could
require fencing at that time.
Ms. Terry Griffin, 506 Agnes, a resident of Country Crossing,
spoke in opposition to the complaint, as she felt the motorcycles
were not creating a problem in the area. She also stated that the
property owner had given permission for them to be on the property.
Let the record show Council Member Russo left the meeting at 8:05
p.m., returning at 8:10 p.m.
Ms. Patsy Reeley, 11105 Sunnyslope, which is also adjacent to the
vacant field in question, spoke in support of the complaint, as
it was her opinion the motorcycles created a major nuisance.
Mr. John Kemp, 1271 California, spoke in opposition to the
complaint, stating that although he does not live in the area used
by the cyclists, he thought the kids should be allowed to continue
to ride as this is a small city in the country, and he would
rather see them riding in that field than out on some corner
selling drugs.
Mayor Leja asked if she could make any decisions on this matter
since she lives in Country Crossing, adjacent to the field in
question, with the City Attorney advising that she not participate
in further discussion or decisions on this matter.
Mayor Leja excused herself, turning the gavel over to Mayor Pro
Tem Parrott to conduct the meeting from this point on.
Comments were made by the Council to the effect it would appear
there is nothing the City can do about this complaint since the
property owner has given permission for the bikes to be on his
property.
Ms. Leja addressed the Council as a private citizen, stating
there should be some consistency by the Police Department in
responding to complaints of the residents, as each officer seems
to have a different viewpoint, and, in addition, if the property
owner has given consent, the police department should have a
letter from the property owner(s) stating that is the case. The
City Manager agreed a letter from the property owner(s) would be
appropriate.
The question of liability was raised, with the City Manager
indicating it would be the liability of the property owner, and
the City Attorney bringing up the legalities of conditions known
as attractive nuisances on private property.
Council Member Russo asked if there was such a thing as a noise or
dust nuisance, with the City Attorney responding the City has an
ordinance which addresses noise, however, it has to reach a
certain level before it is considered a nuisance, as in the case
of a sandblaster running all day.
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January 13, 1992
There was no action taken on this agenda item.
6. Request from WDS Development for Twenty -Five Sewer Permits.
A report was received from the City Manager, a copy of which is a
matter of record in the Clerk's file. Included in this report was
the fact the City has approximately 38 sewer connections for the
next eighteen months. He recommended denial of this request as in
the past he has been directed to hold the remaining connections
for commercial /industrial and single family residential units.
Council Member Russo said he understood the desire to hold these
connections back on the basis of future possible commercial
development, or replacing septic tanks, however, he questions if
there was a choice between having homes on septic tanks or
commercial on septic tanks, which would be better.
The City Manager said that was a hard question, since each project
is individual. For example, the City has been talking to a
service station /mini -mart which would be foolish to put on sewer
at this time because of the cost involved, since a new sewer main
will be placed less than a quarter of a mile from this particular
location when the new sewer plant goes in. So in this instance a
septic tank should be used.
He continued that in the case of the new gas company facility at
the corner of First and California, it was also placed on a septic
tank because they are out away from everyone, and, in addition,
they have a design that is already in the ground to connect to the
new sewer system when it is installed.
Council Member Russo pointed out the most logical locations for
commercial and business development are generally outside of the
ability to connect to the sewer lines at this time in any event,
and his particular concern is if they don't allow this subdivision
to hook up to the sewer, there will be twenty -five homes with
septic tanks in their front yards that eventually will have to be
filled in and reconnected, and he thinks this would be a mess.
The City Manager said if they are installed properly there will be
one place to not only fill, but to make the change over to the
sewer, as the sewer lines are in the street now, and the sewer
will be stubbed up to the house with a "Y" put on it.
Council Member Brey said he understood the
wanting to hold back some sewer connections for
but this developer has already started, and the
are so that he has an uneasy feeling about the
the way they would work if septic is used. He
that holding this development off of sewer for
might develop doesn't make sense to him.
previous Council
future expansion,
size of the lots
leach fields and
went on to state
somebody else that
Council Member Parrott commented this is done in quite a few
places, including Mentone where he used to live, and there it took
them about ten years to hook up to the sewer, however, it would
have been better if the developer had placed the septic tanks in
the front yards rather than under the driveways. He thought it
was perfectly okay on a subdivision like this to go ahead and put
septic tanks in, and you can take the tile field from the septic
tank and run it off to the left or the right away from the big
tank, and then it would be stubbed off to hook up the sewers when
they come in. It is done quite a bit, and he sees nothing wrong
with this, giving the City the ability to hold the other permits
for older properties that may be on septic tanks now, as it would
be more prudent to have permits available for them then it would
for a brand new subdivision.
He continued that the developer should pay for this to be done
when he sells the property, as there shouldn't be an assessment
put on a piece of property after it has been purchased. He again
stated he thinks this is the way it should be done.
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January 13, 1992
Council Member McLaughlin felt that since the City is limited to
38 hook -ups, and it will be eighteen months before new sewer hook-
ups will be available, they should be saved to use as sewer
connections for the old City where you have individual lots that
possibly have been paying sewer assessments for many years, and it
would be unfair to deny them when they are ready to hook -up to the
sewer. Whereas, the new subdivisions are going to pay their share
for hooking into the new sewer plant, which is only fair. So far
as commercial areas are concerned, there is a sizable commercial
area just south of town that is accessible to sewer connections at
this time, so those areas could be developed and fill in that
area.
He went on to say that due to the fact the water quality control
board has okayed septic tanks for this property, the City should
be prudent and save the remaining sewer connections to be used as
wisely as possible for the next year and a half. As a result he
is in favor of denying this request for twenty -five sewer
connections.
Mayor Leja asked how long after a septic tank is installed does it
have to be switched from septic to sewer after the facility is
available, with the City Manager replying that in the agreement
the City has suggested be used, Item No. 7 states that the
developer hereby agrees to abandon said underground sewage
disposal systems, and reconnect the houses on each of said twenty -
five lots, within ninety calendar days of receipt from the City of
written notice to do so, and to do all the work of abandonment in
reconnection at no expense to the City.
He clarified that although the word "developer" is used, in the
next paragraph there is a statement that the developer hereby
agrees that this agreement shall be binding upon themselves and
shall inure to the benefit of successors and interest of the
parties, and shall run with the land - meaning that the homeowners
then do that within ninety days after the City has given them
written notice to do so. This agreement would be recorded against
the property.
The City Attorney pointed out the significance in the fact this
document would be recorded, which means there is notice to the
buyer, and there would not be a problem such as with the Church's
driveway. As a recorded document, it will appear on the title
report.
Council Member Russo asked if the Beaumont Irrigation Water
District has responded to this with any concerns they might have
about contamination of the water source, and, secondly, how many
emergency hook -ups have there been in the last two years.
The City Manager responded that the water district has not been
asked for comments, and there have been three emergency hook -ups,
that he is aware of, with two at this time that need to be
connected who are trying to come up with the money.
He made one other comment, in that a single family lot in the
City today cannot put a septic tank on it. The reason these lots
can is they have a waiver because of a ruling that was made by the
Regional Water Quality Control Board that authorized them, if they
had maps approved on a certain date, to install septic tanks.
There is no one else in the City that can do this, and to place a
septic tank on a single family lot today, it would have to be a
half acre parcel requirement.
Council Member Russo stated that in placing a septic tank in the
front yards of these brand new homes, this would mean there would
be a tank in the ground and some kind of a leach line system.
Then when the time comes to hook -up to the sewer, with the hook -up
right there on the property line, what do they do with the septic
tank.
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eaumont City Council
January 13, 1992
The City Manager advised the tanks would be filled with sand, with
the house physically almost hooked up with a "Y" that has a
blockage which is removed and the house is then hooked up to the
sewer.
Mr. Russo said this is his point - they are ready to be hooked up
- and the City has only used three or four of these emergency
hook -ups in the last two years - and the potential for much more
development, housing wise, is not going to happen until the new
sewer plant is built - so he just sees this as an extra amount of
work that has to be done, and extra expense, to put in twenty -five
homes to complete a good portion of a project that is already
completed, and it does not seem logical to him. He thought they
should be given the twenty -five connections so they can finish the
project, or at least that half of the project.
The City Manager pointed out the developer knew hook -ups were
limited at the time he started the project, and there were 100
hook -ups that he could have gotten, but it took longer to get the
development plans approved due to a change in engineers, etc., and
by that time the hook -ups had been given to other developers in
the area. That is the reason for the need for this last twenty -
five. He reiterated that the developer has known this for a long
time, and that is the reason he went to the expense of getting
approval from the water quality control board for the septic tanks.
Responding to a question from Mayor Leja, the City Manager said
there are other developers out there who would also like to have
the twenty -five connections.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to deny the request from WDS Development for twenty -
five sewer permits.
AYES: Council Member McLaughlin, Parrott and Mayor Leja.
NOES: Council Member Bray and Russo.
ABSTAIN: None.
ABSENT: None.
If request for sewer permits is denied, consideration will then
be given to the following.
7. Request from WDS Development for Permission to Install Septic
Tanks on an Interim Basis Prior to Availability of Capacity in
the Regular Wastewater System. (Tract 23161 -1). (Continued from
December 9, 1991).
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 this request. He called attention to the fact they have double
checked the pro rata share required for the new wastewater
facilities, and $3,927 per dwelling unit is the updated amount,
which includes the regional board's requirement to go to a
composting plant. He went on to say this figure was arrived at
using figures from July 1990 and there has been no attempt to
include any cost of living increases, etc.
Council Member Brey said that other than the fact the developer
will be going to the expense of putting in septic tanks we should
give them the sewer hook -ups, he has nothing else to say.
There were no comments from Council Members Parrott, McLaughlin or
Russo.
Mayor Leja asked who would be inspecting the installation of the
septic tanks, as it is very important that it be done correctly,
with the City Manager advising the City's building inspector, Kent
Hall, would be doing the inspecting. He went on to say one of the
things the City has to be very careful about is that the plans
call for the connection, the plug and the place to fill the septic
tank, be on a certain place on every lot.
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.eaumont City Council
January 13, 1992
Mayor Leja then asked if they would be checked prior to the homes
being built, in other words would the septic tanks be installed
prior to the homes being built, because she didn't want to see
houses built and then they check the septic tank to see if works,
and it doesn't function, especially if people have already bought
the house.
The City Manager advised the developer has to stand behind the
house, with Council Member Brey pointing out there is a one year
warranty on all new homes.
The City Manager went on to say there is no way to test a septic
tank to see if it works until it fills, but anything can happen as
you are only as good as the weakest employee you have, and that is
the reason for the warranty.
Mayor Leja said she is speaking from experience, and she doesn't
want to see people living in the house and then having a problem,
and wants to be sure all testing is completed prior to someone
buying the house.
Mr. Wayne Simonian, of WDS Development, requested a continuance of
this agenda item since he would like to discuss the issue with his
financial partner, and, also, he would like to have the
opportunity to review the proposed agreement.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to continue this agenda item to January 27, 1992 at the
request of the applicant.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
8. Consider Adoption of the FY 1991 -92 Budget.
Discussion was opened on this agenda item with a report from the
Director of Administrative Service, Ronney Wong, which included an
explanation of certain changes to the budget document which had
been given to the Council, with an overall reduction to the budget
of $2,641. This errata sheet is a matter of record in the Clerk's
file.
The meeting was recessed at 8:55 p.m., reconvening at 9:10 p.m.
Mr. Wong continued with his report, indicating the position
reductions, the actual dollars expended thus far, any salary
savings and benefit savings, and all updates discussed at the last
meeting have all been recomputed and are reflected in this budget.
Council Member Russo asked for clarification on Page 29 where
there is shown a current level of eleven police officers
requested, asking should this not now show seven.
The City Manager indicated that in following the format which is
being used it should read seven rather than eleven. He continued
that any corrections will be made, with the "Council Approved"
column filled in, and new budget documents given to them.
Council Member Russo, as Chairman of the Council appointed Finance
Committee, asked to make the following statement:
In the past couple of months the City Council has, in public
session, gone through both the revenue and the expenditure
portions of this budget line by line. And we have on two separate
occasions, Mayor Leja and I, met with department heads to discuss
budgetary issues. We have additionally met with the City Manager
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Beaumont City Council
January 13, 1992
in discussing relative cuts to the budget. Additionally, this
committee has reported to the Council on at least one other
occasion as a result of those meetings.
I believe, in my personal opinion, that this Council has made
every effort to make its position and its discussion on this
budget very public. We have again, and I must, you know, really
stress this issue, have taken into consideration all options, and
have come to the conclusion, through the various meetings, that
the cuts that have been made are the cuts that have been needed.
I would like to commend Mr. Bounds in his efforts to take the
Council's guidance, and to bring this budget in under $100,000
deficit. Of course we have used some revenues that were slated as
reserve funds out of a special fund. We have also utilized a
credit for employee benefits that was an overpayment, and the
combination, I think it is clear, and we must make sure that it is
clear, that this budget was not balanced on the backs, solely, of
City personnel. There were other places where revenues were
taken. And, in my opinion, this budget is presently ready to be
approved in its present format, notwithstanding some possible
calculation errors that are not reflected on the total figure.
And I would not recommend that this Council approve this budget
if, in fact, there were to be any changes in the general fund
estimated fund balance.
And so, with that, I would either turn it over to you for any
discussion, if not, I am prepared to make a motion.
Mr. John Kemp, 1271 California, asked if this meant the police
department would be cut, with Mayor Leja confirming this is
correct. Mr. Kemp went on to make a lengthy statement regarding
the impact these cuts would have on the community, creating the
need for citizens to form vigilantes. He went on to say the
police department is very vital to the community, and anytime the
Council makes cuts in that area, they are harming the community.
He concluded that the City could cut in many other places, but
they shouldn't be cutting the police department.
Council Member Russo said, speaking for himself, that he does not
believe he works for anybody but the citizens of this community,
and even though it might be difficult at times to understand why
the City Council is making decisions, or why this particular
Councilman is making decisions, he is prepared, personally, to
back up his personal feelings about the cuts that have been made
in this budget.
He has committed himself before that he is using a ratio of 1.5
officers per 1,000 people. In a community of 10,000 people that
is 15 officers, and that is exactly what they have. In addition,
he thought it should be noted that does not include the fact they
are going to hire a police chief, and when they do that will
authorize sixteen people on the street.
The City of Banning is trying to get up just a little bit above
what the City of Beaumont is, and that is not to say that this
City Councilman won't listen to the advice of a police chief who
makes recommendations to them, and he would be very interested in
listening to what a professional law enforcement officer, who has
administrative capacity, and has been experienced in police work
outside of this City, to advise them on what they should do, and
at that time he will be prepared to listen to those
recommendations. But at this particular point in time, this City
Council is looking to the best interests of the City.
He personally has spent a lot of hours going over and over these
budget figures, as well as other Council Members that he knows
have done that. The decisions were not made hastily, and they
were not made with the intention for people to go out and be
vigilantes. And he could assure Mr. Kemp that anybody that goes
out to be a vigilante will find the police will respond to them,
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Beaumont City Council
January 13, 1992
and they will become the criminal.
He concluded that he personally did not appreciate the comments
that have been made that the City has been opened wide open to
anybody who wanted to come, by publicly notifying people that
the City was cutting the police department. He thinks it is a
time when people should pull together and say, let's try and see
if we can make this work. He is interested in presenting to this
Council and this community other options. Such as, when he was in
Redlands he noticed what seemed to be a police car, only on the
side of it, it said "volunteer citizen patrol ".
There are other options to make people know that people are
watching. A Neighborhood Watch program should be instituted very
strongly. Citizen patrols should be organized under the police
department. There are other ways to do it, and at a time when
budgets are very thin for many cities they need to look at those
kinds of options.
He has the highest regard for the men and women in blue in this
city, and believes they want to do a good job, and if we leave
them alone they can, and if everyone supports them, they will.
If all the negativism about what they can't do is put to rest,
they will show us what they can do. He has faith in them and he
knows they can do the job.
He wanted them to know that, when the time comes, they will find
that he will support - as long as the money is there - the options
that will be available to increase policemen on the street. But
for right now, in his opinion, the best decision has been made.
When the money is not here, what can you do. He has not seen
anyone stepping up to sign a paycheck for a policeman.
The City Manager called attention to the fact several statements
have been made that the budget adds a public works employee, when,
in fact, that, through attrition, there are two vacancies, and
this would replace one of two positions, which is not an addition
- it is still one less than was staffed before.
Motion by Council Member Russo, second by Council Member
McLaughlin, to adopt the City Manager recommended budget for
fiscal year 1991 -92, dated January 13, 1992, and its revisions,
with an estimated deficit fund balance in the general fund of
$92,655.00, and all associated budgets for restricted funds as
presently constituted in the budget package.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Prior to voting, Mayor Leja made the following statement:
We do have a responsibility to the citizens who live here. And
one of our major responsibilities is not to see our City go
into bankruptcy. I hope that the fiscal restraints that we are
under right now is temporary so that we can have these people come
back to work. And so that we can continue addressing the needs of
services of this community. And we have to look at making our
City as financially stable during these trying times as possible,
so we need full cooperation. We need people who are willing to
work together, and I see our police department, as well as our
planning department, finance, the things that we have to have to
make a City run, in full support and in teamwork.
9. Consideration of Approving Contract with Superior Signal Service
Corp. for Maintenance of Traffic Signals, and Authorization for
Mayor to Execute Same. (Continued from November 25, 1991 to
second meeting in December, which was canceled).
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10.
11.
-••mont City Council
January 13, 1992
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 contract with Superior Signal Service, pointing out that
the cost of this contract is covered in the FY 91 -92 budget which
was just approved, so there is no additional money needed to pay
for this cost. Also, it is not a general fund item.
There were no questions or comments from the Council.
Motion by Council Member Russo, second by Council Member Parrott,
to approve the contract with Superior Signal Service Corporation
for maintenance of traffic signals, and authorize the Mayor to
execute same.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Consideration of Joint Powers Agreement with City of Banning for
Maintenance of Highland Springs Avenue. (Continued from December
9, 1991).
The City Manager presented his report, a copy of which is a matter
of record in the Clerk's file, adding that he realizes the fact
the agreement has no actual dollar figure, the key to this type of
agreement is that either City upon sixty days prior notice may
cancel, so any movement could be stopped if there was a great deal
of money involved.
There were no comments or questions from the Council, other than
Council Member Parrott noting the contract looked fair and
equitable to him.
Motion by Council Member Russo, second by Council Member Brey, to
approve the Joint Powers Agreement with the City of Banning for
the maintenance of Highland Springs Avenue, and authorize the
Mayor to execute same.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
a. Receive and Accept Resignation of City Treasurer, Donald
Houston, Due to Ill Health.
b. Request Applications from Interested Parties for Appointment
as City Treasurer.
A report was presented by the City Manager, a copy of which is a
matter of record in the Clerk's file. He specifically called
attention to the fact the Council has only thirty days from the
date the resignation is effective to appoint someone or call a
special election. The requirements are the person appointed
must be a resident of the City and be a registered voter. He
continued that the appointment must be made by the regular meeting
of February 10, or a special meeting will have to be called, in
order to cover the thirty day limitation.
Answering a question from Council Member Russo, the City Manager
advised there is no application form for interested applicants,
that a letter of interest is what has been used in the past.
Mr. Bounds recommended the applications should be received no
later than Friday, February 3, at 5:00.
Motion by Council Member McLaughlin, second by Council Member
Russo, to accept Don Houston's resignation as City Treasurer,
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,,eaumont City Council
January 13, 1992
effective January 15, 1992, with regret, and wish him the best in
the future for all the many hours of service he has given to his
City; and to request the newspapers to indicate in their papers
that the City Council is accepting applications for the office of
City Treasurer, with applications to be received in the City
Manager's office no later than February 3, 1992, at 5:00 p.m.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
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 separately.
a. Approval of Minutes of Regular Council Meeting of November 25,
1991, Special Council Meeting of December 2, 1991, Regular
Council Meeting of December 9, 1991, Special Council Meeting
of December 16, 1991 and Special Council Meeting of December
27, 1991.
b. Approval of Warrants as Audited per Warrant List of January
13, 1992, in the amount of $569,892.39; Payroll of December 5,
1991, in the amount of $66,175.61; Payroll of December 19,
1991, in the amount of $66,430.02; Special Payroll of December
20, 1991, in the amount of $1,036.67; Special Payroll of
January 2, 1992, in the amount of $1,035.32; and Special
Payroll of January 3, 1992, in the amount of $1,198.95.
C. RESOLUTION NO. 1992 -01 - Ordering Territory Designated as
LAFCO No. 91-35-3, City of Beaumont 90- ANX -1 -46, Annexed to
the City of Beaumont. Applicant: City of Beaumont.
Location: Generally Located South of Fourth Street, West of
West Drive and North of Westward Avenue.
d. RESOLUTION NO. 1992 -02 - Providing Method of Drawing Warrants
or Checks on City Treasury.
e. RESOLUTION NO. 1992 -03 - Providing Method of Drawing Warrants
on Assessment District 1983 -1.
Motion by Council Member McLaughlin, second by Council Member
Brey, to adopt the consent calendar as presented.
AYES: Council Member Bray, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
13. Recess to Closed Session Pursuant to Government Code Section 54957
to Consider Public Employee Personnel Matters.
The meeting was recessed to closed session at 9:36 p.m.,
reconvening to regular session at 10:26 p.m.
Let the record show no action was taken in closed session.
Date Set for Next Regular Council Meeting, Monday, January 27,
1922, at 7:00 P.M., in the City Council Chambers.
There being no further business to come before the Council, the
meeting was adjourned at 10:27 p.m.
Respectfully submitted,
City Cle
Page 10
BEAUMONT CITY COUNCIL::
MINUTES OF
JANUARY 27, 1992
The Beaumont City Council met in a regular meeting on Monday,
January 27, 1992, at 7:12 P.M., in the City Council Chambers, with
Mayor Leja presiding.
On roll call the following Council Members were presents Brey,
McLaughlin, Parrott, Russo and Mayor Leja.
The invocation was given by Mayor 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 Deanna Pillar.
2. Adjustments to Agenda.
There were no adjustments to the agenda.
3. Special Presentation to Donald Houston.
Mayor Leja announced that it gave her great honor to honor Donald
Houston tonight, stating that he has served his community with
complete dedication. She then presented a special City of
Beaumont plaque commemorating the many years of service given by
Mr. Houston to the City and to the community. Mayor Leja also
thanked Mrs. Houston for her support of M`r. Houston during these
years of service.
4. ORAL COMMUNICATION:
There was no one requesting to speak during oral communication.
PUBLIC HEARINGS — 7 :00 P.M.
5. CONSIDERATION OF ADOPTION OF RESOLUTION NO. 1992 -04 TO PROVIDE FOR
UPDATED RUBBISH SERVICE COLLECTION COSTS FOR RESIDENTIAL USERS AND
COMMERCIAL BIN USERS.
The City Manager presented his staff report with a recommendation
for adoption of the resolution. A copy of this report is a matter
of record in the Clerk's file.
The public hearing was opened at 7:23 P. M.
Mr. Donald Houston, 801 Massachusetts: When are they going to
start the recycling phase in this that I understand is supposed to
be coming due, and that everybody is supposed to recycle. When is
that going to start.
1
City Manager: We would hope that we will be doing some recycling
in the City this year yet. We were hopeful, because the disposal
company is working with Banning and Beaumont both, that we would
be able to go on line at the same time to "make it more profitable
for whatever profits there are in recycling. At the present time
Banning has not, it is my understanding, has not agreed to
recycling yet. And I don't have a date for. them.
We are required by State law, as the City;of Beaumont, to prepare
a plan that is in the preparation stage at'the present time. That
plan is very inclusive that goes all the way up to the time when
we have to be 50% recycled. That will be going before this
Council probably within the next forty five days, and then on to
the County. That puts us in a position, then, where we can go
Page 1
Beaumont City Council
January 27, 1992
through whatever regulations are needed, and we would hope that we
can work with the disposal company to have recycling fairly close
to that time.
Recycling will cost more money. I just want to make that
statement, because there is no cheap way out, and the thoughts
that all the money that is going to be made from selling the
items, has not come true in any City that I am aware of. But we
will be offering that, I am sure, before' the end of this year.
Mr. Houston: Thank you.
Mayor Leja: Is there anyone else who would like to speak on Item
No. 5. If not, I will close the public hearing.
The public hearing was closed at 7:26 p.m.
There were no questions or comments from Council Members at this
time.
A question was asked by the City Attorney regarding how the
landfill increase was included in the overall increase, and
asking for clarification that the $12.16 charge last year included
the increase in landfill charges, with the City Manager replying
this is correct in that the disposal company gets the CPI increase
on last year's rate plus any landfill increase this year.
Mayor Leja said she recalled when this request for an increase
came to the Council last year, a representative of the disposal
company gave a lengthy presentation which included a statement
that that increase would cover the recycling. The City Manager
did not remember that particular statement being made, and said it
was probably made on the basis that they would be recycling when
required to, but he didn't think there was any offer of the cost
being covered.
Mayor Leja then stated that since recycling has been brought up,
she wondered if the City of Beaumont has to wait until the City of
Banning has a plan, with the City Manager responding that we don't
have to wait, but it may be considerably more expensive for only
10,000 people. He continued that he would be glad to work with
the disposal company to see what can be done on a fairly quick
basis.
Mayor Leja said it appeared we needed to be discussing this with
the City of Banning as well, and put a little bit more urgency to
it.
Mr. Bounds stated that the equipment which has to be bought could
be operated cheaper if it was running every day on a regular
basis.
RESOLUTION NO. 1992 -04 - Amending Resolution No. 1991 -01 and
All Other Resolutions in Conflict Herewith to Provide for
Updated Rubbish Service Collection Costs for Residential Users
and Commercial Bin Users.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to adopt Resolution No. 1992 -04.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
6. CONSIDERATION OF ADOPTION OF RESOLUTION NO. 1992 -05 SETTING FEES
AND PROCEDURES FOR TRUCKLOAD DUMPING OF SEPTIC TANK AND CESSPOOL
PUMPINGS AT THE WASTEWATER TREATMENT PLANT.
The staff report was presented by the City Manager with a
Page 2
Beaumont City Council
January 27, 1992
recommendation for adoption of the resolution. A copy of the
staff report is a matter of record in the Clerk's file.
The public hearing was opened at 7:35 P. M.
There was no one requesting to speak to this issue.
The public hearing was closed at 7:36 P. M.
Council Member Russo said it appears the objective of this is to
increase the fees to large haulers, and to establish tougher
procedures, initiate fines, etc., but that we are not concerned
with what they are dumping.
The City Manager replied we definitely are concerned, and that is
a part of this action, pointing out this is why the City wants a
manifest because that manifest tells us where they picked it up,
what they picked up, and then when we find something that is
illegally dumped we can go to the manifest and check it out
Mr. Russo then asked what the procedure would be if someone dumped
something really bad out there, with the City Manager explaining
the procedure which would be followed, including charging the
appropriate fine.
Council Member Brey asked if the non - compliance fees were in line
with fees charged by other agencies, with the City Manager stating
they would be a little bit higher than one, and lower than
another.
Mr. Brey continued that they looked very light to him, suggesting
they should perhaps be higher.
Mr. Bounds justified the fees being charged by saying it should
only take one phone call to bring the hauler into compliance.
Mr. Russo asked if this is general fund money, with the City
Manager indicating it would be sewer fund] money. Mr. Russo then
questioned the necessity of the fines goi"hg into the sewer fund,
with the City Manager indicating, on second thought, they don't
have to go to the sewer fund, and he could see no reason why they
couldn't be earmarked for the general fund.
Council Member Russo pointed out there is no language in the
resolution that dictates where the funds have to go, so he would
assume if there is no legal problem, they should go to the general
fund.
The City Manager said, basically, what could be done is add a new
Section 13 indicating that the fees charged in Section 6 of this
resolution shall go to the wastewater, treatment enterprise
account, and the fees in Sections 7 and 91shall go to the general
fund. This could be added as a new Section 13, and the existing
Section 13 could become Section 14. The resolution can be adopted
tonight with the understanding this change would be done.
Mayor Leja asked who would monitor this dumping, with the City
Manager answering that Larry Laws would be doing this, and if they
come in at night or on the weekend, the computer records document
exactly who it is.
There were no other questions or comments from the Council.
RESOLUTION NO. 1992 -05 - Setting Fees and Procedures for
ruckload Dumping of Septic Tank and Cesspool Pumpings at the
Wastewater Treatment Plant, and Rescinding Resolution No. 1990-
16.
Motion by Council Member McLaughlin, second by Council Member
Brey, to adopt Resolution No. 1992 -05, with the change made adding
a new Section 13 as discussed.
Page 3
AYES: Council Member
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
END PUBLIC HEARINGS.
Beaumont City Council
January 27, 1992
Brey, McLaughlin, Parrott, Russo and
7. Request from Mayor Leja for Reconsideration of Request from WDS
Development for Twenty -Five Sewer Permits. (January 13, 1992
agenda, Agenda Item No. 6 - Denied on vote of 3 -2).
Mayor Leja said she requested this be reconsidered because there
were some questions that came to mind later in the evening of the
preceding meeting in regard to the average of people the City has
had who have requested sewer permits in the past couple of years;
the legalities and the cost that would be associated for the
homeowners in the septic tank issue; and, basically, to give Mr.
Simonian another opportunity to tell the Council what he wants.
Mr. Wayne Simonian, 5206 Benito Street, Montclair, addressed the
Council stating that basically he just feels that they have a
right to the twenty -five sewer connections if there are thirty -
eight of them available currently. He continued that he felt they
were probably about the largest developer in the last several
years in the City, and he did not know of anyone waiting in line
for the thirty -eight connections. Of the one hundred lots they
started out with, they have completed seventy five, and the intent
was to build out the one hundred lots with the understanding they
would be pulling one hundred sewer permits.
He concluded that they cannot see any reason why they should not
be entitled to the twenty -five permits.
Mayor Leja asked for clarification that the City is not giving any
sewer hook -ups out right now for development, with the City
Manager confirming this is correct. She then asked if the City
has established a criteria of who will receive sewer hook -ups,
with the City Manager stating they are only being given to
individual residential lots or commercial.
Mayor Leja then wanted to know when they established this
criteria, with the City Manager answering it would be at least two
or more years ago, although he could not give the exact date at
this time.
Mrs. Leja continued that her biggest concern is whether or not any
other developer had come in after Mr. Simonian had been refused
the full 100 connections.
The City Manager
would need 100
approvals, other
However, when the
permits would be
were issued.
replied that from the time WDS indicated they
permits until they had received their plan
permits were issued to other developers.
point was reached when it was determined no more
issued for multiple development, no more permits
Mayor Leja then asked if most of these were large developments,
with the City Manager saying no - the largest one was thirty -five
permits, and a thirty -two or thirty -four, and maybe a twenty.
Mayor Leja then brought out the other side of the coin, and the
headaches it is going to cause the homeowners to have to hook up
to a septic tank now, and connect to the sewer later, with the
City Manager responding that with the proper design, there would
be a small area of lawn taken up in order to take the plug out of
the main sewer line, and to fill the septic tank with sand.
Mayor Leja wanted to know if the City could get sued if they give
WDS the permits tonight because others had been refused permits
previously and might only have needed twenty.
Page 4
Beaumont City Council
January 27, 1992
The City Attorney said requesting permits is not the key concept,
paying for the permits is the determining factor as to when the
permits are issued. 11
The City Manager disagreed, clarifying that if the City had taken
money for these permits, they could have`.been off the books for
three or four years, and nobody would be able to build, so the
City did not take any money until they wei+e ready to take out the
building permits, which is when sewer permits are issued. In
this case, when they were ready to take out building permits, the
number of connections left had been reduced considerably,
therefore, he was given 75 permits instead of 100.
Mayor Leja asked if there was anyone who had permits at this time
who are not using them. The City Manager responded there are some
being built right now who will be using,permits. In addition,
there are some permits being held by the Aware property north of
Cougar Way, and the Shelton property south of Cougar Way, that
were purchased through an assessment district, as well as 100
permits held through an old agreement at Highland Springs Village.
Council Member Russo wanted to know if these permits could be sold
by the developer, with the City Manager advising the ordinance
does not allow the movement of permits from one piece of land to
another, which is good because if they could be sold someone else
would make a profit on the City's sewer permits.
Mayor Leja asked if everyone would be transferred to the new sewer
plant when it is completed, with the City'.Manager confirming this
would be the case.
Mr. Russo asked to make a comment in favor of issuing these
permits as he believes it would be in the!City's best interest to
allow WDS to build the 25 homes on the sewer line. He didn't see
the logic of putting septic tanks in the middle of brand new homes
and eighteen to twenty -four months later ripping up lawns and have
septic tanks in a residential area, when the City has tried to
stay away from that. He reiterated that he just did not see the
logic of putting septic tanks in the development when the City has
permits available, and he thinks the City should issue those
permits.
Motion by Council Member Russo, second by Council Member Brey, to
grant the twenty -five permits to WDS Development, Inc.
Following the motion by Council Member Russo, the City Attorney
pointed out there was a request for reconsideration which must be
voted on prior to a vote on the issuance of the permits.
Motion by Council Member Russo, second by Council Member Brey, to
reconsider the request from WDS Development for twenty -five sewer
permits.
AYES: Council Member Brey, Russo and Mayor Leja.
NOES: Council Member McLaughlin and Parrott.
ABSTAIN: None.
ABSENT: None.
MOTION CARRIED
Motion by Council Member Russo, second by Council Member Brey, to
grant WDS Development twenty -five sewer permits.
AYES: Council Member Brey, Russo and Mayor Leja.
NOES: Council Member McLaughlin and Parrott.
ABSTAIN: None.
ABSENT: None.
MOTION CARRIED.
8. Request from WDS Development for Permission to Install Septic
Tanks on an Interim Basis Prior to Availability of Capacity in the
Regular Wastewater System. (Tract 2316'1 -1). (Continued from
January 13, 1992).
Page 5
Beaumont City Council
January 27, 1992
No action was required on this agenda item due to granting of the
sewer permits.
9. Consideration of Applications to Fill Four Positions on the Senior
Citizen Advisory Committee.
The City Manager presented his report, 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 McLaughlin, second by Council Member
Parrott, to appoint Mr. Joe Kirk and Mr. William Henley for full
two year terms on the Senior Citizens Advisory Committee.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
10. Consideration of Claim for Damages Resulting from a Blockage in
the City's Main Sewer Line.
The staff report was received from the City Manager, a copy of
which is a matter of record in the Clerk's file. This report
included a recommendation for approval of this claim.
The City Manager answered a question from Council Member Brey
concerning the lost wages to the effect that the City is paying
an amount claimed for the total amount of wages lost, and does
not get involved in the withholding or benefit aspect of it.
There were no other questions or comments from the Council.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to approve payment for Mrs. Karen Adam's damaged
property in the amount of $2,895.00, and lost wages in the amount
of $502.48, totaling $3,397.48.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
11. Request to Declare 1977 Chevrolet Van and 1983 Ford Van Surplus
due to High Mileage and Age. (Continued from November 25, 1991).
The City Manager presented his report with a recommendation for
approval of this request. A copy of this report is a matter of
record in the Clerk's file.
Council Member Russo brought up the fact the City is currently
transporting inmates from the road camp as day labor, and wondered
why the City could not retain at least one of these buses to use
for transporting these inmates, which would result in being able
to use more than is currently possible by transporting in a car.
He then asked if these vehicles are simply not usable or what.
The City Manager said the City would prefer not to have them in
the inventory because parts are getting very difficult to find, as
well as becoming very expensive. He then suggested the Council
might wish to hold this agenda item over to allow him to check to
see if the public works employees presently transporting the
inmates would have to qualify as bus drivers in order to transport
them in a van. The Dial -A -Ride system drivers all have to go
through extra training and are certified by the CHP before they
can drive a Dial -A -Ride vehicle.
Council Member McLaughlin asked how many miles we are transporting
Page 6
B- ^ --mont City Council
January 27, 1992
1
these inmates, since one of the reasons it has been suggested the
vehicles be declared surplus is because of high mileage, and could
the City possibly be faced with breakdowns while transporting
these men.
The City Manager said the distance to thejBanning road camp is not
that far, but he does need to check with the Vehicle Maintenance
Supervisor to get his opinion regarding utilizing one of the vans
in this manner.
Council Member Brey wanted to know if there are any special
requirements to transport the trustees, and what would it take to
improve the vans.
The City Manager indicated it was not a case of improving the
vans, but whether or not they are that dependable.
Council Member Brey continued that you probably just couldn't have
them get into a regular car and drive thelq down the road, with the
City Manager pointing out the City is transporting them in a sedan
at the present time, with each trustee required to have a
seatbelt, and that is the only requirement he is aware of. He
stated further that the dial -a -ride vans do not have seatbelts,
and that is something else that would have to be checked.
Council Member
case something
trucks used by
have seatbelts.
McLaughlin brought up the,question of liability in
does happen, with the CityManager pointing out the
the fire department to transport trustees do not
Mayor Leja asked what
been declared surplus,
auctioned off through
City.
is done with the vehicles after they have
with the City Manager advising they are
an auction house contracted with by the
There being no objections from the Council, this agenda item was
continued to February 10, 1992.
12. Authorization to Post Thirty Day Notice' to Fill Vacancy on the
Planning Commission.
Mr. Bounds presented his report, a copy of which is a matter of
record in the Clerk's file, outlining the procedure to be
followed in making an appointment to fill the vacancy on the
Planning Commission due to the death of Rex Ring.
There were no questions or comments from the Council.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to authorize the posting of a thirty day notice to fill
the vacancy on the Planning Commission 'created by the death of
Rex Ring, with applications to be s6bmitted no later than
February 28, 1992. 1
AYES: Council Member Brey, McLaughlin,'Parrott, Russo and
Mayor Leja.
NOES: None. r
ABSTAIN: None.
ABSENT: None.
13. CONSENT CALENDAR - All Items Listed Und�r the Consent Calendar
are considered to be routine by the City Council and will be
approved on one motion. There will be �o separate discussion of
these items unless a Council Member or ;Citizen so requests, in
which case the item will be removed from Ahe Consent Calendar and
considered separately.
a. Approval of Minutes of Regular Council Meeting of January 13,
1992.
b. Approval of Warrants as Audited perWarrant List of January
Page 7
Beaumont City Council
January 27, 1992
27, 1992, in the amount of $64,381.28; Payroll of January 2,
1992, in the amount of $63,949.75; Special Payroll of January
16, 1992, in the amount of $447.45; Payroll of January 16,
1992, in the amount of $66,346.90 and Special Payroll of
January 17, 1992, in the amount of $1,636.50.
C. Request from Hope, Empathy, Love & Prayer (H.E.L.P.) for One
Year Extension on Lease of City Property.
Council Member Russo asked to read the report from the H.E.L.P.
organization concerning the help they provided to the needy in the
community this last year. He then read the report in its
entirety. A copy of this report is a matter of record in the
Clerk's file.
Motion by Council Member Russo, 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.
Date set for next regular Council Meeting, Monday, February 10,
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 8:23 p.m.
Respectfully submitted,
IA /
'�
Page 8
Wef tv- S
BEAUMONT CITY COUNCIL
MINUTES OF
FEBRUARY 10, 1992
The Beaumont City Council met in a regular meeting on Monday,
February 10, 19920 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 McLaughlin, who then led
the Pledge of Allegiance to the Flag.
1. Clerk's Affidavit of Posting.
The Clerk's affidavit of posting the agenda was read into the
record by the Deputy City Clerk.
2. Adjustments to Agenda.
There were no adjustments to the agenda.
3. ORAL COMMUNICATION:
There was no one requesting to speak during oral communication.
4. Consideration of Applications Received for Appointment as City
Treasurer.
The City Manager pointed out the agenda packet contained only
those applications for City Treasurer which had been received by
his office. Any others which may have been submitted to the
Council directly were not included in the packet.
He then presented his report calling attention to the fact that if
an appointment is not made to fill the vacancy at this meeting, a
special election will have, to be called, at a cost of a minimum of
$8,000.00 plus.
Council Member Russo asked for an overview of the duties and
responsibilities of the City Treasurer, with the City Manager
responding that, basically, the duties are whatever the Council
would like for the City Treasurer to do. It is more of an audit
type situation as they are not required to come in and actually
perform day to day duties.
He continued that if the Council desired reports to the Council
regarding the financial statements, etc., that request can be
made.
Council Member Russo advised that the only other applicant, Mr.
Greg Barker, had withdrawn his application due to personal
problems.
Council Member Russo nominated Mr. Don Keesling as the City
Treasurer.
Council Member Brey nominated Mr. Larry Israelson as City
Treasurer.
Council Member McLaughlin nominated Peggy Sumner as City
Treasurer.
Council Member Brey moved that nominations be closed.
Mr. Bray then made comments in favor of his nominee, Larry
Page 1
Beaumont City Council
February 10, 1992
Israelson.
At the request of Council Member Russo, the two applicants who
were present at the meeting, Mr. Keesling and Mr. Israelson,
addressed the Council, confirming they each met the basic
qualifications for serving in this capacity, and stating their
reasons for requesting to be appointed as City Treasurer.
Council Member McLaughlin spoke in favor of his nominee, Peggy
Sumner.
ROLL CALL VOTE ON NOMINATIONS FOR CITY TREASURER:
Council Member Brey: Israelson.
Council Member McLaughlin: Sumner.
Council Member Parrott: Israelson.
Council Member Russo: Keesling.
Mayor Leja: Keesling.
This roll call vote resulted in a tie vote for Israelson and
Keesling.
SECOND ROLL CALL VOTE FOR CITY TREASURER ON THE TIE VOTE:
Council Member Brey: Israelson.
Council Member McLaughlin: Keesling.
Council Member Parrott: Keesling.
Council Member Russo: Keesling.
Mayor Leja: Keesling.
Mr. Donald Keesling was appointed as City Treasurer on a vote of
4 -1.
5. Request to Declare 1977 Chevrolet Van and 1983 Ford Van Surplus
due to High Mileage and Age. (Continued from January 27, 1992).
A report was presented by the City Manager with information that
RCTC felt the cost to the City for the 1977 Chevrolet 6 passenger
van would be $2,425.00, which would be the difference between the
low blue book and high blue book price. Additionally, if the van
is retained by the City, Mr. Swoda has recommended it be painted
at an approximate cost of $350.00. A copy of this report is a
matter of record in the Clerk's file.
The City Attorney pointed out that in his experience with
auctions, they usually go for 50% to 60% of low blue book, and
wondered if this van would be worth that price, with Council
Member Russo agreeing the City would be paying too much for it at
the price indicated by RCTC.
Council Member McLaughlin also questioned whether it would be
worth the cost for the uses which have been proposed for this van.
Discussion continued concerning the pros and cons of purchasing
this van, the funding source for the purchase, and the cost
savings to the City by use of additional trustees made possible
by transporting in the van. The funding source would be Article
4 monies, with maintenance paid from the general fund.
John Swoda, Vehicle Maintenance and Transit Superintendent,
answered questions from the Council concerning the condition of
the 1977 Chevrolet van.
Page 2
Beaumont City Council
February 10, 1992
The City Manager recommended that if the Council would set a price
they were willing to pay for the van, the City could make an offer
directly to the Riverside County Transportation Commission.
Motion by Council Member Brey, second by Council Member Parrott,
to declare the 1977 Chevrolet van and the 1983 Ford van surplus,
and further direct that an offer of $1,000.00 be made for the
1977 Chevrolet van.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to authorize staff to seek a bid for painting the van,
with a maximum cost of $300.00.
MOTION WITHDRAWN.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to authorize staff to obtain three bids for painting of
the 1977 Chevrolet van.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
6. Consideration of Holding a Team Building and Goal Setting
Meeting.
Mayor Leja indicated she had requested this item to be placed on
the agenda, as she felt - as did other Council Members who had
also requested consideration of this item - it was time for the
City to sit down and develop a vision for the City, quoting from
Proverbs, "Without a vision the people will perish ". She went on
that you see so many cities in this State perishing now because
there was not a vision.
What she basically would like to see is the Council work as a
team, discuss what they feel is important for the community, where
they have been, where they want to be, and how they are going to
get there.
She then asked, if there were no objections, that a date be set
for this meeting, feeling it would take the better part of a day.
It was agreed the meeting should be held on a Saturday, with March
14 appearing to be the best date for everyone. All Council
Members were asked to submit any suggestions they would like to
have discussed at this meeting to the City Manager by the end of
February.
This matter will be brought back at the regular meeting of
February 24, to set the time and place for this meeting.
7. Discussion Regarding Formation of Redevelopment Agency.
The City Manager presented his report, a copy of which is a matter
of record in the Clerk's file.
Discussion followed, with questions being asked by the Council
concerning what is involved in the formation of a Redevelopment
Agency and start -up funding.
Council Member Russo wanted it clear for the record that any
monies used by the City to start a redevelopment agency would be
loaned to the agency for its formation, and would be paid back to
Page 3
Beaumont City Council
February 10, 1992
the City with interest.
He then summarized that it appeared the Council would need to 1 )
decide whether they want a redevelopment agency; 2) what would the
project area be; and 3) the order to proceed with the basic study.
The City Manager suggested that if the desire is to go ahead they
should send requests for proposals to other agencies. He then
gave a lengthy explanation of the monies a redevelopment agency
receives from the tax dollar.
Discussion continued, with questions asked by the Council
regarding specific areas of concern.
It was determined the City Manager would obtain something in
writing regarding any innovative way for the City to pay start-
up costs, rather than asking a consultant to make a verbal
presentation to the Council, with the City Manager presenting this
information to the Council at the next regular meeting on February
24, 1992.
Motion by Council Member Brey, second by Council Member Russo, to
issue a thirty -day Request for Proposal to establish a
Redevelopment Agency, with this proposal to include methods of
start -up funding to prepare a plan.
AYES: Council Member Brey, Parrott, Russo and Mayor Leja.
NOES: Council Member McLaughlin.
ABSTAIN: None.
ABSENT: None.
8. Council Committee Reports.
Finance Committee:
Council Member Russo reported that the Finance Committee did not
have a meeting in January as their work had been accomplished in
going through the budget, and they have not met formally since the
adoption of the budget. He did request the Council to authorize
the Finance Committee to meet monthly with the City Manager, the
Finance Director and perhaps the City Treasurer to discuss any
issues of financial matters which may come up so they can be
prepared to report to the City Council on any issues they feel are
pertinent.
There was no opposition from the Council regarding Mr. Russo Is
request.
City Attorney Search Committee:
Council Member Parrott reported that in the search for the City
Attorney they have received five applications at this time, with
fifteen request for proposals being sent out to be submitted no
later than February 15. When they have all been received he would
then want the City Council to review the applications in order to
make a selection.
Water Committee:
Council Member McLaughlin reported that the Water Committee and
the City Manager met informally with Chuck Butcher and Roland
Russell, of the Beaumont - Cherry Valley Water District. The
committee presented the City's side of the issue, and he felt the
meeting was a very worth while meeting, with many of the
differences ironed out satisfactorily, and a discussion of the
problems they are facing in the future, with possible methods
which they may be able to utililize to overcome some of these
problems as a unit rather than from opposite ends.
He was very pleased with the meeting, feeling the time was well
Page 4
Beaumont City Council
February 10, 1992
spent, and he recommended the meetings be continued.
The City Manager added that three items were placed on the table
at this meeting. Basically, those things that were looked at from
the City's side, in order to build a wastewater treatment plant
that has the capacity for 10,000 equivalent dwelling units, it is
necessary to have water available for connections to those 10,000
EDUs. One of the ways this was worded was on the possibility that
the Beaumont - Cherry Valley Water District provide to the City
10,000 unconditional will -serve letters. The reason for this is
you wouldn't want to have one of the will -serve letters not go
with one of the wastewater connections.
Secondly, to provide the Beaumont- Cherry Valley Water District
with something they would need, would be to know that the State
contract water would be brought to the area, therefore, it was
indicated from the Beaumont side that the City would be willing to
require developers to provide a funding mechanism to guarantee the
pro rata share of that pipeline and water treatment plant that
would be served by those people. This can be done in a number of
ways - through fees - through a Mello -Roos that is sold when it is
needed, etc.
Thirdly, it was felt that the
a memorandum of understanding
Pass Water Agency, having to
the facilities have been bui
water from those facilities.
the Pass Water Agency.
City should have as a party to this,
with the water district and with the
do with the water availability when
It that we have the ability to take
This still has to be negotiated with
Mayor Leja said the only thing she had to add is the Chairman of
their Board has requested the City have a Council Member to
represent the City as a liaison to the Water District meetings, and
she would like for Mr. McLaughlin to serve in that capacity.
There were no objections from the Council for Council Member
McLaughlin to serve as the liaison to the water district meetings.
There was no report concerning the school mitigation fee task
force meetings, as the new draft memorandum of understanding has
just been received and has not yet been reviewed.
9. CONSENT CALENDAR - All Items Listed Under the Consent Calendar
are considered to be routine by the City Council and will be
approved on one motion. There will be no separate discussion of
these items unless a Council Member or Citizen so requests, in
which case the item will be removed from the Consent Calendar and
considered separately.
a. Approval of Minutes of Regular Council Meeting of January 27,
1992.
b. Approval of Warrants as Audited per Warrant List of February
10, 1992, in the amount of $421,575.18; and Payroll of January
30, 1992, in the amount of $64,084.50.
c. RESOLUTION NO. 1992 -06 - Approving Parcel Map No. 24806 and
Authorizing Recordation Thereof. (Higdon /Isgro).
d. RESOLUTION NO. 1992 -07 - Ordering Territory Designated as
LA CO No. 91-46-3t City of Beaumont 91- ANX -1 -49, Annexed to
the City of Beaumont. Applicant: Yung Tai Development and
Management Co. Location: Generally Located on the west side
of Sunnyslope Avenue, north of Cougar Way and south of
Brookside Avenue. (11345 Sunnyslope Avenue).
Motion by Council Member McLaughlin, second by Council Member
Russo, to adopt the consent calendar as presented.
Page 5
Beaumont City Council
February 10, 1992
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Date set for Next Regular Council Meeting, Monday, February 24, 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 8:35 p.m.
Respectfully submitted,
City Clerk
Page 6
BEAUMONT CITY COUNCIL
MINUTES OF
FEBRUARY 24, 1992
The Beaumont City Council met in a regular meeting on Monday,
February 24, 1992, 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 HEARINGS - 7s00 P.M.:
4. REQUEST FOR PUBLIC INPUT FOR UTILIZATION OF 18TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS.
The City Manager submitted his staff report, a copy of which is a
matter of record in the Clerk's file.
The public hearing was opened at 7 :10 P.M.
Dr. Margot Burke, Principal of Wellwood School, 715 Wellwood
Avenue, Beaumont: I just wanted to take the opportunity to thank
you for even looking at our proposal. And just take a moment to
remind you of some of the problems that we see at Wellwood that I
think clearly show the problems in the community.
One major problem that we see at Wellwood is that out of 450
students, and we only serve five, six and seven year old students,
over 250 of those students qualify for free lunch. And that means
that they are very definitely low- income. Out of those 450
kindergarten and first grade students, over half of those students
come from a single parent family. Out of those single parent
families, a large percentage - not the majority - but a large
percentage of those parents do not read. And that is one of the
reasons we are looking at the Partnership Literacy Program.
We believe when your five year old starts school, you may be more
inclined to come in and work teaching your child how to read, and
really learning how to read yourself. So we feel there is a cross
purpose here. That both the children and the parents can receive
some assistance, and we feel it is a partnership of the community
and this city.
Are there any questions about our grant. I know we did this very
quickly, and we understand that if we were considered we would
complete a thorough application. But are there any questions now
that I can answer.
Mayor Leja: Council Member McLaughlin.
Page 1
Beaumont City Council
February 24, 1992
Council Member McLaughlin: No, I don't have anything.
Mayor Leja: Mr. Russo.
Council Member Russo: Yeah. Just out of curiosity, with the
equipment that you are requesting to use, how do you propose to
use it in such a way to utilize its full potential to reach as
many parents and children as possible.
Dr. Burke: One of the focuses that has not been put down in the
letter is the use of volunteer liaison. We already utilize our
classified positions to have community and parent outreach. To
capitalize on those positions to reach out to the community, and
get those parents in. We have done it so far based on our "need
for volunteers ", and we have gotten parents who normally would
never come to the school to come and volunteer. It would be under
the guise of that program that has already been established.
We feel that we have over two hundred volunteers right now, and of
that I would say a little under half are parents that perhaps
can't read, or need some service. And so, that is how they would
be directed then - to help their child learn to read. We do see
it as a daily program.
Council Member Russo: Okay, that - so it would be part of the
curriculum for some of those students, or would it be after
school.
Dr. Burke: It is really after school.
Council Member Russo: Okay.
Dr. Burke: We are looking at it, I think, to make sure we qualify
for the money, it does have to be out of the regular school day.
And so we are looking at after school - and the use of a liaison -
then with volunteers to help as well.
Council Member Russo: Thank you.
Mayor Leja: Council Member Brey.
Council Member Brey: Yes. Would you be overseeing the project.
Dr. Burke: Well, as the site manager, I would take that
responsibility. I know that there is some documentation, and on-
going monitoring that is required, and I would be responsible to
do that. I, of course, would delegate as much as I could. To
get some other staff. And, again, we have a core group of
volunteer parents that are very committed, and I would get them
involved as well.
Council Member Brey: So you wouldn't be using very much of your
own staff then. Relying mainly on volunteers, is that it?
Dr. Burke: That is correct, although our community or volunteer
or coordinative liaison would be a staff member. So, part of the
in -kind match, if you would, from the school district would be
part of my hours - well, the hours of that position.
Council Member Brey: I see.
Mayor Leja: Council Member Parrott, do you have any questions or
comments.
Council Member Parrott: Yes, what would this be for - a year -
a year at a time.
Dr. Burke: Well, I spoke to Mr. Bounds, and it looks like there
really is a need for a commitment for longer than a year. And
so, we are looking at a five year program. However, the financial
request that we are offering is only for one year. We really feel
Page 2
that we can help keep that program
equipment and software.
Council Member Parrott: I see.
Mayor Leja: Any other questions or
Beaumont City Council
February 24, 1992
alive once we have the
comments at this time.
Council Member Bray: Yes. All you are asking here is just for
the equipment, and then you will staff it some other way then.
Dr. Burke: That is correct. I suppose - I call it in -kind of
match, if you will, that we will staff it, as well as the
facility. We will provide the space and the upkeep of that space.
We really feel we just can't buy the equipment. We don't have the
funds to buy the equipment to get started.
Mayor Leja: Is there the potential to develop this program to
something more than a parent /child. Maybe this being the first
step of gradually bringing in software that deals with foreign
languages that help in english speaking and that type of thing.
Dr. Burke: That would be part of our program because we do have
about 38% of our parents that don't speak english. It is
primarily spanish, although we have some other languages. Also,
even though, primarily, it is the parent /child program, this, we
feel, needs to be offered to all adults in Beaumont to qualify for
these monies. How I foresee doing that is having them become
volunteers, so they can be tied in, because I still feel self -
esteem and commitment of adults is increased when, in fact, they
have a comfortable way of learning how to read. And that is
because they are there for children, not there because they can't
read. Once you get to be thirty, and you can't read, it can be
embarrassing. So you need to give them an out as to why they are
there. So we tie them in with other children.
Mayor Leja: Any other comments. Any other questions. Thank you.
Dr. Burke: We appreciate you even considering this. Thank you
very much.
Mayor Leja: Is there anyone else who would like to speak on Item
No. 4. Yes sir, please come up.
Larry Israelson, 1253 Chestnut Avenue, Beaumont: This is a little
bit impromptu, but I thought I would like to follow up a little
bit with what was just said.
I have the deepest and most sincere admiration for Principal Burke
and what she has been trying to do over at Wellwood. And I would
just like to put my two cents worth in that I think if the funds
can be spared, it would be a great idea to help Wellwood in this
effort, because my daughter attended kindergarten in another City
in Riverside County, and first grade at Wellwood, and the
experience that she got from that school was much more positive
than what happened in the other town.
And I think the earlier we work to help our children, the better.
And the reason it is important to get the parents involved as well
is I have seen it in families that I know personally, when the
parents have trouble with the language, have trouble with reading,
it holds the child back, because children are very confused when
they feel that they have more intelligence than their parents.
They almost unconsciously pull themselves back because they don't
like to show their parents up or embarrass them. And it prevents
them from achieving as well. So there is a dual benefit here,
both to the children and to their parents.
Thank you very much.
Mayor Leja: Thank you. Is there anyone else who would like to
speak on Item No. 4. Anyone else who would like to speak on Item
No. 4. Anyone else who would like to speak on Item No. 4.
Page 3
Beaumont City Council
February 24, 1992
The public hearing was closed at 7:17 P.M.
a. Discussion Relative to Proposed Projects for use of 18th Year
CDBG Funds.
Mayor Leja asked for questions or comments from Council
Members or the City Manager concerning proposed projects.
Council Member Parrott wanted to know if a request such as the
one received from the school district falls within the purview
of a CDBG grant.
The City Manager
could be held to
programs, or one
That will not be
be made in full
lessening of the
advised there is the possibility this request
15% of the total grant, or $9,000.00 for both
program if that is what the Council selected.
known until later, so any application has to
to determine whether or not there may be a
amount.
This does happen to be one of the items that has a 15% limit
on it. Many of the things the City does - regular
infrastructure for the City, etc. - are 100% grants. But
there are grants in the public sector that are only good for
15 %.
Council Member Russo asked if these were all the requests
which have been received - with the City Manager acknowledging
this is all, however, there were a couple of other people who
indicated they would try to get something in, but apparently
were unable to make it.
Council Member Russo then asked if the time limit was over
within which they could accept applications, with the City
Manager advising they could still accept additional
applications, however, the City's application is supposed to
be filed by March 12. So, if this were held over to March 9,
it would only allow a few days to complete and file the
application by the 12th.
Mr. Russo then inquired of the City Manager if he had any
proposals for use of these funds by the City.
Mr. Bounds said he had looked at a number of items, (and there
are obviously a lot of items which could be looked at),
however, the one item that he felt had not been done justice
to is Rangel Park. The City will have completed all the work
in Stewart Park within the next thirty days. When the 17th
year funding is received there is some money allocated for a
large piece of playground equipment, and three small items, in
Rangel Park.
Additionally, the 17th year funds are to be used to restore
the restrooms at Rangel Park, put in some additional tables
and benches, some bleachers around the ball field, and to
hydroseed the entire park area.
He went on to say he had gone by Rangel Park today and looked
at the remaining equipment, and some of it needs to be
replaced as it is passed the point of no return and could
cause damage to people. If the Council could allocate as much
as $10,000.00 for more playground equipment in Rangel Park, it
would certainly help to continue to upgrade this park, which
is used very heavily.
Council Member McLaughlin asked how much more needs to be done
in the multi - purpose room to complete it, with the City
Manager again advising that when the 17th year funds are
received, a portion of that funding is to be used to install
fans to distribute air, and ceiling baffling because of the
poor acoustics. Should the Council wish to add anything else
over that, it would have to come from 18th year funds.
Page 4
Beaumont City Council
February 24, 1992
He continued that it is a qualified project, and we have been
doing something each year, with this being the third year.
Two years were put together to do the major renovation. Since
the renovation, the room is being used by the community more
than it has ever been used before.
Mayor Leja then asked for suggestions from the Council, at
which time the City Manager provided them with a broad list of
areas which would qualify as projects for this funding.
For the benefit of the audience, Mayor Leja read the list as
follows:
Eligible activities or services would be parks, roads, water
lines, sewer lines, flood control, fire protection, community
center, senior center, new housing, repair housing, public
service programs, business development, handicapped
facilities, child care facilities, streetlights, sidewalks,
curbs and gutters.
As a matter of information, the City Manager advised that it
appeared the funding for the senior home repair program would
be taken "off the top" this year, with each city paying their
pro rata share, rather than each city designating an amount
for this program from their funds. He said this is an
excellent program which is used heavily by the seniors in the
City.
Discussion continued regarding whether or not the Council
needed to make a decision tonight on what projects would be
funded, or whether there was time to bring the discussion back
to the next meeting on March 9.
The City Manager called attention to the fact the Council has
been presented with a second request from the school district
for funding (in the form of a written request) in addition to
Dr. Burke's request. It was his suggestion Council should
select a priority if they were going to recommend fully
funding both of the school proposals, rather than have them
both get to Riverside and both lose, whereas if the Council
requested one or the other as a priority, the Board of
Supervisors would probably accept that.
During this discussion, additional questions were asked of Dr.
Burke concerning what the impact of not being fully funded
would have on her proposal, with Dr. Burke indicating there
were a lot of options available to them, and they would work
with whatever funding they received.
Dr. Burke continued that, so far as the request from Chavez
School for funds to provide library books, Joyce Pacheco, the
Principal of Chavez School who made the request, was unable to
be at the meeting tonight, therefore, she would answer any
questions the Council may have. She did state she felt it
should be up to the schools themselves to prioritize their
requests, rather than the Council. She went on that it was
essential that Chavez obtain some library books, as they have
none at this time.
Mayor Leja noted that the letter from Chavez had not been read
into the record. She then read the letter in its entirety.
This letter is a matter of record in the Clerk's file. The
request is for $20,000.00 to purchase library books for the
library at Chavez School, which is the new year round
elementary school.
Mayor Leja asked if there were
— or any priorities the Council
— or anyone in the audience
comments so far as priorities.
any other questions or comments
would like to set at this time
who would like to make any
Page 5
Beaumont City Council
February 24, 1992
Alma Vrzal, 720 California Avenue, Beaumont, stated some of the
sidewalks in town are in great disrepair and should be fixed to
eliminate people falling.
b. Determination of Use of 18th Year Community Development Block
Grant Funds, and Authorization to Submit Application to
the Economic Development Agency.
There were no other comments or questions from the Council or from
any member of the audience, and there being no objections from the
Council, this agenda item was continued to the regular meeting of
March 9, 1992.
5. Presentation by Waste Management of Inland Valley Relative to
Recycling.
Mr. Greg Martin and Mr. John Sasine, representing Waste Management
of Inland Valley, gave a lengthy presentation covering recycling,
beginning with the history of recycling and the Integrated Waste
Management Act, the steps being taken by Inland to implement this
Act, and presenting an informational video describing the
facilities known as MRFs. Questions from the Council and
audience were answered following the presentation.
6. Consideration of Approval of Supplemental Agreement for 17th Year
Community Development Block Grant Funds and Authorization for
Mayor to Execute Same.
A staff report was presented by the City Manager, a copy of which
is.a matter of record in the Clerk's file. Mr. Bounds'
recommendation was for approval of the supplemental agreement.
There were no questions or comments from the Council.
Motion by Council Member McLaughlin, second by Council Member
Brey, to approve the Supplemental Agreement for 17th Year
Community Development Block Grant Funds, and authorize the Mayor
to execute same.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
7. Consideration of Approval of Auction Agreement with United
Auctions, Inc. for Auction Services to sell City -owned property
and Abandoned or Forfeited Property.
The City Manager presented his report, with a recommendation for
approval of this agreement. 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
Parrott, to approve the agreement with United Auctions, Inc., and
authorize the Mayor to execute same.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
B. Mortgage Credit Certification Program.
a. RESOLUTION NO. 1992 -08 - Authorizing an Application to the
California Debt Limit Allocation Committee and to Permit the
Issuance of Mortgage Credit Certificates in Lieu of Qualified
Mortgage Bonds.
Page 6
9.
Beaumont City Council
February 24, 1992
b. Approval of a Cooperative Agreement with the County of
Riverside Relative to the Mortgage Credit Certificate Program.
The City Manager's report was received, during which he described
the mortgage credit certificate program, and the fact the City
does not have enough homes being built at the present time to have
a program for the City alone. He recommended the resolution be
adopted, with the full amount of $20,000,000 being allocated, and
the cooperative agreement approved.
There were no comments or questions from the Council.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to approve the cooperative agreement with the County of
Riverside relative to the Mortgage Credit Certificate Program.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
a. Report from City Manager Regarding Methods of Financing Start -
Up Funding for Redevelopment Agency.
The City Manager stated that at the
were made that there were sources of
up costs for redevelopment agencies,
has found there are no funds availab
result the only way a redevelopment
project area selected, would have to
to the agency, which would then be
interest.
February 10 meeting comments
funds to help pay the start -
and in checking into this he
le for start -up costs. As a
agency can be formed, and a
be by the City loaning money
paid back to the City with
It was his recommendation that the sum of approximately $110,000
be loaned for this purpose from the sewer construction fund. He
clarified this is not from the fund to be used to build the new
sewer plant.
Council Member Russo said he would like to have more discussion on
how the City would fund the agency, with information concerning
pay back schedules, etc., as he is not sure of the impact on the
sewer construction fund.
The remaining Council Members agreed with Mr. Russo that it should
be reviewed more thoroughly before making a decision.
The City Manager was requested to bring additional information
back to the Council, with the City Manager suggesting the finance
committee would be meeting prior to the meeting of March 9, and
they could review the information and bring back a proposal to the
Council.
There were no objections from the Council.
b. Determination of Selection Process for Redevelopment
Consultant.
The City Manager requested direction from the Council concerning
the selection process they would like to see followed for the
redevelopment consultant. These proposals are due by 5:00 p.m.,
on March 2, and could possibly be brought forward to the Council
at the March 9 meeting, as a result, he needed to know whether or
not the Council wanted to use the committee form to interview the
consultants who have submitted proposals, or whether they want the
entire Council to meet in a regular meeting to interview them.
Discussion followed, with each Council Member making their
suggestion regarding the procedure to follow.
Page 7
Beaumont City Council
February 24, 1992
Motion by Council Member Brey, second by Council Member Russo, to
allow the City Manager to do the initial screening and bring the
three best consultants, with a recommendation, back to the full
Council as soon as possible.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
10. Consideration of Adoption of an Evaluation Form for Appointed
Employees.
Mayor Leja said it was recommended by the League of California
Cities that all appointed employees, in this case the City Manager
and the City Attorney, should be evaluated on a periodic basis,
and at the present time the City does not have a formal process
for doing this.
She continued that the Council had previously tried to come up
with a City Manager evaluation form, but were never able to put
anything together, so she has taken the liberty of taking the
samples and putting a combination together in a simple format
for the City Manager. She has not completed the form for the City
Attorney as she is still waiting on information from the League of
Cities.
She provided copies of the suggested format to members of the
Council, and asked if they wanted to take a brief break and review
the form, making any changes or comments they might have.
It was a consensus of the Council they would like more time to
review the suggested evaluation form, and there being no
opposition, this agenda item was continued to the regular meeting
of March 9, 1992.
11. Council Committee Reports.
Mayor Leja asked if there were any committee reports at this time.
Finance Committee:
Council Member Russo stated there was nothing to report tonight,
however, they will be meeting before the next Council meeting and
a report will be submitted at that time.
Water Committee:
Council Member McLaughlin reported there is no report at this
time, but there will be a meeting Thursday afternoon, and he will
have a report at the next Council meeting.
City Attorney Search Committee:
Council Member Parrott indicated the search committee has received
approximately ten applications for City Attorney and are reviewing
them at the present time. It is their intention to narrow the
field down to about four individuals, and they will be bringing
those to the City Council meeting on March 9.
School Mitigation Task Force Committee:
The City Manager stated that the last word he had was that a
proposal would be coming to the Council either March 9 or March
23.
Page 8
Beaumont City Council
February 24, 1992
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 February 10,
1992.
b. Approval of Warrants as Audited per Warrant List of February
24, 1992, in the amount of $101,604.23; Special Payroll of
February 13, 1992, in the amount of $1,127.74; and Payroll of
February 13, 1992, in the amount of $609757.80.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to adopt the consent calendar as presented.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
13. Set Date, Time and Location of Either a Special Meeting or Study
Session of the City Council for Team Building and Goal Setting.
It was brought out that the previous date of March 14, which had
been suggested as the date for this meeting, was the date the
Mayors' and Council Members' conference will be held in Blythe,
and members of the Council will be attending that meeting.
Other dates were discussed, with March 28 appearing to be the date
acceptable to all.
Council Member Russo requested a proposed agenda for the meeting
be prepared and presented to the Council at the meeting of March
9.
It was a consensus of the Council that a proposed agenda for the
team building and goal setting meeting would be brought back to
the Council at the March 9 meeting, with the Mayor and City
Manager preparing this agenda. The Council was reminded they had
been requested to turn in any suggested agenda items to the City
Manager by Friday, February 28.
There being no opposition, this agenda item was continued to the
regular meeting of March 9.
14. Recess to Closed Session Pursuant to Government Code Section 54957
to Consider Public Employee Personnel Matters.
It was determined there was no need to recess to a closed session
at this time.
Date set for next regular Council meeting, Monday, March 9, 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 9:15 p.m.
Respectfully submitted,
/ = /
Page 9
BEAUMONT CITY COUNCIL
MINUTES OF
MARCH 9, 1992
The Beaumont City Council met in a regular meeting on Monday,
March 9, 1992, 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 Mayor 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 Leja requested that Items No. 10 and 14 be removed from the
agenda, with there being no objections from the Council.
3. Introduction of Chief of Police Patrick Smith and his wife,
Gloria.
Mayor Leja welcomed Chief Smith and his wife to the City of
Beaumont, stating they were very excited to have them here.
She then wanted the audience to know of the intense process Chief
Smith went through prior to his selection as the new Chief. This
process included three committees composed of professionals in the
law enforcement area, staff members from within the City, as well
as citizens from the community.
She thanked Mr. Neil Corbett, Mr. Chuck Freeman, Mr. Toni Daniels,
Mr. Bob Poeschell and Dr. Blair Ball, the citizens committee; the
Banning City Manager, Ray Schweitzer, Mr. Cois Byrd, Sheriff of
Riverside County and Chief Sonny Richardson, Chief of the
Riverside City Police Department, the law enforcement
professionals; and City staff employees Mary Blankenship, Ronney
Wong and Sohn Swoda.
She went on that the applicants who were interviewed had to go
through intense question and answer periods with the three
separate committees, which was a day long process.
She concluded with her personal congratulations to Chief Smith on
his selection as the new Chief.
4. ORAL COMMUNICATION:
There was no one requesting to speak during oral communication.
5. a. Discussion Relative to Proposed Projects for use of 18th Year
CDBG Funds. (Continued from February 24, 1992).
The City Manager presented his staff report, a copy of which is a
matter of record in the Clerk's file. In addition to the request
from Alternatives to Domestic Violence and the two requests from
the Beaumont Unified School District discussed at the meeting of
February 24, 1992, a third request from the Palm School Extended
Day Care Program was received following that meeting. Mr. Bounds
advised that the City's representative at the Economic Development
Agency informed him the request from Palm School would not qualify
for funding, with part of the problem being the fact they charge
for the services rendered.
Page 1
Beaumont City Council
March 9, 1992
He advised further that EDA indicates the two school requests
combined would qualify for only 15% of the total funding, as they
are considered to be public service programs.
He then presented a list of playground equipment for the Rangel
Park playground at Fourth and B Street, and a section of Stewart
Park on Eighth Street, totaling $12,845.00, as a portion of his
recommendation for use of these funds.
In addition, he had been asked to investigate replacement of
sidewalks, curbs and gutters, and submitted the estimated cost per
lineal foot for curbs and gutters and per square foot for
sidewalks.
In conclusion, he offered five alternative suggestions for
designation of the funds, as follows:
Alternative A:
1. Alternatives to Domestic Violence $ 2,874.00
2. 15% of $59,671.00 for school proposal(s) 8,950.00
3. Playground equipment (both areas) 12,845.00
4. Remove and replace approximately 2,500
lineal feet of sidewalk 35,002.00
$ 59,671.00
Alternative B:
1. Alternatives to Domestic Violence $ 2,874.00
2. 15% of $59,671.00 for school proposal(s) 81950.00
3. Playground equipment ( Rangel Park only) 8,955.00
4. Remove and replace approximately 2,778
lineal feet of sidewalk 38,892.00
$ 59,671.00
Alternative C:
1. Alternatives to Domestic Violence $ 2,874.00
2. Playground equipment (both areas) 12,845.00
3. Remove and replace approximately 3,139
lineal feet of sidewalk 43,952.00
$ 59,671.00
Alternative D:
1. Alternatives to Domestic Violence $ 2,874.00
2. 15% of $59,671.00 for school proposal(s) 8,950.00
3. Remove and replace approximately 3,418
lineal feet of sidewalk 477847.00
$ 59,671.00
Alternative E:
1. Alternatives to Domestic Violence $ 2,874.00
2. Remove and replace approximately 4,055
lineal feet of sidewalk 56,797.00
$ 59,671.00
Page 2
Dr. Margot Burke, Principal
Council she was there to answer
concerning their request.
Beaumont City Council
March 9, 1992
of Wellwood School, advised the
any questions the Council may have
Council Member McLaughlin stated the only comment he had was that
Alternative No. A would be his choice, as it offered a wider range
of things the City needs.
Council Member Russo asked if Altern,
had other funding sources available to
advising they are generally funded
cities in the County due to the use
police departments. They also receive
they are not funded by the State.
3tives to Domestic Violence
them, with the City Manager
through support from most
of the organization by the
non - profit monies, however,
Council Member Russo continued that he feels these funds should be
used for those areas most needed by the City, and which usually do
not have other alternative funding sources as a regular stream of
funds to them, so he was in favor of Alternative No. C. He feels
they should support Alternative to Domestic Violence because of
its funding needs. Secondly, he believes the playground equipment
is something that will benefit most people in the City, and,
thirdly, he would like to replace as much sidewalk as possible.
Council Member Brey asked had it not been mentioned at a previous
meeting that sidewalks were the responsibility of the property
owners, with the City Manager replying that is true, however, the
City is always sued along with the property owner.
Council Member Parrott said he appreciates the need for funds for
the domestic violence organization, and he feels the school
equipment is needed. He then indicated his choice was Alternative
No. A.
Council Member Russo asked the Council to consider a couple of
issues - and he clarified that he did not mean this as a direct
act of non - support for the school district and its needs -
however, the school district has their own methods of funding and
perhaps they ought to look for other ways to fund things by giving
something else up. He continued that he believed these funds
should be used in such a way that they can benefit a majority of
the citizens of this City, especially when it comes to those who
may not otherwise be able to afford to fix up sidewalks, and,
ultimately, the sidewalk improvements will improve the whole look
of the City. It was his opinion that these types of funds should
be used more to support those projects that would be in the best
interests of the City.
Mr. Russo went on to say the City does not have that many funds
available to do these kinds of projects, and there are a lot of
areas where the property owner cannot afford to fix the sidewalks.
Even though they are the property owner's responsibility, they are
a possible liability of the City, even if it is the deep pocket
type of liability.
He felt the Council should take a close look at upgrading those
areas of the City where these funds can be used for that purpose,
and consider options that will use the funds where there are no
other funding sources available to do the projects.
Mayor L e j a asked Dr. Burke if they had tried to locate funds
within the school district for this program. Dr. Burke answered
that they have funds for their educational programs, but this
request is not for the students of Wellwood School, but is really
for the adult citizens of Beaumont. If they do not receive the
funds to support this, they will continue to run their educational
programs with their computers. They had hoped to be the
facilitating group to reach out to those non - literate adults in
the community, which she feels is a large group. She agreed many
of them are parents of students, but many of them are adults in
Page 3
oeaumont City Council
March 9, 1992
Beaumont that simply can't read, and don't have jobs because of
that, so that was their goal.
Council Member Russo asked if there were other alternatives for
literacy programs in the community, with Dr. Burke stating the
only one she is aware of is the public library, who have been
trying to get one started, but they have not gotten it started.
Council Member Russo then asked if she was aware of successful
programs in other cities using volunteerism, with Mayor Leja
pointing out this program would involve a lot of volunteerism, but
the school needed funds for the software to implement the program.
Dr. Burke added that Wellwood School is willing to spend
approximately $5,600.00 a year to support the program.
Mayor Leja stated she is in favor of Alternative No. B.
b. Determination of Use of 18th Year Community Development Block
Grant Funds, and Authorization to Submit Application to the
Economic Development Agency.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to authorize submittal of application for 18th Year
Community Development Block Grant Funds, with the funds designated
for the following projects:
1. Alternatives to Domestic Violence $ 2,874.00
2. 15% of $59.671.00 for Wellwood School
Computer Literacy Parent -Child Program 8,950.00
3. Playground equipment for Rangel Park
and Stewart Park 12,845.00
4. Remove and replace approximately 2,500
lineal feet of sidewalk 357002.00
$ 59,671.00
AYES: Council Member McLaughlin, Parrott and Mayor Leja.
NOES: Council Member Brey and Russo.
ABSTAIN: None.
ABSENT: None.
MOTION CARRIED.
6. Consideration of Claims Filed Against the City by Laura
Seidlinger and Tim Conway.
The staff report was presented by the City Manager, with a
recommendation from the claims administrator for rejection of the
claims, based on the findings. 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 Parrott, second by Council Member
McLaughlin, to reject the 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 Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Page 4
Beaumont City Council
March 9, 1992
7. Consideration of Claim Filed Against the City by Four Corners
Pipe Line Company.
The City Manager presented his report, with a recommendation from
the claims administrator for rejection of the claim, based on the
findings. 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
Parrott, 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 Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
B. Consideration of Application Received to Fill Vacancy on Planning
Commission.
The City Manager reported one application had been received to
fill the vacancy on the Planning Commission created by the death
of Rex Ring. This application was submitted by Larry S.
Israelson.
Mayor Leja advised the Council this item could be continued if
they desired to seek additional applications, or the appointment
could be made tonight.
There were no questions or comments from the Council.
Motion by Council Member Brey, second by Council Member Russo, to
appoint Larry S. Israelson to the Beaumont Planning Commission, to
fill the unexpired term of Rex Ring, with the term ending
December 31, 1992.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
9. Consideration of Application Received to Fill Vacancy on Senior
Citizens Advisory Committee.
The City Manager
been received to
Citizens Advisory
Marjorie E. Slii
Blankenship, the
appointed to fill
informed the Council that one application had
fill one of the two vacancies on the Senior
Committee, with the application being filed by
-ikard. It was recommended by both he and Mary
Senior Center Director, that Ms. Slinkard be
this vacancy.
There were no comments or questions from the Council.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to appoint Marjorie E. Slinkard to the Senior Citizens
Advisory Committee for a two year term expiring January 31, 1994.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Page 5
Beaumont City Council
March 9, 1992
10. Consideration of Adoption of an Evaluation Form for Appointed
Employees. (Continued from February 24, 1992).
This item was removed from the agenda at the request of Mayor
Leja under Adjustments to Agenda.
11. Report from City Manager Concerning Request for Proposals for
Redevelopment Consultant.
The City Manager reported that four proposals for redevelopment
consultant have been received, and appointments have been made to
interview each of these firms, with the final appointment being on
March 25. A recommendation will be submitted to the Council at
the next Council meeting following that date.
12. Council Committee Reports.
FINANCE COMMITTEE:
Council Member Russo reported that the Finance Committee met on
Thursday, March 5, to review the budget, with the City Manager,
Finance Director, Mayor Leja and himself being present.
During the meeting the City Manager informed them that in addition
to the deficit approved by the City Council of $92,000, the City
is presently facing shortfalls in revenues in the amount of
$272,000. If additional adjustments in expenditures are not
considered, the City could be facing a deficit of $364,000 by the
end of the fiscal year.
Instructions were given to Mr. Bounds and Mr. Wong to review all
areas of expenditure categories in all departments, and report
back to the Committee on March 26.
Instructions were also given to Mr. Bounds and Mr. Wong to prepare
a report on funds expended for the wastewater treatment plant and
sewer construction fund for fiscal years 1989 -90, 1990 -91 and
1991 -92 to date, with this report to include vendors, the amount
paid, description of the service or goods rendered.
WATER COMMITTEE:
Council Member McLaughlin advised that a meeting was held last
week which included all the retail people disbursing water in the
area, and he has found these meetings to be a step in the right
direction. Everyone is in a learning process, learning from one
another. There have been quite a few misconceptions of what has
been going on, and these meetings are very cordial, very
informative type discussions. Mr. McLaughlin felt that as these
are continued, everyone will be working together towards one goal,
and that is we are going to need more water in the area as growth
occurs.
As far as he is concerned personally, as long as all of these
groups can get together, they are able to talk without talking
down to someone, and he feels the meetings are very, very good.
In the near future some very fine things will be happening by the
action taken by these committees meeting on a regular basis.
Mayor Leja added there have been two meetings in the past seven
days, and those in attendance have been representatives from the
City of Beaumont, Beaumont - Cherry Valley Water District, the City
of Banning, Yucaipa Valley Water District and the Pass Water
Agency. Quite a bit of headway has been made, when only a few
months ago most of them would not even sit in the same room with
each other.
CITY ATTORNEY SEARCH COMMITTEE:
Council Member Parrott reported they will be interviewing four
applicants for City Attorney tonight in closed session and expect
Page 6
Beaumont City Council
March 9, 1992
to have a new City Attorney very shortly. He went on to thank
George Ryskamp for the many years of service as City Attorney.
WATER RESOURCES COUNCIL /SAN GORGONIO PASS WATER AGENCY:
Mayor Leja brought up the fact that two members of the Council
were appointed to serve on this Council a year ago, with those
appointments being Ann Connors and Frank Parrott. There will be a
meeting of the Council on March 16, and the City's appointees are
to attend that meeting. Since one of these appointees is no
longer on the Council, consideration needs to be given to either
appointing one new member or have the two members who currently
represent the City in the water negotiations be a part of that
Council.
Motion by Council Member Brey, second by Council Member Russo, to
appoint Jan Leja to replace Ann Connors on the San Gorgonio Pass
Water Resources Council.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
SENIOR CITIZENS ADVISORY COMMITTEE:
Nell Welch, Chairperson of the Senior Advisory Committee, reported
that on Wednesday, March 4, the Senior Advisory Committee hosted
the first joint meeting of the Beaumont and Banning Senior
Advisory Committees. The main reason for getting together was to
start talking with one another about common concerns for older
persons in the area, and specifically how they might work together
to help these older citizens.
They are going to continue exploring areas where they might be
able to cooperate and coordinate their efforts, because they feel,
in view of the fiscal situations facing both cities, that
coordination of their efforts will be an important step to doing
more with less.
The first meeting was productive with many
discussed, and they plan to continue to meet to
and ideas. They will also be working together
local recommendations for service priorities to
on Aging as they prepare their four year aj
State.
common concerns
share information
to develop their
the County Office
,ea plan for the
She indicated they would continue to inform the Council of their
progress, and would welcome the Council's input as well.
There were no other committee reports at this time.
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.
a. Approval of Minutes of Regular Council Meeting of February 24,
1992.
b. Approval of Warrants as Audited per Warrant List of March 9,
1992, in the amount of $94,739.23 and Payroll of February 27,
1992, in the amount of $63,567.39.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to adopt the consent calendar as presented.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Page 7
Beaumont City Council
March 9, 1992
14. a. Set Date, Time and Location of a Special Meeting for Team
Building and Goal Setting. (Continued from February 24,
1992).
b. Approval of Proposed Agenda for Team Building and Goal
Setting Meeting.
This agenda item was removed from the agenda at the request of
Mayor Leja under Adjustments to Agenda.
15. Recess to Closed Session Pursuant to Government Code Section 54957
to Consider Public Employee Personnel Matters.
The meeting was recessed to closed session at 7:43 P.M.,
reconvening to regular session at 9:35 p.m.
Let the record show no action was taken in closed session.
Appointment of City Attorney.
Motion by Council Member Russo, second by Council Member Brey, to
appoint Aklufi and Wysocki as Attorney for the City of Beaumont,
with Mr. Aklufi appointed as City Attorney and Mr. Wysocki as
Deputy City Attorney, at the rate of $105.00 per hour.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Mayor Leja announced there would be a special City Council meeting
held on Tuesday, March 10, 1992, in the City Council Chambers, at
8:00 P.M.
Date set for next regular Council meeting, Monday, March 23, 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 9:37 p.m.
Respectfully submitted,
Page 8
BEAUMONT CITY COUNCIL
MINUTES OF
SPECIAL MEETING
MARCH 10, 1992
The Beaumont City Council met in a special meeting at 8:00 p.m.,
on Tuesday, March 10, 1992, 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 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 8:03 p.m,
reconvening to regular session at 11:00 p.m.
3. Action on Litigation.
There was no discussion or action on this agenda item.
4. Action on Personnel Matters.
There was no discussion or action on this agenda item.
There being no further business to come before the Council,
the meeting was adjourned at 11:00 p.m.
n L C t l _ - L __ L L_ J
BEAUMONT CITY COUNCIL
MINUTES OF
SPECIAL MEETING OF MARCH 23, 1992
The Beaumont City Council met in a special meeting on Monday,
March 23, 1992, at 6:01 P.M., in the City Council Chambers, with
Mayor Leja presiding.
On roll call the following Council Members were present: Brey,
McLaughlin, Parrott and Mayor Leja. Let the record show Council
Member Russo arrived at 6:17 p.m.
The invocation was given by City Manager Bounds, who then led the
Pledge of Allegiance to the Flag.
1. Clerk's Affidavit of Posting.
The Clerk's affidavit of posting the agenda was read into the
record by the Deputy City Clerk.
2. Adjustments to Agenda.
There were no adjustments to the agenda.
3. ORAL COMMUNICATION:
There was no one requesting to speak during oral communication.
4. Request for Consideration of Boundary Change of the Inland Empire
Division of the League of California Cities.
A report was received from the City Manager giving background
information concerning this possible boundary change. This
information is a matter of record in the Clerk's file.
Mayor Leja informed the Council what she has found is there is
quite a bit of resistance from San Bernardino County for this
separation, with all of the cities from Riverside County being in
favor of the separation. The City of Beaumont has supported this
separation in the past because they felt this would not only
help Riverside County, but in the long run help both San
Bernardino and Riverside because areas in which there are
concerns, there would be two votes at the League meetings, rather
than just one vote from the Inland Empire Division.
The only comment from the Council was from Council Member
McLaughlin who stated that in attending these meetings in the
past, he feels Riverside County should have a separate district,
and he would be in favor of dividing the division, with Riverside
County being one, and San Bernardino County being the other.
Motion by Council Member McLaughlin, second by Council Member
Parrott, in favor of a district boundary change, with Riverside
County as a separate district and San Bernardino County as a
separate district.
AYES: Council Member Brey, McLaughlin, Parrott and Mayor
Leja.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Russo.
5. Planning Commission Resolution No. PC -92 -1 - Requesting the City
Council to Provide Copies of the Revised General Plan to the
Planning Commission.
Stephen Koules, Director of Community Development, presented his
Page 1
Beaumont City Council
March 23, 1992
report to the Council, basically stating this item was requested
by Commissioner Michael Burch, and was adopted unanimously by the
Planning Commission on March 17.
Mayor Leja stated the City is in the process of preparing the
General Plan at this time, and although she has been given a copy
of the draft to review, no other Council Members have received a
copy yet.
She suggested that at the time the Council committee appointments
are made, a task force relative to the General Plan be appointed
to review the draft. This task force would be comprised of two
Planning Commission members, and the two Council Members who
would be serving on the Land Use Committee, and they would work
with staff to review the document.
She then asked the Council if they felt that would be more
effective, or if they felt both bodies should look at it at the
first draft level.
It was a consensus of the Council that all members of both bodies
should review the first draft of the General Plan.
6. Planning Commission Resolution No. PC -92 -2 - Requesting a Joint
Session with the City Council.
Stephen Koules, Director of Community Development, advised this
resolution was also adopted unanimously by the Planning
Commission on March 17.
Mayor Leja said the advantages of a joint meeting with the
Planning Commission would be to address such issues as how the
City Council and the Planning Commission should be working
together, what type of relationship they should be having, what
is expected of the Planning Commission, as well as a procedural
knowledge of the specific plan stage that moves through the
processing pipeline from specific plan to the tentative tract
map, and what their authorities are in those particular areas.
Council Member Brey felt it should be left up to the land use
committee. With two members of the Planning Commission on that
committee, he could not see the need for a joint meeting.
Mayor Leja clarified that the only reason she thought there was a
need for a joint meeting is so at one time all ten members would
understand what the Council's authorities are, as well as their
ability to request certain things of developments as they come
through. With a joint meeting, they would all have a basic
understanding of the procedure, as well as the legal needs when
addressing specific plans and tentative tract maps. In other
words, to get familiar with the process, and then the land use
committee could pick it up from there.
Council Member Brey said, in that event, the land use committee
could put together the agenda for this joint meeting.
The City Attorney suggested that staff should work with the land
use committee to prepare an agenda, and once an agenda can be
agreed upon by the Council and the Planning Commission, then the
meeting can be scheduled.
Mayor Leja indicated she would call a special meeting when the
agenda has been agreed upon.
7. Report from Community Development Director Regarding Riverside
County Planning Commission Review of Rezone Request on 30 Acres
Adjacent to Beaumont City Limits.
The Community Development Director, Stephen Koules, presented his
report, a copy of which is a matter of record in the Clerk's
Page 2
Beaumont City Council
March 23, 1992
file.
Staff's position on this rezone is that such an operation would
not be compatible with anticipated future uses in and around this
site, and would cause a significant adverse impact to the City
of Beaumont by its location at one of the City's gateway
entrances. He recommended that the City Council direct that a
letter be sent to the Riverside County Planning Department, prior
to the scheduled hearing on April 1, indicating that the City of
Beaumont is opposed to this change of zone.
Mr. Bill Penzien, Hohberg Poultry, 7240 Leedham Drive, Highland,
California, addressed the Council, stating they are a small
poultry operator, with a zoning that has been changed in
Riverside County. He explained that they lease this ranch from
an elderly, retired couple, and this is one of their main sources
of income. It is his understanding the Riverside County Planning
staff has recommended denial of this zone change based mainly on
the City of Beaumont's letter in opposition.
They are proposing to withdraw their request for A -P zoning, and
then ask for A -2 zoning, with a conditional use permit, which
would allow them to have poultry there with the stipulation of
growth, and a time limit. His question to the City Council is -
would they be open to an A -2 zone.
Council referred this question to Mr. Koules, who responded that
the use would not then be a matter of right, as the A -P zone
would be. Under the A -P zone, the applicant would not be
required to have any additional discretionary reviews. With the
A -2 zoning, they could not expand that operation unless there was
a conditional use permit granted, so there is another level of
discretionary review that the County of Riverside would have to
go through. In his opinion, the net effect would be the same.
In either event, they would be allowed to exist and expand the
operation, so the effect to the City is the same, except that
with the A -2 zone and conditional use permit, there would be a
time limit on the CUP.
The City Attorney asked where the previous memo was, which was
referred to by Mr. Koules in his memorandum to the Council, as
he was having trouble understanding Mr. Koules' position.
Mr. Koules replied that he attended a land division committee
meeting at the County of Riverside, and at that time stated
staff's position opposing the request for an A -P zone.
The City Attorney said it appeared the City has already taken a
position then, with Mr. Koules emphasizing that staff has taken a
position, but he felt this was a crucial enough matter to
bring it to the City Council, as a letter from them would carry
more weight with the County of Riverside than staff's letter.
Discussion continued between the City Attorney and Mr. Koules
concerning the need for immediate action by the City Council,
with the City Attorney recommending that it be referred to the
land use committee, or to the Planning Commission, and get a
staff report that explains the pros and cons. His main concern
was he didn't have enough information, and he was having a hard
time understanding precisely what it is the applicant is asking
for, and what their position is. As a result, he felt, if there
was enough time, the land use committee should be used rather
than taking up Council's time, and it was his opinion there was
sufficient time to do this before a final decision is made by the
County.
There being no objections from the Council, this item was
referred to the land use committee for review.
Page 3
Beaumont City Council
March 23, 1992
8. Council Committee Reports and Committee Appointments.
Finance Committee:
Council Member Russo indicated there was nothing to report since
the last meeting. The finance committee will be meeting on
Thursday, March 26.
Water Committee:
Council Member McLaughlin reported there has not been a meeting
since the last Council meeting, so there was nothing to report at
this time.
City Attorney Search Committee:
With the selection of the new City Attorney, this committee is
finished with its task.
Committee Appointments:
Mayor Leja proceeded with the discussion concerning committee
appointments, beginning with the Land Use Committee:
Appointment to Land Use Committee:
Council Member Brey and Mayor Leja will serve on this committee.
Appointment to Public Safety Committee:
Council Member Parrott and Council Member Russo will serve on
this committee.
Appointment to Public Works Committee:
Council Member McLaughlin will serve on this committee.
Finance Committee:
Council Member Russo and Mayor Leja will continue to serve as
this committee.
RTA Board of Directors:
Council Member Parrott will continue to serve on this board.
Parks Committee:
This committee will meet with two members of the Board of
Directors of the Beaumont - Cherry Valley Parks and Recreation
District to discuss any questions they may have.
Another area to be reviewed by this committee would be the
request from the smaller developments in the Cougar Way area for
the need of parks in that section of the City. In this regard,
the committee would work with five appointed citizens from both
inside and outside the City.
Mayor Leja requested recommendations from the Council prior to,
but no later than, the next Council meeting on April 13, for
appointments to this citizen's park committee, with their
function being discussion of the need for parks, as well as
locations and types of parks needed.
Appointments to this committee were deferred to the next regular
meeting.
Economic Development Committee:
Mayor Leja and former Mayor Ann Connors were the members of this
committee previously. Council Member Brey was appointed to
replace Ms. Connors, with Mayor Leja continuing to serve.
Page 4
Beaumont City Council
March 23, 1992
9. CONSENT CALENDAR - All Items Listed Under the Consent Calendar
are considered to be routine by the City Council and will be
approved on one motion. There will be no separate discussion of
these items unless a Council Member or Citizen so requests, in
which case the item will be removed from the Consent Calendar and
considered separately.
a. Approval of Minutes of Regular Council Meeting of March 9,
1992 and Special Council Meeting of March 10, 1992.
b. Acceptance of Planning Commission Minutes of Regular Meeting
of November 19, 1991.
C. Approval of Warrants as Audited per Warrant List of March 23,
1992, in the amount of $150,170.40; Payroll of March 12,
1992, in the amount of $62,798.75; and Special Payroll of
March 16, 1992, in the amount of $3,645.71.
d. Report of Action by Planning Commission at Regular Meeting of
March 17, 1992.
At the request of Mayor Leja, Warrant No. 16851, payable to the
Law Offices of Susan Trager, in the amount of $12,989.50, was
removed from the warrant list and referred to the finance
committee for review.
Motion by Council Member McLaughlin, second by Council Member
Russo, to adopt the consent calendar with the warrant payable to
the Law Offices of Susan Trager removed from the warrant list.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
10. 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 6:36 P.M.,
reconvening to regular session at 8:59 P.M.
Date set for Next Regular Council Meeting, Monday, April 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 :00 p.m.
Respectfully submitted,
I e4�
City Clerk
Page 5
BEAUMONT CITY COUNCIL
MINUTES OF
APRIL 13, 1992
The Beaumont City Council met in a regular meeting on Monday,
April 13, 19920 at 7:04 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 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.
Council Member Russo requested to add an item to the agenda, with
the consent of the Council, stating that the basis for the
addition is an urgency matter in that he had received information
late Wednesday evening regarding an issue of concern to citizens
of Beaumont and residents right outside the City limits, relative
to a proposed zone change for a chicken ranch on California
Street.
Although this matter was on the Council agenda at the last
meeting, and it was determined at that time it should be referred
to the Planning Commission, there have been developments at the
County Planning Commission that would indicate this issue is of
such a nature that the Council should make a determination tonight
as to the City's position on this rezone.
Motion by Council Member Russo, second by Council Member
McLaughlin, to add this matter to the agenda as Item No. 12, with
the item to be heard prior to Item No. 6 on the agenda.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
3. Presentation to Former City Attorney, George Ryskamp.
Council Member Russo presented a City tile to Mr. Ryskamp, while
Mayor Leja presented a bouquet of flowers to his wife, Peggy, with
expressions of appreciation on behalf of the City and members of
the City Council, both past and present, for all he has done for
the City, and for Mrs. Ryskamp's support, during his ten years as
City Attorney.
4. ORAL COMMUNICATION:
There was no one requesting to speak during oral communication.
PUBLIC HEARING — 7:00 P.M.
5. PRELIMINARY DRAFT SOURCE REDUCTION AND RECYCLING ELEMENT AND THE
DRAFT HOUSEHOLD HAZARDOUS WASTE ELEMENT.
The City Manager reported that Kleinfelder, Inc., the consultant
who prepared the elements, was unable to have a representative at
the meeting tonight. In addition, the City had not yet received
Page 1
Beaumont City Council
April 13, 1992
comments from either the State or the County. As a result he
recommended the public hearing be opened, and comments received,
in the event anyone had attended the meeting specifically for this
hearing, and then the public hearing be continued until the next
regular meeting on April 27.
The public hearing was opened at 7:13 P.M., and there being no one
requesting to speak to this issue, the public hearing was
continued to the regular meeting of April 27, 1992, at 7:14 P.M.
12. Riverside County Planning Commission Review of Rezone Request on
Thirty Acres Adjacent to Beaumont City Limits.
Stephen Koules, Director of Community Development, presented a
report to the City Council, indicating this item was postponed by
the Riverside County Planning Commission until April 29. He
continued that staff has received numerous calls from concerned
owners in the area opposing the project, and Mr. Martin Shuler
submitted a letter in opposition, which has been given to the
Council.
He went on that staff was informed this afternoon by both Mr.
Brien Beck, Riverside County Planner, and Mrs. Elsie Trainam, of
Best, Best and Krieger, representing the applicant, they are now
considering rezoning only a portion of the thirty acres, namely
the three acres of the thirty upon which the operation sits.
Mr. Koules said he had not changed his position from the last
meeting, and that is that the City should send a letter to the
Riverside County Planning Department opposing this project.
Mayor Leja opened the floor for public comment.
The following parties addressed the Council in favor of the
project:
Mr. Bill Penzien, representing Hohberg Poultry, the applicant,
and Ms. Sharon Hohberg, also representing Hohberg Poultry.
Both speakers cited the necessity of continuing the poultry
operation, and requested support from the City Council.
The following citizens addressed the Council in opposition to the
project:
Mr. Martin Shuler, Mr. James Price, Ms. June Morgan, Ms. Elke
Konrad, Mr. Bill Killough, Mr. David Dysart and Ms. Sandra
Thornton. Petitions containing several hundred signatures in
opposition were also presented.
The major points addressed by those in opposition to this project
were adverse environmental impacts including, but not limited to,
the source of swarms of flies, odors, noise, wastewater run-
off onto neighboring properties and groundwater contamination of
local domestic water wells.
There were questions and comments from the City Council in
response to the applicants presentation and the public comments.
The City Attorney asked Mr. Koules if there was an amortization
provision in a W -2 zone, with Mr. Koules saying he didn't know if
the County has that, but suspected they do. He has also heard
they have a planned layout program to phase out poultry
operations by May 16, 1993, and Mr. Penzien has a copy of an
agreement with the County. Discussion continued, with the City
Attorney questioning Mr. Penzien concerning this agreement. Mr.
James Price then read from a copy of the planned layout
agreement in his possession.
The City Attorney reviewed the alternatives available to the
Board of Supervisors, as follows:
Page 2
Beaumont City Council
April 13, 1992
1. To grant the AP zoning, which would allow the expansion.
2. Grant the AP zoning with the proviso that there could be
no expansion of the poultry operation, which would probably be a
condition of approval, however, it may not be enforceable.
3. Deny the request, as a result the planned layout program would
apply, meaning the poultry ranch would be out of business by January
of 1994.
4. To grant the heavy agriculture zone (A -2), which would require
a conditional use permit. A conditional use permit is a very powerful
weapon in the hands of local agencies such as the City and County,
because it allows the governing jurisdiction to append conditions that
can be quite restrictive. Simple conditions, however, may not be able
to deal with some of the health issues which have been brought up.
The City Attorney then recommended, should the Council be considering
alternative number three, that it be made as clear as possible and as
forcefully as possible, and he suggested the Council consider the
preparation of a resolution, after the fact, by taking the action
tonight and authorizing the Mayor to sign a resolution which would
highlight the reasons why condition number three is the most
appropriate condition.
He went on that some of the testimony tonight is potential
justification of significance that should be included within the
resolution if the Council should consider adopting that alternative.
Mr. Koules clarified that these alternatives were from the Riverside
County Planning Department, and they have since added a more feasible
option, so far as they were concerned, which would be to rezone only a
portion of the 30 acres.
The City Attorney stated there is a fifth alternative which he might
suggest, which may be a bit premature because of its complexity, but
on the other hand, even if they were to adopt a negative resolution,
there is still room for this alternative, and that would be to
encourage the landowner to annex to the City. Prezone the property,
annex it to the City, and enter into an amortization agreement as a
condition of annexation, which would allow them to stay in operation
under certain conditions in the nature of a conditional use permit.
This alternative would allow the citizens an opportunity to file
grievances, both with the property owner and with the City, and then
to work through a mediation process, or to simply enforce the City's
health and safety requirements strictly, to prevent things like the
odor and noise and some of the other issues.
Prezoning the annexation and the amortization agreement would be a
very realistic alternative, which would not mean the City would
necessarily drag on the life of the operation, but would give the City
a better handle on controlling it and dealing with the grievances of
the neighbors, and perhaps working out some compromises. It would
still mean the operation would go out of business, but it keeps local
control where it should be - locally.
Additional comments were made by Ms. Sharon Hohberg, stating they had
met all health requirements, and by Mr. Martin Shuler who disagreed,
stating there were numerous errors in the reports, and the
environmental health expert wrote a letter to the poultry ranch saying
they were in violation. This was followed by a second letter stating
they had not complied with the first requirement.
Council Member Russo read from a letter written by Anton and Maria
Konrad, which he felt summed up the situation concerning the poultry
operation. This letter is a matter of record in the Clerk's file.
There were no other comments or questions from the Council.
Page 3
Beaumont City Council
April 13, 1992
Motion by Council Member McLaughlin, second by Council Member
Russo, to request the Board of Supervisors to deny the AP zone
request, with the attorney to prepare Resolution No. 1992 -11,
with the wording as strong as possible, and authorize the Mayor
to sign said resolution.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
6. RESOLUTION NO. 1992 -09 - Opposing the Requirement that Local
Agencies Perform the Policing Duties of the State Department of
Industrial Relations.
The Mayor called a recess at 7:51, with the meeting reconvening at
8:03 p.m..
The City Manager presented his report giving information
concerning the legislation in question. 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
Parrott, to adopt Resolution No. 1992 -09.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
7. Request from Fire Department to Declare Rescue 66 Surplus, And
Authorization to Auction Cab and Chassis of Same.
A report was received from the City Manager, with a recommendation
to approve the request from the Fire Department. This report is a
matter of record in the Clerk's file.
Council Member McLaughlin called attention to the fact he was
serving with the volunteer fire department at the time this rescue
unit was purchased, and helped with the projects to raise money to
purchase it. As the treasurer of the Volunteer Fire Department at
that time, he did, in fact, write the check to pay for it, and it
brought a tear to his eye to see it now being declared surplus.
He did know that it has served the community well, and also knows
it is probably time for it to be retired.
There were no other questions or comments from the Council.
Motion by Council Member McLaughlin, second by Council Member
Russo, to declare the 1973 GMC Van, I.D. #TCZ333Z507759, cab and
chassis surplus and authorize staff to sell it at auction with the
proceeds from the auction to be given to the Volunteer Fire
Department.
AYES: Council Member Bray, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
8. Consideration of Adopting New Design for City Seal.
The City Manager presented his report, in which he advised the
Council that the City seal, which was adopted in 1912, portrays an
apple, and suggests they may want to consider adopting a new City
seal with cherries or the City's logo portrayed on it.
Page 4
Beaumont City Council
April 13, 1992
ORDINANCE NO. 705 - FIRST READING - Repealing Chapter 1.08 of the
Beaumont Municipal Code and Adding New Chapter 1.08 to the
Beaumont Municipal Code Adopting a City Seal.
Motion to Read Ordinance No. 705 by Title Only.
Motion by Council Member McLaughlin, second by Council Member
Russo, to read Ordinance No. 705 by title only.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
The Ordinance was read by title only by Mayor Leja.
Motion to Approve Ordinance No. 705 at its First Reading.
Motion by Council Member Russo, second by Council Member Brey, to
approve Ordinance No. 705 at its first reading.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
9. Council Committee Reports and Appointments.
Finance Committee:
Council Member Russo stated the minutes of the Finance Committee
report have been circulated to the Council. He then read the
report into the record, as follows:
The Finance Committee met on Thursday, March 26, 1992, with Mayor
Leja, Council Member Russo, City Manager Bounds and Administrative
Services Director Wong attending.
Reports submitted by each department head containing possible
budget cuts in their respective departments were reviewed by the
committee.
The possibility of privatization of vehicle servicing was
discussed at length, with the City Manager directed to obtain
further information relative to the ways and means of
implementing such a plan to include preventative maintenance on
all City vehicles including transit vehicles.
Discussion then centered on the revenue and expenditure breakdown
as of the current date, showing a new projected deficit at the end
of the fiscal year of $502,259, as well as a sales tax analysis,
provided by Mr. Wong.
Direction was given to the City Manager to continue all efforts to
reduce spending in all areas, with no capital expenditures to be
approved. No further layoffs are recommended at this time.
Additionally, the committee discussed all possible ways to
mitigate the deficit, including the possibility of borrowing
funds from other accounts, in order to balance the budget and
start with a zero deficit balance for next fiscal year. It was
emphasized that if funds were to be borrowed, a regular repayment
schedule would be set up to repay these funds, with interest, at
the earliest possible date.
Mr. Russo announced the next meeting is scheduled for Thursday,
April 16, 1992.
Public Works Committee (formerly Water Committee):
Page 5
Council Member McLaughlin reported a
week, and quite a lot of progress has
good at this time. If they continue
he thinks the citizens of Beaumont are
well as the Cherry Valley area, etc.
very nicely.
Public Safety Committee:
Beaumont City Council
April 13, 1992
meeting was held this past
been made and it looks very
at the rate they are going
going to be quite happy, as
Everything is working out
Council Member Russo advised the first Public Safety Committee
meeting would be held on Wednesday, April 15.
Land Use Committee:
Council Member Brey indicated they had not yet scheduled their
first meeting, but he anticipates a meeting in the near future.
Senior Advisory Committee:
No report.
Planning Commission:
No report.
a. Appointment to Parks Committee. (Continued from March 9).
Mayor Leja stated that over the weekend she had received
approximately thirty calls from people interested in serving on
this committee. Since only five will be selected, she requested
this item be continued to April 27 in order to allow sufficient
time to contact these people to find out what their interests are,
their reason for wanting to serve on this committee, etc.
Also, the Parks District is requesting a meeting, and it would be
the Mayor's recommendation the Land Use Committee be the lead
members in discussing any questions the parks district might have.
There being no objections from the Council, the appointments to
the Parks Committee was continued to April 27, 1992.
Finance Committee:
Council Member Russo asked to return the discussion to the Finance
Committee, stating that, although it has not been discussed, it
was mentioned in the report there will be a greater deficit than
they anticipated at the end of the fiscal year. It was also
mentioned in the report they discussed borrowing funds from other
accounts in order to mitigate that deficit.
The committee is pretty much at a stand still as a committee
unless Council approval is received for them to proceed and bring
back to the Council a recommendation for that kind of borrowing,
and how they would pay it back to those funds. As a result, he is
asking for a consensus of the Council as to whether or not they
are willing to borrow funds from other accounts, or at least look
at this possibility.
Mayor Leja stated she would be in
brought back to the Council, but did
take a position of being in favor of
just to look at a proposal.
Council Member Russo said that is all
to look at a proposal such as this as
alternative, which is drastic cuts in
favor of a proposal being
not think the Council should
borrowing from other funds -
he is asking - did they want
an approach, rather than the
spending for the next month.
Mayor Leja stated the Council would need to look at the legalities
of doing this, with the City Attorney indicating internal
borrowing - moving money from one account to another - is common
practice.
Page 6
Beaumont City Council
April 13, 1992
By consensus of the Council, direction was given to the Finance
Committee to proceed preparing a recommendation concerning
borrowing from other accounts as a means of mitigating the
existing deficit in the General Fund.
Parks Committee:
The City Attorney asked that when the Council reaches the point of
appointing citizens to this committee, he be consulted as to the
applicability of the Brown Act and the conflict of interest code
laws.
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 separately.
a. Approval of Minutes of Special Council Meeting of March 23,
1992.
b. Approval of Warrants as Audited per Warrant List of April
13, 1992, in the amount of $206,799.11; and Payroll of March
26, 1992, in the amount of $60,978.93.
C. Approve Request from Cherry Festival Association for Necessary
Permits to Use City Property for Cherry Festival Activities.
The City Manager advised he had been asked by the Cherry Festival
Association to include with their proposal a request that the City
subsidize an amount not to exceed $560.00 of the security
provided by the Beaumont Police Department for the Cherry Festival
activities.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to adopt the consent calendar as presented, with approval
to subsidize an amount not to exceed $560.00 for security as
requested by the Cherry Festival Association.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to amend the previous motion to include a requirement for
the Cherry Festival Association to agree in a letter to indemnify
the City as the result of any problems that may occur that are not
of the City's doing, as well as naming the City as an additional
insured on their liability policy.
VOTE TAKEN ON MOTION AS AMENDED:
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
11. 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 Securities and Exchange
Commission vs Institutional Treasury Management, Inc., et al.
Case No. 91- 6715RG, United States District Court, Central
District.
b. Pursuant to Government Code Section 54957 to Consider
Public Employee Personnel Matters.
The meeting was recessed to closed session at 8:25 p.m.,
reconvening to regular session at 9:25 p.m.
Page 7
Beaumont City Council
April 13, 1992
Let the record show that action was taken in closed session with
the Council's regrets accepting the resignation of City Manager
Bob Bounds, which was a unanimous action. It was emphasized that
it was with sincere regrets. Mr. Bounds' resignation will be
effective August 13, 1992 for the purpose of retirement. During
that time Mr. Bounds will be assisting in reviewing, identifying
and hiring a replacement and ensuring a smooth transition, as well
as performing his responsibilities as City Manager.
Mayor Leja announced that a special meeting has been noticed for
Monday, April 20, 1992, at 5:00 p.m., at the Beaumont City Council
Chambers, for a joint meeting with the Beaumont - Cherry Valley
Water District to consider Resolution No. 1992 -10.
Date set for next regular Council meeting, Monday, April 27, 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 9:27 p.m.
Respectfully submitted,
City Clerk
Page 8
BEAUMONT CITY COUNCIL
MINUTES Of
SPECIAL MEETING
APRIL 20, 1992
The Beaumont City Council met in a special joint meeting with the
Beaumont - Cherry Valley Water District at 5:00 p.m., in the City
Council Chambers, with Mayor Leja presiding.
On roll call the following Council Members were present:
McLaughlin, Parrott, Russo and Mayor Leja. Let the record show
Council Member Brey was excused.
1. Clerk's Affidavit of Posting.
The Clerk's Affidavit of Posting the agenda was read into the
record by the Deputy City Clerk.
At this point Mayor Leja turned the meeting over to President
Russell of the Water District, at which time roll call was
answered by all members of the Board of Directors.
The gavel was then returned to Mayor Leja to continue with the
City Council meeting.
2. RESOLUTION NO. 1992 -10 - Establishing the Beaumont Area Water
Management Task Force.
Mayor Leja stated it gives her great pleasure that the many
hours Council Member McLaughlin and herself, along with
Director Jerry Brey and President Roland Russell have been
meeting has contributed to the City of Beaumont and the
Beaumont - Cherry Valley Water District working together and
working towards the solutions of water and wastewater
treatment.
There were no other comments from the Council.
Motion by Council Member Russo, second by Council Member
McLaughlin, to adopt Resolution No. 1992 -10.
AYES: Council Member McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Brey.
The meeting was then returned to the Water District at which
time the Board unanimously adopted their Resolution No.
1992 -02, establishing the Beaumont Area Water Management Task
Force.
Mayor Leja concluded the meeting with an additional statement
indicating that it gives the Council a great challenge and a
great privilege to be working with the Board Members of the
Beaumont - Cherry Valley Water District, and they look forward
to many years down the road working together.
There being no further business to come before the Council,
the meeting was adjourned at 5:10 p.m.
Respectfully submitted,
City Clerk
BEAUMONT CITY COUNCIL
MINUTES OF
APRIL 27, 1992
The Beaumont City Council met in a regular meeting at 7:02 p.m., on
Monday, April 27, 1992, 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
agenda by the Deputy City Clerk.
2. Adjustments to Agenda.
There were no adjustments to the agenda.
3. ORAL COMMUNICATION:
Mr. Michael Martin, of Southern California Edison, speaking as a
representative of the Beaumont Chamber of Commerce, reminded
everyone of the State of the City luncheon to be held on May 5th
at Highland Springs Resort, and encouraged everyone to make their
reservations to attend this event.
CONTINUED PUBLIC HEARING — 7:00 P.M.
4. PRELIMINARY DRAFT SOURCE REDUCTION AND RECYCLING ELEMENT AND THE
DRAFT HOUSEHOLD HAZARDOUS WASTE ELEMENT. (Continued from April 13,
1992).
Douglas Fazekas, of the Planning Department, presented his report
to the Council, stating that tonight's meeting is generally to
get input from the general public, and to answer any questions the
public or City Council may have. All information from tonight's
meeting will be incorporated within the final source reduction and
recycling element, as well as the household hazardous waste
element.
He continued that the most recent action was on April 16 by the
Riverside County Local Task Force Committee (LTF) at which time
they approved the preliminary draft for the City of Beaumont.
Additional comments and corrections will be required by the
Riverside County Planning Department, as well as the consultant,
for incorporation in both documents. The comments tonight, along
with the State comments and the LTF comments, will be
incorporated as well.
After this has been completed, they will be sent back to the Local
Task Force Committee sometime in June. Upon completion of their
certification, it will then come back to the City Council for the
adoption of a resolution and CEQA requirements. They would then
be sent back to the County Board for finalization for the State.
He then introduced Cristin Brame, the recycling specialist from
Kleinfelder, Inc., the City's consultant. Ms. Brame stated Mr.
Fazekas has basically covered where these reports are at. The
State comments, County comments, and any comments received this
evening will be incorporated into the documents, and will be
coming back to the Council, hopefully, in June, with the final
document for adoption.
Page 1
Beaumont City Council
April 27, 1992
The public hearing was re- opened at 7:10 P.M.
Alma Vrzal, 720 California Avenue, Beaumont: We are for
recycling, but we don't think it is necessary to raise the cost of
trash pick -up with recycling. We have recycling at our property
in Redondo Beach, and it is $33.12 less a year than we now pay
here. And it is charged on our tax bill once a year. So I just -
we are for the recycling, but we feel - they will get to sell the
cans, and the bottles and the newspapers, and if it is cheaper to
put it on the tax bill once a year, why not do it that way. If it
costs too much to have a bill every other month. But I got my
bill out from both places and checked it out. I got my tax bill
out and it comes to $137.16 a year in Redondo Beach. That is
cheaper than here. And that is with recycling.
Mayor Leja: Thank you. Is there anyone else that would like to
speak at this time. Anyone in favor. Anyone in opposition.
Anyone at all that would like to speak. If not we will - excuse
me? Do you have a question. Just come forward and give your name
and address for the record.
Georgia Crudo, 501 Cynthia, Beaumont: Would the prices be changed
if the landfill in the desert was completed. Would that change
it. Because that would be picking up and recycling both, from
what I understand.
Mr. Fazekas: For Eagle Mountain you are saying.
Ms. Crudo: Yes.
Mr. Fazekas: That is a separate issue. That is primarily to help
the County of Los Angeles and Orange County as well.
Ms. Crudo: It is for us too.
Mr. Fazekas: But the fact is there would be an additional
surcharge on us as a public . . .
Ms. Crudo: But what we understood when we went out there was each
area would have its pick up and a recycling area. And it would be
recycled there. Things would be sorted and placed in containers
and then by train taken out to the landfill.
Mr. Fazekas: That would be considered a MURF, but the closest
MURF right now being proposed now is in the City of Moreno Valley,
which Inland Disposal is processing right now. I think when John
Sasine was here for Inland Disposal a couple of weeks ago
mentioned that. They are getting the appropriate permits. The
only other MURF I know - Cris, is probably where - in Tenescal
Canyon in the Temecula area - Murrietta area - right now, and that
is something that we have not, on a contractual basis, worked
with.
Cristin Brame: The Eagle Mountain project is still in its
permitting stage and its construction stage. These programs that
we are talking about right now have to be implemented and approved
in 1995. If the Eagle Mountain project comes on line before 1995,
and it is more effective, you have a chance in 1994 to revamp all
of your programs and vend it to those facilities. But with that
being still out in the future, we have got to have something we
can show the State right now that the City of Beaumont is making a
step forward on.
Mayor Leja: Does that answer your question.
Ms. Crudo: That answers it.
Mayor Leja: Okay, thank you. Please come forward and give your
name and address for the record.
Esther Barak, 903 - 14th Street, Beaumont: I have an editorial
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Beaumont City Council
April 27, 1992
here from Thursday, February 27, 1992, and I will just read the
first paragraph. It says, "Calimesa is getting quite a recycling
bang for its buck. A 98% bang in fact. That is how many
households started recycling when offered a $1.00 reduction in
their trash bills ".
Mayor Leja: I read that one too.
Ms. Barak: Why can't we.
Mr. Fazekas: The City of Beaumont is franchised with Inland
Disposal. Calimesa is basically with the County of Riverside. I
think Cherry Valley Sanitation is helping them process that, so I.
Mayor Leja: I guess the question would be then, to Inland
Disposal, if we couldn't implement something similar to that here.
Mr. Fazekas: Yes, possibly when you renegotiate.
Mayor Leja: Are there any other questions or comments. Okay, we
will make note of all of the comments from the public. Is there
anyone else that would like to make a statement at this time. If
not we will close the public hearing.
The public hearing was closed at 7:17 P.M.
Comments from City Council.
Council Member McLaughlin indicated he did not have any comments
to make except that he thought the Council needed more input
before they can come to any conclusions, costs, etc. He would
need more input before he could say yes or no, or this is what
they should or shouldn't do.
Mayor Leja stated she had received several calls about recycling,
the cost of the City's present trash service, and concerns from
people who live within the community, who recycle and do a lot of
things on their own, and come out with a little bag of garbage,
but they are paying the same amount as the neighbor next door, who
have a lot of garbage. She continued that there are several east
coast cities - and only in the past three months has the State of
California authorized this - where you can have a pay by weight
type of pick -up, and she thought this would be something to look
at. The City is trying to encourage recycling - would this
encourage recycling, or what can the City pursue in that way so
this is cost effective for the community. These are questions
that she would like answered.
There were no other comments from the City Council.
No action was required of the City Council at this time.
5. RESOLUTION NO. 1992 -12 - Authorizing the Services of Bill Dendy
for the Purpose of Developing an Imported Water Supply /Wastewater
Reclamation Plan.
The City Manager presented his report, with a recommendation for
adoption of Resolution No. 1992 -12. A copy of this report is a
matter of record in the Clerk's file.
Council Member Russo wanted to know where the funds would be
obtained to pay the $15,000 fee, with the City Manager noting the
resolution indicates the City Manager is authorized to seek
reimbursement for the City's share of fees and expenses from third
parties, which would mean those developers who would be using the
services.
Council Member Russo then asked if these funds could be paid from
the sewer funds, with the City Manager confirming that they could.
Page 3
Beaumont City Council
April 27, 1992
Motion by Council Member McLaughlin, second by Council Member
Parrott, to adopt Resolution No. 1992 -12.
AYES: Council Member Brey,
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
McLaughlin, Parrott, Russo and
6. ORDINANCE NO. 705 - SECOND READING - Repealing Chapter 1.08 of the
Beaumont Municipal Code, and Adding New Chapter 1.08 to the
Beaumont Municipal Code, Adopting a City Seal.
7.
Motion to Read Ordinance No. 705 by title only.
Motion by Council Member McLaughlin, second by Council Member
Parrott to read Ordinance No. 705 by title only.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
The Ordinance was read by title only by the Deputy City Clerk.
There were no questions or comments from the Council.
Motion to Adopt Ordinance No. 705 at it second reading.
Motion by Council Member Parrott, second by Council Member
McLaughlin, to adopt Ordinance No. 705 at its second reading.
AYES: Council Member Brey,
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
McLaughlin, Parrott, Russo and
Consider Amending Community Development Block Grant (CDBG) Budget
to Add Senior Home Repair.
A report was received from the City Manager in which he explained
the necessity of amending the 18th Year CDBG budget in order to
add the Senior Home Repair program, should the Council desire to
do so. A copy of this report is a matter of record in the Clerk's
file.
He recommended the program be added due to the excellent benefit
received by the seniors of this community.
There were no questions or comments from the City Council.
Motion by Council Member Russo, second by Council Member Parrott,
to amend the 18th Year CDBG budget to include $9,757.25 for the
Senior Home Repair Program, and change the sidewalk repair cost to
$25,244.75.
AYES: Council Member Brey,
Mayor Leja'.
NOES: None.
ABSTAIN: None.
ABSENT: None.
McLaughlin, Parrott, Russo and
8. Request from Kenneth Cokeley for Sewer Permits.
The City Manager presented his report, as well as the City
Engineer's report. Both reports are a matter of record in the
Clerk's file. He did point out that one statement in the City
Engineer's report should be clarified, and that is where the
engineer states "All we have to do is amend the adopted Conditions
Page 4
April Li, lyy'L
of Approval. . .", in that the word "amend" might lead you to
believe something is going to be changed. What it actually means
is that each phase will carry the same conditions of approval so
that none of the conditions that were approved by the Planning
Commission and City Council would be lost in the phasing of the
project.
He then advised the Council that the City has been operating on
the premise that when someone with building plans comes to the
City, the sewer connections would be authorized to them on the
basis of the building plans being available.
At this point, three permits have been issued, two on Friday and
one today, leaving a total of seven connections remaining at this
time.
Council Member McLaughlin questioned what Mr. Cokeley Is position
is since the City only has seven permits available, and he is
requesting eight.
Mr. Cokeley stated his reaction to that is they requested their
final map in 1989, and would have come before the City Council two
years ago for these permits had they known they could do so. He
has been waiting for these permits for quite some time, but they
were unable to get the final map because they were told there was
no point in completing the final map since there were no sewer
permits available for them. They will, of course, accept seven
permits if that is all that are available.
Discussion continued, with the Council asking questions of Mr.
Cokeley and of the City Manager relative to the phasing of this
project, and the procedure being followed by the City in issuing
sewer connection permits, with emphasis being placed on the fact
no final map has been submitted to the City at this time.
Motion by Council Member Brey, second by Council Member
McLaughlin, to deny the request from Kenneth Cokeley for sewer
permits, on the grounds that plans have not been turned in.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
9. Discussion and Possible Action on Suggested Plan(s) for
Recruitment of New City Manager.
The City Manager said he and Mayor Leja had been discussing
various recruitment programs. One of these would be retaining a
consulting firm, who would do a considerable amount of screening,
advertising, etc., and then bring the Council in to finalize the
local work to be done.
Another method would be for the Council to do the recruiting
themselves, and he submitted an outline of a suggested procedure
and timetable to follow should this be what the Council desired to
do. This procedure would utilize three oral boards as was done at
the time the new Police Chief was recruited, with the Council
doing the background investigation of the candidate of their
selection.
Mayor Leja brought out that in talking with other cities who have
used a consulting firm, the cost has been in the vicinity of
$20,000 and up, and this is the reason the alternative of the City
Council serving in that capacity has been placed before them for
consideration.
Council Member Brey questioned the advisability of the Council
doing the background check rather than a professional, and wanted
to know if Chief Smith could do this, with the City Manager
Page 5
l�
Beaumont City Council
April 27, 1992
advising it is not the usual procedure to use a subordinate
employee to do background checks.
Discussion continued concerning the background investigation, with
the City Manager suggesting that he contact Mery Feinstein to see
what he would charge to do the background. The Council agreed to
this suggestion, with the information to be returned to the
Council at the regular meeting of May 11.
Council Member Russo brought out that in the previous search for a
City Manager, members of the Council each filled out a
questionnaire listing what they wanted in a City Manager, and from
this information they drew up a profile establishing a criteria
for selection. The screening committee then eliminated anyone who
did not meet that criteria. He felt this method should be
utilized again.
The City Manager also suggested they might wish to use a screening
committee composed of someone other than Council Members, as they
did when he was hired. That screening committee was made up of a
member of the Fire Department, a retired City Manager and the
Superintendent of Schools. They would then screen the
applications and submit "X" number to the Council for additional
screening prior to the final candidates being selected for
interviews.
The City Manager was directed to obtain copies of a number of
advertisements in the periodicals they are proposing to use, and
from this prepare a suggested advertisement for review by the City
Council.
This item was continued to the regular meeting of May 11, with
direction given to the City Manager to gather as much information
as possible concerning a possible advertisement for review by the
City Council.
10. Council Committee Reports and Appointments.
a. Appointment to Parks Committee. (Continued from April 13,
1992) .
Mayor Leja appointed Craig Winterstein, Cory Moore and Fred Hamman
to the Parks Committee, with the two remaining appointments to be
made at the next meeting. Liaison from the Planning Commission
will be Commissioner Frank Prouty. When all the appointments have
been made, this committee will work with the Land Use Committee in
discussing the issues affecting parks for the City of Beaumont.
PUBLIC SAFETY COMMITTEE:
No report at this time.
WATER COMMITTEE:
Mr. McLaughlin indicated the only meeting which has been held is
the joint meeting with the Beaumont - Cherry Valley Water District
Board of Directors, at which time resolutions were adopted
establishing the Beaumont Area Water Management Task Force.
FINANCE COMMITTEE:
Council Member Russo indicated two meetings have been held since
the last Council meeting. He then read the reports of these
meetings in their entirety. Those reports are as follows:
Report No. 1:
The Finance Committee met on Thursday, April 16, 1992, with Mayor
Leja, Council Member Russo, City Manager Bounds and
Administrative Services Director Wong attending.
Page 6
Beaumont City Council
April 27, 1992
The committee reviewed preliminary draft budget sheets as
submitted by each department head, reviewing each department
individually, with questions being asked relative to that
department, and corrections noted. Direction was given to the
City Manager to direct staff to rework their numbers and resubmit
preliminary draft budget sheets, keeping in mind no capital items
are to be budgeted, but placed on a priority list separate from
the budget.
New printouts are to be submitted to the committee on Wednesday,
April 22, with the next committee meeting scheduled for Thursday,
April 23, 1992, at 4:00 p.m. The target date for submittal of the
preliminary budget to the Council is May 11, 1992.
Mr. Wong was requested by Mayor Leja to submit a spread sheet of
the balances in all funds, either in active accounts or invested,
to the committee prior to the next committee meeting.
The committee then discussed layoff of planning department
personnel due to current budget problems, and lack of work in that
department, with the probability of a reorganization of the
department that would go into effect after the lst of July.
It is recommended by the committee that the City Council consider
laying off Mr. Koules and Mr. Fazekes, for budget purposes, and
the fact there is little work to be done presently, with the
understanding that if projects do come in they will be contracted
out on an as needed basis, with the City Manager authorized to
implement the layoffs effective immediately.
Report No. 2:
The Finance Committee met on Thursday, April 23, 1992, with Mayor
Leja, Council Member Russo, City Manager Bounds, Administrative
Services Director Wong and City Treasurer, Don Keesling,
attending.
Mr. Wong submitted the updated preliminary draft budget for 1992-
93 to the committee for review.
Prior to beginning the review, Council Member Russo pointed out
there are capital items shown in the budget, and this is due to
the fact that part of them are to be funded with CDBG money, so
must be shown in the budget, with the remainder being existing
lease payments.
The committee then reviewed individual department budgets,
discussing ways and means of cutting expenditures further in order
to mitigate the budget deficit, with this discussion addressing
all areas remaining, namely, operations & materials (0 &M) and
personnel, since there are no capital items included in this
preliminary budget.
The City Manager was directed to submit a comparative report
concerning privatization of vehicle maintenance, as opposed to in-
house vehicle maintenance, to the committee at its next meeting.
In reviewing expenditures vs revenue, the projected deficit at
this time is $784,514. The goal of the committee is to present a
zero deficit to the Council, with a balanced budget this coming
fiscal year.
Mr. Wong presented alternative methods of reducing the deficit,
with these alternatives discussed at length by the committee.
Included in this discussion was a review of employee benefits,
with Mayor Leja requesting information be gathered concerning the
possibility of finding other providers who would be willing to
work with the City to reduce costs.
The City Treasurer suggested the City investigate the cost of
Page 7
Beaumont City Council
April 27, 1992
contracting with PayChex for payroll services, with Mr. Wong to
obtain this information for the next committee meeting.
The City Treasurer agreed to evaluate the Finance Department
operations for the purpose of identifying areas for cost savings,
and bring a report to the next committee meeting.
Mr. Wong distributed a summary of fund balances for committee
review. It was pointed out this summary did not give the
committee the information they requested. They want a report
listing every facility by name, the type of account or investment
at that facility, and documentation from each facility (bank
statement, CD statement, etc.,) as verification of these accounts.
This report and backup documentation is to be submitted to the
committee at the next meeting.
The next committee meeting was scheduled for Thursday, April 30,
at 4:00 p.m.
Mayor Leja asked if there were any comments or questions regarding
the proposed recommendation by the Finance Committee. There being
no response, Council Member Russo restated the recommendation,
which was, basically, to lay off Mr. Koules and Mr. Fazekas
immediately, since there is very little activity presently in the
Planning Department.
He went on to point out there are only ten sewer hookups remaining
at this time. There are some projects presently in the works, and
it is his understanding if we were to get a development it could
be contracted out for those services that normally would be
handled by the Planning Department. The City is facing a $784,514
deficit for 1992 -93. The City must look hard now at ways to cut
expenses, and the only areas that are open are personnel and some
other benefit areas. The reality is - the City has to do
something. This is not an issue of personalities, it is an issue
of workload that isn't there, in a department that is presently
not being funded by fees.
Council Member Brey asked what the cost savings would be by
implementing this recommendation, with the City Manager responding
that $124,500 in salary and benefit costs would be realized.
Council Member Parrott asked if there were any other cuts which
could be made rather than these, with Council Member Russo stating
that they have looked at every department and, as he knows, the
City has already cut personnel in the Police Department - laid
off the Assistant City Manager and secretary - and made cuts in
other departments, and, basically, they are down to a bare bones
operation in those departments that are providing the every day
services in the City.
Mr. Russo continued that the committee certainly wishes this
department was booming with business, but it isn't, and the
prospects of it booming with business are -not likely in the next
two years until the wastewater treatment plant is on line, and
other issues relative to development are settled first.
Facts are facts - it is unfortunate - and there will probably be
other areas that will also have to be considered again. The
approach they are taking at this time is prioritizing by need, and
this department, right now, seems to be right up at the top of the
list.
Motion by Mayor Leja, second by Council Member Russo, to proceed
with the recommendation from the Finance Committee to lay off
Stephen Koules and Douglas Fazekas, for budget purposes, and the
fact there is little work to be done in this department at the
present time, with the City Manager authorized to implement the
layoffs effective immediately.
Page 8
Beaumont City Council
April 27, 1992
AYES: Council Member Brey, McLaughlin, Russo and Mayor Leja.
NOES: None.
ABSTAIN: Council Member Parrott.
ABSENT: None.
Senior Advisory Committee:
No report.
Planning Commission:
Mr. Michael Burch, Planning Commission member, addressed the
Council concerning their relationship with the Planning
Commission, with Mayor Leja stating the Council is very fortunate
to have a Planning Commission with such a diverse background who
are willing to take the time to work with the Council, and with
whom the Council is looking forward to establishing a very close
working relationship in the coming weeks.
LAND USE COMMITTEE:
Council Member Brey reported the Land Use Committee met on Friday,
April 24, 1992, in their first meeting, at which time they set
their goals and objectives. These included code enforcement,
nuisance abatement, building standards and completion of the
General Plan. One suggestion being worked on is a comment form to
be handed out with building permit applications, so the City can
receive feedback from the applicants.
Also, they are working on a handout pamphlet describing all
requirements the applicants must comply with prior to submitting
plans in order to cut down on processing time.
The next meeting date has not been set at this time.
11. CONSENT CALENDAR:
a. Approval of Minutes of Regular Council Meeting of April 13,
1992, and Special Council Meeting of April 20, 1992.
b. Acceptance of Minutes of Regular Planning Commission Meeting
of March 17, 1992.
C. Approval of Warrants as Audited per Warrant List of April 27
1992, in the amount of $242,491.58; Payroll of April 9, 1992,
in the amount of $60,097.72; and Special Payroll of April 20,
1992, in the amount of $1,640.58.
d. RESOLUTION NO. 1992 -13 - In Support of the Healthy Start
Initiative.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to adopt the Consent Calendar as presented.
AYES: Council Member Brey,
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
McLaughlin, Parrott, Russo and
Date Set for Next Regular Council Meeting, Monday, May 11, 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 8:29 p.m.
Resp tfull submitted,
City Clerk
Page 9
BEAUMONT CITY COUNCIL
MINUTES OF
MAY 11, 1992
The Beaumont City Council met in a regular meeting at 7:02 p.m., on
Monday, May 11, 1992, 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 Mayor 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 an urgency item be added to the agenda
pertaining to a request from the Rotary Club asking the Council to
provide an interpretation of Section 9.08 of the Municipal Code.
This interpretation and guidance to the club is regarding its
activities at the upcoming Cherry Festival, which is the reason
for the urgency of the matter.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to add an urgency item to the agenda for the Rotary
Club.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
This item was added as Agenda Item No. 12, with consideration
of the item prior to Agenda Item No. 3.
OUT OF SEQUENCE.
12. Request from Rotary Club to Amend Section 9.08 of the Beaumont
Municipal Code to Allow Gambling Type Game Booths for Charitable
Purposes.
The City Attorney explained that the City received a letter
requesting an interpretation of the City's ordinance barring
certain gambling activities within its jurisdiction. His
conclusion, following research of the matter, was that - providing
certain conditions are met - the Council is free to interpret the
prohibition against certain gambling activities not to include the
type of activity proposed by the Rotary Club in their letter dated
May 8, 1992.
He went on to discuss the ordinance and the laws of the State of
California, indicating that under the circumstances it would be
appropriate for the Council to interpret Chapter 9.08 as
permitting games of chance in which winnings can be paid in cash,
provided that participation in the game may be voluntary upon
request; that the proceeds are used for charitable purposes; the
games are conducted by a recognized community group; and they are
conducted on a short term, temporary basis, namely a maximum of
five days in view of the length of the Cherry Festival.
He recommended the Council should make this interpretation in the
form of a motion, stating that type of a game can be conducted
under those conditions, notwithstanding the apparent, absolute
prohibition of Section 9.08.
Page 1
Beaumont City Council
,y 11, 1992
Dr. Dennis Spurgin, President of the Rotary Club, addressed the
Council in support of allowing the Rotary Club to continue with
its activity at the Cherry Festival, as well as other groups
with similar activities.
Council Member Russo questioned Dr. Spurgin concerning the
type of prizes which are given, with Dr. Spurgin indicating that,
at this time, they are money prizes.
There were no other comments or questions from the Council.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to find that the ordinance prohibiting gambling within
the City limits not prohibit games of chance in which donations
can be made on a voluntary basis for charitable purposes, with
these games to be conducted by recognized community groups on a
short term, temporary basis not to exceed five consecutive days.
AYES: Council Member
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
3. ORAL COMMUNICATION:
Brey, McLaughlin, Parrott, Russo and
Mr. George Barak, 903 E. 14th, Beaumont, spoke to the Council
concerning a situation involving junk cars on property behind his
residence. The property in question is located at 1385 Michigan.
These wrecked cars are being brought in, with as many as fourteen
cars in the yard at one time. They are repairing these cars, with
welding equipment on the property, paint fogging out of the
building, the odor of lacquer drifting throughout the
neighborhood, and pounding and beating going on until late at
night.
He went on to advise he had already informed a number of City
officials about the problem, including the building inspector, the
police department, the Community Development Director, the City
Manager and Council Members, and nothing has been done about it at
this time, although Mr. Koules informed him the residents at that
property had been cited.
In addition to the wrecked cars, the property is overgrown with
waist high grass which, with the extension cords and welding
equipment being present, creates a fire hazard which could cause
damage to his property if a fire is set.
He concluded his statement with a request for the Council to do
something about this illegal activity in a residential area.
The City Manager advised the Council that since he and Council
Member McLaughlin had looked at the situation, they have been
working with the police department regarding it.
Mayor Leja asked if the nuisance ordinance is being reviewed, with
Mr. Bounds replying they are preparing to look at the existing
nuisance ordinance at this time. Mayor Leja commented she hoped
their goal was to make it more strict, and more efficient in the
time necessary to cite, so these situations can be cleaned up
rapidly.
Mayor Leja then informed Mr. Barak that she will personally be
contacting him in the next few weeks to let him know what is
happening.
Mr. C. W. Kamrath, 987 E. 14th, Beaumont, also addressed the
activity at 1385 Michigan, saying that you can see the welding
equipment on the adjacent property from the top of his garage,
with standard small extension cords running for at least 150 feet
through the grass, and stating that some action needs to be taken
Page 2
Beaumont City Counc
May 11, 1992
without further delay. He also referred to another problem
involving a field on the southeast corner of 1396 Pennsylvania,
and the sanitary conditions which exist there, with garbage being
dumped and old cars on the property. He felt it is a public
health and safety problem which needs to be cleaned up
immediately.
There were no comments or questions from the Council.
4. Request for Installation of Stop Sign on Elm Avenue in the
Vicinity of 11th Street.
The City Manager presented his report, a copy of which is a matter
of record in the Clerk's file. This report included a reference
to the Police Department traffic study which contained a
recommendation not to install a stop sign at this time, but rather
to install "Speed Enforced by Radar" signs in two locations. They
would then return a report to the City Council in six months
relative to the effectiveness of this speed control measure.
There were no questions or comments from the Council.
By consensus of the Council, with no opposition, staff was
directed to install "speed enforced by radar" signs on Elm Avenue
near 8th Street and near Meryl Avenue, with a report as to the
effectiveness of this speed control measure returned to the City
Council in six months, which would be the regular meeting of
November 9, 1992.
5. Request from Pass Resource Center for Waiver of all or a Portion
of City Fees for Issuance of a Public Use Permit.
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 to
waive the Public Use Permit fee of $750.00, but charge the regular
fee for building plan checking.
There were no comments or questions from the Council.
Motion by Council Member Parrott, second by Council Member
McLaughlin, to waive the Public Use Permit fee of $750.00, and
charge the regular fee for the building plan check, for the
building renovation by the Association for Retarded Citizens -
Riverside, at 702 East 11th Street.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
6. Request to Declare 1986 and 1987 Dodge Police Patrol Vehicles
Surplus Due to High Mileage and Age, and Authorization to Auction
Same.
The City Manager again presented his report, a copy of which is a
matter of record in the Clerk's file. The recommendation was to
declare the two vehicles surplus and authorize they be auctioned.
Council Member Russo questioned whether these vehicles have been
removed from the operating pool and replaced, and if so, what they
were replaced with. The City Manager responded they were just
pulled off and replaced with new vehicles.
Council Member Russo then asked if we had any new vehicles
remaining in storage, with the City Manager indicating the City
still has two left.
Mr. Russo then wanted to know how the auction procedure works as
opposed to selling them locally, and what percentage the City
receives from the auction.
Page 3
7.
Beaumont City Counci
May 11, 1992
The City Manager advised that the auction company takes
approximately six or seven percent for doing the auction work, and
since we have not auctioned one previously he doesn't know what we
might realize from the sale. Insofar as being sold outright in
the City, it would be necessary to obtain sealed bids, and one of
the reasons for using an auction service would be to have more
buyers than would be possible selling them locally. Also, it is
preferable for police vehicles to be sold out -of -town.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to approve the request to declare the two vehicles
surplus and authorize them to be sold at auction.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Report from City Manager Relative to Recruitment of New City
Manager.
The City Manager called attention to a collage of advertisements
for City Manager which were found in Jobs Available and Western
City magazine, as well as a proposed advertisement for publication
by the City in its recruitment for a new City Manager.
In addition, information obtained from Mery Feinstein, relative to
background investigation costs, indicates that $4,000- $5,000 would
be the high figure if the investigation took place within the
State of California, based on a scenario of the most difficult
location to reach. This figure would be reduced significantly if
the candidate were from somewhere in Southern California easily
accessible from this area. The figure would be negotiated when
the location is known where the background investigation would
take place.
For the benefit of the public, the City Manager read the proposed
advertisement in its entirety.
Discussion concerning the proposed advertisement followed, with
Mayor Leja stating it was imperative the ad be placed no later
then May 15 in order to meet the time frame proposed. Council
Member Brey questioned whether it would be better to have the
salary range included in order to obtain only those applicants who
would be interested in that salary range. It was pointed out
there is no salary range for the City Manager at the present time,
and a range would have to be established if they wanted to
include that information in the ad. Mr. Bounds also pointed out
that although the salary range was shown in the Police Chief ad,
one candidate who applied was currently earning $80,000 a year,
and still applied even though the salary range was considerably
lower than what he was currently earning.
Council Member Russo raised the question of funding for the City
Manager position, pointing out the projected deficit of $500,000
for this fiscal year and $700,000 for 1992 -93 totals 1.2 million
dollars. He then proposed alternatives for Council consideration,
one being to borrow from restricted funds, which would bail the
City out for only a period of two or more years.
His second option was for the Council to form a Mayoral /City
Council administration, meaning the Council and the Mayor would
assume some of the administrative responsibilities of the City,
and not get paid for them, thereby eliminating funding for
a City Manager as a cost savings to the City.
He presented justification for this second option at length,
indicating that the City Council must be creative rather than tied
to tradition if they want to see a financially stable City.
Page 4
Beaumont City Counc
May 11, 1992
Mayor Leja was in total opposition to this concept, stating at
length the reasons for her opposition, which included, but were
not limited to, lack of time on the Council's part, leaving the
City in limbo from election to election, and the need for the
stability of an innovative person filling the City Management
position who is qualified, aggressive and knows what they are
doing.
Council Member McLaughlin agreed with Mayor Leja, stating he
thinks the City does need a City Manager, as the average Council
Member, or citizen who may become a Council Member, does not have
the expertise or the time to do a proper job of City management.
In his opinion, a Mayor /Council operation will not work.
Council Member Brey also agreed, saying that in his experience,
even though there may be superintendents or department heads in
place, there still needs to be one person who makes the final
decision, and he felt the Council owed it to the citizens of
Beaumont to provide a good City Manager.
Motion by Council Member McLaughlin, second by Council Member
Bray, to approve the advertisement as presented, with direction to
the City Manager to publish in the periodicals discussed as soon
as possible.
AYES: Council Member Brey, McLaughlin, Parrott and Mayor
Leja.
NOES: Council Member Russo.
ABSTAIN: None.
ABSENT: None.
8. Council Committee Reports and Appointments.
Finance Committee:
Council Member Russo submitted his report concerning the Finance
Committee meeting of April 30, 1992, which basically stated that
a number of financial reports were received with the committee
reviewing these reports, as well as an updated preliminary draft
budget document. Discussion was directed to a number of financial
procedures, possible contract services, and a list of suggested
means of cutting costs within the City. These suggestions were
taken under consideration by the committee, with a new target date
for submittal of the budget to the City Council designated as the
first meeting in June.
One recommendation from the committee concerning engineering
services was returned to the committee for more information.
The next Finance Committee meeting will be held on Thursday, May
14, 1992, at 4:00 p.m.
Public Safety Committee:
Council Member Russo stated the Public Safety Committee report was
not yet ready and will be submitted at the next meeting.
Land Use Committee:
Council Member Brey reported there has not been a meeting of this
committee in the last two weeks, therefore there is no report.
Public Works Committee:
Council Member McLaughlin indicated there is no report since there
has not been a meeting of the committee.
Planning Commission:
No report.
Page 5
Beaumont City Counc
May 11, 1992
Senior Advisory Committee:
No report.
9. CONSENT CALENDAR — All Items Listed Under the Consent Calendar
are considered to be routine by the City Council and will be
approved on one motion. There will be no separate discussion of
these items unless a Council Member or Citizen so requests, in
which case the item will be removed from the Consent Calendar and
considered separately.
a. Approval of Minutes of Regular Council Meeting of April 27,
1992.
b. Approval of Warrants as Audited per Warrant List of May 11,
1992, in the amount of $80,689.59; Payroll of April 23, 1992,
in the amount of $61,070.56, and Special Payroll of April 26,
1992, in the amount of $2,671.65.
C. Approval of Mutual Aid Agreement with Oak Glen Conservation
Camp, and Authorization for Chief Smith to Execute Same.
d. Approval of City Manager Vacation Carryover.
Motion by Council Member McLaughlin, 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.
10. 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 Luigi Renna vs City of Beaumont,
Case No. 204991, Riverside Superior Court.
b. Pursuant to Government Code Section 54957 to Consider
Public Employee Personnel Matters.
The meeting was recessed to closed session at 8:00 p.m.,
reconvening to regular session at 8:39 p.m.
11. Set Date for Next Regular Council Meeting Due to May 25 being a
City Holiday.
The regular meeting of Monday, May 25, 1992 was canceled due to
City holiday.
Date set for next regular Council Meeting, Monday, June 8, 1992,
at 7:00 p.m., in the City Council Chambers.
12. Request from Rotary Club to Amend Section 9.08 of the Beaumont
Municipal Code to Allow Gambling Type Game Booths for Charitable
Purposes. HEARD OUT OF SEQUENCE PRIOR TO ITEM NO. 3.
There being no further business to come before the Council, the
meeting was adjourned at 8:40 p.m.
Respectfully submitted,
Page 6
BEAUMONT CITY COUNCIL
MINUTES OF
JUNE 8, 1992
The Beaumont City Council met in a regular meeting at 7:00 p.m., on
Monday, June 8, 1992, 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 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
agenda by the Deputy City Clerk.
2. Adjustments to Agenda.
There were no adjustments to the agenda.
3. ORAL COMMUNICATION:
There was no one requesting to speak during oral communication.
4. Consideration of Claim for Damages Filed by Ron E. Varella
Company.
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 from
the City's claims adjuster and City attorney for rejection of the
claim.
There were no questions or comments from the Council.
Motion by Council Member McLaughlin, second by Council Member
Parrott, 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 Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
5. Consideration of Claim for Damages Filed by Dan Perry.
The City Manager presented his report, with a recommendation from
the City's claims administrator and City Attorney for rejection of
the claim. This report is a matter of record in the Clerk's file.
There were no questions or comments from the Council.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to reject the claim based on the following findings:
1. That the documents and evidence reviewed thus far fails to
establish liability on the City of Beaumont.
2. It is impossible to adequately evaluate the claim without
extensive discovery.
Page 1
:aumont City Council
June 8, 1992
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
6. Consideration of Application Received for Appointment to Senior
Citizens Advisory Committee.
An application from Clorinda Wagner for appointment to the Senior
Citizens Advisory Committee was submitted to the Council by the
City Manager, with a recommendation from both himself and the
Senior Center Director for appointment of Ms. Wagner to the
committee.
There were no comments or questions from the City Council.
Motion by Council Member Parrott, second by Council Member
McLaughlin, to appoint Clorinda Wagner to the Senior Citizens
Advisory Committee, with a term of office expiring January 31,
1994.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
7. Request from Pass Resource Center for Waiver of a Portion of City
Fees.
The City Manager called attention to the previous request for
waiver of fees by the Association for Retarded Citizens, and the
fact he had indicated he would be bringing back additional
requests for fee waivers as various applications were filed.
In this case he recommended that a portion of the EIR and Variance
fees be waived.
There were no comments or questions from the Council.
Motion by Council Member McLaughlin, second by Council Member
Russo, to waive $400.00 of the $500.00 variance fee and $150.00 of
the $250.00 EIR fee, charging $100.00 for each fee for the
building renovation by the Association for Retarded Citizens -
Riverside, at 702 East 11th Street.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
8. Consider Hiring Consulting Firm to Provide Planning Services to
the City.
The City Manager reported he had been working with several
planning consulting firms concerning contract work for the City,
and had narrowed the field down to one firm. He recommended the
Council hire Terra Nova Planning and Research, Inc. to review the
Noble Ranch project.
Council Member Russo asked if they would have to adopt a fee
schedule for the various things that have to be done, with the
City Manager stating a fee schedule is included with their
proposal, which is based on an hourly rate, however, the fees have
already been paid by the developer and Terra Nova knows that, and
they will be working with the City to stay within the fees which
have been paid.
Page 2
: aumont City Council
June 8, 1992
Mr. Stephen Koules, 281 W. 4th Street, Beaumont, addressed the
Council in opposition to hiring planning consultants.
There were no other comments, and no additional questions from the
Council.
Motion by Council Member Russo, second by Council Member Brey,
to direct the City Manager to use the services of Terra Nova
Planning and Research, Inc. for the Noble Ranch Development.
AYES: Council Member Brey, McLaughlin, Russo and Mayor
Leja.
NOES: None.
ABSTAIN: Council Member Parrott.
ABSENT: None.
9. Consider Approval of Proposed Measure A Local Fund Program for FY
1993 -1997.
The City Manager presented a lengthy report concerning the
Measure "A" local funds program and the requirement to submit the
City's proposed programs for FY 1993 -1997 to the Riverside County
Transportation Commission. This report, along with the proposed
programs, are a matter of record in the Clerk's file.
Council Member Russo wanted to know if the Council chooses, once
this proposed program has been submitted, and it then appears
other streets have a greater need for repair than Beaumont Avenue,
could change the program. Mr. Bounds said the programs can be
changed, however, RCTC is striving - because of the way the
measure was sold to the voters - to stay as much as possible with
heavy construction. This would mean the more heavily traveled
streets such as 6th Street and Beaumont Avenue.
Mr. Bounds went on to say what RCTC would be looking at is - is
the City doing those kinds of streets that are difficult to do
with local monies, in other words it would have to be at least a
two inch overlay, or major construction of some type.
Mr. Russo then asked for clarification of the amount of funds
which would be available to the City from Measure "A ", with the
City Manager indicating there is $2599450 presently in the Measure
"A" account for the City, with $1379487 estimated to be received
in fiscal year 1992 -93. He then directed attention to the
information provided by RCTC which includes an estimate of funds
to be received through 1997.
There were no other questions or comments from the Council.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to approve the City Manager's proposed Measure "A" Local
Funds Program for FY 1993 -1997, and authorize transmission of same
to RCTC.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
10. Selection of City's Self Insured Retention Amount.
The City Manager presented his report, a copy of which is a matter
of record in the Clerk's file. His recommendation was to accept
the offer of a $50,000.00 self insured retention.
There were no questions or comments from the Council.
Motion by Council Member Russo, second by Council Member Brey,
to direct the City Manager to accept Insurance Company of the
West's offer of liability insurance for the City with a
$50,000.00 self insured retention for FY 1992 -93.
Page 3
AYES: Council Member
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
"'aumont City Council
ine 8, 1992
Brey, McLaughlin, Parrott, Russo and
11. Committee Reports and Appointments.
a. Appointments to Park Committee. (Continued from April
27, 1992.)
Mayor Leja removed this item from the agenda.
FINANCE COMMITTEE:
The Finance Committee report was submitted by Council. Member
Russo, as follows:
The Finance Committee met on Thursday, May 14, 1992, with Mayor
Leja, Council Member Russo, City Manager Bounds, Administrative
Services Director Wong and City Treasurer Donald Keesling
attending.
Reports submitted by Mr. Wong, along with the preliminary draft
budget, were reviewed with discussion centering once again on the
projected deficit for both this fiscal year and the 1992 -93 fiscal
year, ways and means of mitigating this deficit, and possible
sources for increased revenues.
It was agreed the recommendation by the committee to terminate the
present consultant City Engineer services, would be submitted to
the City Council at their regular meeting of June 8. It will also
be recommended that any engineering services required be
contracted on a project by project basis, with the costs paid by
fees generated by the individual project.
It was concluded that a date for a City Council study session will
be set at the June 8 Council meeting. This study session will be
for the purpose of review of the preliminary draft budget document
as it is at this time, with any changes resulting from previous
action of the Council. In addition, the Council will be asked to
review suggested options available to mitigate the deficit.
No date was set for the next Finance Committee meeting.
Termination of City Engineering Services by dames L. Dotson.
Motion by Council Member Russo, second by Council Member
McLaughlin, to terminate the present City Engineer services with
James Dotson, and adopt a procedure similar to that in planning in
that the City will contract for engineering services on a project
by project basis with the cost for that paid by the individual
project.
AYES: Council Member
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
LAND USE COMMITTEE:
Brey, McLaughlin, Parrott, Russo and
The Land Use Committee report was submitted by Council Member
Brey, as follows:
The Land Use Committee met on Thursday, May 289 1992, with Mayor
Leja, Council Member Brey (serving as Chairman), City Manager
Bounds and City Attorney Aklufi attending.
Page 4
" aumont City Council
,jne 8, 1992
Andi Adams and Bryan Speegle, of Culbertson, Adams & Associates,
the City's consultant for preparation of the General Plan, were
introduced.
Ms. Adams and Mr. Speegle presented information regarding the need
for a General Plan update; what the updated General Plan will be
addressing; the procedure which has been followed to date, based
on the City's instructions; its status at this time, and what is
needed to complete it.
This was a lengthy presentation during which time numerous
questions were asked by the committee members and the City
Attorney, with the status and implementation of the General Plan
discussed in depth. The consultants pointed out that comments
still have not been received from the City, which is the reason
the General Plan is stalled. They went on to emphasize the
importance of knowing if this draft document is what the City
desires.
The method of presenting the draft General Plan to the City
Council and Planning Commission was discussed, with all agreeing
that a clear, concise summary should be prepared so they can see
what the guidelines are, and everyone will know what they are
looking at, without getting involved in a lot of technical issues.
It was also agreed this presentation should be made at a joint
session of the City Council and Planning Commission to be
scheduled as soon as possible. It will be the committee's
recommendation to the City Council, at its June 8 meeting, to set
the date of June 22 for this joint session.
Additionally, it is recommended this joint session be noticed as
a public hearing, with press releases encouraging the public to
attend and participate, in order to find out what is most
important to the people of the community and their vision of the
City.
Direction was given to the consultants concerning the length and
type of presentation desired, with the consultants to prepare a
suggested notice for publication.
Attention was directed to a request from the developer of the
Rolling Hills project, with the City Attorney indicating the City
Council cannot comply with this request at this time as it would
be giving entitlements without having a plan before them, and the
project needs to be processed through staff. The committee
directed the City Manager to work with the developer on the
details of processing this project, with a letter to be mailed to
the developer immediately.
Setting Date for Joint Workshop.
Motion by Council Member Bray, second by Council Member Russo, to
set the date of June 22, at 7:00 P.M., as the date for a joint
session with the Planning Commission regarding the General Plan,
with the regular Council meeting starting at 6:00 P.M.
AYES: Council Member
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
PUBLIC SAFETY COMMITTEE:
Brey, McLaughlin, Parrott, Russo and
Council Member Russo reported the Public Safety Committee met on
May 21, in a fairly brief meeting, with general discussion.
He indicated that, as yet, he does not have a formal report of
Page 5
. aumont City Council
June 8, 1992
that meeting, but will have that report at the next meeting.
He went on to say it appeared they would be faced with many
challenges, but he believed they were meeting the basic needs of
the community at this time, and he knows there is a sincere effort
on the part of both the fire and the police agencies to do all
they can to continue to meet those, and the challenges they are
being presented with. He felt they were very positive meetings.
Mayor Leja asked if there has been an effort or progress being
made toward volunteerism or neighborhood watch programs.
Mr. Russo said they discussed the possibility of initiating
programs such as this, and called on Chief Smith to address that
issue further.
Chief Smith indicated volunteers have been discussed, and it will
be an important part of future programs. At this point they are
still working with budget and reorganizing, and hope to be able to
institute a good volunteer program. The key to the volunteer
program is going to be someone from within the community that has
some abilities in organization and management, so they can have a
fully volunteer program, run by a volunteer. They are looking for
names. They have received a couple of names, however, they are on
vacation for three months, so they are stalled with those
recommendations at this time. Any recommendation from the Council
would be greatly appreciated.
PUBLIC WORKS COMMITTEE:
Council Member Parrott reported that as a member of the Pass Water
Resources Council, he wanted to report they have had several
meetings, with one scheduled for tomorrow. On Wednesday they will
take a tour of the existing and proposed facilities for bringing
water from Yucaipa into the Pass area. Things are moving along,
and he is very glad to see they have caught on fire and are going
to bring the water along with it.
Mayor Leja advised they would expect to have a full report from
Mr. Dendy at the next Council meeting.
SENIOR ADVISORY COMMITTEE:
No report.
PLANNING COMMISSION:
No report.
b. Appointments to City Manager Screening Committee.
The City Manager reported a total of 36 applications have been
received from the two ads which have been published as of this
date. The acceptance of applications will be closed on June 30,
and the task of the screening committee would be to review all the
applications and weed out those which do not meet the criteria.
Mayor Leja asked for volunteers to serve on this committee, with
Council Member Parrott and Council Member McLaughlin indicating
they would be willing to serve on this committee.
There being no opposition, Council Member Parrott and Council
Member McLaughlin will serve as the City Manager Screening
Committee.
12. RESOLUTION NO. 1992 -16 - Fixing the Times Of The Regular Meeting
Of The City Council Of The City Of Beaumont, and Repealing All
Resolutions In Conflict Herewith.
Page 6
Beaumont City Council
une 8, 1992
The City Manager explained that the Land Use Committee discussed
the possibility of moving up the June 22nd meeting to 6:00 p.m.,
in order to accommodate the joint session at 7 :00 p.m. Comments
were then made to the effect they would like to see a resolution
on the agenda for Council consideration of changing the meeting
time to 6 :00 p.m. for all Council meetings.
There were no questions or comments from the Council.
Motion by Council Member Russo, second by Council Member
McLaughlin, to adopt Resolution No. 1992 -16.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
13. Set Date for Council to Hold a Study Session Regarding the
Preliminary 1992 -1993 Fiscal Year Budget.
The date of Monday, June 15, 1992, at 5 :00 p.m., was set as the
date to hold a Special Meeting for the purpose of reviewing the
preliminary 1992 -1993 Fiscal Year Budget.
14. CONSENT CALENDAR - All Items Listed Under the Consent Calendar
are considered to be routine by the City Council and will be
approved on one motion. There will be no separate discussion of
these items unless a Council Member or Citizen so requests, in
which case the item will be removed from the Consent Calendar and
considered separately.
a. Approval of Minutes of Regular Council Meeting of May 11,
1992.
b. Acceptance of Minutes of Regular Planning Commission Meeting
of April 21, 1992.
C. Approval of Warrants as Audited per Warrant List of June 8,
1992, in the amount of $390,344.06; Payrolls of April 23, May
7 and May 21, 1992, and Special Payrolls of May 22 and May 29,
1992, in the amounts of $61,070.56, $639872.66, $59,194.409
$5,299.11 and $1,508.90 respectively.
d. RESOLUTION NO. 1992 -14 - Rescinding Ordinance No. 561 and
Adopting a Conflict of Interest Code.
e. RESOLUTION NO. 1992 -15 - Resolution of Intention to Order
Abandonment of Portions of Fifth Street and Edgar AVenue.
Applicant: Floyd E. Cannon.
Motion by Council Member McLaughlin, 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.
15. 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 7:40 p.m.,
reconvening to regular session at 8:28 p.m.
Page 7
eaumont City Council
June 8, 1992
Date set for next regular Council Meeting, Monday, June 22, 1992,
at 6:00 P.M., in the City Council Chambers, with a Joint Session
of the City Council and Planning Commission regarding the General
Plan update, at 7:00 P.M., in the Multi- Purpose Room.
A special meeting has been called for Monday, June 15, 1992, at
5:00 p.m., in the City Council Chambers, to discuss the 1992 -93
fiscal year budget.
There being no further business to come before the Council, the
meeting was adjourned at 8:29 p.m.
Respectfully submitted,
City Clerk
Page 8
BEAUMONT CITY COUNCIL
MINUTES OF
SPECIAL MEETING OF
JUNE 15, 1992
The Beaumont City Council met in a special meeting at 5:00 p.m.,
on Monday, June 15, 1992, 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
agenda by the Deputy City Clerk.
2. Review of Proposed 1992 -93 Budget.
Administrative Services Director Ronney Wong presented the
preliminary budget dated June 8, 1992 with an estimated
revenue of $3,414,670 and expenditures of $3,920,070, leaving
a deficit at this date of $505,400.
It was determined there was no need to go through the budget
line by line, with the City Manager indicating he had nothing
to add unless the Council is prepared to discuss the
possibility of additional layoffs, with ten full time
personnel having been laid off at this time.
At the request of Council Member Russo, Mr. Wong displayed on
the chalkboard the available revenues in all funds which could
be used for general fund expenditures.
Discussion followed specifically addressing available
revenues, including borrowing from restricted funds, and the
ways and means of mitigating the deficit, with the conclusion
being there is nothing left to take out in the way of capital
items, therefore, the City Council must look at salaries and
benefits, additional layoffs, and /or a furlough of one day
every pay period. Additionally, the Council was asked to
determine the deficit amount acceptable to them, or which they
felt the City could bear this fiscal year.
The City Manager presented a suggested list of five full time
and two part time employees for consideration of possible lay
off, with the salary and benefit amounts shown to indicate the
savings which would be realized. He pointed out one of the
positions had already been deleted from the budget in error,
so the actual savings realized by implementing these lay
offs would be $151,938.00.
He also presented the figures relative to a possible one day
furlough both with and without the police department included.
He did point out that if the police department were included,
the savings would probably be exceeded, for both sworn
officers and dispatchers, by the overtime required by
unexpected occurrences, illness, court time, etc.
Council Member Mclaughlin stated he felt there was no
indication they would be able to balance the budget by
implementing any of the layoffs, pay reductions or furlough,
and he would prefer to borrow from restricted funds and
balance the budget, rather than consider any of the other
options at this time.
Council Member Brey said it was obvious they could not come up
with a zero balance at this time, however, it would be
Page 1
Bear nt City Council
June 15, 1992
irresponsible of them to accept a half million dollar deficit,
and he felt the budget should be shaved where they can,
realizing there will still be a negative balance.
Council Member Parrott felt a 10% reduction in pay across the
board for all City employees is what the Council should do to
bring the deficit down.
The Council reviewed the suggested layoffs by individual
department, with questions asked of the City Manager and
Administrative Services Director concerning the impact on
these departments.
By implementing the layoffs, the deficit would be reduced to
$3449362. If a 10% reduction in pay were considered, the
deficit could further be reduced to $176,706, which the City
Manager advised included a $9,100 savings he has not yet
presented to the Council.
The meeting was recessed at 6:00 p.m., reconvening at 6:10
p.m.
Mayor Leja stated she was not prepared to make any major
decisions as a result of the discussion thus far, and asked if
there were any other comments from the Council. If not, she
would move to the next agenda item.
There were no further comments or questions.
3. Recess to Closed Session Pursuant to Government Code Section
54957 to Consider Public Employee Personnel Matters.
The meeting was recessed to closed session at 6:12 p.m.,
reconvening to regular session at 7:30 p.m.
Mayor Leja summarized that what had been discussed by the
Council up to this point concerned the General Fund deficit of
$505,400, a suggested layoff proposal submitted by the City
Manager, and determination of the amount of deficit the
Council wants to achieve, realizing they cannot reduce the
full deficit.
She then directed the discussion back to these issues, asking
for comments from the Council.
There being no comments from the Council, she continued that
she is in favor of the proposed layoffs with the exception of
Department 2150, Building Inspection. This adjusted savings
would be $116,434.
The
City Manager called attention to
the fact there is one lay
off
which had
already been deducted
from the budget in error,
and
which is
not shown on the list
presented to the
Council.
This
is from
Department 5050, Vehicle Maintenance,
with the
dollar
amount
having already been
deleted from the
budget.
4. Action on Budget Related Items.
Motion by Council Member Brey, second by Council Member
McLaughlin, to accept the proposed layoffs with the exclusion
of Department 2150, and the inclusion of Department 5050.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
The City Manager indicated that with the $116,434 realized by
these layoffs, and an additional $9,100 item that he has not
yet discussed, the adjusted deficit amount would be $379,866.
Page 2
Beau nt City Council
June -5, 1992
Council Member McLaughlin said he felt the deficit amount the
City could bear would be $275,000, which would leave $104,866
still needed to be cut from the budget, and direction should
be given to staff to see if they can find anything further to
achieve the $104,866 cut.
Council Member Russo agreed they cannot balance the budget to
a zero balance, but even with the cuts that have been made
this evening, and the direction given to cut the additional
$104,000, he felt there needs to be an understanding there may
be a need for further cuts down the road, and also, there
should be a quarterly review of the budget to make sure they
don't exceed the deficit the Council is willing to accept.
It was determined this meeting would be adjourned to Friday,
June 19, 1992, at 5:00 p.m., to receive the report from the
City Manager concerning additional cuts to achieve the
deficit amount of $275,000.
Mayor Leja brought up the landscape and lighting district
being proposed by the Beaumont- Cherry Valley Recreation and
Parks District, stating it was definitely a budget related
item and appropriate for discussion, asking for comments from
the Council.
Council Member Russo wanted it made clear that, as Mayor Leja
mentioned earlier, this is not an effort of the City of
Beaumont to raise taxes for anyone, but is purely the
Beaumont - Cherry Valley Recreation and Parks District, and he
felt that when the City is trying everything they can do to
balance budgets, he did not feel it was a time to place an
assessment on every parcel in the City of $60.00 a year. He
then proposed the adoption of a resolution opposing this
assessment district.
RESOLUTION NO. 1992 -18 - Opposing the Proposed Landscape and
Lighting District No. 1 by the Beaumont - Cherry Valley
Recreation and Parks District.
Motion by Council Member Russo, second by Council Member Brey,
to adopt Resolution No. 1992 -18.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
There being no further business to come before the Council,
the meeting was adjourned to 5:00 p.m., on Friday, June 15,
1992, in the City Council Chambers, at 7:43 p.m.
Respectfully submitted,
City Cl-erfE
Page 3
BEAUMONT CITY COUNCIL
MINUTES OF
ADJOURNED
SPECIAL MEETING OF
JUNE 19, 1992
(Adjourned from June 15, 1992)
The Beaumont City Council met in a special meeting at 5:07 p.m.,
on Friday, June 19, 1992, 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. Continued Review of Proposed 1992 -93 Budget.
The City Manager submitted his report concerning the efforts
of staff to reduce the budget by $104,866 to achieve the
desired $275,000 deficit, with the following recommendations:
a. The Police Department to use asset seizure funds to pay for
two of their capital items - the dictaphone
lease - purchase and the Xerox copier lease - purchase and
maintenance contracts.
b. The building maintenance person's time was previously
charged 50% to sewer, however, this year's budget shows
only 40 %, so it is recommended this be changed back to
50 %.
C. Deduct $12,450 from Account 1350, Community Development
Department.
d. Deduct $13,405.00 from Account 2050, Police Department.
e. Deduct $200.00 from Public Works.
f. Deduct $4,800 from Streets.
g. Deduct $6,300 from Vehicle Maintenance.
h. Deduct $2,000 from Parks.
The City Manager explained briefly what the deductions were,
and their affect on the departments.
These deductions would leave a remaining balance of $31,210 of
the $104,866 originally earmarked, and the management group
has recommended that, in order to avoid any additional
layoffs, the City Council remove the Chamber of Commerce
allocation of $13,974 from the budget. Secondly, if salaries
were cut, that the 2% reduction be exchanged for two
additional vacation days for fiscal year 1992 -93 only.
It was the City Manager's recommendation that discussion on
a pay reduction across the board should be held in closed
session since negotiations have not been held with the
bargaining units.
The Council reviewed the recommended cuts by individual
department, with questions being asked of the City Manager.
Mr. Russo specifically questioned the amount being left in
Item 4060 of the budget for Community Development, asking if
this couldn't be eliminated altogether, with the City Manager
advising that, in his experience, the City will need some
Page 1
Beaumont City Council
Jun '.9, 1992
money in this account. However - it could probably be cut by
$20,000 or $30,000, as long as the Council remembered it had
been cut, and they would not be able to do some things
because there is no money in the budget.
Based on this discussion, the City Manager recommended that
$30,000 in contract services in the Community Development
Department be taken from that budget. This would leave a
balance of 1,210 to reach the goal of $104,866 in cuts, which
he felt could be taken from someone's budget in order to zero
out the $104,866, with no cuts in pay.
In clarifying this recommendation, it was determined that
account 1350 -4060 would be reduced by a total of $40,000,
which leaves only $1,210 short of the $104,866.
There were no other comments or questions.
2. Recess to Closed Session Pursuant to Government Code Section
54957 to Consider Public Employee Personnel Matters.
The meeting was recessed to closed session at 5:30 p.m.,
reconvening to regular session at 5:55 p.m.
Council directed the City Manager to complete negotiations
with the employee bargaining units, and to bring back a budget
with no greater than a $275,000 deficit to the regular Council
meeting on July 13, 1992. The Mayor announced there will be
no cuts in pay at this time pending any further developments
that could occur at the State level.
3. Action on Budget Related Items.
No action was taken.
There being no further business to come before the Council,
the meeting was adjourned at 5:57 p.m.
Respectfully submitted,
City Clerk
Page 2
BEAUMONT CITY COUNCIL
MINUTES OF
JUNE 22, 1992
The Beaumont City Council met in a regular meeting at 6:02 p.m., on
Monday, June 22, 1992, 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
agenda 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 Stage Stop RV, Inc. for Permit to Operate as a
Pawnbroker at Their Current Business Address.
The staff 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 approval.
Discussion followed, during which a number of questions were asked
of the applicant, Mr. Gustuson. The City Attorney recommended the
request be continued to the next regular meeting to allow him to
obtain additional information concerning questions that he had
relative to land use, and whether or not what the applicant is
agreeing to do or not to do is enforceable.
There being no objections from the Council, this agenda item was
continued to the regular meeting of July 13, 1992.
5. Committee Reports and Appointments.
Finance Committee:
No report.
Public Safety:
No report.
Land Use:
No report.
Public Works /Water:
No report.
Planning Commission:
No report.
Page 1
Beaumont City Council
JunE 2, 1992
Senior Citizens Advisory Committee:
No report.
a. Appointments to Parks Committee. (Continued from June 8,
1992)
Mayor Leja announced that, in addition to the three people
previously appointed to the Parks Committee, she is appointing the
following to serve on this committee:
Mrs. Bill Russell
Mrs. Desiree Cabrera
She then requested Council Member Russo to serve on this committee
as a representative from the City Council.
She asked that a date be set for this committee's first meeting as
soon as possible within the week.
6. CONSENT CALENDAR - All Items Listed Under the Consent Calendar
are considered to be routine by the City Council and will be
approved on one motion. There will be no separate discussion of
these items unless a Council Member or Citizen so requests, in
which case the item will be removed from the Consent Calendar and
considered separately.
a. Approval of Minutes of Regular Council Meeting of June 8,
1992.
b. Acceptance of Minutes of Regular Planning Commission Meeting
of May 19, 1992.
C. Approval of Warrants as Audited per Warrant List of June 22,
1992, in the amount of $80,418.91; and Payroll of June 4,
1992, in the amount of $54,866.87.
d. Approval of One Year Extension of Lease of City Property to
Pass Area R.C. Modelors, Chapter 1950 of the Academy of Model
Aeronautics, Inc., for the Purpose of Flying Model Airplanes.
e. RESOLUTION NO. 1992 -17 - Approving the Final Map of Tract No.
23570 -1, Accepting Grant of Easement - Drainage and Authorizing
Filing Thereof with the Riverside County Recorder. (Cokely/
Elm Avenue).
f. Report of Planning Commission Action at Regular Meeting of
June 17, 1992.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to adopt the consent calendar as presented.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
7. Recess to Closed Session To Meet With Its Designated
Representative Regarding Labor Relations Matters Pursuant to
Government Code Section 54957.6.
It was determined there was no need for a closed session.
Since the regular meeting of the Council has ended prior to 7:00
p.m., the meeting was recessed at 6:30, reconvening at 7:00 p.m.
8. Adjourn to Joint Workshop with Beaumont Planning Commission
to Receive a Summary by City Staff and its Consultant of a
Draft Update and Technical Refinement of the Beaumont General
Plan.
Page 2
Beaumont City Council
Jun( '2, 1992
The meeting was adjourned to the joint workshop in the Multi -
Purpose Room at 7:00 p.m.
Let the record show that all five Council Members, as well as four
Planning Commissioners, attended. Planning Commissioner Kurtis
Kisling was excused.
A presentation was given by Andi Adams and Bryan Speegle, of
Culbertson, Adams & Associates, concerning the update of the
City's General Plan, followed by a question and answer period.
An Ad Hoc Committee was appointed consisting of Council Member
Russo and Planning Commissioner Burch for the purpose of review
of any questions and comments that come in, and preparing a list
to send to Culbertson, Adams & Associates.
The meeting reconvened to regular session at 7:44 P.M.
Date Set for Next Regular Council Meeting, Monday, July 13, 1992,
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 7:45 p.m.
Respectfully submitted,
City Clerk
Page 3
BEAUMONT CITY COUNCIL
MINUTES OF
JULY 13, 1992
The Beaumont City Council met in a regular meeting at 6:00 p.m., on
Monday, July 13, 1992, 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 Mayor 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 regarding
pending litigation and personnel be added to the agenda
pursuant to Government Code Sections 54956.9(a) and 54957
due the fact that the matters to be taken up by the Council have
only recently come to light after the agenda was posted.
The Mayor said it would require a 4/5 vote of the Council to add
this to the agenda, and called for a motion.
Motion by Council Member Russo, second by Council Member Parrott,
to add a closed session for litigation and personnel purposes.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
The closed session will be added as Agenda Item No. 12.
The Mayor then announced that Item No. 9, (Adoption of Final
Budget for Fiscal year 1992 -93), will be removed from the agenda,
since the budget was only received today, and there are some
changes that need to be made in that document.
3. ORAL COMMUNICATION:
There was no one requesting to speak during oral communication.
4. PUBLIC HEARING - 6:00 P.M. - NEGATIVE DECLARATION 92 -ND -2.
APPLICANT: Association for Retarded Citizens, Pass Resource
Center. LOCATION: 702 E. Eleventh Street. PROJECT DESCRIPTION:
Renovation of a 60 year old building which provides day services
to individuals with severe mental retardation. (92- PUP -1,
92 -V -1).
The negative declaration finds this project will not have a
significant impact on the environment.
The staff report was received from the City Manager, with a
recommendation for adoption of the negative declaration based on
the findings. This report is a matter of record in the Clerk's
file.
The public hearing was opened at 6:10 P.M.
There was no one requesting to speak.
Page 1
5.
C
Beal nt City Council
July 13, 1992
The public hearing was closed at 6:11 P.M.
Council Member Russo asked, in light of the recent ground
movement, is it the City's responsibility to do additional
checking of the building prior to adopting a negative declaration
on those issues relative to earth conditions, conditions of the
building, etc.
The City Manager responded that is basically a building condition,
and has no bearing on the negative declaration, as it would be a
part of the project approvals.
There were no other questions or comments from the Council.
a. Consideration of Adoption of Negative Declaration 92 -ND -2
based on the findings.
Motion by Council Member McLaughlin, second by Council Member
Russo, to adopt Negative Declaration 92 -ND -2, based on the
findings.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Request from Stage Stop Enterprises, Inc. for Permit to Operate
as a Pawnbroker at Their Current Business Address. (Continued
from June 22, 1992).
The City Manager reported that the letter of request submitted to
them in this packet has been reworded somewhat, and the City
Attorney approves of the request as it stands now in the letter.
There were no questions or comments from the Council.
Motion by Council Member Parrott, second by Council Member
McLaughlin, to approve the request from Stage Stop Enterprises,
Inc. for permit to operate as a pawnbroker at their current
business address.
AYES: Council Member Brey,
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
McLaughlin, Parrott, Russo and
Appointment of Oral Boards for City Manager Selection Process and
Authorize Notification of the Candidates Selected for Interview.
The City Manager presented his report, a copy of which is a matter
of record in the Clerk's file. This report included the
recommended time frame for continuance of the City Manager
recruitment process.
Discussion followed regarding the dates suggested, appointment of
oral boards, notification of the candidates and the procedure to
be used for the background investigation of the successful
candidate.
Motion by Council Member McLaughlin, second by Council Member
Brey, to:
1. Authorize the City Manager to notify candidates selected by
telephone July 14 and 15, and send a follow -up letter.
2. Set date for oral interviews of July 29, 1992.
3. Request Council Members to submit suggested names for
Page 2
oral boards to the City
afternoon, July 14, 1992.
Beaumont City Council
July 3, 1992
Manager no later than Tuesday
4. City Council meet at 6:00 p.m. on July 29 to interview
three final candidates.
5. Authorize City Manager to hire Mery Feinstein to do the
background investigation.
6. Set tentative schedule of special meeting of August 3 or
regular meeting August 10, to offer job to final candidate
selected, with the new City Manager to report to work August
24 or September 14, which schedule shall remain flexible
depending on the previous steps taken.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
7. RESOLUTION NO. 1992 -20 - Authorizing the Signing and Execution of
the Memoranda of Understanding Between the City of Beaumont and
the General Employees Unit of the Public Employees Association of
Riverside County, Inc.; the Beaumont Confederation of Police of
the California Organization of Police and Sheriffs; the Police
Sergeants as Individuals; and the Management and Administrative
Employees as Individuals.
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 McLaughlin, second by Council Member
Parrott, to adopt Resolution No. 1992 -20.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
8. RESOLUTION NO. 1992 -21 - Establishing the Salary and Benefits of
the City Manager.
The City Manager explained the only reason for adopting this
resolution is - since the prior MOU referenced in the old City
Manager resolution is now null and void by adoption of Resolution
No. 1992 -20 - this resolution provides language to include the
1992 -93 Management MOU. There are no other changes in this
resolution from the preceding resolution.
Motion by Council Member McLaughlin, second by Council Member
Russo, to adopt Resolution No. 1992 -21.
AYES: Council Member Bray, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
9. Adoption of Final Budget for Fiscal Year 1992 -93.
This item was removed from the agenda under Adjustments to the
Agenda.
10. Council Committee Reports and Appointments.
Finance Committee:
No report.
Page 3
Beaumont City Council
July 3, 1992
Public Safety:
No report.
Public Works /Water:
Council Member McLaughlin reported a meeting had been held with a
good group attending and a good agenda. It is his opinion the
City is progressing in the right direction, however, as is
frequently the case, there is so much to be done, he doesn't want
them to forget the committee has been formed to get water and to
take care of sanitation /sewer. The agenda of this last meeting
had so many other items on the agenda, he is concerned they are
not staying with the specific purpose of the committee.
He went on that he was glad to see the Pass Water Agency will be
invited to all future meetings.
He did point out these are open meetings, and everyone is invited
to attend. He feels they are headed in the right direction for
the future of the Pass Area.
Council Member Parrott reported there would be a Pass Water Agency
Council meeting tomorrow morning, and so far these meetings have
been very fruitful and he thought they would be getting water here
one of these days.
The City Attorney reported that he is sending a letter to Kay
Ceniceros and to the Pass Water Agency president to invite them to
attend the next meeting. He reported further that he has prepared
a proposed agreement, which will be passed out to each of the
Council tonight, which is an agreement to form the Pass Area Task
Force, which would include not only Beaumont, Banning,
Beaumont - Cherry Valley Water District, Calimesa and Yucaipa, but
he is suggesting the Pass Water Agency become a formal member, and
the County of Riverside be represented by Supervisor Ceniceros'
office.
In addition, he has attached a sample form Specific Project
Agreement, which will allow the agencies, either as a group or two
or more of them, to embark upon matters of concern that are
limited to them specifically, but they would solve their problems
under the task force. As an example, if Beaumont and Banning
wanted to do a joint animal control shelter, and no one else would
be interested in this project, this would allow them, under a
specific project agreement, to get together and work as a
subcommittee.
The primary purpose of the task force is to provide a regionalized
form to enhance communication among elected officials, and,
secondarily, to address and resolve issues, including the water
and sewer issue.
lie requested comments from the Council concerning this proposed
agreement no later than Tuesday afternoon or Wednesday morning, so
that he could present this proposed agreement to the rest of the
task force members.
He also advised that he is preparing a Joint Powers Agreement,
which he will be forwarding to the Council for their review
tomorrow, and then gave a brief description of the purpose of the
Joint Powers Agreement.
Land Use Committee:
No report.
Senior Citizens Advisory Committee:
No report.
Page 4
Beaumont City Council
July 3, 1992
Planning Commission:
No report.
Parks Committee:
Mayor Leja reported the Parks Committee met in their first meeting
on July 7, with a wide range of topics discussed, including, but
not limited to, the following:
1. The development of a mission statement;
2. Short term and long term goals;
3. Fundraising;
4. Staffing;
5. Recreational activities to consider implementing.
The first priorities established were:
1. The development of basketball courts at the parks, with a
three on three basketball tournament to be scheduled for
Labor Day weekend.
2. Establishing short term projects.
3. Getting the community involved.
The committee members will prepare a list of their suggested short
term projects, from which four to six will be selected as projects
to be completed and in operation by January 1, 1993.
The date set for the next meeting was Monday, July 13, 1992, at
3:00 p.m., at which time the mission statement will be discussed
as the first priority, with the short term goals and projects to
be completed first as second and third priorities.
She then reported that the second meeting was held this afternoon,
at which time a number of topics were again discussed, with the
third meeting scheduled for Wednesday, at 2:00 p.m. for the
purpose of facilities inventory, so all committee members can see
what facilities are available, and what renovations need to be
made, so they can appropriately plan for what is available. The
next regular meeting has been scheduled for Monday, July 20, at
3 :00 p.m.
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 June 15,
1992, Adjourned Special Council Meeting of June 19, 1992 and
Regular Council Meeting of June 22, 1992.
b. Approval of Payment of Warrants and Payroll.
Motion by Council Member McLaughlin, second by Mayor Leja, to
adopt the consent calendar as presented.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
12. 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; and
b. Pursuant to Government Code Section 54957 to consider public
employee personnel matters.
Page 5
Beaumont City Council
July 3, 1992
The meeting was recessed to closed session at 6:45 p.m.,
reconvening to regular session at 8:04 p.m.
Date Set for Next Regular Council Meeting, Monday, July 27, 1992,
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 8 :05 p.m.
Respectfully submitted,
Page 6
BEAUMONT CITY COUNCIL
MINUTES OF
JULY 27, 1992
The Beaumont City Council met in a regular meeting on Monday, July
27, 1992, at 6:00 p.m., in the City Council Chambers, with Mayor Pro
Tem Parrott opening the meeting.
On roll call the following Council Members were present: Brey,
McLaughlin, Parrott and Council Member Russo.
Let the record show Mayor Leja arrived at 6:02 p.m., assuming the
chair at that time.
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 Committee Reports, a regular
agenda item which was inadvertently left off the agenda, be added,
and that approval of warrants and payroll, Consent Calendar Item
No. 13.b be deleted from the agenda, as the warrant list was not
prepared in time for the Council meeting.
There being no objections, these adjustments were made to the
agenda.
3. ORAL COMMUNICATION:
There was no one requesting to speak during oral communication.
Prior to proceeding with the agenda, Mayor Leja welcomed Boy Scout
Troop 2349, who were attending the meeting as one of the
requirements for their citizenship badge. She then presented a
City pin to each member of the troop.
PUBLIC HEARINGS - 6 :00 P.M.
4. APPLICATION TO OPERATE A TAXICAB SERVICE IN THE CITY OF
BEAUMONT. APPLICANT: Payless Taxicab Company.
The City Manager presented his report, a copy of which is a matter
of record in the Clerk's file.
The public hearing was opened at 6:10 P.M.
Mr. Henry Barnes, owner of Pass Taxi, 1260 E. 6th Street,
Beaumont, speaking in opposition to the application: My name is
Henry Barnes, 1260 E. 6th Street, Beaumont, California.
Greetings, Honorable Mayor, Members of the City Council. I am in
opposition to this cab company coming in for the very simple
reason - I will be brief - there is just not enough business at
this time to compensate both cab companies. While I am not
against free enterprise, but there is just not enough business
here. In the case when the City grows, they might want to
reconsider this. Does anyone have any questions.
Mayor Leja: Any questions? Thank you sir. Is there anyone else
wishing to speak on Item No. 4. Anyone wishing to speak in favor
Page 1
Beaumont City Council
July 27, 1992
of Item No. 4. Anyone wishing to speak in opposition to Item No.
4. Okay, we will close the public hearing.
The public hearing was closed at 6:11 P.M.
Council Member Russo questioned if there is some relationship to
population and the number of cab services in the City to
accommodate the need, since one of the grounds for denial in the
code states if the Council deems there was sufficient cars for
hire in the City, the application could be denied. He continued
that they have no information to really make a decision, so is
that just a subjective decision of the Council.
The City Manager indicated there is no information such as this
that he is aware of, and it apparently would be a subjective
decision of the Council. He went on that different communities
are different in their make -ups, such as some not having Dial -
A -Ride, which would make a difference. Some would have longer
terms of Dial -A -Ride or fixed bus service, so he knows of no real
formula to be used.
Mr. Russo then asked Mr. Barnes how busy his service is, with Mr.
Barnes submitting a list of the calls he had that day as of 2:30
p.m. This list showed a total of eight calls.
Council Member McLaughlin said he had spoken with Mr. Barnes
earlier in the day, at which time it was confirmed that Mr. Barnes
has a permit to operate in Banning, just as this company is
requesting a permit to operate in Beaumont. Since Banning is
willing to give Mr. Barnes a permit to operate in Banning, along
with the cab company that is already there, he would have a little
problem of not reciprocating in the same manner, and not issue a
permit for them to operate in Beaumont.
He then asked how Payless Taxicab's rates compare to Pass Taxi
rates, with Mr. Barnes advising that Payless charges $5.00 for a
flag, while his rates are $3.00 for the first mile, and $1.50
thereafter, 250 per minute waiting time, and two bags of groceries
free, with the rest 250 each. He did say that many times he
allows them to have extra bags of groceries without charge because
it is hard times - and in this same respect he picks up a lot of
people who don't have the money to pay for the taxi service, so he
doesn't charge them.
Mr. Barnes emphasized again that he is not attempting to stop free
enterprise, but if too many cab companies come in, no body will
make anything, and the City will wind up without a cab company at
all.
Mr. McLaughlin then wanted to know if Mr. Barnes realized much
business from Banning, with Mr. Barnes stating that when he first
started approximately two years ago, he was hauling nurses from
Banning to the hospital and back, and it was real good at that
time, but due to the economy, business has dropped considerably.
He also pointed out there is already another cab company in
Banning, who has been there for fifteen years, and this company
would be a third company offering service to both areas.
The City Attorney made two observations - 1) although the Council
has the ability to deny the application because there may be an
overabundance of service, he did not think they could do it
subjectively. They may have to ask the applicant and any
opposition to produce some information that suggests to them that,
in fact, Section 5.28.080(f) is a logical way to resolve the
issue, which may require a reference to a committee of the
Council. 2) in the matter of the insurance amount required, it
appears to him to be very inadequate in light of the litigious
society today. It would appear to him there should be at least
$100,000, and possibly $300,000/500,000 in liability. For a
commercial operation to carry only $50,000 is not realistic to
Page 2
5.
Beaumont City Council
July 27, 1992
potential injury.
Council Member Russo asked the City Attorney if the City could ask
for more insurance, with the City Attorney replying that the Code
would have to be updated to set a new requirement. The attorney
also suggested the taxicab permits should be renewed periodically
to give the Council an opportunity to review the situation on a
regular basis.
Council Member McLaughlin stated he felt the Council should not
take action on this request until the ordinance has been reviewed
and possible changes made in order to update it.
The City Manager pointed out that it should be clarified whether
or not the applicant is going to be operating both in Banning and
Beaumont, because if he is going to be operating in Beaumont only,
he will have to have an office in Beaumont. He also agreed the
ordinance should be reviewed.
Council Member Russo wanted to know who determines whether the
vehicles proposed to be used are safe or unsafe, with the City
Attorney indicating the Council would make this determination
based on some objective criteria. As an example, should they
propose to use rickshaws or horse -drawn vehicles, the Council
would make a determination whether or not that would be safe for
certain streets or highways.
Mayor Leja suggested that a study committee be appointed, and
recommended that Council Member Parrott sit on this committee
since he is presently serving on the Riverside Transit Agency
committee, with the second appointment being Council Member
McLaughlin.
The City Attorney suggested Mr. Barnes
invited to attend this meeting, in order to
information and input to assist them
appropriate criteria so there are no radic
the communities, and that they are able to
revisions which may be considered.
and the applicant be
provide them with some
in formulating the
:al differences between
comply with any of the
A report from this committee is to be returned to the Council at
the next regular meeting.
ABANDONMENT OF PORTION OF FIFTH STREET AND EDGAR AVENUE.
APPLICANT: Floyd E. Cannon.
A staff report was received from the City Manager, a copy of which
is a matter of record in the Clerk's file.
The public hearing was opened at 6:25 P.M.
There was no one requesting to speak to this issue.
The public hearing was closed at 6:26 P.M.
There were no questions or comments from the Council.
a. RESOLUTION NO. 1992 -19 - Abandonment and Vacation of a
Portion of Fifth Street and Edgar Avenue.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to adopt Resolution No. 1992 -19, with the requirement
that the sidewalk within the vacated area must be removed prior to
recordation of this resolution.
AYES: Council Member
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
END PUBLIC HEARINGS.
Brey, McLaughlin, Parrott, Russo and
Page 3
7.
Beaumont City Council
July 27, 1992
Request from Chamber of Commerce to Close Orange Avenue Between
6th and 7th Streets August 14 through August 16 for 1992 Street
Fair.
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
approval of this request, with additional closure through noon on
August 17 to allow for breakdown of the carnival and booths.
Council Member McLaughlin spoke in favor of allowing the closure
of this street as requested by the Chamber for the Street Fair.
There were no other comments from the Council.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to approve the request from the Chamber of Commerce to
close Orange Avenue between 6th and 7th Streets August 14 through
noon on August 17, for the 1992 Street Fair, and to not rent the
multi - purpose room on this date due to the potential traffic
congestion.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Authorization to Call for Bids for Cleaning of Wastewater
Treatment Plant Anaerobic Digester.
The City Manager presented his report concerning the need for
cleaning of the anaerobic digester, and requesting authorization
to call for bids for this cleaning operation. Additionally, he
advised the Council the request for bids would provide for opening
of the bids in the afternoon of August 10, with a report
concerning those bids brought to the Council at their regular
meeting that night for possible award.
There were no questions or comments from the Council.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to instruct the City Manager to call for bids for
cleaning of the wastewater treatment plant anaerobic digester.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Consider Claim for Damages Filed by Jeffery Blumquist and Patrick
Doherty.
A report concerning this claim was submitted 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 Parrott, second by Council Member
McLaughlin 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 Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Page 4
Beaumont City Council
July 27, 1992
9. Request Authorization to Issue Request for Proposals for
Engineering Services.
The City Manager reported that the engineering services needed
would be of a contract nature for maps being presented, various
legal descriptions, etc., that need to be checked on some of the
minor things, up to and including when maps start coming in for
tentative and final map reviews. He went on to advise that a
number of firms have submitted statements of qualifications to the
City, and he feels the City has enough firms interested that if
the RFP can be gotten out quickly, it can be considered for the
August 10 meeting.
There were no questions or comments from the Council.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to authorize the City Manager to request proposals for
engineering services, with a report to the Council on August 10.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
10. Request Authorization to Issue Request for Proposals for Planning
Services for Lockheed /Potrero Creek Specific Plan, Environmental
Impact Report and Related LAFCO Action.
The City Manager again reported the necessity of issuing requests
for proposals for the Lockheed project, adding that they may want
to consider including two items in the request, one being for the
Lockheed project and the second for contract services to the City
when needed.
Responding to a question from Council Member McLaughlin, the City
Manager clarified the difference between the engineering services
and the planning services required.
There were no other questions or comments from the Council.
Motion by Council Member McLaughlin, second by Council Member
Russo, to authorize the City Manager to request proposals for
planning services for the Lockheed /Potrero Creek Specific Plan,
Environmental Impact Report and related LAFCO action, as well as
any City needs.
AYES: Council Member Brey,
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
McLaughlin, Parrott, Russo and
11. Adoption of Final Budget for Fiscal Year 1992 -93.
The City Manager presented the final budget for Fiscal Year 1992-
93, indicating the general fund budget for fiscal year 1992 -93 is
$3,750,108, with the 1991 -92 general fund budget being $4,070,363,
meaning the 1992 -93 general fund budget is 7.87% lower than the
1991 -92 budget, with much of the lower amount having to do with
layoff of personnel.
He then advised the budget for all funds, including all designated
funds, is $5,184,053, which is 13.85% lower than the 1991 -93
budget of $6,017,492.
There were no comments or questions from the Council.
Motion by Council Member Russo, second by Council Member Parrott,
to adopt the final budget for Fiscal Year 1992 -93, as presented.
Page 5
Beaumont City Council
July 27, 1992
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
12. ORDINANCE NO. 706 - First Reading - Prohibiting Public Urination
and Defecation.
a. Motion to Read Ordinance No. 706 by title only.
Motion by Council Member Parrott, second by Council Member Russo
to read Ordinance No. 706 by title only,.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
The ordinance was read by title only by the Deputy City Clerk.
b. Motion to Approve Ordinance No. 706 at its first reading.
Motion by Council Member Brey, second by Council Member Russo, to
approve Ordinance No. 706 at its first reading.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
14. Committee Reports and Appointments.
Land Use:
No report.
r; - - - -e.
Council Member Russo reported the Finance Committee met on
Thursday, July 23, at which time they reviewed the final
submission of the budget, and discussed other financial issues of
the City. Those in attendance were himself, Mayor Leja and the
City Treasurer, Don Keasling.
Public Safety:
Council Member Russo reported the Public Safety Committee met and
discussed a variety of issues relative to police activities and
fire activity in the City. There was also preliminary discussion
on the possibility of the City reviewing fees associated with
special activities in the City, only for the purpose of recouping
actual costs to the City for street closures and other special
events, which do require police and city staff time.
Additionally, they discussed, generally, the need to review the
permit process for these kinds of events so everybody gets
involved at the appropriate time. Mr. Russo emphasized this is
just at the discussion level at this time, and as things are
formulated they will bring them to the City Manager's attention.
Public Works:
No report.
Planning Commission:
No report.
Page 6
Beaumont City Council
July 27, 1992
Senior Citizens Advisory Committee:
No report.
Parks Committee:
Michael Burch, Acting Chairman, reported the Parks Committee met
on July 27 at 3:00 p.m. and adopted a mission statement and a set
of guidelines, which have been provided to the Council tonight.
He continued that the primary goal of the committee is to put on a
spectacular event for the Labor Day weekend, which will center
around a three on three basketball tournament. One major
complication is the fact there are no basketball courts in the
park, and the major work of the committee at present is to have
those courts built and useable by Labor Day. One contractor has
volunteered labor, and the committee is currently negotiating with
others to provide material and necessities to make it complete.
He could not report t(
working on it at this
way or the other, on
some major suppliers,
and they will supply
cost.
)night that it is a done deal, but they are
time, and there will be a tournament, one
Labor Day. Plans for concessions through
including Coca Cola, have been contacted,
a kiosk as well as the product at jobber
The service organizations are being contacted for seed money to
provide the concession products, hamburgers, hot dogs and that
type of thing, which will be cooked, served and distributed by
volunteers who are being gathered from all sectors of the
residents of Beaumont, from the High School service clubs, to
seniors, to service clubs themselves, and anyone else they can
lasso and rope over to the park. The response has been
outstanding.
Along with the basketball court will be four international
regulation horseshoe pits, that it is hoped will attract
international competition, as it is their understanding there are
no competition pits in the general area, and appears to be quite a
need for them.
They are trying to accomplish everything at absolutely no cost to
the City of Beaumont, and in fact hope to show a little profit.
The committee membership is still in a state of flux due to
vacations, illness and time pressures, but they anticipate that by
the August 10 City Council meeting they will have a roster and a
chairman and vice - chairman will have been selected.
He indicated the City Manager has been very helpful, and they will
be going through the City Manager's office in order to come to the
City Council for some legal issues, and a couple of these items
will be presented to them on August 10.
Mayor Leja asked about entertainment for the Labor Day event, with
Mr. Burch reporting this has been covered, with the tournament
starting at 9:00 a.m., and entertainment starting roughly at 11:00
a.m. and continuing to 6 :00 p.m., concurrent with the concession
stands.
In order for the Council to be aware of what he was talking about,
he explained there would be two basketball courts, end to end,
on Orange starting at 10th Street. It will require the removal of
four of the scrub oak trees and two of the bushes, since they will
be 170 feet in length and about 54 feet in width. They will not
interfere in any way with the flood control holding basins in that
area. He then went on to describe the locations of the horseshoe
pits, entertainment areas and concession area, as well as
answering other general questions concerning the Labor Day event.
Page 7
BEAUMONT CITY COUNCIL
ADJOURNED MEETING OF
JULY 29, 1992
(Adjourned from July 27, 1992)
r
The Beaumont City Council met in an adjourned meeting at 6:23 p.m.
on Wednesday, July 29, 1992, 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. Recess to Closed Session Pursuant to Government Code Section
54957 to Consider Public Employee Personnel Matters.
The meeting was recessed to closed session at 6:25 p.m.
The meeting was reconvened to regular session at 8:25 p.m.
There being no further business to come before the Council, the
meeting was adjourned at 8:26 p.m.
Respectfully submitted,
City Clerk
BEAUMONT CITY COUNCIL
SPECIAL MEETING OF
AUGUST 5, 1992
The Beaumont City Council met in a special meeting at 5:01 p.m.
on Wednesday, August 5, 1992, 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 City Clerk.
2. Recess to Closed Session Pursuant to Government Code Section
54957 to Consider Public Employee Personnel Matters.
The meeting was recessed to closed session at 5:03 p.m.
The meeting was reconvened to regular session at 5:47 p.m.
There being no further business to come before the Council, the
meeting was adjourned at 5:48 p.m.
Respectfully submitted,
City lerk
BEAUMONT CITY COUNCIL
MINUTES OF
AUGUST 10, 1992
The Beaumont City Council met in a regular meeting on Monday, August
10, 1992, at 6:03 p.m., in the City Council Chambers, with Mayor Leja
presiding.
On roll call the following Council Members were present: Brey,
McLaughlin, Russo and Mayor Leja.
Let the record show Council Member Parrott was excused.
The invocation was given by Council Member McLaughlin, who then led
the pledge of allegiance to the flag.
1. Clerk's Affidavit of Posting.
The Clerk's affidavit of posting the agenda was read into the
record by the Deputy City Clerk.
2. Adjustments to Agenda.
Council Member Russo requested that Item No. 14 be taken out of
sequence and heard after the closed session.
There being no objections, this adjustment was made to the
agenda.
3. ORAL COMMUNICATION:
There was no one requesting to speak during oral communication.
4. Presentation by Mine Reclamation Corporation Relative to the Eagle
Mountain Landfill and Recycling Center.
Let the record show there being no one present from Mine
Reclamation Corporation to make this presentation., the Council
proceeded to the next item on the agenda.
Let the record further show that Mr. Richard Daniels,
representing Mine Reclamation Corporation, arrived late, and
requested to give his presentation at the end of the agenda.
This presentation will be shown in the minutes at that point in
time.
5. PUBLIC HEARING - Report and Account of Cost for Weed Abatement,
and Hearing of Objections or Protests.
The City Manager presented his report, a copy of which is a matter
of record in the Clerk's file, with a recommendation for adoption
of Resolution No. 1992 -26.
The public hearing was opened at 6:09 P.M.
There was no one present requesting to speak.
The public hearing was closed at 6:10 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
Russo, to approve the report and account of cost of weed abatement
as presented.
AYES: Council Member Brey, McLaughlin, Russo and Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Parrott.
Page 1
Beaumont City Council
A. ust 10, 1992
b. RESOLUTION NO. 1992 -26 - Assessing the Amounts Shown on the
Report and Account of Cost of Weed Abatement as Liens Upon
the Respective Parcels of Land as they are Shown Upon the
Last Available Assessment Roll.
Motion by Council Member Russo, second by Council Member
McLaughlin, to adopt Resolution No. 1992 -26.
AYES: Council Member Brey, McLaughlin, Russo and Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Parrott.
6. Consider Issuing Permit to Payless Taxicab Company to Operate
Taxicab Service in the City of Beaumont. (Continued from July
27, 1992.)
The City Manager presented the committee report relative to their
review of the taxicab ordinance. A copy of this report is a
matter of record in the Clerk's file. Recommendations to the City
Council from the committee are as follows:
1. Section 5.28.030 BMC should be amended to provide
for a $50.00 application fee. Presently it is
$25.00.
2. Section 5.28.100 BMC should be amended to provide
for insurance in the amount of $250,000 for bodily
injury liability and $250,000 for property damage
liability. The present code only requires $50,000
for injury of one person, $100,000 for injury to
more than one person and $10,000 for property
damage.
3. No recommendation was made on approval or denial of
application for Payless Taxi.
Council Member Brey questioned the insurance amount recommended,
asking if the figure was the high or the low compared to the other
cities contacted.
Council Member McLaughlin said it is in about the middle range,
and was certainly not the highest, with Hemet and San Jacinto
requiring $750,000 across the board, with Banning comparable to
Beaumont's present requirement, as their ordinance dates back
several years just as Beaumont's does.
Council Member Brey then stated his concern that $250,000 still
seems too low to him, and said he would be more co ifortable with
something higher.
Council Member Russo agreed with Mr. Brey, saying he was also not
comfortable with the lower amount.
At Mayor Leja's suggestion, and there being no objections from the
Council, staff was directed to bring back an updated ordinance
reflecting an insurance requirement of $750,000 across the board,
and also increasing the application fee to $50.00.
Mayor Leja then directed the discussion to the request from
Payless Taxicab Co. for a permit to operate a taxicab service in
the City of Beaumont.
Mr. Henry Barnes, owner of Pass Taxi, 1260 E. 6th Street,
Beaumont, addressed the Council in opposition to issuing a permit
to Payless, pointing out that, in his opinion, there was not
enough business in Beaumont to support two cab companies,
resulting in neither being able to stay in business.
Council Member Russo asked if the applicant is presently
operating in Banning, with the City Manager responding the
Page 2
7.
Beaumont City Council
P ust 10, 1992
applicant has applied for a permit from Banning, but has not been
approved as of this date.
Council Member McLaughlin suggested that, since the ordinance is
to be updated, a decision on issuing the permit to Payless be
held until after the amendments to the ordinance are adopted.
Council Member Brey said that it would be nice if no other
electricians that come to town are issued permits, however, this
is what America is built on, competition and free enterprise.
Let the record show, the following motion was rescinded by later
action.
Motion by Council Member Brey, second by Council Member Russo, to
issue a permit to Payless Taxicab Co.
AYES: Council Member Brey, McLaughlin, Russo and Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Parrott.
Following the motion, and prior to casting her vote, Mayor Leja
questioned whether, if the permit is issued, if the applicant
would be required to provide insurance of $750,000, with the City
Manager indicating he would be required to meet the existing
requirements as stated in the current ordinance, which is the
lesser amount the Council is proposing to increase.
She then asked if they could legally hold the application up, with
the City Manager replying that if they felt the health and safety
of the residents of the City are at stake, they can hold the
application up until the new insurance requirements are in place.
The City Manager then pointed out that Payless does not have a
permit in Banning, as was first believed, therefore, under the
City's ordinance, in order to have a permit in Beaumont, he must
either be operating in Banning, with an approved office in
Banning, or he must have an office in Beaumont. As a result, the
permit can be held until it is determined whether or not he has an
office approved in Banning, or will open an office in Beaumont
until he is approved in Banning.
Motion by Council Member McLaughlin, second by Council Member
Russo, to rescind the motion to issue a permit to Payless Taxicab.
AYES: Council Member Brey, McLaughlin, Russo and Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Parrott.
Council Member Russo asked that it be clarified that it will take
two readings of the Ordinance, which would then not take effect
for thirty days, so it will take a minimum of eight weeks before
the Council will be in a position to consider the request for a
permit.
Mayor Leja stated the applicant must also have an approved office
in Banning, or have made arrangements to locate an office in
Beaumont, with the applicant to be advised of these requirements
and the time frame involved.
Consideration of Award of Bid for Cleaning of Wastewater Treatment
Plant Anaerobic Digester.
a. Receive staff report on bids submitted.
The City Manager presented his report to the effect that only one
acceptable bid was received, with seven contractors having been
notified of the call for bids.
Page 3
Beaumont City Council
A .ist 10, 1992
One contractor sent a fax to the City saying they did not receive
the bid package in time to prepare a bid, and offering to do the
job for a specified amount of money.
The bid packages were mailed at exactly the same time to both the
contractor who submitted a bid meeting all requirements, and to
the contractor who sent the fax, with contractor submitting the
bid having no problem preparing and submitting a bid in a timely
manner.
Also, the contractor who sent the fax said if their bid was low
enough, and the City eliminated its bid conditions - such as
bonding - to contact them.
Mr. Bounds emphasized he is calling this to the Council's
attention because, since they received only one bid, he would not
want to announce the amount of that bid if, in fact, they did not
agree to award the bid to the people, because if they were to go
back out for bids, it would have placed this particular firm - who
did everything right - in a position for everyone else to underbid
them. He then said it was his personal feeling that if they did
go back out to bid, they might get a lower bid,, but he seriously
doubted it since there were six who did not return a bid at all.
Council Member Russo asked if this bid met all requirements,
including being totally bondable, with the City Manager replying
in the affirmative.
Mr. Bounds reported that Dorado Enterprises, Inc. submitted their
bid in the amount of $18,836.00, with the funding to come from the
sewer enterprise account, with a sufficient amount included in
this year's budget for this specific project.
b. Consider awarding bid for cleaning of Wastewater Treatment
Plant Anaerobic Digester.
Motion by Council Member Brey, second by Council Member
McLaughlin, to accept the bid from Dorado Enterprises, Inc., in
the amount of $18,836.00, for cleaning of the wastewater
treatment plant anaerobic digester.
AYES: Council Member Brey, McLaughlin, Russo and Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Parrott.
8. Proposals for Engineering Services.
a. Receive staff report.
The City Manager reported that he and Mayor Leja have been
reviewing the proposals received, with Council Member Parrott also
to have been involved, however, was out of town and unable to
participate.
At this time the task of reviewing the proposals has not been
completed, and it was recommended the item be continued to the
regular meeting of August 24.
b. Consider Proposals Received for Engineering Services.
There being no objections, this agenda item was continued to
August 24, 1992.
9. Proposals for Planning Services for Lockheed /Potrero Creek
Specific Plan, Environmental Impact Report and Related LAFCO
Action.
a. Receive staff report.
The City Manager again reported the review of the proposals had
Page 4
Beaumont City Council
t lust 10, 1992
not been completed, and recommended this item be continued to
August 24, 1992.
b. Consider Proposals Received for 1) Planning Services for
Lockheed /Potrero Creek Specific Plan, Environmental Impact
Report and Related LAFCO Action, and 2) Consultant Planning
Services for Review and Processing Projects as Required by the
City at the Direction of the City Manager.
There being no objections, this agenda item was continued to
August 24, 1992.
10. Request Authorization for Contract Amendment with Culbertson,
Adams and Associates to Add Lockheed Parcels to the General
Plan.
The staff report was received from the City Manager, explaining
the need for this contract amendment in order to add the 9,000
acre Lockheed property to the General Plan, and the fact it would
only delay the General Plan project thirty to sixty days.
Discussion followed, with questions being asked by Council Member
Russo and Council Member Brey concerning the delay in completion
of the General Plan and the specific environmental issues involved
with the Lockheed project.
Mayor Leja explained it would either have to be done in this
manner, or the General Plan would have to be reopened later, which
would be more costly. The City Manager added that all major
environmental issues are addressed in the environmental impact
report which has been prepared specifically for the Lockheed
project, and which is ready to be screen checked right now.
Motion by Council Member McLaughlin, second by Mayor Leja, to
approve a contract amendment with Culbertson, Adams and Associates
to add the Lockheed parcels to the General Plan which is being
processed at this time.
Following the motion, but prior to the vote, a number of
additional questions were asked by Council Member Russo relative
to the necessity of adding Lockheed to the General Plan at this
time, with both Mayor Leja and the City Manager answering those
questions.
AYES: Council Member Bray, McLaughlin, Russo and Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Parrott.
11. ORDINANCE NO. 706 - Second Reading - Adding Chapter 8.44 to the
Beaumont Municipal Code Prohibiting Public Urination and
Defecation.
Motion to Read Ordinance No. 706 by title only.
Motion by Council Member McLaughlin, second by Council Member
Brey, to read Ordinance No. 706 by title only.
AYES: Council Member Bray, McLaughlin, Russo and Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Parrott.
The ordinance was read by title only by the deputy city clerk.
Motion to Adopt Ordinance No. 706 at its second reading.
Motion by Council Member McLaughlin, second by Council Member
Brey, to adopt Ordinance No. 706 at its second reading.
AYES: Council Member Brey, McLaughlin, Russo and Mayor Leja.
NOES: None.
Page 5
Beaumont City Council
gust 10, 1992
ABSTAIN: None.
ABSENT: Council Member Parrott.
12. Consider Credits Toward Future Fees for Labor and /or Materials
Furnished for City Projects.
The City Manager's report was received, a copy of which is a
matter of record in the Clerk's file.
Council Member Brey asked how the City would keep track of the
value of the credits, for example if a contractor were given a
$5,000 credit now, and in ten years would have a project to apply
this credit to, would the value of the credit still be worth
$5,000, or would interest be paid on it.
The City Manager indicated this would be up to the Council to
decide, as it can be done either way.
Council Member Russo wanted to know if there would be an
expiration date established, whether the credit would be
transferable, etc., with the City Manager stating that could
certainly be included, as, again, the rules would be set by the
Council. He did, however, point out it would not be advisable to
make the credits transferable, otherwise they could be sold.
The other option available is the City could issue an evaluation
as a donation for IRS purposes.
By a consensus of the Council, the City Manager and City Attorney
were directed to prepare a program for credits toward future fees
for labor and /or materials furnished for City programs, with this
program to include some type of expiration date, that the credit
is non - transferable and provision for some type of interest.
This suggested program is to be brought back to the Council at a
later date.
13. Committee Reports and Appointments.
Land Use Committees
No report.
Public Works Committee:
No report.
Public Safety Committee:
No report.
Finance Committee:
No report.
Planning Commissions
No report.
Parks Committee:
No report.
Senior Citizens Committee:
No report.
Graffiti Task Force:
Mayor Leja reported she met with a group of business people in the
community about the rising problem of graffiti in the City of
Beaumont. At one time the Council agreed to put together a
graffiti task force, and what she would like to do is, since
Page 6
Beaumont City Council
August 10, 1992
these gentlemen wished to remain anonymous because of their
businesses, that City staff, i.e., (police department, City
Manager) be directed to work with Lyle Millage, through the
Chamber of Commerce, to come up with a graffiti program to not
only clean it up, but find ways to deter it.
She then asked the Council to have anyone who is
interested in participating in this program contact Lyle Millage
through the Chamber of Commerce, or get in touch with appropriate
staff members at City Hall.
Council Member Russo recommended that a volunteer Saturday be
established, and get a group of people together to meet and clean
it up.
Mayor Leja said she would forward his name on to Lyle Millage as
that was one of the suggestions he had, and he already has a
number of business people who are going to donate money and time.
Council Member Brey said he thought a lot of business people would
be in favor of some type of reward system, and would donate money
to get a pool for rewards for anyone turning in a person, when it
has been determined by the courts it was actually that person who
committed the act, therefore making it worth their while to turn
in those who are doing this. And if it is a large enough amount
of money, they will start turning them in.
Mayor Leja stated that one of this group has already been talking
with Chief Smith about that particular program, and would like to
bring back a whole program which they would like to implement,
and they want to take it and run with it.
14. Consideration of Contract for Interim City Manager Services with
Robert J. Bounds.
This agenda item is to be considered following the closed session.
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 separately.
a.
Approval of Minutes of Regular Council Meeting of July
27,
1992, Special Meeting of July 29, 1992 and Special Meeting
of
August 5, 1992.
b.
Acceptance of Minutes of Regular Planning Commission Meeting
of June 16, 1992.
C.
Approval of Payment of Warrants and Payroll.
d.
RESOLUTION NO. 1992 -23 - Determining Fees to be Charged
to
Reimburse City for Cost of Registering Bonds and for Cost
of
Annual Administration. (Assessment District 1983 -1).
e.
RESOLUTION NO. 1992 -24 - Ordering Territory Designated
as
LAFCO 91 -72 -3, City of Beaumont 89- ANX -3 -47, Annexed to
the
City of Beaumont. Applicant: Kirk Evans /KSE Development.
Location: Bounded by 14th Street to the North, Elm Street
to
the East, Marshall Creek and Florence Avenue to the South,
and
Noble Creek and Interstate 10 to the West.
f.
RESOLUTION NO. 1992 -25 - Ordering Territory Designated
as
LAFCO 91 -73 -3, City of Beaumont 91- ANX -2 -50, Annexed to
the
City of Beaumont. Applicant: L. Olinger and KSE Development.
Location: Southeast Corner of 14th Street and Interstate
10.
Page 7
4.
16.
14.
3aumont City Council
August 10, 1992
g. Approval of First Amendment to the Santa Ana National
Pollutant Discharge Elimination System Stormwater Discharge
Permit Implementation Agreement (NPDES) and Authorization for
Mayor to Execute Same.
h. Report of Action at Regular Planning Commission Meeting of
August 4, 1992.
Motion by Council Member McLaughlin, second by Council Member
Brey, to adopt the consent calendar as presented.
AYES: Council Member Brey, McLaughlin, Russo and Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Parrott.
OUT OF SEQUENCE.
Presentation by Mine Reclamation Corporation Relative to the Eagle
Mountain Landfill and Recycling Center.
Mr. Richard Daniels, representing Mine Reclamation Corporation,
requested to give his presentation at this time, since he had not
arrived at the beginning of the meeting in time to give it as
scheduled.
The Council agreed to allow Mr. Daniels ten minutes, since there
were people in the audience who were at the meeting to hear this
presentation, with Council Member Russo speaking in opposition due
to the fact Mr. Daniels was not here at the appointed time.
Prior to hearing the presentation, the meeting was recessed at
7:01 p.m., reconvening at 7:14 p.m.
Mr. Daniels gave a brief overview of the Eagle Mountain Landfill
and Recycling Center.
Ms. Alma Vrzal, 720 California Avenue, spoke in opposition to the
Eagle Mountain Landfill, and disputing a number of statements made
by Mr. Daniels.
Mr. George Barak, 903 East 14th Street, also spoke in opposition
to the Eagle Mountain Landfill.
Council Member Russo then asked a number of pointed questions
concerning statements made by Mr. Daniels, and addressing certain
areas of concern relative to the proposed landfill.
Mayor Leja also made a number of statements neither in opposition
nor in favor of the landfill, but rather addressing the fact there
is a problem with disposal of rubbish which must be addressed one
way or another.
Recess to Closed Session Pursuant to Government Code Section 54937
to Consider Public Employee Personnel Matters.
The meeting was recessed to closed session at 7:43 p.m.,
reconvening to regular session at 8:03 p.m.
OUT OF SEQUENCE.
Consideration of Contract for Interim City Manager Services with
Robert J. Bounds.
Motion by Council Member Brey, second by Council Member
McLaughlin, to accept the contract between the City and Robert J.
Bounds, as presented.
AYES: Council Member Brey, McLaughlin, Russo and Mayor Leja.
NOES: None.
Page 8
1eaumont City Council
,,ugust 10, 1992
ABSTAIN: None.
ABSENT: Council Member Parrott.
Date set for next regular Council Meeting, Monday, August 24,
1992, 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 8:05 p.m.
Respectfully submitted,
76;0;;e .
Ci y Clerk
Page 9
BEAUMONT CITY COUNCIL
MINUTES OF
AUGUST 24, 1992
The Beaumont City Council met in a regular meeting on Monday, August
24, 1992, at 6:01 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.
Mayor Leja requested that Agenda Item No. 19 be removed from
the agenda.
The City Manager called attention to the fact that on Item No. 13,
the Ordinance adopting new building codes, it was indicated all
the codes being adopted are the 1991 edition, which is true with
the exception of the electrical code, which is the 1990 edition.
The title of the ordinance will be changed accordingly.
Mayor Leja then requested that the parks committee report be moved
to the head of the agenda, due to health reasons of the committee
member making the report.
Council Member Russo also requested that Item No. 18 be included
in committee reports, with the report also brought forward to the
head of the agenda since the same committee member will be making
the report.
There being no objections, these adjustments were made to the
agenda.
PARKS COMMITTEE AND GENERAL PLAN AD HOC COMMITTEE TAKEN OUT OF
SEQUENCE.
23. Committee Reports and Appoints.
Parks Committees
Michael Burch, Chairman of the Parks Committee, presented the
following report:
Madam Mayor, Members of the Council, I thank you for your
kindness, and I am supposed to be home night -night by 9:00
because of recurring health problems. I apologize to the Council
as a whole. I do have some documents, one is the minutes of our
last meeting, and the other set is of drawings that will be of
importance to you. If I may pass them to the City Clerk for
distribution.
You will now find out why am not an engineer or a mathematician.
Those are the world's worst drawings. I hope you can read my
chicken scratching. They concern the basketball courts - their
placement. One is of the courts themselves, the other is of the
general area known as Stewart Park covering a three city square
block area.
Page 1
Beaumont City Council
August 24, 1992
I met with contractors, who are donating their labor and services,
about an hour and a half ago. We reviewed the site. There were
some stipulations I will ask the City Council for right now.
Excavation can begin Wednesday morning. The concrete will be
poured Saturday, and the basketball backstops hung next Tuesday.
In other words, we have a done deal, but we do have some snags, as
usual.
The two contractors, Bogh Construction and Baldi Construction,
state a concern, and would like some reassurance from the City
Council that -- I am going to backtrack here a little - if you
will look at number one, the top page, the circles represent trees
that are the park. Three of those trees will need to be removed,
as well as three smaller shrubs, on the corner of 10th and Orange,
to accommodate the court. With research, I find no City law, and
for that type of vegetation, it is not protected, and may be
removed at the discretion of the City as far as I know. They are
not kangaroo rats, or endangered species. Service clubs are
willing to replace and landscape as needed, which would be a
future project.
Number two - there is a relatively new sprinkler system in Stewart
Park that has recently been activated. Some of those water lines
will need to be - not the charged mains - but the feeder lines and
the laterals will have to be capped and /or moved. In that - if
that becomes a little bit complicated, Bogh Construction and Baldi
Construction do not want to be sued for moving the trees and
cutting off a water supply inadvertently.
I have done research on it, and a committee member - tomorrow
morning - will call cable dig, which is the number that is
supposed to have all of the underground services, and will verify
that there are no underground services in that area, as pointed
out on your maps. I apologize to the audience for not having
enough copies for all of you.
With reasonable comfort that those contractors, including Beaumont
Concrete, would not be sued for taking out a tree, or something
that is inadvertent, they are more than willing to go ahead with
the work, which would commence at 6:30 Wednesday morning, the
concrete poured on Saturday, the basketball backstops on Tuesday,
and we play ball September 7.
That is a pressing issue that comes before the City Council. I
realize there are legal issues. We do have legal counsel
available. However, that could be a major - or the only major
stumbling block that we have right now.
I will now get into financing, which is important. We are talking
about, roughly, $5,000.00 to finance the whole project. That is
concrete, that is the backstops, that is the nets, that is the
basketballs, that is everything that we need. Now we initiated
"buy a yard of concrete" by the City of Beaumont, and to date we
have $500.00 in our hand, and another $1,000 pledged, without us
going banging on doors. We have procured the Beaumont Chamber of
Commerce business list, as well as some others that we can
contact, and the response, on an informal basis, has been far
greater than I expected.
In keeping with that activity, and others, there has become
available a sound system through Mr. Bill Henley, who is a senior
center volunteer and also a member of the committee, who can give
you specifics on it. The committee would like to ask the City
Council for discretionary funds to expend $600.00 for the system
that Mr. Henley can descgibe. I am not an expert on that. It is
an excellent system, I have been told, and is multi -use, and that
can be recovered easily by rental use, because it is the portable
type - not only outdoor in Stewart Park, but indoor in the
community center, and recover that cost.
The Park Committee also asks, after locating an unknown mobile
Page 2
- Beaumont City Council
August 24, 1992
stage, that the Park Committee be allowed the use of that, and
permit the committee to refurbish it at no cost to the city,
through volunteer labor and material. It is in quite good shape,
but needs to be modified a little - just a little - so that it is
a little bit larger, and a little bit more convenient to enter and
exit.
Just in case, the City Code requires a 25 foot offset from
curb line for any particular project. With the contractors - at
this afternoon's meeting, actually measuring and walking the
property, considering the water lines and that - we don't think
the 25 foot offset is going to be a problem. If it does - for
safety's sake, I would like to ask for an open variance on that
until excavation actually begins, and we know whether it is going
to be 24.6 feet, or 23 or 27 feet from the curb line. That is
just a safety valve - we think it is going to work, but you never
know until you actually get to measuring and get the transit out.
For future projects in the short term future, the committee would
also like to ask the City to make available to the committee
fifteen acres of the property that lies south to southwest of the
current wastewater treatment plant for recreational purposes. Now
we have one, in particular, in mind right at the moment, and that
again can be established at no cost to the City, which is called a
turkey shoot, and possibly a trap or a skeet range. They are very
simple, they are very cost effective, and all we need is the real
estate, in effect, to do it. With the fifteen acres, we have also
had a presentation by young - not motorcycles - but bicycle riders
for a BMX park. That might be an ideal location. But to give a
buffer zone as needed, in that area, that is southwest of the City
at the current time, or in that approximate area.
To do that, of course, the City Council would need to amend the
ordinance that prohibits the discharging of firearms within the
City limits. There would have to be an amendment to that
ordinance, such as an exception for recreational purposes. Again,
Mr. Bill Henley has been extensively involved in that, and it is
quite a money maker, even in the short term. We are talking
several thousand dollars per year. I happen to be a shotgunner
myself, so I would be out there, probably every Saturday I could
be blowing up some shells.
With that and the BMX park, and the basketball facility, which is
also, by the way, going to be equipped with the countersunk posts
for tennis and volley ball, as well as basketball, then we would
have three areas of recreation in the City that we do not have,
and when all is said and done, it won't cost the City of Beaumont
anything. That is a grand promise, but if we give the people of
Beaumont the chance, and give them recreational facilities that
they want and they need, they will pay for themselves. Without
another tax bite, and if we are careful, without another layer of
bureauracy, which I would hope to avoid too. It can be done -
it is being done on a volunteer basis right now.
I would like to commend the committee that I work with for their
hard work, their initiative, their drive. They have done an
amazing amount of work in a very short period of time. questions?
Council Member Russo asked for clarification of the amount of
money they are requesting from the City at this time, with Mr.
Burch indicating they are asking for $600.00 to purchase the
portable sound system.
Mr. Burch went on to emphasize the goal of the Parks Committee is
not to indebt the City. ' In view of the response they have had,
and the use fees and the donations they are getting, they are
already one -third of the way to funding what they are trying to do
for labor day. The concessions are taken care of, and they do
Page 3
Beaumont City Council
August 24, 1992
show you in a little bit, but the way it stands now, there is just
no way in the world to see that sign if you are getting off the
freeway, or even if you are at 6th Street or Ramsey, you may be
able to see the car wash portion of the sign, but you wouldn't see
the express lube. And we do have two businesses there, and,
incidentally, the express lube is the one that generates the most
sales tax for Beaumont.
There are even some people at Sun Lakes and those communities over
there that don't even know we are there because of the fact that,
when they leave Sun Lakes, they just maybe get on the freeway, or
they get on the 6th or Ramsey, and they go where they are going to
go.
So a monument sign, is, I believe, is something that is good for a
medical center, or a hospital, a dentist, utilities, something
like that, but we depend on a lot of people, and we do also depend
on those people that are transient.
Now, you are probably going to say why didn't you build this thing
- you know - go and build it up sixteen foot high when you built
the place. Well, it took us quite a bit of time to build the
place, and while we were building it, there was an engineer
working for the City named Jim Dotson, and he had a little
henchman named Gregg something or another - I don't know - but
they made our life a living hell while we were building it. And I
am dead serious - I mean, this guy, has us back at the plan check
I don't know how many times, and he also just held it up because
he had to do different things, instead of . . .
Mayor Leja: Sir, we are hiring a new engineering service tonight.
You don't have to go into that. . .
Mr. Druhot: Don't have to go into that anymore. Okay. I'll get
off his case. Thereagain, we have tried to build a neat facility,
and a much needed facility, in the Beaumont area. And, you know,
I would just like you to help me make it work.
Also, I would like to say this at this time. 1 don't think we got
a very fair hearing with the Planning Commission. First off, when
we went in there there were only three guys on the board.
Secondly, we kind of went in there with staff approval, and then
third, when we asked if we could come back to the Planning
Commission, they said it would probably be quicker to go to the
City Council rather than come back here, because we wanted to go
back when they had the five guys. But they said there are only
three guys that show up to work normally, one guy quit and the
other guy just never shows up to the meetings.
You know, I don't know, but that one cost us five hundred bucks to
put it before the Planning Commission, and this one is $175.00,
and, you know, to just have three guys take a look at it, I don't
think it was fair. And, as for precedent, we also told the
Planning Commission that if they would allow us to raise the sign,
we would be happy to come back in three years and have it
reapproved, or whatever, when and if they decide to build
something next to us.
Now, also, our sign, by being six foot high, the car wash portion
is on top and the lube portion is on the bottom. Now when we
built the place, we built an eight foot wall along the side as
kind of a buffer from commercial over to the medical, or what they
expect to be built over there. So, now, we have got a sign down
on the ground that is blocked by our own fence from the north.
And, folks, that is about where I am at.
Mayor Leja: Okay, thank you very much. Does anyone have any
questions of Mr. Druhot. Thank you.
Mr. Druhot: I would like to introduce Mr. Skip Berg.
Mayor Leja: He is next on my request to speak. Thank you. Skip
Page 5
Beaumont City Council
August 24, 1992
Berg. Would you please come forward and state your name and
address for the record.
Skip Berg, 54673 Inverness, LaQuinta: I am the contractor and I
represent Texaco as far as their sign contracting group. I won't
make mine very long. I think Chuck has detailed his problems with
his situation. I would remind you that staff did definitely
recommend approval at the planning session. And I did bring some
photos along that you might be interested in seeing where right up
on the corner, with one vehicle crossing the street, you cannot
see Mr. Druhot's sign. The lube portion, by the way, is eighteen
inches above the ground, so you have got to be pretty good to see
that if you are walking. So I thought maybe, if you would like, I
would hand these out.
I think you will see in the photos, I will make this statement -
it is obvious all of the businesses around Mr. Druhot have signs
that are up there around sixteen to twenty feet. The sixteen foot
idea was to get his sign just below the bottom of the Kragen sign
so that they didn't conflict, and that you could see it as you
came off the freeway.
If you have any questions technically, I would be happy to answer
them. I can tell you they will have a fairly good expenditure in
the re- engineering, the footings, the new pipe and what not to
raise this sign, so if you have any other questions I am here to
answer.
Mayor Leja: Thank you. Are there any questions. Thank you very
much. Mr. Minesinger. Please give your name and address for the
record.
Cal Minesinger, 1285 California, Beaumont: Mayor Leja and members
of the City Council, I come to speak in opposition to this sign.
First off, a business located - its location, location, location.
If you don't locate it in the - if you locate it in the wrong
place, you are not going to get the business.
Also, the car wash has had a sign on the freeway, and if they
didn't experience any business from that, how do they expect to
get business from a sign that is just elevated. The sign elevated
by sixteen feet will take the motorist's eyes up in the air off of
the road, so it would be more dangerous, I feel, in that busy
intersection. That is a very busy intersection.
When they get off the freeway they are just getting off to get
food or gas or whatever. I have never driven on a long trip and
expected to get off the freeway looking for a car wash. I don't
know of anybody that does. They want to get there in a hurry, or
whatever, but they are not going to get off to get a car wash. It
is mostly local business, local trades.
Also, I am opposed to Las Vegas style signs as they have over in
Banning. The signs are just ridiculous, all the flashing lights
and everything, and I just don't like to see a Las Vegas strip
style here in our City of Beaumont. That is about it. Thank you
very much.
Mayor Leja: Are there any questions of Mr. Minesinger. Thank you
very much. Is there anyone else wishing to speak in favor or in
opposition of Item No. 4. Sir.
Mr. Druhot: I just want to make one comment on the sign I did
have up on the freeway. I did have it up there. I had it up
there for a solid year, and I did get business out of it. But it
cost me a $1,000 a month - $12,000, you know, I mean, we are going
to raise this sign up, and it is probably going to cost me about
$59000 - a one time shot. Now, we are not looking like a Las
Vegas type of sign here. This is basically what we are trying to
do (displaying a picture of the proposed sign). Take the existing
sign - maybe change the coloring a little bit, and raise it up.
Page 6
Beaumont City Council
August 24, 1992
Mayor Leja: Okay. Thank you very much. Is there anyone else
wishing to speak on Item No. 4. If not, we will close the public
hearing.
The public hearing was closed at 6:33 P.M.
The City Attorney called attention to the fact that a variance is
defined in the government code quite specifically, and there are
certain findings that need to be made. He then explained that,
typically, variances are granted because properties are unequal,
in other words, a property is very unique and is, therefore, not
treated equally with other properties.
Discussion followed concerning the City Attorney's comments, with
questions being asked by members of the City Council.
Council Member McLaughlin stated
property, and if you are going sout
cannot see the sign because of the
the applicant to build the fence.
roadblock placed on the man by the
for a variance.
that he has looked at the
h on Highland Springs Road you
fence, and the City required
This seems to him to be a
City, and would be a finding
The City Attorney agreed that if the sign can't be seen, then
obviously it is useless, and would be sufficient basis for
allowing a variance because his wall blocks a view of the sign,
with the fence being a requirement imposed on him by the City,
which would be the unique status needed.
There was no further discussion.
a. Consideration of Approval or Denial of Variance 92 -V -2.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to approve Variance 92 -V -2 allowing the existing six
foot sign to be raised to sixteen feet, on the grounds that the
existing sign cannot be seen, and is a fact not shared by
neighboring parcels.
Following the motion, but prior to the vote, the following was
discussed.
Council Member Brey pointed out there is no requirement for a
review in three years included in the motion, with it being
clarified the three year review was offered by the applicant as a
concession in an effort to have the request approved by the
Planning Commission.
Mayor Leja then wanted to know what would happen if the City
adopted a better sign ordinance, how would any new requirements
affect this sign and others like it.
The City Manager advised that in the event the Council decided to
do away with signs, there would be a time limit given, according
to value, to allow existing signs to be amortized.
Mayor Leja then asked for confirmation there would be no blinking
lights, or anything of that nature, on this sign, with the
applicant stating there would nothing like that.
Vote taken on Council Member McLaughlin's motion to approve the
variance.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Page 7
Beaumont City Council
August 24, 1992
23. At this point, the discussion was returned to the report from the
Parks Committee,
The City attorney advised that he and Mr. Burch had discussed the
responsibilities for repairs and potential liability, and
recommended that the City agree to idemnify the contractor against
litigation regarding the removal of the trees; the City will also
agree to fund a reimbursement of the cost of repairing any unknown
pipe or pipes that may be discovered during the trenching effort;
the contractor agree to idemnify the City against litigation filed
by its employees against the City in the event of any injury; the
contractor agree to name the City as an additional insured on the
contractor's general liability policy, with the City agreeing to
pay the nominal expense involved in adding the City as an
additional insured.
There were no questions or comments from the Council.
Construction of Basketball Courts at Stewart Park through
Volunteer Services.
Motion by Council Member McLaughlin, second by Council Member
Russo, that:
I. The City agrees to idemnify the contractor against
litigation regarding the removal of the trees at
the basketball court site;
2. The City agrees to fund a reimbursement of the cost
of repairing any unknown pipes that may be discovered
during the trenching;
3. The contractor is required to idemnify the City
against any litigation filed by its employees
against the City in the event of any injury;
4. The contractor is required to name the City as an
additional insured on the contractor's general
liability policy, with the City agreeing to pay
the expense associated with adding the City to
the rider.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Mr. Burch then requested the Council to consider taking action on
the purchase of the portable sound system he mentioned during his
prior presentation to the Council, with a technical description
of the unit being given by Mr. Bill Henley.
Request from Parks Committee for Purchase of Portable Sound
System.
Motion by Council Member Russo, second by Council Member Brey, to
fund the purchase of a sound system for the Parks Committee, in
the amount of $600.00, with the understanding that as funds are
generated they be returned to the City.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Report from General Plan Ad Hoc Committee.
Mr. Michael Burch reported that he and Council Member Russo have
been serving as an ad hoc committee to sort out questions and act
Page 8
Beaumont City Council
August 24, 1992
as a pipeline between the consulting agency, the Planning
Commission and the City Council. He and Mr. Russo have not had
the opportunity to meet, however, have discussed a couple of
items. He reported further that the Planning Commission will be
holding an in -depth study session, regarding two particular parts
of the updated General Plan, on September 9, and would hope the
City Council would have time to review the document and compile
their questions so they may be sent to the consultants.
He went on that the Planning Commission will first consider the
recreation and park segments of the document, as that is an
ongoing issue and there is movement in the City right now. He did
emphasize they would not be ignoring other issues, such as zoning
and other important issues of the document, but since they are
asking to use City property for recreation purposes that might be
the place to start.
Mayor Leja asked if there was a deadline on which the comments
should be received so they can get the public hearings started,
with Mr. Burch stating they would hope to receive these comments
no later than the end of August so the Planning Commission would
have time to review them before sending them to the consultants.
Council Member Russo suggested that anyone having any comments
call either himself or Mr. Burch, and they can then jot down the
questions so they may be addressed.
Mayor Leja clarified that these are just initial questions, and
then the public hearings will be scheduled so everyone can get
into the meat of it and the public will not be left out of the in-
depth discussions.
5. INTENT TO ADOPT NEGATIVE DECLARATION 92 -ND -3. APPLICANT: Jesus
Cadeno. LOCATION: 410 E. 6th Street. PROJECT DESCRIPTION:
Request for three outside tables with umbrellas in front of the
snack shop. (92- CUP -1, 92- ND -3).
A staff report was received from the City Manager, a copy of which
is a matter of record in the Clerk's file.
The public hearing was opened at 6:55 P.M.
There was no one requesting to speak in favor of or opposition to
this negative declaration.
The public hearing was closed at 6:56 P.M.
There were no questions or comments from the Council.
a. Consideration of Adoption of Negative Declaration 92 -ND -3
based on the findings.
Motion by Council Member McLaughlin, second by Council Member
Russo, to adopt Negative Declaration 92 -ND -3, based on the
findings.
AYES: Council Member
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
END PUBLIC HEARINGS
Brey, McLaughlin, Parrott, Russo and
6. Presentation by Waste Management Relative to Recycling.
The City Manager reported that he had requested Waste Management
to give a brief presentation tonight, to remind the Council of the
options available as well as the prices. Once the Council has
determined the option they desire for curbside recycling, that
action should be taken tonight so staff can advertise a public
hearing for a fee change.
Page 9
Beaumont City Council
August 24, 1992
have some seed money, and the volunteer effort has been
phenomenal. That is exactly what the committee is counting on -
the people of the City of Beaumont - not the City Council.
Council Member McLaughlin questioned who would be liable if a tree
limb falls and hits someone while the trees are being taken down,
with Mr. Burch stating the contractors will be carrying workers
compensation liability. What they are asking for is protection
beyond that in case taking out the trees institutes a lawsuit.
The City Attorney said he had a number of questions to ask of Mr.
Burch concerning this issue, and suggested that he and Mr. Burch
go into the hall for this discussion, while the Council proceeds
with its agenda. He will then come back and make a recommendation
to the Council.
3. ORAL COMMUNICATION:
There was no one requesting to speak during oral communication.
PUBLIC HEARINGS - 6s00 P.M.
4. APPEAL Of Planning Commission Denial Of a Request For a Variance
To Raise a Six Foot Free Standing Sign To Sixteen Feet At Highland
Springs Car Wash. APPELLANTS Chuck Druhot /Garcia. LOCATION:
655 Highland Springs Road.
The City Manager presented his report, along with a copy of the
appeal, the staff report to the Planning Commission, and the basis
on which the Planning Commission denied the variance. A copy of
this report is a matter of record in the Clerk's file.
The public hearing was opened at 6:22 P.M.
Mr. Chuck Druhot, 2105 Mountain Avenue, Banning: I have come
forward here to bring my case to you people because I need help.
These are tough, tough times, and I would like to tell you why we
would like to raise our sign from six feet to sixteen feet.
We started this project about two years ago or so, and back then
this was a booming area. It looked like if you wanted to buy a
home in Sun Lakes you had to put in a slip of paper to get in a
lottery, that is the way they were selling then. Landmark was
going to build 13,000 plus homes over here at Oak Valley, and they
were going to build about three golf courses. Deutsch was going
to build 4,000 homes just north of me up there. And that is what
this kind of business needs. It needs a lot of people. And what
we are doing right now - we are advertising - we are sending out a
lot of coupons. I have got coupons in Alpha Beta, Banning, that
is on the back of the register tapes. Alpha Beta, Beaumont,
Builders Emporium, K -Mart. I send out a mailing in Val -Pak
monthly. The Buyer's Guide monthly. I have got coupons in the
Record - Gazette, the Community Adviser, and that is kind of the way
I advertise my business now.
But all of this advertising only goes to local folks. It doesn't
go to anybody off the freeway, or anybody going up and down Sixth
Street or Ramsey. Now ours is an automotive related business, and
we are very freeway oriented, and here we are on a secondary
street. About the only people that go up and down Highland
Springs are the folks that go to the hospital, Highland Springs
Village, or something like that. There is nothing really to draw
them in there.
Like Mr. Bounds said, we don't expect the sign to be seen from the
freeway, or on the freeway, but folks going down and they get off,
and they want to go to Jack in the Box, or the Farmhouse, Chevron,
Alpha Beta, or any of them, they can see our sign if we have it
raised a little bit. The way it stands right now, and I have got
some pictures to back me up, which I would like to have Mr. Berg
Page 4
Beaumont City Council
August 24, 1992
Mr. Greg Martin, representing Waste Management, spoke briefly
relative to the recycling programs proposed by Waste Management,
calling attention to the information submitted to the Council with
their packets, and offering to answer any questions the Council
may have.
Council Member Parrott asked if containers to be used for pick-
up had to be purchased by the customers, or were they furnished by
Waste Management, with Mr. Martin replying that Waste Management
would supply the unit, and they would remain the property of Waste
Management.
Mr. Parrott then wanted to know if the pick -up locations would
remain the same, or would everyone have to leave the containers at
the curb. Mr. Martin responded the pick -up locations and routes
would be the same as they now are, including on the same day.
There were no other questions or comments from the Council.
The City Manager described the three options available to the
Council, one being 14 and 18 gallon bins, with once a week
service; the second option would be a 64 gallon cart, on wheels,
with a 14 gallon newspaper insert, with once a week service; and
the third option being the 64 gallon cart with newspaper insert
with a bi- weekly service. The additional cost for the bins, with
weekly service, would be $1.50 per month. Option two, with weekly
service, would be $2.35 per month, and Option three, with bi-
weekly service, would be $1.75 per month.
Council Member McLaughlin pointed out a smaller family would not
need the larger size as a large family would, but apparently there
would not be a size choice offered.
The City Manager said his feeling was that with the 64 gallon
cart, with the newspaper insert, most families could get by with
bi- weekly service.
Other general questions were asked by the Council for
clarification of the options offered.
The City Manager called attention to the fact that since Waste
Management will be amortizing this program over a ten year
period, they are asking that a five year extension be granted to
the franchise agreement at the time the Council considers adopting
a curbside recycling program, should the program be adopted.
There being no objections, direction was given to staff to prepare
an amendment to the ordinance dealing with the franchise, with
further direction to notice a public hearing for the adoption of a
resolution changing the fee structure.
Discussion continued concerning the option favored by the Council,
with Mr. Martin stating if the option they select does not appear
to be addressing the needs of the community, they can come back
and adjust the frequency of pick -up desired, after giving it at
least a year's trial.
Mayor Leja wanted to know if there is some kind of monitoring form
available for the customer to express whether or not they need a
more frequent pick -up, with the City Manager suggesting they could
put a question such as this on the bill.
Answering a question from Council Member Russo, Mr. Martin advised
that a lot of cities are going with the 64 gallon cart, on a bi-
weekly basis, as the smaller container is basically already
outdated.
By a consensus of the Council, option number three, the 64 gallon
cart with 14 gallon newspaper insert, on a bi- weekly basis, was
selected for the recycling program.
Page 10
7.
8.
Beaumont City Council
August 24, 1992
Proposals for Engineering Services.
a. Receive staff report:
The City Manager reported that seventeen proposals were received
with all proposals reviewed by both himself and the Mayor,
particularly looking at fees and services offered, as well as
background experience. Their recommendation is to accept the
proposal of Almgren and Koptionak, who have an office in Beaumont
staffed by a man with prior City Engineer experience.
Additionally, the fees are proper in comparison with all the other
combinations looked at.
Responding to s question from Council Member Russo, the City
Manager advised the fees proposed are $65.00 per hour for plan
checks, meetings, etc., with fees of $70.00 to $90.00 for
technical work on a project for the City. The work proposed by
the City at this time is plan checking and other normal City work
dealing with applicants, with no actual City projects anticipated
at this time.
Council Member Russo then wanted it confirmed the City will make
sure the fees are paid by the fees generated for those services
paid by the applicants. The City Manager said staff would make
sure the applicants are charged properly for any work that has to
be done or redone.
Council Member Brey asked who the contact would be, with the City
Manager indicating Mr. Lin Newton is the gentleman staffing the
office in Beaumont, and then answering a question from Council
Member Parrott stated they have a large staff, with their main
office being in San Diego.
b. Consider Proposals Received for Engineering Services.
Motion by Council Member McLaughlin, second by Council Member
Russo, to accept the proposal of Almgren and Koptionak for
engineering services.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
The meeting was recessed at 7:16 p.m., reconvening at 7:29 p.m.
Proposals for Planning Services for Lockheed /Potrero Creek
Specific Plan, Environmental Impact Report and Related LAFCO
Action.
The City Manager advised that twenty -two fi ^ms submitted
proposals, with only one failing to make a proposal. After
extensive review, the recommendation is that Terra Nova Planning
and Research, Inc., of Palm Springs, be hired for both the
Lockheed project, for a lump sum of $39,550, and for consultant
planning services to review and process any projects, as required
by the City, at $55.00 an hour across the board.
Council Member Russo asked what the criteria was in making the
selection, with the City Manager stating that he and the Mayor
worked extensively together in the review, with both of them
looking at those firms which had done similar types of work, such
as a large project comparable to Lockheed. Also Terra Nova is
willing to not do any private work with any developers as long as
they have a contract in the City, therefore, not creating
potential conflict of interest situations. Their capabilities
have been proven to the City by their work on the Noble Creek
project, which staff has been watching very closely. They have
been working with Blythe, Desert Hot Springs, Palm Desert, Rancho
Mirage, with all of these cities giving them a very high
recommendation.
Page 11
Beaumont City Council
August 24, 1992
Council Member Russo asked if the fee of $55.00 across the board
included the principals of the company, and if this was an
uncommon proposal. The City Manager confirmed the $55.00 would
cover anyone in the company working on a project for the City, and
he did have a few other proposals which came in that way, but most
of them had a series of fees to be charged, with more charged for
the principals or project managers, such as a range from $45.00 to
$120.00, with one firm from San Francisco indicating they would
need $500.00 travel expense each time they were required to come
down to Beaumont. Other proposals were straight time and
material, with many of the others discussing it on the basis of
how much they charge when overtime is involved, while this
proposal indicated that if it was a twelve hour day it would
still be the same charge.
Council Member Russo then asked how their statement they would not
work for another developer in the City come into play, with the
City Manager explaining they will not do any work in the City for
any developer - period. Therefore, they could not come to the
City later saying we can't review that project because we worked
on that project.
The City Attorney stated that the Council might want to consider
accepting the proposal subject to preparation of the appropriate
agreement, in that way they could be sure their concerns are
addressed if there are concerns. Or, they may want to consider
accepting the proposal subject to staff review of the agreement,
therefore, not requiring that the agreement be brought back to
Council.
Council Member Russo questioned the statement "portal to portal"
for the $55.00 per hour, with the City Manager stating that
whether the work is done in Beaumont, or in their office, it will
be $55.00 per hour, with no mileage charged, and no overtime
charged.
There were no other questions or comments from the Council.
b. Consider Proposals Received for 1) Planning Services for
Lockheed /Potrero Creek Specific Plan, Environmental Impact
Report and Related LAFCO Action, and 2) Consultant Planning
Services for Review and Processing Projects as Required by the
City at the Direction of the City Manager.
1) Selection of Firm to Provide Planning Services for the
Lockheed /Potrero Creek Specific Plan, Environmental
Impact Report and Related LAFCO Action.
Motion by Council Member McLaughlin, second by Council Member
Brey, to accept the proposal of Terra Nova Planning and
Research, Inc. to provide planning services for the
Lockheed /Potrero Creek Specific Plan, Environmental Impact
Report and related LAFCO action.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
2) Selection of Firm to Provide Consultant Planning Services
for Review and Processing Projects as Required by the
City.
Motion by Council Member McLaughlin, second by Council Member
Brey, to accept the proposal of Terra Nova Planning and
Research, Inc. to provide consultant planning services for
review and processing of projects as required by the City at
the direction of the City Manager.
Page 12
AYES: Council Member
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Beaumont City Council
August 24, 1992
Bray, McLaughlin, Parrott, Russo and
9. RESOLUTION NO. 1992 -27 - Establishing a Joint Powers Agreement
Between Riverside Mid - County Police Agencies for a Computer
Network.
Chief Smith presented information concerning this computer network
and the joint powers agreement being proposed. Chief Smith's
report, and information provided by Sergeant Renner of the City of
Banning, are a matter of record in the Clerk's file.
Council Member Russo asked when this computer network would be on-
line provided the Council approved it, with Chief Smith advising
they would anticipate February or March of 1993, contingent upon
how fast all the agencies approve it so that a request for
proposal may be issued.
The City Attorney asked a number of questions to clarify wording
in the proposed agreement, making suggestions for alternate
wording in some cases.
Sergeant Renner stated that he is dealing with six cities, six
city attorneys and six city managers, and he appreciates all the
input he has received. Each City will be given a copy of each
approved document, and they will be coming back to each of the
City Councils with those amendments at a later date.
There were no questions or comments from the City Council.
Motion by Council Member Russo, second by Council Member Parrott,
to adopt Resolution No. 1992 -27.
AYES: Council Member Brey, McLaughlin, Parrott, pusso and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
10. Consideration of Adoption of Memorandum of Understanding Between
the City of Banning and the City of Beaumont Relative to Joint
Operation of Computer Networking Between the Cities.
Chief Smith again presented information concerning the proposed
memorandum of understanding with Banning relating to the joint
operation of computer networking between the cities. A copy of
this report is a matter of record in the Clerk's file.
It was noted the City Attorney had reviewed and approved the
memorandum of understanding.
There were no comments or questions from the Council.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to approve the Memorandum of Understanding between the
City of Banning and the City of Beaumont relative to joint
operation of computer networking between the cities, and authorize
the Police Chief to execute same.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None. '
ABSTAIN: None.
ABSENT: None.
11. Authorization to Post Notice Requesting Applications to Fill One
Vacancy on the Planning Commission.
Page 13
Beaumont City Council
August 24, 1992
The City Manager presented his report, 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 McLaughlin, second by Council Member
Parrott, to authorize notices to be posted regarding the Planning
Commission vacancy, and request applications be made by 5:00 p.m.
on September 23, 1992.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
12. ORDINANCE NO. 707 - First Reading - Repealing Sections 5.28.030
and 5.28.100 of the Beaumont Municipal Code and Adding New
Sections 5.28.030 and 5.28.100 to the Beaumont Municipal Code
Dealing with the Permit Application Fee and Insurance Requirements
for Automobiles for Hire.
Motion to Read Ordinance No. 707 by title only.
Motion by Council Member Parrott, second by Council Member Russo,
to read Ordinance No. 707 by title only.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
The ordinance was read by title only by the deputy city clerk.
The City Manager reported this was being returned to the Council
at their request, with the changes made to the ordinance to
increase the application fee from $25.00 to $50.00 and the
insurance to $750,000 across the board.
Mr. Donald Ruiz, representing Payless Taxicab Co., 94 W. King,
Banning, asked if these changes in the ordinance would apply to
existing taxi services as well as himself as a new applicant, with
the Mayor stating it would affect all companies.
There were no comments or questions from the Council.
Motion to Approve Ordinance No. 707 at its first reading.
Motion by Council Member Parrott, second by Council Member
McLaughlin, to approve Ordinance No. 707 at its first reading.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
13. ORDINANCE NO. 708 - First Reading - Repealing Chapters 15.04,
15.089 15.12, 15.16, 15.20 and 15.24 of the Beaumont Municipal
Code and Adding New Chapters 15.04, 15.08, 15.12, 15.169 15.17,
15.20 and 15.24 to the Beaumont Municipal Code to Adopt Uniform
Codes and Standards for quildings and Construction.
Motion to Read Ordinance No. 708 by title only.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to read Ordinance No. 708 by title only.
Page 14
Beaumont City Council
August 24, 1992
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Let the record show the ordinance title was read in its entirety
by the Mayor at the time the ordinance was introduced.
It was noted the City Manager made comments concerning this
ordinance under adjustments to the agenda, and the title of the
ordinance will be changed to delete any reference to 1991
editions, since one of the codes being adopted is a 1990 edition.
There was no further report presented by the City Manager, or
comments or questions from the Council.
Motion to Approve Ordinance No. 708 at its first reading.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to approve Ordinance No. 708 at its first reading.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
14. ORDINANCE NO. 709 - First Reading - Adding New Chapter 17.67 to
the Beaumont Municipal Code Dealing with Swimming Pools, Spas and
Hot Tubs.
Motion to Read Ordinance No. 709 by title only.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to read Ordinance No. 709 by title only.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Let the record show the ordinance title was read in its entirety
by the Mayor at the time the ordinance was introduced.
A brief report was submitted by the City Manager, indicating the
need for this ordinance, with no questions or comments from the
Council.
Motion to Approve Ordinance No. 709 at its first reeding.
• Motion by Council Member McLaughlin, second by Council Member
Parrott, to approve Ordinance No. 709 at its first reading.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
15. Consideration of Selection of Consulting Firm to Prepare the
Redevelopment Plan.
The Mayor reported this had been discussed by the Council earlier
in the year, and they requested the City Manager to send out
requests for proposals to prepare a redevelopment plan, with the
RFPs having been reviewed by the City Manager and the City
Attorney.
Page 15
Beaumont City Council
August 24, 1992
The City Manager stated if consideration is given to hiring a
firm, his recommendation is that American Development Consultants,
of Palm Springs, be hired, as their proposal was very thorough,
and includes the environmental which goes with it. The amount of
$77,470 proposed is a reasonable cost, and the firm's principals
have worked in other firms, as well as doing a good job with this
firm. The communities in the desert who have been contacted
indicated they have had no problems with them, with many having a
long standing relationship with this firm.
Council Member McLaughlin asked if the firm would start right
away, with the City Manager indicating that would be up to the
Council.
Council Member Brey clarified that the cost was $77,470, and asked
what that would cover.
The City Manager advised that would cover from the start of
meeting with people in the area - working with a project area
committee - making a proposal (through that committee and through
Council) of what they feel should be a project area (with guidance
from the Council) - preparing an environmental to back up that
proposal - preparing a five year implementation plan - all the
ordinances necessary to have the public hearings - the
recordation - all the way to the point where everything is
adopted, the plan goes into effect, and the tax increment is
placed with the County as far as the agency then having a debt,
and receiving tax increments from the property tax. In addition,
they would meet with the taxing agencies in the area to try to
negotiate funds.
Council Member Brey then asked if this $77,470 was coming out of
the City's general fund, with the City Manager stating the normal
situation is the redevelopment agency would borrow the money from
one of the City's funds and pay that back as the first debt owed
from tax increments. He continued that there is no money in the
general fund in this year's budget to pay $77,000.
Mayor Leja said whenever you don't need the money, you always have
the money - in other words, when they need the money the most they
don't have it.
Council Member McLaughlin stated that if they selected this
consulting firm, but don't do anything, they would not be spending
any money.
Mayor Leja clarified he was saying if it was not activated, with
the City Manager adding he believed the City Attorney would agree
the City should not enter into a contract with them, otherwise
that would tell them to go to work. As a result, he suggested if
they were not ready for it, it should be put on hold.
Council Member McLaughlin then asked if they were not going
forward to select a consulting firm, then what was the object to
the next agenda item - Ordinance No. 710.
The City Attorney suggested, if funding is a concern, that the
selected group meet with staff to discuss terms of payment,
phasing of work, and other types of "easy payment" concepts that
make it more affordable, and therefore more attractive to the
City. He continued that he thought the City could use a well
thought -out redevelopment agency, as they have become useful in
other areas, and the guidance of a professional in a phased
approach, so that the costs of it are borne relatively easily by
the City over a period of time, would be advisable. He
emphasized, however, that he didn't know why this had to be solved
tonight, since the City has not had a redevelopment agency at this
point.
His recommendation was for Council to direct staff, or the finance
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Beaumont City Council
August 24, 1992
committee, to meet with the contractor to work out an easy payment
program, or a phased work schedule, to be brought back to the
Council for approval.
Mayor Leja said she liked that approach, with the Council
essentially selecting a group with which to negotiate.
The City Attorney agreed, saying this would allow the Council to
say no, but on the other hand they are moving along with a project
that needs to be looked at more seriously by the Council.
There were no other questions or comments from the Council.
Motion by Council Member McLaughlin, second by Mayor Leja, to
authorize staff to negotiate a contract with American Development
Company of Palm Springs to prepare the redevelopment plan, and
bring it back to the Council.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
16. ORDINANCE NO. 710 - First Reading - Declaring a Need for a
Redevelopment Agency to Function in the City of Beaumont and
Declaring the Legislative Body of the Community to be the Agency.
Motion to Read Ordinance No. 710 by title only.
Motion by Council Member Russo, second by Council Member Brey, to
read Ordinance No. 710 by title only.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Let the record show the ordinance title was read in its entirety
by the Mayor at the time the ordinance was introduced.
The City Manager reported the ordinance which had been prepared
for their consideration establishes a redevelopment agency in the
city, and establishes the City Council as the governing body of
that agency, along with some language required by law. The
Council has seventy days after the adoption of the ordinance to
complete the necessary paperwork with the Secretary of State,
County Clerk, etc.
Mayor Leja asked if they were unable to negotiate anything that
was affordable for the City, what will be the effect with an
ordinance on the books that is essentially worthless.
The City Manager responded that they are consenting to having an
agency.
The Mayor then stated there is apparently no problem in having an
agency before they are prepared to do a plan, with the City
Manager pointing out they would have no power and could not get
tax increment money.
Mayor Leja then asked for clarification that if you don't have a
contract with anyone, istit o.k. to go ahead and set up an agency
tonight.
The City Attorney answered that it would certainly be all right,
as the agency itself can do the work and use City staff to assist
them in developing the programs. A consultant, as a professional,
would bring considerable expertise to the table, which will help
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Beaumont City Council
August 24, 1992
the Council get through the rather complex process so the program
will be up and going relatively quickly, and would save some
bumbling around - however - staff, as well as himself, could
probably do essentially what needs to be done to meet their
concerns, as well as the legal requirements. A consultant would
just get it done that much more effectively or quickly, and
usually come up with some other ways of solving problems that less
experienced people may not be able to see.
Motion to Approve Ordinance No. 710 at its first reading.
Motion by Council Member Brey, second by Council Member Russo, to
approve Ordinance No. 710 at its first reading.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
17. Consider the Need for a Development Impact Fee Study.
Mayor Leja said she had requested this be placed on the agenda as
a result of Mr. Aklufi giving her some information. When they
start approaching the development stage, the City needs to make
sure they have sufficient studies done for development impact
fees. She then asked Mr. Aklufi to address some of the needs the
City will be faced with, as some cities have been caught off -
guard when things have started happening, and either establish
impact fees that are outrageous and have been sued, or they
haven't put in a significant amount for impact fees, thus they do
not have proper infrastructure and schools.
The City Attorney stated there are two concerns the City needs to
address, with the assistance of the proposer. First, he wanted
the Council to know this gentleman essentially authored software
that was used by the City of Moreno Valley, and, in his opinion,
Moreno Valley has the most comprehensive development impact
studies and fee schedules, of any he has seen, as well as being
the most legally sufficient program he has ever seen.
He continued that originally, he asked Moreno Valley if they could
work with the City of Beaumont, but for a variety of reasons they
were unable to do so, as a result, he went to the man who drafted
it and asked for a proposal, because he thinks the City needs to
study two issues - number one, are they collecting fees in the
right areas; and number two, are the fees in a sufficient amount
to meet the needs of the community.
He pointed out that many fees are set h
arbitrarily, and don't consider true
therefore, some development gets off scot
up picking up the lion's share of the tab,
relief, are often granted, so the City
didn't intend to pay.
aphazardly, rather than
development demands,
free, while others end
and then when they seek
ends up with bills it
As an example, he called attention to the fact that Moreno
Valley's program collects fees from developers to insure that
off -ramps and overpasses on Highway 60 are constructed, so there
is not a need to raise such funds by bond issues, loans, special
assessments, etc. The City will need firefighting equipment,
which can cost many hundreds of thousands of dollars, and by
having a proper fee schedule they will be able to insure that when
the equipment is needed; there will be sufficient money in the
kitty to pay for that.
The particular software program he is recommending crunches the
numbers, looks at the potential demand, the general plan, and
makes some assumptions - then comes up with a fee - looking at the
cost of the various programs that have to be made part of every
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18.
19.
20.
Beaumont City Council
August 24, 1992
development. By this means, it comes up with a fee schedule that
makes sense, which is periodically reviewed to make sure that it
keeps up with inflation and the E & R index.
Mr. Aklufi went on that he did not think the City has an adequate
development impact fee schedule, and he thought that the proposer
has made a proposal that appears to be an easy payment program for
the City. It will take some period of time to generate the
necessary information, so it seemed to him to be a good proposal,
not only because it is proven, in his opinion, but because it is
an easy, affordable study that would be done by an obviously
qualified professional.
He really didn't think the City could wait to take a look at its
impact fee schedule.
Mayor Leja called attention to the fact she had not included the
proposal that Mr. Aklufi was referring to in the packet tonight,
as she mainly wanted discussion to center around the need for the
City to have a development impact fee study, and possibly the City
Attorney and the City Manager work on bringing in some proposals,
not just the one he has been discussing, but also a couple of
others, as well as working with the League of California Cities to
see what they have developed.
There were no questions or comments from the Council.
There being no objections, direction was given to staff to obtain
additional proposals relative to a development impact fee study,
as well as obtaining information from the League of California
Cities.
Report from General Plan Ad Hoc Committee.
This report was moved to Committee Reports and Appointments under
adjustments to the agenda, and was given at the beginning of the
meeting by Mr. Michael Burch.
Consider Holding a Joint Meeting with the Beaumont Unified School
District Board of Directors to Discuss Future Projects.
This agenda item was removed from the agenda under adjustments to
the agenda.
Request by Council Member Russo to Readvertise for City Manager
Position.
Council Member Russo said he indicated a few weeks back that he
wouldn't vote to spend any more money on the search for a City
Manager, however, after doing some research, and speaking to
individuals in the business, including Mr. Bounds, his opinion has
changed.
In order to understand his position, he related a bit of
historical data in that the City received 93 applications for City
Manager after advertising. In his opinion a couple of things were
wrong in the ad to begin with. Mr. McLaughlin and Mr. Parrott
went through all these applications to come up with some finalist.
In addition screening committees went through them, ending up with
a few finalist, with none of them being chosen.
He went on that since Mr. Bounds has agreed to stay on in an
interim basis, it is his opinion that, if they find none of the
93 applicants are worthy of further pursuit, the City should
readvertise the position indicating the salary this time and
perhaps get more response. Additionally, timing is critical,
therefore, if they make a decision tonight to readvertise and
advertise in the October issues, they may get some people looking
after the November elections that might otherwise not be looking.
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Beaumont City Council
August 24, 1992
In summarizing, he recommended that they advertise now, with a
closing date some time in November, a speedy process designed to
make the final selection within a week, and to have people in to
be interviewed and make a decision. He felt a couple of things
in the first process were wrong, in that they didn't put the
salary in the ad, and that they probably spent too much time in
the reviewing process, which may have hurt them in their ability
to attract some of the candidates they would have liked to take a
look at.
Addressing the cost of readvertising, he stated it would cost
$300.00 to do the same type of advertising that was done the first
time. To find the type of City Manager they are looking for who
will come in and help the City build and grow, they owe it to the
community to open it up again, and this time show the salary. He
then suggested the salary should be increased, because in today's
market, to find a City Manager to do what they want him to do,
more money should be offered. He emphasized that his heartfelt
feeling is the whole system is highly over -rated and over -paid,
however, it is the game they are in, and in order to be in the
game they are going to have to pay the price.
He then requested a discussion on the salary, proposing the City
basically do the same ad, with the salary amount included to show
$85,000 or negotiable depending upon qualifications. He justified
this amount by saying, in looking around, in order to attract the
caliber person they want - in today's market - this proposed
salary amount is in the ballpark. He recognized this is an
increase over what was paid to the previous City Manager, and to
the current Interim City Manager, but, in his opinion, and in his
research, that is what the market will bear - that will be what it
takes to get some people who, otherwise, might not even look at
the job, and give them a field of candidates they can really
choose from.
Council Member Parrott asked if there were any applications left
over they can look at again.
Mayor Leja said they have all the applications left over, and not
a lot of attention was given to those who were making that type of
a salary.
Motion by Council Member McLaughlin, second by Council Member
Brey, to readvertise for the City Manager position, including the
changes in the application form as stated, with a salary of
$85,000 or negotiable depending on qualifications, plus benefits.
Following the motion, the City Manager pointed out they should be
prepared to go to $100,000 if they publish an ad such as this,
with Council Member Russo saying he didn't think that would
happen.
Council Member Brey suggested they indicate $85,000- $95,000
depending on qualifications.
Mayor Leja asked if they would have another Council Meeting before
the advertisement has to be submitted, with the City Manager
stating they will meet on the 14th, and they will have to have the
ads in on the 15th.
Council Member McLaughlin wanted to know if Mr. Bounds felt the
applicants would ask for more money, with an affirmative answer
from Mr. Bounds.
Council Member Bray felt they would get more, better quality,
applicants, whose salary history could be reviewed to determine
whether they would accept the proposed salary, and negotiate with
them.
The City Manager pointed out the last ad required that a salary
history be provided.
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Beaumont City Council
August 24, 1992
Council Member Russo said the ad should include a statement that
prior applicants must re -apply to be considered.
Mayor Leja asked where the money was coming from to pay this
salary.
Council Member McLaughlin said his motion would then include
authorization to send out the advertisements, with a salary range
included of $85,000 - $95,000, plus benefits, with the statement
included that prior applicants must re -apply to be considered,
with a closing date of November 13, 1992.
To clarify for the record, Council Member McLaughlin's motion is
restated as follows:
Motion by Council Member McLaughlin, second by Council Member
Bray, to readvertise for the City Manager position, with a salary
range of $85,000 - $95,000, plus benefits, with the statement
included that prior applicants must re -apply to be considered,
with a closing date of November 13, 1992.
Mayor Leja again asked where they were going to get the money
from, and with no response, stated they would find the money,
right?
Council Member Russo said they would find the money in this case.
VOTE TAKEN ON MOTION:
AYES: Council Member
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Brey, McLaughlin, Parrott, Russo and
Following the vote, the City Attorney said the City Manager's
salary could be considered as one of the issues in the development
impact study, because the City Manager will be devoting a lot of
time to growth issues, and by careful allocation of his time they
will end up making up the difference easily.
21. Request by Council Member Russo to Set a Time and Date for a Goal
Setting Meeting for the City Council and City Manager, During the
Month of September, to Establish Priorities for the Next Twelve
Months.
Council Member Russo commented that he knew Mayor Leja has asked
for this in the past, and just to state it simply, he believed
this Council is involved in a lot of great activities, both in
committees and in other things they are doing collectively and
individually. His concern is he is not quite sure what the
priorities are, and it is hard for him to stay on target and
concentrate on whether water is more important than sewer, or
redevelopment agencies, or this or that, and he thinks they all
feel that frustration at some time or another.
His main concern, more than anything else, is that in the past
several months they have reduced staff significantly in the City,
and at times the Council is giving mixed messages to some of the
staff, including the City Manager, on what the priorities are, and
what is most important.
He went on that this is not a way to sidestep anyone, or to
bellyache about anything other than the fact that he thinks they
should all be going in the same direction at the same time.
He did not anticipate this first meeting being a lengthy meeting,
just put some of the various things they all see as being
important on the chalkboard, and then choose how to number those
in priority, so at least the staff knows what is most important
from day to day, and what this Council wants them to work on.
Page 21
Beaumont City Council
August 24, 1992
He did recognize that from time to time other issues will come up,
but he thought they are managing by crisis most of the time, and
although things are getting done, they are working awfully hard
and spinning a lot of wheels in getting them done.
He continued that it is hard to really focus on what the number
one, number two and number three priorities of the City Council
are at this point and time, and he felt they should all be saying
the exact same thing when people ask them that question.
Discussion followed concerning where the workshop would be held,
with the City Attorney pointing out a workshop is still open to
the public, so it is recommended it be held in Beaumont. It was
emphasized the Council would not have to accept public input, but
it is open to the public.
Mayor Leja asked if they should have a facilitator, with Council
Member Russo stating he did not think that was necessary for the
first meeting, because if they find out in that first meeting
there are too many things, and too many diversities amongst the
group, then they would probably need someone to facilitate the
process, but if they are all thinking along the same lines, if
that is reduced to a document, which they are all reading from,
saying these are our priorities - then - from that meeting they
can go forward, defining all the steps they need to take to
achieve these goals.
Motion by Council Member Russo, second by Council Member
McLaughlin, to hold a goal setting meeting in the City Council
Chambers, with the City Council and City Manager, on September 23,
1992, at 6:00 p.m.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
22. Designation of Voting Delegate for League Annual Conference.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to designate Mayor Jan Leja as the voting delegate, with
Mayor Pro Tem Frank Parrott as the alternate, for the League
annual conference.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
23. Committee Reports and Appointments.
Senior Citizens Advisory Committee:
Nell Welch, Chairperson, distributed an unidentified document to
the City Council, and then reported they hoped to have their
training session off the ground sometime in October. She then
explained that the training session is when they are going to
learn what to do and what not to do when they go out and go into
the homes of some of the people they want to be aware of, and know
what their problems are, and assess their frailty. She said they
need the training badly, as they really cannot go out until they
have that.
She then stated the committee is trying to support the Council's
efforts relative to leisure and community services. This is a new
dimension for her to think about, as she has been trying to get in
her mind how the two worked together for the past couple of weeks,
but does think it is a very interesting aspect because not only is
she interested in the Senior Center and the seniors, she, and the
Page 22
Beaumont City Council
August 24, 1992
whole center, are definitely interested in the community.
Parks Committee:
The Parks Committee report was given by Michael Burch at the
beginning of the meeting.
Appointments: Lynn Baldi was appointed to the parks committee by
Mayor Leja.
There were no other committee reports or appointments.
24. CONSENT CALENDAR -
a. Approval of Minutes of Regular Council Meeting of August 10,
1992.
b. Approval of Payment of Warrants and Payroll.
Motion by Council Member McLaughlin, second by Mayor Leja, to
adopt the consent calendar as presented.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Date set for next Regular Council Meeting, Monday, September 14,
1992, 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 8 :50 p.m.
Respectfully submitted,
City Clerk
Page 23
BEAUMONT CITY COUNCIL
MINUTES OF
SEPTEMBER 14, 1992
The Beaumont City Council met in a regular meeting on Monday,
September 14, 1992, at 6 :00 p.m., in the City Council Chambers, with
Mayor Pro Tem Parrott presiding.
On roll call the following Council Members were present: Brey,
McLaughlin, Russo and Mayor Pro Tem Parrott.
Let the record show Mayor Leja was excused.
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. Presentations to Winners of Beaumont Parks Committee's First
Annual 3 on 3 Basketball Tournament.
Mr. Craig Winterstein, of the Parks Committee, made the following
presentations to the winners of the first annual 3 on 3 basketball
tournament:
The Legends - Men's 16 -18 age group team.
The Legends - Men's 15 -13 age group team.
Team Bogh - Women's 16 -18 age group team.
The Hornets - Men's 12 and under age group team.
The Bruisers - Men's 19 -29 age group team.
The Retreads - Men's 30 -49 age group team.
On behalf of the Beaumont City Parks Committee, Mr. Winterstein
thanked everyone who participated in the tournament. There were
twenty -two teams in the tournament, and for a first year effort,
he thought everyone should be commended.
4. ORAL COMMUNICATION:
Mr. Lyle Millage, speaking for the Beaumont Chamber of Commerce,
addressed the Council, stating the increasing presence of graffiti
in the area has become of grave concern to the Chamber, a number
of people on the City staff and business people, and over the last
months they have been in the process of forming a graffiti task
force to address the graffiti. They have been soliciting funds
from business people, the chamber and service clubs, and the
response has been overwhelming. Everyone they have talked to has
been enthusiastically behind them. They have collected funds, and
deposited them in a special account at North County Bank to buy
paint so volunteers can paint out graffiti wherever they find it.
As a kickoff to the event, they are going to try to paint out the
Page 1
Beaumont City Council
September 14, 1992
entire three - quarter mile wall on West 8th Street at Three Rings
Ranch. This will take place on Saturday, September 19, at
9:30 a.m.. The generosity of two local painting contractors will
make it possible to accomplish this task. Mr. John Richardson
and Mr. Mike Heintz will both be there with their equipment, as
will the paint truck from the City of Banning. As a result, no
volunteers will be needed to roll paint on in this particular
instance, although they will be needed later on.
He then invited all of the Council, and anyone else who wished to
take part in this kickoff for graffiti removal, to be there on
Saturday to show solidarity for the community as they paint out
the wall.
Mr. Norm Davis, 5826 Lake Buena Vista, Banning, addressed the
Council, indicating that he had stood in front of this microphone
years back volunteering his services to the City when they had a
great need. That specific instance was regarding the community
block grant development program, which was greatly in arrears, and
he now is going to step forward tonight and make another offer.
That offer was to serve as the City Manager during the period they
are seeking to fill the position, and he would not wish to be
considered beyond that point. He felt the City has a great need
in that he knows that Proposition 4, Constitutional Amendment
13.b, mandates the adoption of a spending limitation every year.
Subsequently, there was passed in the Civil Code of the State of
California, Code No. 7910, a provision providing there shall,
annually, by resolution, be adopted a spending limitation.
He then stated that during the years he served as Beaumont's City
Manager there was a spending limitation adopted every year. In
85 -86, the first year he did not serve, there was no spending
limitation adopted. (Let the record show that Resolution No.
1985 -24, Setting the Appropriation Limit for 1985 -86, was adopted
by the Beaumont City Council on May 28, 1985, the first resolution
adopted following the hiring of the new City Manager.)
Subsequently, through the years, there was one adopted, however,
unless he is mistaken, there was no spending limitation adopted
last year for the 91 -92 year, and there has been none adopted for
the current year, 92 -93.
Mr. Davis continued that from information he has, it appears in
1983 -84 there was an approximate 13% increase over the next three
years to the limitation that was adopted for 86 -87. In 87 -88
there was approximately a So increase adopted, in 88 -89 an
approximate 8110 increase adopted, in 89 -90 an approximate 120
increase adopted, and in 90 -91 an approximate 12A increase.
He concluded the Council would do well to check to see whether the
limitation is the correct limitation, and they must definitely be
very concerned about the fact they have not had one adopted for
the last two years, because, in his recollection, if someone
brings suit against the City involving the spending limitation, if
the Court finds in favor of whoever might bring such a suit, they
could hold the Council Members and the City Manager personally
responsible for whatever the difference might be in overspending.
If a case is filed in civil court, it takes priority over
everything, as it is mandated in civil code that it must get to
trial within sixty days.
He added that if there is any desire to follow up on anything that
he has suggested to them,, he would be most willing to discuss it
with them.
There were no other speakers during oral communication.
PUBLIC HEARINGS - 6:00 P.M.
Page 2
5.
Beaumont City Council
September 14, 1992
PROPOSED INCREASE IN MINIMUM FEES FOR BUILDING PERMITS.
A staff report was received from the City Manager explaining the
need for an increase of these minimum fees to cover the costs
involved in processing the permits. He also called attention to
the fact the fees would not go into effect for sixty days
according to State law.
A copy of this report is a matter of record in the Clerk's file.
The public hearing was opened at 6:15 P.M.
No one requested to speak in favor of or opposition to the
adoption of the resolution.
The public hearing was closed at 6:16 P.M.
There were no questions or comments from the Council.
a. RESOLUTION NO. 1992 -28 - Establishing a Schedule of Fees to be
Charged by the Building & Safety Department for Various
Services.
Motion by Council Member McLaughlin, second by Council Member
Russo, to adopt Resolution No. 1992 -28.
AYES: Council Member Brey,
Tem Parrott.
NOES: None.
ABSTAIN: None.
ABSENT: Mayor Leja.
McLaughlin, Russo and Mayor Pro
6. PROPOSED INCREASE IN FEES FOR RUBBISH SERVICE TO PROVIDE A
RECYCLING PROGRAM.
The City Manager presented his staff report, explaining the
reason for the requested amendment to the agreement is to add an
additional five year option to the existing contract, for a total
ten year option, which will allow Inland Disposal to amortize the
equipment purchased for the recycling program over a ten year
period.
He also explained the reason for increasing the fees was to
implement the recycling program as approved by the City Council at
their previous meeting, with this fee increase including not only
the additional cost for implementing the recycling program, but
also the City's 21% franchise fee for billing and collection.
Copies of both these reports are a matter of record in the Clerk's
file.
The public hearing was opened at 6:25 P.M.
Mr. George Barak, 903 E. 14th Street, Beaumont: I have an
editorial here from the Sun, February 27, 1992. It says Calimesa
is getting quite a recycling bang for its buck. They are getting
a $1.00 reduction in their trash bills for this recycling.
Okay, and then over in Highland - the City of Highland, they have
a - they reduced their pickup to once a week to every other week,
and no increase in fees in Highland.
That is all I have to say.
There were no other requests to speak.
The public hearing was closed at 6:26 P.M.
Council Member Russo said it was mentioned that Inland Disposal is
the City's provider for this service, and asked if there were no
Page 3
Beaumont City Council
September 14, 1992
other services available to the City. The City Manager responded
he knew of no other service that would not be involved in a
conflict with the Inland Disposal franchise, pointing out there
has been a lot of publicity during this last year - not only in
relation to the recycling, but other waste product matters as
well, and no one has come forward and said they would take the
City's recyclables for nothing.
Council Member Russo asked if Mr. Bounds was indicating that
perhaps the reason why Highland and Calimesa are able to keep
their rates the same is they have different providers.
The City Manager advised that Calimesa is served by Cherry Valley
Sanitation, however, he did know the service in the County, around
this area, is $1.96 a month from Cherry Valley Sanitation.
Council Member Russo then questioned when fees would be
negotiable, with the City Manager replying the contract calls for
fees to be negotiated every year, and in that language it states
adjustments shall be based upon consumer price index and other
extraordinary operational costs. In the past the service at the
landfill has increased each year, which has been a pass through on
the extraordinary operational costs. There have been a series of
increases for various programs which the County finances through
their tipping fees to the dump. The Consumer Price Index has gone
up each year as well. As a result, the City can probably
anticipate another increase in January of 1993.
Council Member Russo continued that the question of incentives for
recycling has always been floating around, asking if, in the
future, there may be some type of incentives offered through the
County or through other waste disposal programs, where there might
be some new program in a year or two.
The City Manager said everything he has seen indicates it is going
to cost the City more in the future.
Mayor Pro Tem Parrott asked if the increase is basically the
dumping fees, with the City Manager replying that is part of it,
however, everything that is being recycled today - for example, in
the case of newspaper, which used to be profitable to recycle -
it is now at the point where you can't pay your gas bill to
Riverside to get rid of newspaper. This is true of all other
recyclables, with the exception of aluminum cans because there is
a California Redemption on them. At this point, he didn't know
when the money would catch up to pay for recycling.
Council Member McLaughlin said, in Calimesa - not knowing anything
more than what was read by Mr. Barak - and not knowing what their
fee was initially - could they have been overcharging to begin
with. He also wondered if Calimesa is picking up all types of
recyclables or just a specific type. In conclusion, he felt they
would need to know a lot more about what each garbage contractor
is offering before a comparison of what the costs are could be
made.
Mr. McLaughlin continued that he knew the State is mandating that
cities have to have a certain percentage of the waste flow reduced
by 1995, and the bulk of it by the year 2000, so it isn't just
something the City is doing on a whim - they are being mandated by
the State to do it. He didn't know if the general public was
aware that the City has to comply with certain mandates from the
State, and State mandates do cost money.
Council Member Russo wanted to know when the City actually has to
begin recycling. Council Member McLaughlin said the City is
supposed to reduce waste flow by 25% by 1995, with the City
Manager agreeing that is correct.
Mr. Russo asked if that was January 1995, with the City Manager
Page 4
Beaumont City Council
September 14, 1992
indicating he doesn't remember the exact date. The City Manager
went on to advise the Waste Management Task Force is scheduled to
meet later this week at which time they will be considering the
City's waste management program for approval, and the consultant
feels it will be approved. That will then be coming back to the
City Council, at which time they will be able to again review it
and see all of the ramifications of that program. This plan will
tell them when they have to go what percent of the waste stream,
and what has to be taken care of by what date. It will also show
the cost the City will get involved with.
Council Member Russo then asked, bottomline, was it necessary for
the Council to complete this portion of the recycling this
evening, with the City Manager indicating it is not necessary.
Council Member McLaughlin said if that is true, and since the City
Manager will be attending the Waste Management Task Force meeting
and receiving all of the latest data that is available, it might
be wise to continue consideration of this item until that
information has been received.
The City Manager clarified all he will be learning at this meeting
is whether the task force accepts or rejects the City's plan. He
personally feels the plan will be approved, and this plan will
show the Council exactly the dates they have to meet, because this
will be the City's program for the future.
He suggested that since the public hearing has been closed, they
can take it under advisement, and then bring it back to address
the fees again. If someone desires to speak at that time, they
can be allowed to speak if Council action is taken to allow them
to speak. In the meantime, he will bring them all the information
he can, including the fees being charged by Highland and Calimesa,
and other information concerning their recycling program.
Council Member Brey asked if the contract with Inland expires at
the end of this year, with the City Manager clarifying the
contract does not run out until 1998, but if there is a cost of
living increase they have the right to request an increase of fees
in December to become effective in January. At this date, he has
not heard if the County is proposing to increase the landfill
fees, but feels that will be a good possibility because they have
not missed a year yet.
Council Member Brey then said all the City would be doing is
amending the existing contract to increase the fees, with the City
Manager concurring that is correct, adding that if they are going
to bring recycling trucks in they feel they should have a right to
amortize their equipment, and that is the reason for the
additional five year option.
The City Manager then suggested this could be brought back to the
Council on the 28th without creating a problem, since it will be
November before the inserts are here, and it could be determined
at that time if they want to hold off on recycling.
Council Member Brey observed that if the contract runs to 1998, it
wouldn't do the City much good to go to another carrier and get
prices, since nothing could be done until 1998.
The City Manager said that is correct, unless they wanted to
consider getting someone else for recycling, however, he was not
sure they would want to consider that.
Council Member Russo agreed there were a lot of things they were
not sure about on this.
a. RESOLUTION NO. 1992 -30 - Amending Resolution No. 1988 -42
Approving Agreement Between City of Beaumont and Inland
Disposal, Inc. for Collection of Refuse, to Provide an
Page 5
Beaumont City Council
September 14, 1992
Additional Five Year Option Period.
b. RESOLUTION NO. 1992 -29 - Rescinding Resolution No. 1992 -04 and
All Other Resolutions In Conflict Herewith to Provide for
Updated Rubbish Service Collection Costs for Residential
Users By the Addition of a Recycling Program.
Motion by Council Member McLaughlin, second by Council Member
Russo, to continue discussion of this agenda item to the regular
meeting of September 28, 1992.
AYES: Council Member Brey,
Tem Parrott.
NOES: None.
ABSTAIN: None.
ABSENT: Mayor Leja.
END PUBLIC HEARINGS.
McLaughlin, Russo and Mayor Pro
7. Consideration of Agreement with County of Riverside for
Maintenance of the Southerly Half - Section of Fourteenth Street
from Interstate 10 to the Existing City Limits.
Fo
The City Manager presented his report, a copy of which is a matter
of record in the Clerk's file. Since this maintenance agreement
with the County was a condition placed on the approval of the KSE
annexation by LAFCO before a Certificate of Completion would be
recorded, his recommendation was for approval of the agreement.
He noted the agreement had been prepared by County Counsel, and
reviewed and approved by the City Attorney.
There were no questions or comments from the Council.
Motion by Council Member Russo, second by Council Member Brey, to
approve the maintenance agreement with the County of Riverside and
authorize the Mayor to execute same.
AYES: Council Member Brey, McLaughlin, Russo and Mayor Pro
Tem Parrott.
NOES: None.
ABSTAIN: None.
ABSENT: Mayor Leja.
Report Relative to Applications to Fill Vacancy on Senior
Citizens Advisory Committee.
The City Manager reported no application had been received at this
date to fill the vacancy on the Senior Citizens Advisory
Committee, and recommended the Council keep the position open
until filled, with staff continuing to seek applications for the
position.
There being no objections, the position will be left open until
filled.
Authorize the Adjustment of Funded Projects for 18th Year
Community Development Block Grant Funds.
A report was received from the City Manager giving background
information concerning the adjustment of funded projects, as
required by the Economic Development Agency. 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 Russo, second by Council Mernber
McLaughlin, to authorize the adjustment of funded projects for
18th Year Community Development Block Grant funds, as follows:
Page 6
Alternatives to Domestic
Violence
Parent -Child Literacy
Computer Lab
Public Service Total
Rangel Park Improvement
Stewart Park Improvement
Orange /Maple Sidewalk
Improvement
Senior Home Repair
(added by Council 4/27/92)
Non - Public Service Total
GRAND TOTAL
Beaumont City Council
September 14, 1992
$ 2,874.00
8,071.00
$ 10,945.00
8,955.00
3,890.00
18,305.00
9,757.00
$ 40,907.00
$ 51,852.00
and to further authorize the Mayor to execute the final documents.
AYES: Council Member Brey, McLaughlin, Russo and Mayor Pro
Tem Parrott.
NOES: None.
ABSTAIN: None.
ABSENT: Mayor Leja.
10. ORDINANCE NO. 707 - Second Reading - Repealing Sections 5.28.030
and 5.28.100 of the Beaumont Municipal Code and Adding New
Sections 5.28.030 and 5.28.100 to the Beaumont Municipal Code
Dealing with the Permit Application Fee and Insurance Requirements
for Automobiles for Hire.
Motion to Read Ordinance No. 707 by title only.
Motion by Council Member McLaughlin, second by Council Member
Brey, to read Ordinance No. 707 by title only.
AYES: Council Member Brey, McLaughlin, Russo and Mayor Pro
Tem Parrott.
NOES: None.
ABSTAIN: None.
ABSENT: Mayor Leja.
Let the record show, the ordinance title was read in its entirety
by Mayor Pro Tem Parrot at the time he introduced the ordinance.
Motion to Adopt Ordinance No. 707 at its second reading.
Motion by Council Member McLaughlin, second by Council Member Brey
to adopt Ordinance No. 707 at its second reading.
AYES: Council Member Brey, McLaughlin, Russo and Mayor Pro
Tem Parrott.
NOES: None.
ABSTAIN: None.
ABSENT: Mayor Leja.
11. ORDINANCE NO. 708 - Second Reading - Repealing Chapters 15.04,
15.08, 15.12, 15.16, 15.20 and 15.24 of the Beaumont Municipal
Code and Adding New Chapters 15.04, 15.08, 15.12, 15.16, 15.17,
15.20 and 15.24 to the Beaumont Municipal Code to Adopt Uniform
Codes and Standards for Buildings and Construction.
Motion to Read Ordinance No. 708 by title only.
Motion by Council Member McLaughlin, second by Council Member
Brey, to read Ordinance No. 708 by title only.
AYES: Council Member Brey, McLaughlin, Russo and Mayor Pro
Tem Parrott.
Page 7
Beaumont City Council
September 14, 1992
NOES: None.
ABSTAIN: None.
ABSENT: Mayor Leja.
Let the record show the ordinance title was read in its entirety
by Mayor Pro Tem Parrott at the time the ordinance was introduced.
Motion to Adopt Ordinance. No. 708 at its second reading.
Motion by Council Member McLaughlin, second by Council Member Brey
to adopt Ordinance No. 708 at its second reading.
AYES: Council Member Brey,
Tem Parrott.
NOES: None.
ABSTAIN: None.
ABSENT: Mayor Leja.
McLaughlin, Russo and Mayor Pro
12. ORDINANCE NO. 709 - Second Reading - Adding New Chapter 17.67 to
the Beaumont Municipal Code Dealing with Swimming Pools, Spas and
Hot Tubs.
Motion to Read Ordinance No. 709 by title only.
Motion by Council Member Russo, second by Council Member Brey, to
read Ordinance No. 709 by title only.
AYES: Council Member Brey, McLaughlin, Russo and Mayor Pro
Tem Parrott.
NOES: None.
ABSTAIN: None.
ABSENT: Mayor Leja.
Let the record show the ordinance title was read in its entirety
by Mayor Pro Tem Parrott at the time he introduced the ordinance.
Motion to Adopt Ordinance No. 709 at its second reading.
Motion by Council Member Russo, second by Council Member Brey, to
adopt Ordinance No. 709 at its second reading.
AYES: Council Member Brey, McLaughlin, Russo and Mayor Pro
Tem Parrott.
NOES: None.
ABSTAIN: None.
ABSENT: Mayor Leja.
13. ORDINANCE NO. 710 - Second Reading - Declaring a Need for a
Redevelopment Agency to Function in the City of Beaumont and
Declaring the Legislative Body of the Community to be the Agency.
Motion to Read Ordinance No. 710 by title only.
Motion by Council Member Russo, second by Council Member Brey, to
read Ordinance No. 710 by title only.
AYES: Council Member Brey,
Tem Parrott.
NOES: None.
ABSTAIN: None.
ABSENT: Mayor Leja.
McLaughlin, Russo and Mayor Pro
Let the record show the ordinance title was read in its entirety
by Mayor Pro Tem Parrott-at the time he introduced the ordinance.
Motion to Adopt Ordinance No. 710 at its second reading.
Motion by Council Member Russo, second by Council Member Brey, to
adopt Ordinance No. 710 at its second reading.
AYES: Council Member Brey, McLaughlin, Russo and Mayor Pro
Tem Parrott.
Page 8
Beaumont City Council
September 14, 1992
NOES: None.
ABSTAIN: None.
ABSENT: Mayor Leja.
14. Committee Reports and Appointments.
There were no committee reports or appointments.
15. CONSENT CALENDAR:
a. Approval of Minutes of Regular Council Meeting of August 24,
1992.
b. Approval of Payment of Warrants and Payroll.
Motion by Council Member McLaughlin, second by Council Member
Brey, to adopt the consent calendar as presented.
AYES: Council Member Brey, McLaughlin, Russo and Mayor Pro
Tem Parrott.
NOES: None.
ABSTAIN: None.
ABSENT: Mayor Leja.
16. 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 Securities & Exchange
Commission vs ITM, Case No. 91- 6715RG, U. S. District Court,
Los Angeles.
b. Pursuant to Government Code Section 54957 to Consider
Public Employee Personnel Matters.
The meeting was recessed to closed session at 6:52 P.M.,
reconvening to regular session at 8:15 p.m.
Date set for City Council Goal Setting Study Session, Wednesday,
September 23, 1992, at 6:00 p.m., in the City Council Chambers.
Date set for next regular Council Meeting, Monday, September 28,
1992, 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 8:17 p.m.
Respectfully submitted,
City Clerk
Page 9
BEAUMONT CITY COUNCIL
MINUTES OF
SEPTEMBER 28, 1992
The Beaumont City Council met in a regular meeting on Monday,
September 28, 1992, at 6 :03 p.m., in the City Council Chambers, with
Mayor Leja presiding.
On roll call the following Council Members were present: McLaughlin,
Russo, Parrott and Mayor Leja.
Let the record show Council Member Brey was excused.
The invocation was given by Mayor Leja, who then led the pledge of
allegiance to the flag.
1. Clerk's Affidavit of Posting.
The Clerk's affidavit of posting the agenda was read into the
record by the Deputy City Clerk.
2. Adjustments to Agenda.
The City Manager advised he has been working with one of the
partners of Crystal Springs to determine the advisability of
authorizing an assignment of their subdivision agreement, which
has taken some time, and they were not able to get it on the
agenda by the time it was posted. He and the City Attorney feel
that it would be wise if this decision could be made tonight, so
they will be able to move ahead with the project.
There being no objections, the consideration of an assignment of
the Subdivision Agreement for Crystal Springs subdivision was
added to the agenda as Item No. 14.
3. ORAL COMMUNICATION:
There was no one requesting to speak during oral communication.
4. Presentation by Representative from Riverside County
Transportation Commission Relating to the Annual Report for the
Measure "A" Project Commuter Rail and Highway Impro� vent Program.
Mr. Hideo Sugita, representing the Riverside County Transportation
Commission, presented the annual report for the Measure "A"
Project Commuter Rail and Highway Improvement Program using slides
along with a narrative.
Council Member Russo asked for a brief explanation of the
difference between RCTC and RTA, and what RCTC does that RTA does
not do.
Mr. Sugita advised that RTA is the transit agency that provides
public transit through the provision of things like vans for
handicapped service and fixed route bus services, while RCTC is
more or less the planning agency responsible for short range
planning, and is responsible for administration of the funds that
actually go to pay for those services provided by RTA.
Council Member Russo the asked if that meant RCTC oversees RTA
projects, with Mr. Sugita stating, technically, according to law,
yes. He did point out, however, there has been quite a bit of
discussion about the roles and responsibilities between both the
Commission and RTA, with those having been somewhat fleshed out in
terms of discussions between the two agencies, and he understands
Page 1
Beaumont City Council
September 28, 1992
there is continuing discussion on roles and responsibilities that
is ongoing as they speak.
Council Member Russo then stated that it seems the major problem
with transportation in this area is the linking of busing systems
between cities - being able to take a bus from Beaumont to go to
Riverside or being able to go to San Bernardino. There are a lot
of elderly people on fixed incomes who would enjoy the ability to
move around the County a lot easier through transportation
systems. He continued that, with the definition given to RCTC,
they would have some influence on those kinds of projects through
RTA.
Mr. Sugita said that is correct, but there is also a State process
that is called Transportation Development Act unmet needs
hearings whereby RTA, along with RCTC, hold public hearings in
different parts of the County and receive input on an annual
basis as to what is perceived to be an unmet need. He went on
that with respect to the Pass Area, and the type of transit
service that is provided here, he understands there are some
limited connection buses provided through RTA which is linked up
through the City's Dial -A -Ride service, which is very ably run by
John.
Council Member Russo wanted to know if there are any plans, so far
as Mr. Sugita knows, about a bus system that would l nk the cities
of Riverside together in commuting through a rapid transit system.
Mr. Sugita said, in terms of rapid transit, there are no plans
currently to expand that he is aware of, although he could have
their transit planner look at that with the RTA people and see
what is in their five year plan as to whether or not there would
be any future development with respect to transit service in the
Pass Area.
Council Member Russo pointed out that as the cities grow in the
Pass Area they will get closer and closer to Moreno Valley and all
the rest of the cities.
Mr. Sugita commented that one of the things they try to do at the
Commission is look at how cost effective transit services can be
provided, and, as the area becomes more dense and develops in a
denser fashion, with more demand for these types of services,
those types of services can be more easily provided, because you
can meet certain State required fare recovery ratios.
He continued that at the present time, they are subsidizing
between 80% and 90% of all public transit services that are put on
the road. The only fare box recovery rate they need to meet is
about 10% for rural systems and 20% for urban systems, so what
RCTC tries to do is meet those particular State mandated
requirements to maintain eligibility to have State funds to fund
the balance of what it costs to provide that service.
Council Member Russo said it would seem to him, if the City is in
a growing area, and projected growth is anticipated, that would
also mean - in the future - in their planning - widening of
freeways and more offramps to facilitate all the traffic, since
a lot of the people who will be moving here will be commuting to
Riverside and San Bernardino - therefore - it appears to him it
would be logical to start planning some kind of a bus
transportation system that could be utilized by commuters going to
work, thereby eliminating some of the very costly expense of
expanding freeways, etc.,Ialthough some of that might be needed -
couldn't some of that need be met by anticipation of a better
rapid transit system for people who commute?
Mr. Sugita responded that in a perfect world that would be true,
with Mr. Russo stating it should at least be in the planning
process, and asked where the City should go to influence that kind
Page 2
Beaumont City Council
September 28, 1992
of planning.
Mr. Sugita suggested they could speak before the Commission, meet
with RCTC staff, speak before RTA, or utilize the process of unmet
needs hearings to take public testimony. Additionally, as a
Council person, they could call a meeting with RCTC staff at any
time they would like to discuss the possibilities, and see what is
possible. In that way they could be informed as to what the
constraints are placed on RCTC with respect to meeting certain
required funding thresholds and recovery thresholds on fares.
Mayor Leja asked if there has been any other discussion so far as
City representation on RCTC as she was aware that some of the
smaller cities wanted to expand representation an RCTC because the
small cities felt they were not being represented.
Mr. Sugita said there was a joint meeting of the administrative
committees including the Western Riverside Council of Governments
and RCTC, however, he does not know "what the outcome of that
meeting was. He does believe it is an ongoing discussion as to
how that representation - if it is going to be included on the
board - will take place.
Mayor Leja then wanted to know how much City representation is on
RCTC presently, with .Mr Sugita advising it is a seven member
board with three County Supervisors, one from the City of
Riverside, one citizen, leaving about three cities actually
represented with respect to actual membership on the Board.
Mayor Leja asked for clarification that this is three cities so
far as elected officials or people at large.
Mr. Sugita stated it is elected officials, with two at -large
positions that are appointed through what is called the Council of
Mayors, and that is done on an annual basis. He continued that,
as far as he understands, with this administrative committee
meeting to look at RCTC, they are looking at discussions an terms,
how to construct a board and how that board will rotate over time.
Mayor Leja then asked how the priority of projects is determined,
with Mr. Sugita clarifying that if she means in terms of the
Measure "A" program, they have used an extensive analysis using a
cost benefit assessment of each of the projects with respect to
how much congestion there is, and how quickly a project can be
delivered. He went on that they have attacked the program from
the standpoint of putting in those they could put in the quickest
and get the best bang for the buck with respect to relieving
congestion, with Highway 91 receiving quite a bit of emphasis in
the early years of this program.
Mayor Leja said it seems as if the Coachella Valley area has done
quite well as far as receiving monies.
Mr. Sugita replied there are three program areas for the Measure
"A" program, each being an apportionment area to itself - one is
the Palo Verde Valley, one the Coachella Valley a -d one Western
Riverside County, and the funds that are generated in those areas
remain in those areas. The plan that was put together, and was
voted on by the voters, was very specific in terms of actual
project segments that would be implemented through this program
over a twenty year period.
Mayor Leja then wanted to know if there are any projects scheduled
for this area in the coming years, with Mr. Sugita advising that
Route 79 will be widened to four lanes, and that should be
underway in the spring of 1994.
Responding to another question
there are any other projects, Mr.
the Beaumont Avenue overpass, and
Page
from Mayor Leja as to whether
Sugita said they assisted with
the only other project ,which
3
Beaumont City Council
September 28, 1992
is not a part of Measure "A" - is an inner -city train that would
pass through Beaumont and go into the Coachella Valley.
Mayor Leja wanted to know who on the seven member board should the
City be lobbying, and who, technically, represents this area.
Mr. Sugita indicated the representative for this area is probably
Kay Ceniceros, the Supervisor for the Third District. Of the
other parties, he did not think there was anybody specifically
from either Banning or Beaumont on the Commission or as an
alternate.
Council Member Russo asked if he heard correctly that the funds
were spent where they were generated, with Mr. Sugita stating if
the sales tax is generated in western Riverside County, which is
basically the Pass Area going toward Orange County, it remains and
is spent in that part of the County. The same is true of the
Coachella Valley - the funds generated by that area, remain within
that area and are expended there.
Council Member Russo referred to the brochure distributed by Mr.
Sugita, asking if the funds shown as being spent there were for a
one year period, or what period of time does the brochure cover.
Mr. Sugita replied that in terms of the funding identified by
City, it is an annual amount of money - which is the 40% local
return, and for further clarification said the money shown
represents 40% of the 1/2 cent sales tax collected in the area.
There were no further questions or discussion on this agenda item.
5. PROPOSED INCREASE IN FEES FOR RUBBISH SERVICE TO PROVIDE A
RECYCLING PROGRAM. (Continued from September 14, 1992).
The City Manager presented his report, a copy of which is a matter
of record in the Clerk's file.
He then called attention to the variety of bins -`Lich had been
brought to the meeting by Inland Disposal for display, including
the 64- gallon bin proposed to be utilized for the City's recycling
program. He pointed out the feature of the ability to roll the
cart will be an advantage to many in the City.
Alma Vrzal, 720 California Avenue, Beaumont, addressed the
Council, stating that she would like to say she and her husband
cannot understand why it should cost more to recycle the trash.
The program is definitely needed, but the refuse company will be
able to sell all the recyclables, and should be able to make money
on it.
She continued that she and her husband have a home in Redondo
Beach and they have been recycling for at least two years or more.
The cost for refuse removal is charged on their tax bill with a
yearly rate of $137.16, which breaks down to $11.43 a month. With
the condition of the economy at the present time, not only in
Beaumont, but at the County, State and Federal levels, and people
out of work or on fixed incomes, they can't understand the trash
charges increasing. She then wanted to know if the charges would
be increased every year as they have been previously. She pointed
out they live in Beaumont, not Beverly Hills or Rancho Mirage, and
the costs need to be held down as much as possible.
She then thanked the Council for allowing her to express her
feelings, and asked them' to think it over very seriously before
raising the trash fee.
As an afterthought, she advised the Council their sewer fee in
Redondo Beach is $58.00 a year, and is paid with the tax bill,
which is quite a savings over Beaumont's charges.
Page 4
Beaumont City Council
September 28, 1992
a. RESOLUTION NO. 1992 -30 - Amending Resolution No. 1988 -42
Approving Agreement Between City of Beaumont and Inland
Disposal, Inc. for Collection of Refuse, to Provide an
Additional Five Year Option Period.
Council Member Russo asked the representatives of Inland Disposal
to explain the program and what the City will gain in what is
being proposed for Beaumont, as well as the advantages in terms of
usage and the ease for the elderly and others who might have a
difficult time carrying containers.
Mr. Greg Martin, representing Waste Management /Inland Valley,
explained the program that is being proposed in that there are
three generations of recycling programs, with the first generation
being one, two and possibly three containers the size of milk
crates. The second generation was a two container program, where
there were co- mingled products. The third gen -ation is one
container - which is what they have proposed for the City - in
which all the co- mingled items are placed in the bottom of it, and
on top you place the newspaper insert. This container provides
for rolling it out every other week, instead of every week, due to
its size.
He continued that one concern at the last Council meeting was
remembering when to put the recyclables out, pointing out that one
of the features of this bin is a decal showing what weeks the
recyclables are collected so there is no confusion which week to
put them out.
Mr. Martin indicated that the smaller containers being used by
Highland and Calimesa, as well as some other communities, will
have to be upgraded in the future, at which time there will be an
increase in rate. In addition, if the City waits to implement the
larger bin, the rate will more than likely be more than that which
is being proposed, therefore, by implementing this program now
it will result in a savings to the City.
He went on to say that Waste Management is building a Material
Recovery Facility in Moreno Valley, which should be in operation
in about twelve months, at which time they can pick up in Beaumont
and take it to the Material Recovery Facility and get the most for
the dollar with the recyclable products.
Council Member Russo said Mr. Barak brought up two interesting
points when he spoke with him earlier today, one being whether or
not mobile home parks and apartments will be included in this
program, and, if so, how does it work.
Mr. Martin responded that usually there is a set program where you
take small steps - basically, a recycling program for residential,
then move into the commercial, then multi - family, green waste, and
so on. What they are proposing in Beaumont, and because of the
size of the community, they can go ahead and incorporate those
programs a little quicker. As a result they can look at
implementing a multi - family collection program. What happens at a
mobile home park or an apartment complex, is there is not enough
room for the larger containers, so there are smaller ones
available in different colors, which means you are going back to
the first and second generation programs - but it makes it easier
for people to carry them downstairs, rather than the large bin
should they be on the second floor.
He continued that depending on the availability of space, they can
furnish the larger container, however, sometimes a mobile home
park or a multi - family area does not allow them to have that size
container, so there are other programs in which they can
participate.
Mr. Russo said that was his question - if the City decides tonight
to have a program, and set a date for starting it, can they also
Page 5
Beaumont City Council
September 28, 1992
have the mobile home parks and apartments in at the same time,
rather than phasing it, with Mr. Martin confirming they can
incorporate it in the same program.
Council Member Russo then mentioned there were two other items -
one being that he had heard green waste mentioned, but he had not
heard anything about oil recycling for the residents.
Mr. Martin said they are currently doing a recycled oil program in
Riverside County, which they were mandated to do as of July 1 this
year, and if the City would like to look into addressing a waste
oil collection program, they can do so. He explained that each of
his recycling trucks would have a one hundred gallon tank on the
side of it, and at the same time they collect the recyclables,
they would take the waste oil from the container placed out by the
resident, pour it into the tank and take it back to the recycling
facility. He indicated he could look into implementing this
program as well, at no extra charge to the residents.
Council Member Russo then brought up green waste - asking if this
all adds into the 25 %, with Mr. Martin stating that is correct,
and if there is good curbside recycling, with everyone
participating, it would result in six, possibly up to nine or ten
percent maximum - where a green waste program is anywhere from
twenty to twenty -eight percent of your trash„ but with a
combination of the two programs you would achieve your 25% for
1995.
Mr. Russo wanted to know when the green waste program would be
started, with Mr. Martin stating they could implement the same
type program they are using in Murietta right now, which is known
as a "clean green" program where the green waste is placed in
plastic bags and is picked up by yet another truck.
Council Member Russo then asked about the possibility of senior
citizen discounts being available, with Mr. Martin saying they
would have no problem with a senior citizen discount program, as
they are offering this type of program in other areas, and they
could certainly look at that at the time of the annual rate
increase review at the end of the year, which would coincide with
the implementation of the recycling program.
Council Member Russo clarified that if they decided to go with the
program, but not start until January, there would be time to nail
down all the issues brought up, including the senior discount rate
before the program is started, with Mr. Martin answering in the
affirmative.
Mr. George Barak, 903 E. 14th Street, asked how many trucks and
extra men would Inland Disposal require for this program in
Beaumont.
Mr. Martin said the current recycling program provides that one
recycling truck can pick up three residential routes, so he would
just need one additional truck.
Mr. Barak then asked how many of the receptacles would be needed
for Beaumont, with Mr. Martin replying about 2800 for the
residential single - family homes.
Mr. Barak continued his questioning by asking if they sell the
recyclable items after they are picked up, with Mr. Martin
advising the proposal which has been submitted to the City has a
rate based on them sellimg the product and retaining the revenue.
He continued that they also maintain the risk, where if the rates
go down in the market - which are continuing to go down as more
and more cities go to recycling programs - they continue to
maintain the same rate.
Mr. Barak pointed out they would not have to take the tonnage to
Page 6
Beaumont City Council
September 2B, 1992
Lamb's Canyon and pay a tonnage fee, but rather take it to the
recycling centers for free and get paid something for it.
Mr. Martin responded to that question by saying that is right,
however, the rate being proposed incorporates not having a
landfill fee in it. It cannot be taken from the residential fee,
but in the recycling fee it has not been included, so that has
been taken into account.
Mr. Barak asked if the residents were going to be charged for the
bins, with Mr. Martin saying there will just be the monthly rate,
with the containers being furnished by the company, and, if at any
time the container becomes damaged or needs repair, it will be
replaced at no cost, including if it is stolen or damaged beyond
repair.
There were no other questions concerning the recycling program.
Motion on Resolution No. 1992 -30.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to adopt Resolution No. 1992 -30.
AYES: Council Member McLaughlin, Russo, Parrott and Mayor
Leja.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Brey.
b. RESOLUTION NO. 1992 -29 - Rescinding Resolution No. 1992 -04 and
All Other Resolutions In Conflict Herewith t "i Provide for
Updated Rubbish Service Collection Costs for Residential
Users By the Addition of a Recycling Program.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to adopt Resolution No. 1992 -29.
AYES: Council Member McLaughlin, Russo, Parrott and Mayor
Leja.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Brey.
6. Request for Transfer of Palmer Cablevision Franchise to Colony
Cablevision of California.
The City Manager presented his report, a copy of which is a matter
of record in the Clerk's file. A full packet of material had been
previously furnished to the Council for their review giving all
details of this proposed transfer.
There were no questions or comments from the Council.
a. RESOLUTION NO. 1992 -31 - Consenting to the Transfer and
Assignment of Cable Television Franchise.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to adopt Resolution No. 1992 -31.
AYES: Council Member McLaughlin, Russo, Parrott and Mayor
Leja.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member BTey.
7. Report Relative to Applications to Fill Vacancy on Planning
Commission.
The City Manager reported no applications had been received by
5:00 p.m. on September 23, which was the closing date.
Page 7
Beaumont City Council
September 28, 1992
By a consensus of the Council, notice will continue to be posted
with no closing date stipulated.
B. Adoption of Appropriations Limits:
a. RESOLUTION NO. 1992 -33 - Setting Forth an Appropriations Limit
for 1991 -92 Consistent with Article XIII B of the California
Constitution and Giving Notice of Availability of Information
Supporting Said Determination.
b. RESOLUTION NO. 1992 -34 - Setting Forth an Appropriations Limit
for 1992 -93 Consistent with Article XIII B of the California
Constitution and Giving Notice of Availability of Information
Supporting Said Determination.
A report was received from the City Manager, a copy of which is a
matter of record in the Clerk's file.
There were no questions or comments from the Council.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to adopt Resolutions No. 1992 -33 and 1992 -34.
AYES: Council Member McLaughlin, Russo, Parrott and Mayor
Leja.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Brey.
9. Authorize Requests for Qualifications (RFQ) for Master Urban and
Infrastructure Planning, Financing and Environmental Impact
Analysis on a City Wide Basis.
The City Manager called attention to the scope of work which is in
the agenda packet, and requested authorization to issue this
Request for Qualifications.
There were no questions or comments from the Council.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to authorize a Request for Qualifications (RFQ) for
master urban and infrastructure planning, financing and
environmental impact analysis on a City wide basis.,
AYES: Council Member McLaughlin, Russo, Parrott and Mayor
Leja.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Brey.
10. Committee Reports and Appointments.
There were no committee reports or appointments.
11. Consider Selection of the Firm of Diehl, Evans and Company to
Perform the Audit for Year Ending June 30, 1992.
The City Manager presented his report, 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 Russo, second by Council Member Parrott,
to authorize Diehl, Evarts and Company to perform the audit for
year ended June 30, 1992 at a fee not to exceed $14,500.00.
AYES: Council Member McLaughlin, Russo, Parrott and Mayor
Leja.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Brey.
Page 8
Beaumont City Council
September 28, 1992
12. CONSENT CALENDAR:
a. Approval of Minutes of Regular Council Meeting of September
14, 1992.
b. Approval of Payment of Warrants and Payroll.
C. RESOLUTION NO. 1992 -32 - Ordering Territory Designated as
LAFCO 91 -73 -3, City of Beaumont 91- ANX -2 -50, Annexed to the
City of Beaumont, and Rescinding Resolution No. 1992 -25 and
All Other Resolutions in Conflict Herewith. Applicant: L.
Olinger and KSE Development. Location: Southeast Corner of
14th Street and Interstate 10.
e. Approve and Authorize Mayor to Execute the Fire Protection
Agreement with County of Riverside Fire Department for Fiscal
Year 1992 -93.
Council Member Russo requested that consent calendar Item No. 'd'
be removed from the consent calendar.
Motion by Council Member Russo, second by Council Member
McLaughlin, to adopt the consent calendar as presented, with the
exception of Item No. 'd', which will be considered separately.
AYES: Council Member McLaughlin, Russo, Parrott --id Mayor
Leja.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Brey.
12. d. Request from Cherry Festival Association for
Permission /Concurrence for All Activities of the 1993 Cherry
Festival Including Use of City Property, City Streets and City
Crews.
Council Member Russo asked that this agenda item be held over
until the Public Safety Committee has had time to review
particular issues regarding the Cherry Festival.
There being no objections, this agenda item was continued until
a report is received from the Public Safety Committee.
13. Canceling Regular Council Meeting of Monday, October 12, 1992 and
Setting Date for Next Regular Council Meeting on Monday, October
199 1992, at 6:00 p.m., in the City Council Chambers.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to cancel the regular Council meeting of Monday, October
12, 1992, and set the date for the next regular Council meeting on
Monday, October 19, 1992, at 6:00 p.m., in the City Council
Chambers.
AYES: Council Member McLaughlin, Russo, Parrott and Mayor
Leja.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Brey.
14. Request from F. N. Projects, Inc. for Assignment of the Crystal
Springs Subdivision Agreement to First Nationwide Financial
Corporation.
The City Manager reported that F. N. Projects, Inc., a partner in
the Crystal Springs subdivision, has requested that the
Subdivision Agreement between them and the City be assigned to
First Nationwide Financial Corporation.
He reported further that the City Attorney has reviewed the
request and asked for assurance from the issuer of the subdivision
Page 9
I
Beaumont City Council
September 28, 1992
bonds, which is Safeco Insurance, that they agree with the change
of principal.
This consent to the change of principal was received today from
Safeco, and both he and the City Attorney recommend that the
Council approve the Consent to Assignment conditioned on the
City receiving the original bond transfer, and to authorize the
Mayor to execute the Consent to Assignment.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to approve the Consent to Assignment conditioned on the
City receiving the original bond transfer letter, and authorize
the Mayor to execute the Consent to Assignment, which will be held
until the originals are in place.
AYES: Council Member McLaughlin, Russo, Parrott and Mayor
Leja.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Brey.
There being no further business to come before the Council, the
meeting was adjourned at 7 :09 p.m.
Respectfully submitted,
City lerk
Page 10
BEAUMONT CITY COUNCIL
MINUTES OF
OCTOBER 26, 1992
The Beaumont City Council met in a regular meeting on Monday,
October 26, 1992, at 6:03 p.m., in the City Council rhainbers, 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 City Manager Bounds, who then led the
pledge of allegiance to the flag.
1. Clerk's Affidavit of Posting.
The Clerk's affidavit of posting the agenda was read into the
record by the Deputy City Clerk.
2. Adjustments to Agenda.
There were no adjustments to the agenda.
3. ORAL COMMUNICATION:
There was no one requesting to speak during oral communication.
4. Request for Waiver of Fee for Application to Amend Ordinance.
The City Manager presented his staff report, in which he advised
that Mr. Monte Brown, of Monte's Automotive, 900 E. 6th Street, is
requesting to amend the sign ordinance as it relates to free
standing signs. The City has established a fee of $300.00 for a
textual change to an ordinance, by adoption of Resolution No.
1990 -44. Mr. Brown is requesting a waiver of this fee.
Council Member Parrott asked if the fee has always been $300.00,
with the City Manager indicating this fee has been existence for a
number of years. He then explained that the $300.00 fee is
basically designed to help pay the cost of staff who would be
involved in the changes to be made, the attorney to review a new
ordinance, and to advertise hearings at both the Planning
Commission and City Council. He pointed out that $300.00,
compared to other cities, would be considered a very small fee of
this nature.
There were no other questions or comments from the Council.
Motion by Council Member McLaughlin, second by Council Member
Russo, to deny the request for a waiver of fee for application to
amend ordinance.
AYES: Council Member Brey, McLaughlin, Russo and Mayor Leja.
NOES: None.
ABSTAIN: Council Member Parrott.
ABSENT: None.
5. Consider Selection of a Consulting Team to Provide Master Urban
and Infrastructure Planning, Financing and Environmental Impact
Analysis on a City Wide ,Basis, and Authorize City Manager to
Negotiate Contract for Said Services.
The staff report was presented by the City Manager, in which he
listed the six Statements of Qualifications received, including
the sub - consultants involved with each, and giving background
information concerning the work to be accomplished.
Page 1
Beaumont City Council
October 26, 1992
Council Member Russo commented that he hadn't had the opportunity
to review all of the statements, and wanted to know what the City
Manager's opinion was in terms of the qualifications of each of
those who responded, and also which one seemed to have the
greatest latitude in their operation.
The City Manager responded that all six are heavily qualified, and
are all located in the Southern California area. After an in-
depth review, he and Mayor Leja are recommending the firm of
Trans - Pacific Consultants, with its designated sub - consultants,
be selected to serve as this consulting team, subject to
negotiating an acceptable contract.
Motion by Council Member McLaughlin, second by Council Member
Russo, to select the consulting team of Trans - Pacific Consultants
to provide master urban and infrastructure planning, financing and
environmental impact analysis on a city wide basis, and authorize
the City Manager to negotiate a contract for said services to be
returned for Council consideration and approval.
Following the motion, Council Member Parrott stated he would like
more time to review these statements.
AYES: Council Member Brey, McLaughlin, Russo and Mayor Leja.
NOES: None.
ABSTAIN: Council Member Parrott.
ABSENT: None.
6. Consider Application for Leave to Present a Late Claim. (Rebecca
and Rosalyn Girard).
The City Manager presented his report, with a recommendation for
denial of this application for leave to present a late claim based
on the finding the application was not received within one year
from the date of the incident.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to deny the application for late claim relief based on
the finding it was not presented within one year from the date
of the incident.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
7. ORDINANCE NO. 711 - First Reading - Repealing Section 17.65.300 of
the Beaumont Municipal Code Entitled Swimming Pools, Spas and
Similar.
The staff report was received from the City Manager, in which he
advised the ordinance is needed to repeal this section as a
clean -up item, since Ordinance No. 709 provided a new section
dealing with swimming pools and spas.
Motion to Read Ordinance No. 711 by title only.
Motion by Council Member Russo, second by Council Member Brey, to
read Ordinance No. 711 by title only.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Let the record show the ordinance was read by title only by the
Mayor at the time she introduced the ordinance.
Page 2
Beaumont City Council
October 26, 1992
Motion to Approve Ordinance No. 711 at its first reading.
Motion by Council Member Russo, second by Council Member Brey, to
approve Ordinance No. 711 at its first reading.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
8. Committee Reports and Appointments:
a. Finance Committee.
Council Member Russo reported that the ITM /Wymer loss write -
off was the item most broadly discussed at the last Finance
Committee meeting, and the recommendation of the Finance Committee
is to approve the write -off and the adjusted, unaudited June 30,
1992 fund balances.
For the record, Mr. Russo then read the report from the City
Manager in its entirety, stating it is basically the committee's
report. This report is a matter of record in the Clerk's file.
i. Approve the ITM /Wymer Loss Write -off and the Adjusted
Unaudited June 30, 1992 Fund Balances.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to approve the ITM /Wymer loss write -off and the adjusted,
unaudited June 30, 1992 fund balances.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
b. Public Safety Committee.
No report.
C. Public Works /Water Committee.
No report.
d. Land Use Committee.
No report.
e. Planning Commission.
No report.
f. Senior Citizens Advisory Committee.
No report.
9. CONSENT CALENDAR - All Items Listed Under the Consent Calendar
are considered to be routine by the City Council and will be
approved on one motion. There will be no separate discussion of
these items unless a Council Member or Citizen so requests, in
which case the item will be removed from the Consent Calendar and
considered separately.
a. Approval of Minutes of Regular Council Meeting of
September 28, 1992.
b. Approval of Payment of Warrants as Audited per Warrant Lists
of October 19, 1992 and October 26, 1992, in the amounts of
$255,096.14 and $161,988.16 respectively; and Payrolls of
Page 3
Beaumont City Council
October 26, 1992
September 24 and October 8, 1992, in the amounts of $49,951.46
and $51,885.23 respectively.
C. RESOLUTION NO. 1992 -35 - Rescinding Resolution No. 1991 -22
Relating to Palmer CableVision Hypothecation and Transfer
of Assets.
Motion by Council Member Russo, second by Council Member
McLaughlin, to adopt the consent calendar as presented.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
10. 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 6:22 p.m.,
reconvening to regular session at 8:20 p.m.
Date Set for Next Regular Council Meeting Monday, November 9,
1992, at 6:00 p.m., in the City Council Chambers.
There being no further business to come before th, Council, the
meeting was adjourned at 8:21 p.m.
Respectfully submitted,
City Clerk
Page 4
BEAUMONT CITY COUNCIL
MINUTES OF
NOVEMBER 9, 1992
The Beaumont City Council met in
November 9, 1992, at 6:02 p.m., in
Mayor Leja presiding.
On roll call the following Counci
McLaughlin, Parrott, Russo and Mayor
The invocation was given by Mayor
of allegiance to the flag.
1. Clerk's Affidavit of Posting.
a regular meeting on Monday,
the City Council Chambers, with
L Members were present: Brey,
Leja.
Leja, who then led the pledge
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. a. Presentation by Mr. A. J. Wilson, Executive Director, Western
Riverside Council of Governments, Relative to the Proposed
Growth Management Strategy Plan for Riverside County.
Mr. A. J. Wilson, Executive Director of Western Riverside Council
of Governments, presented information concerning their proposed
Growth Management Strategy Plan for Riverside County, emphasizing
the importance of all cities in Western Riverside County
participating to demonstrate to Sacramento their ability to work
together locally to address the impacts of growth and to avoid the
imposition of mandated programs by the State. Additionally, this
growth management strategy will preserve the autonomy of local
governments in Riverside County and create an effective
City /County partnership to manage the impacts of growth in the
County.
At the conclusion of his presentation, Mr. Wilson answered
questions from the Council.
b. RESOLUTION NO. 1992 -36 - A Resolution of Participation in
Growth and Development Management Strategy for Riverside
County.
Motion by Council Member Russo, second by Council Member
McLaughlin, to adopt Resolution No. 1992 -36.
AYES: Council Member Bray, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
5. Consideration of Claim Filed by Stephen Patino Against the City.
The staff report was received from the City Manager, with a
recommendation for rejection of the claim.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to reject the claim based on the following findings:
Page 1
Beaumont City Council
November 9, 1992
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 Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOESs None.
ABSTAIN: None.
ABSENT: None.
6. Report from Chief of Police Relative to the Effectiveness of a
Speed Control Measure Implemented on Elm Avenue.
Chief Smith presented his report in which he advised that a review
of this area does not reveal any reported traffic collisions since
May 11, 1992, and no further complaints have been received.
Specific enforcement will continue in this area with the assigned
officer as available.
No stop signs were recommended at this time, as a result no action
was required from the Council.
7. Consider Approval of Agreement with Trans- Pacific Consultants for
Infrastructure Financing Program.
The City Manager's recommendation was for approval of the
agreement with Trans - Pacific Consultants.
There were no questions or comments from the City Council.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to approve the agreement with Trans - Pacific Consultants.
AYES: Council Member Bray, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
8. Consider Approval of Agreement with Almgren & Koptionak,
Consulting Engineers, for Revisions to the Wastewater Treatment
Plant Plan and Sewer Designs.
The City Manager reported the plan that was first designed for the
wastewater treatment plant was for a first phase of three million
gallons per day, with that to be expanded to a total of six
million gallons a day. In looking at the economy, and the fact
that the construction industry is not moving as fast as it was two
years ago, there is the potential of downsizing the plant. At the
present time there are meetings scheduled with the developers, and
from those meetings it will be determined what size plant they are
willing to either pay for in cash, or to put up their property as
collateral for bonds to pay for the plant.
There is some work that needs to be done and the City needs to get
the information to Almgren & Koptionak, if changes in the size of
the plant are to be made, no later than the end of December, 1992.
The cost for this downsizing will be an amount of $548,353.00,
which will include a variety of things.
He went on to emphasize that if the developers should agree they
want a three million gallon plant, and they can pay for it, then
certainly there will be no downsizing. The plans will just be
completed and the City will continue on.
Page 2
Beaumont City Council
N, -imber 9, 1992
The City Manager's feeling was that the agreement with Almgren &
Koptionak should be entered into tonight, and authorize the Mayor
to execute that agreement, and then should the City find
themselves in that possibility of building a three million gallon
plant, then much of this amount of money would be reduced, and the
contract would be amended immediately during the month of
December.
He would like to see them go ahead and get started on some of the
things that have to be done quickly, and as they will notice in
the plan, they are looking for the potential of receiving bids on
the plant in May of 1993, and if a contract is awarded in July of
1993, the plant should be on line by the end of July 1994.
Council Member Russo asked if in the agreement it is specifically
spelled out that the cost would be reduced if the project is not
downsized, with the City Manager responding it is not, but would
be made in a contract amendment as they wouldn't really know how
to put it in at this time.
Council Member Brey questioned if the contract amount was an
approximate amount, and whether or not the City had the funds
available.
The City Manager replied it is a not to exceed figure, and the
developers would have to provide the funding if they want to build
the plant.
The Council asked for clarification regarding the funding, with
the City Manager stating they could do one of two things. The
City could advance the funds to pay for this, and take it from the
bonds in the month of April or May, or they can go to the
developers and ask for some money.
Council Member Russo again reclarified that the City could ask the
developers for cash or they can commit to collateralize their land
in the selling of bonds to build the plant.
Mayor Leja added this would be determined when they meet with the
developers /property owners this Thursday and Friday when the
consulting team will be meeting with each property owner
individually.
The City Manager again emphasized there would be no movement on
this contract until after the meetings with the property owners.
Council Member Brey questioned the advisability of entering into
the contract for this downsizing until the City has met with
all the developers /property owners and determined what their
feelings are.
The City Manager pointed out the City cannot afford to delay the
work that needs to be done for even one day, as every week they go
now they are moving the project - it is that tight right now. If
the City is going to sell bonds in either April or May, then this
work has to be completed.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to approve the agreement with Almgren & Koptionak for
revisions to the wastewater treatment plant plan and sewer
designs.
The City Manager again pointed out that until it has been
determined how the developers want to proceed, this contract will
not leave his office, however, the City cannot afford to wait
another two weeks until the next Council meeting for an approval
on the contract. If the developers say don't build a wastewater
treatment plant, the contract will not go any where.
Council Member Brey again stated his concerns that the City
should have met with the property owners before contacting the
Page 3
Beaumont City Council
November 9, 1992
engineers and telling them the City wanted downsizing.
Council Member Russo said there is a pretty good sense that this
is what needs to take place, and these meetings are just final
meetings to finally confirm it and say, okay, we understand now
what you needs are, are you willing to collateralize your land in
the sale of bonds to get the money, or do you have cash that you
want to throw in the pot. He continued that the general feeling
is that it has to be downsized as there are not enough developers
that are going to be ready to go to meet more than the demand that
they are discussing in the downsizing.
The City Manager called attention to the fact that one of the
things they are involved with in this particular type of plant,
and the fact that it can be phased, is the fact that as the plant
is being built, and they see a turnaround in the construction
market, the second phase can be started even before the first
phase is completed. The biggest problem the City is faced with is
if they don't get the first phase off, you start losing the
credibility of this area of building, and that is why they are
looking at who is willing to step up now, because when they
authorize their land to be put up as collateral for bonds, they
will see their first request for payment with their property tax
in eighteen months, and if they don't pay it the City has to step
in and start foreclosure on the property.
He went on that with the present economy,
little bit shakier than they were two years
problem getting property put up for bonds,
they feel fairly strongly, in talking to
that they can't go as far as they had ori(
first phase.
a lot of them are a
ago when there was no
so this is the reason
different developers,
finally planned on the
Mayor Leja added that, irregardless, the City has to do it for
those who want to get started, and they just want to make sure
with the developer meetings. After the initial work has been
completed, the City also has to look at the Regional Board's
amendment to the City's plan and keep in that time line too, and
their time line calls for the July date.
The City Manager continued that if they authorize the agreement,
the agreement will not leave his office until the City has heard
from the developers.
The City Attorney pointed out that may be the case, but the fact
of the matter is the motion is unconditional, making the approval
unconditional, and he recommended that language be added to the
motion to clarify their position.
MOTION RESTATED.
The original motion was withdrawn by Council Members Parrott and
McLaughlin, and restated as follows:
Motion by Council Member McLaughlin, second by Council Member
Parrott, to approve the agreement with Almgren & Koptionak for
revisions to the wastewater treatment plant plan and sewer
designs, providing funding is available.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
9. Consider Approval of Contract with Terra Nova Planning & Research,
Inc. to Provide Review and Recommendations for Design Standard
Alterations to Zoning Code.
The City Manager presented his report, a copy of which is a matter
of record in the Clerk's file, in which he advised this agreement
Page 4
_eaumont City Council
Nr mber 9, 1992
is in response to their direction at the meeting of October 28.
It is a budgeted item, and his recommendation was for approval of
the contract.
There were no questions or comments from the Council.
Motion by Council Member Russo, second by Council Member Brey, to
approve the agreement with Terra Nova Planning & Research, Inc.,
in the amount of $3,120.00, for amendment to the zoning ordinance,
residential design standards.
AYES: Council Member Bray, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
10. ORDINANCE NO. 711 - Second Reading - Repealing Section 17.65.300 of
the Beaumont Municipal Code Entitled Swimming Pools, Spas and
Similar.
The City Manager advised the Council this ordinance is being
adopted to remove a section from the Code which has been replaced
by a new section.
Motion to Read Ordinance No. 711 by title only.
Motion by Council Member Russo, second by Council Member Brey, to
read Ordinance No. 711 by title only.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
The ordinance was read by title only by the Deputy City Clerk.
Motion to Adopt Ordinance No. 711 at its second reading.
Motion by Council Member Russo, second by Council Member Brey, to
adopt Ordinance No. 711 at its second reading.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
11. Committee Reports and Appointments:
a. Finance Committee.
No report.
b. Public Safety Committee.
No report.
C. Public Works /Water Committee.
No report.
d. Land Use Committee.
No report.
e. Planning Commission.
No report.
Page 5
Beaumont City Council
November 9, 1992
f. Senior Citizens Advisory Committee.
No report.
12. CONSENT CALENDAR - All Items Listed Under the Consent Calendar
are considered to be routine by the City Council and will be
approved on one motion. There will be no separate discussion of
these items unless a Council Member or Citizen so requests, in
which case the item will be removed from the Consent Calendar and
considered separately.
a. Approval of Minutes of Regular Council Meeting of
October 26, 1992.
b. Approval of Payment of Warrants and Payroll.
C. Approve Extension of Lease for City -Owned Property to Beaumont
Garden Center.
Motion by Council Member McLaughlin, second by Council member
Parrott, to adopt the consent calendar as presented.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
13. Recess to Closed Session:
a. Pursuant to Government Code Section 54956.9(b)(1) to confer
with its attorney regarding pending litigation.
b. Pursuant to Government Code Section 54957 to Consider
Public Employee Personnel Matters.
The meeting was recessed to closed session at 6:50 p.m.,
reconvening to regular session at 7:37 p.m.
Date set for next regular Council Meeting, Monday, November 23,
1992, 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 7:38 p.m.
Respectfully submitted,
City Clerk
Page 6
BEAUMONT CITY COUNCIL
MINUTES OF
NOVEMBER 23, 1992
The Beaumont City Council met in a regular meeting on Monday,
November 23, 1992, at 6:02 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 McLaughlin, who then led
the pledge of allegiance to the flag.
1. Clerk's Affidavit of Posting.
The Clerk's affidavit of posting the agenda was read into the
record by the Deputy City Clerk.
2. Adjustments to Agenda.
There were no adjustments to the agenda.
3. ORAL COMMUNICATION:
There was no one requesting to speak during oral communication.
4. PUBLIC HEARING - 6:00 P.M. - To Receive Comments on the following:
a. Negative Declaration 92 -ND -4 with a finding of no significant
impact on the environment.
b. City of Beaumont Final Source Reduction and Recycling
Element.
C. City of Beaumont Final Household Hazardous Waste Element.
The City Manager introduced Valorie Bohnert, representing
Kleinfelder, the City's consultants in the preparation of these
elements.
Ms. Bohnert stated they have assisted the City in preparation
of the Source Reduction Recycling Element and the Household
Hazardous Waste Element, and they are comprehensive documents that
satisfy the requirements of AB939 and AB2707, which were passed by
the State in 1989, and subsequent legislation. She stated further
that the documents cover all of the details, including plan
analysis, implementation of plans, funding and responsible
parties for management of solid waste for the City of Beaumont.
This includes recycling, composting, handling of special wastes,
and handling of hazardous household wastes.
She advised that the documents have been reviewed by adjacent
jurisdictions, the County, the State, the local enforcement
agencies, and the City, and all comments have been incorporated
and accepted, and they are here tonight to receive final public
comment and to consider a resolution to adopt these final
elements.
Council Member Russo asked how long this has been in progress,
with Ms. Bohnert advising at least a year and a half, and has
allowed significant input.
The public hearing was opened at 6:07 P.M.
There were no requests to speak.
Page 1
Beaumont City Council
No nber 23, 1992
The public hearing was closed at 6:08 P.M.
There were no further comments or questions from the City Council.
a. Consider Adoption of Negative Declaration 92 -ND -4 with a
finding of no significant impact.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to adopt Negative Declaration 92 -ND -4, with a finding of
no significant impact on the environment.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
b. RESOLUTION NO. 1992 -37 - Adopting City of Beaumont Final
Source Reduction and Recycling Element (SRRE) and the Final
Household Hazardous Waste Element (HHWE).
Motion by Council Member McLaughlin, second by Council Member
Parrott, to adopt Resolution No. 1992 -37.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
5. Consider Claim for Indemnity Against City of Beaumont by McAnally
Enterprises.
The staff report was received from the City Manager, which
included a recommendation from the City Attorney and the City's
Claims Administrator for rejection of the claim.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to reject the claim in accordance with Government Code
Section 913, 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 Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
6. Committee Reports and Appointments:
There were no committee reports or appointments.
7. CONSENT CALENDAR:
a. Approval of Minutes of Regular Council Meeting of
November 9, 1992.
b. Acceptance of Minutes of Regular Planning Commission Meeting
of August 4, 1992.
C. Approval of Payment of Warrants and Payroll.
d. Receive Report of Planning Commission Action at Regular
Meeting of November 17, 1992.
Page 2
Be 1mont City Council
No. --mber 23, 1992
Motion by Council Member McLaughlin, second by Council Member
Parrott, to adopt the consent calendar as presented.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
8. Recess to Closed Session:
a. Pursuant to Government Code Section 54956.9(b)(1) to confer
with its attorney regarding pending litigation.
b. Pursuant to Government Code Section 54957 to Consider
Public Employee Personnel Matters.
The meeting was recessed to closed session at 6:10 p.m,
reconvening to regular session at 7:15 p.m.
9. Consider Hiring City Manager.
No action was taken on this agenda item.
Date Set for Next Regular Council Meeting, Monday, December 14,
1992, 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 7:16 p.m.
Respectfully submitted,
P
City Clerk
Page 3
BEAUMONT CITY COUNCIL
MINUTES OF
SPECIAL MEETING OF
DECEMBER 29 1992
The Beaumont City Council met in a special meeting on Wednesday,
December 2, 1992, at 5:37 p.m., in the City Council Chambers,
with Mayor Leja presiding.
On roll call the following Council Members were present:
McLaughlin, Parrott and Mayor Leja.
Let the record show Council Member Brey was excused and Council
Member Russo arrived at 5:42 p.m.
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
154957 to Consider Public Employee Personnel Matters.
The meeting was recessed to closed session at 5:39 p.m.,
reconvening to regular session at 6:40 p.m.
3. Consider Hiring City Manager.
Motion by Council Member Russo, second by Council Member
Parrott, to hire Dayle Keller as the City Manager for the
City of Beaumont.
AYES: Council Member McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Brey.
There being no further business to come before the Council,
the meeting was adjourned at 6:42 p.m.
Resp ctfully submitted,
City Clerk
BEAUMONT CITY COUNCIL
MINUTES OF
DECEMBER 14, 1992
The Beaumont City Council met in a regular meeting on Monday,
December 14, 1992, at 6:04 p.m., in the City Council Chambers, with
Mayor Leja presiding.
On roll call the following Council Members were presents 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.
4. a. Presentation by Mr. Jim Birckhead, Western Riverside Council
of Governments, Relative to the Proposed Phase 1 Air Quality
Implementation Plan.
Mr. Jim Birckhead, representing the Western Riverside Council of
Governments, presented background information concerning the
Integrated Air Quality Implementation Program prepared by WRCOG
staff and members of the Air Quality Coordinating Committee,
answering four key questions relating to this program, which were
- where do the requirements come from - air quality implementation
program objectives - what's at stake - and what action is being
required of local government. This information is contained in a
hand -out distributed by Mr. Birckhead, and is a matter of record
in the Clerk's file.
At the conclusion of his presentation, Council Member Russo asked
if any of the actions or commitments being asked of the City have
been coordinated with the City's staff, and in conformance with
the City's General Plan, with an affirmative answer from the City
Manager. Additionally, Mr. Birckhead pointed out that nothing
will be done without City staff having been directly involved.
Council Member Russo then asked, specifically, in the resolution
it states the City of Beaumont commits to maintain any appropriate
reporting mechanisms needed to support future air quality
conformity findings for the WRCOG region, wantiny to know what
that means.
Mr. Birckhead stated all that means is the City is being asked to
keep track of its EIRs and mitigation measures, giving WRCOG the
opportunity to review them, and any major TDM programs being
implemented - then when a conformity finding comes up WRCOG will
ask to take a look at those and summarize the results and feed it
back to the regional group.
Mr. Russo then read from the resolution the following: "The City
of Beaumont commits to developing trip reduction program(s) for
City Employees ", asking if that means the City just suggests that
Page 1
BF imont CiLy Council
D�,-ember 14, 1992
employees do it, emphasizing the word "commits ", with Mr.
Birckhead saying this would entail car pooling, things that would
be appropriate given the small size of City staff.
Council Member Russo then summarized that the point he is trying
to make is in sifting through the resolution, in reducing it down
to the basics, it says the City will make every effort the City
can to do what it can to support better air quality in the
community, with Mr. Birckhead agreeing that is correct.
The City Manager added that when the Council considers the
ordinance later in the agenda, they will note there is an
indication there would be work done with any employer who employs
100 employees or more.
There were no other questions from the Council.
b. RESOLUTION NO. 1992 -38 - A Resolution of Participation in the
Western Riverside Council of Government Integrated Air Quality
Implementation Program.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to adopt Resolution No. 1992 -38.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
5. Consideration of Claim Filed by Theodore Stonehill Against the
City.
The City Manager presented his staff report, with a recommendation
for rejection of the claim from the City Attorney, City Claims'
Administrator and himself.
There were no questions or comments from the Council.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to reject the claim in accordance with Government Code
Section 913, 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 Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
6. Consider a Memorandum of Understanding Between the Deutsch
Company, City of Beaumont and County Property Owners Between City
Limits and Deutsch Annexation Along Eighth Street, and Authorize
the Mayor to Execute Said Memorandum of Understanding.
The staff report was presented by the City Manager, in which he
advised this memorandum of understanding is the result of a lot of
time spent by Mayor Leja and the Deutsch Company in discussions
with 8th Street property owners, who have historically been
opposed to annexation to the City. The proposed Deutsch
annexation would create an island should the 8th Street residents
oppose annexation, and this MOU covers areas of concern on the
part of these residents, with the City and the Deutsch Company
agreeing to certain zoning and sewer connection commitments.
Page 2
Be mont City Council
December 14, 1992
Kim Caberra, representing the Deutsch Company, advised she has
been working with Mayor Leja and the homeowners to explore the
feasibility of annexation of this area into the City, and through
that process they identified about four issues of concern to the
homeowners. She continued that this memorandum of understanding
addresses those issues - the sewer - the zoning - the 8th Street
and the American Avenue concerns.
She then explained that the purpose of the memorandum of
understanding is to get a feel from the rest of the homeowners
other than the committee they have been working with, if there is
an interest in going forward and annexing to the City. The
committee is going to carry the petition and explain to the other
residents what they have learned, and what they are advocating,
because they themselves think it makes sense at this point.
When the results are received, they would then need to sit down
and get a more detailed understanding, so the commitments would be
made for the homeowners, and they would know exactly what was
happening as they are annexing to the City.
Mayor Leja added that this all came about at the time the City
approved the Deutsch specific plan, when there was quite a bit of
opposition from certain property owners, so over a year ago she
contacted those property owners to find out if they and the City
couldn't work together in unity, and out of that conversation came
a need for them to work with Deutsch. As a result, she brought
them together, and they have met on a continual basis for the past
few months exploring the problems of the past.
She continued that the Deutsch annexation will be before LAFCO in
January, and LAFCO has had a tendency to not approve annexations
that create an island, so it was in the City's best interests to
do everything possible to work with those property owners so
everyone could work as a community, and would not be adversarial
at LAFCO.
Council Member Russo expressed his appreciation to Mayor Leja and
everyone who has worked on this, because it has been a tough one
over the years. He then questioned whether it would not be better
to have a figure in the MOU rather than saying "little or no
cost ".
Mayor Leja said the property owners understand at this point that
after the approval of an MOU they all agree on, and most of the
property owners are in favor of pursuing it, the Deutsch Company
will then start delving into the numbers in more detail, as it
didn't make sense to expend large sums of money to come up with a
refined document until it was known whether or not the majority of
the property owners are in favor of doing it.
Council Member Russo stated it might be an easier selling point if
there were a not to exceed figure in the MOU.
Council Member McLaughlin felt it would be pretty difficult to
come up with a figure at this point, and he would rather see it as
it is, because who knows what the cost might be - and you could
set it here and then get down the road and it might change.
Ms. Caberra pointed out the Deutsch Company understands that the
priority of these homeowners is to get that sewer hook -up, as they
see that as the benefit of coming into the City, and the Deutsch
Company participation is a commitment to make that happen for
them. It will involve a lot of engineering as they figure out how
to get from each individual septic tank to the street, and they
decided to wait until they see what the interest is there before
they spend the resources to get that number on paper. But right
now, the goal is no expense to homeowners, and Jim Taylor and
Alex Deutsch are very much aware of that.
Page 3
Be mont City Council
Deuamber 14, 1992
Mayor Leja added that each house will be a different situation
because of the location of their septic tanks, so it will be a
long process.
The City Manager pointed out the fact that the main line down 8th
Street may not be necessary if they don't want it, so it would
have been a lot of money in engineering if that is not really
what they want.
Council Member McLaughlin commented that it appears the attitude
in the area has changed completely from what it was in the past,
and he feels the Deutsch Company is doing the right thing and is
headed in the right direction, with Mayor Leja agreeing and
stating further that she thought the City's attitude had also
changed.
Council Member Brey asked if the zoning falls in with the City's
general plan in that area, and asking what the current zoning is.
The City Manager said he thought most of it was rural residential,
with Council Member Brey continuing that if it is all agricultural
out there, and then the City has high density residential, for
example, he didn't think it would be fair to the people to have an
incompatible use surrounding them.
The City Manager said they have had the opportunity to review the
specific plan, and they know what is being proposed.
Mayor Leja added that was one of their concerns, and they are well
aware what the Deutsch specific plan calls out, which is the only
vacant property that will be changed. Many of them have animals
that they want to keep, and the indication was given to them that
the Council would not have a problem in allowing that type of
zoning in that area because it is a very small area in the
community. In addition, there will be a buffer area between those
homes and the Deutsch project.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to approve the Memorandum of Understanding between the
Deutsch Company, the City of Beaumont and Eighth Street property
owners, between the City limits and the proposed Deutsch
annexation, and for each Council Member to sign said Memorandum of
Understanding.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
7. Consider Agreement for Storage and /or Auction of Forfeited
Personal Property /Forfeited Vehicles /Real Estate and City Surplus
Property, and Authorize the Mayor to Execute Same.
The City Manager reported the City Attorney has reviewed the
proposed auction agreement, and has made suggestions for changes,
with these changes being shown in the copy before the Council at
this time.
He continued that the agreement provides one agreement to take
care of auctioning of city -owned vehicles which a surplus, as
well as asset seizure vehicles and other items the City might have
from the Police Department.
There were no questions or comments from the Council'.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to approve the agreement regarding storage and /or auction
of personal property, motor vehicles and City surplus property
between the City of Beaumont and Roger Ernst & Associates, Inc.
Page 4
Beaumont Ci_. Council
DE, mber 14, 1992
AYES: Council Member Bray, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
8. ORDINANCE NO. 712 - First Reading - Amending Title 10 (Vehicles
and Traffic) of the Beaumont Municipal Code by Adding Chapter
10.42 Establishing Transportation Demand Management Requirements
for Specified New Development Projects.
Nicole Criste, planning consultant for the City, presented the
staff report concerning this ordinance, a copy of which is a
matter of record in the Clerk's file.
There were no questions or comments from the Council.
Motion to Read Ordinance No. 712 by title only.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to read Ordinance No. 712 by title only.
There being no opposition, the motion carried 5 -0.
The ordinance was read by title only by the Deputy City Clerk.
Motion to Approve Ordinance No. 712 at its first reading.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to approve Ordinance No. 712 at its first reading.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
9. ORDINANCE NO. 713 - First Reading - Repealing Chapter 8.32 of the
Beaumont Municipal Code in its Entirety, and Adding New Chapter
8.32 to the Beaumont Municipal Code, Entitled Nuisances.
The City Manager reported that the City Attorney, Chief of Police,
Fire Battalion Chief and Building Inspector prepared this
ordinance for their consideration.
There were no other staff reports presented.
Mayor Leja asked for confirmation that the Planning Commission
would serve as the Nuisance Abatement Hearing Board, with the City
Attorney confirming this is correct.
Mayor Leja then asked what the timing would be from start to
finish once a property owner was cited and due process started,
using as an example, if they refuse to clean it u , due process
would take how long from the time they are cited until the time it
is cleaned it up.
The City Attorney said he would have to review the process, but he
believed it would be about thirty days.
Mayor Leja then wanted to know what the time frame was in the
previous ordinance, with the City Manager saying it was about
ninety days.
The City Attorney pointed out the Council should be aware this is
the administrative procedure, which is only one of three ways
the matter can be resolved. In his efforts to assist staff, they
discussed the probability that each matter would be handled on a
case by case basis, and a decision would be made at staff level
about whether they would approach the problem by way of the
administrative procedure, by way of the municipal court system
Page 5
Beaumont City Council
De. nber 14, 1992
through criminal citation, or by civil action filed in Superior
Court seeking injunctive relief. As a result there are three ways
to solve a particular problem, and the building inspector will
make the initial decision on how he wants to approach it.
Mayor Leja asked if someone should want to report a nuisance,
wanting action to have that nuisance removed, what procedure
should they follow.
The City Attorney said the building inspector would take some kind
of a report, then investigate the situation and make a
determination either in the field or through discussion with other
staff members regarding what approach he wants to take. He then
advised that criminal action is very effective in the sense that
it is speedy, but there are some shortcomings. Civil action also
provides for some speedy resolution, although final resolution may
be several years in the offing simply because the civil court
system is that way. Thirdly, the administrative procedure may be
appropriate, but it really depends on the case.
There were no other questions or comments from the �uncil.
Motion to Read Ordinance No. 713 by title only.
Motion by Council Member Parrott, second by Council Member
McLaughlin, to read Ordinance No. 713 by title only.
There being no opposition, the motion carried 5 -0.
The ordinance was read by title only by the Deputy City Clerk.
Motion to Approve Ordinance No. 713 at its first reading.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to approve Ordinance No. 713 at its first reading.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
10. ORDINANCE NO. 714 - First Reading - Repealing Section 2.12.0 70 of
the Beaumont Municipal Code, and Adding New Section 2.12.070 to
the Beaumont Municipal Code, Amending Title 2 (Administration.and
Personnel), Chapter 2.12 (City Manager).
The staff 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 to Read Ordinance No. 714 by title only.
Motion by Council Member McLaughlin, second by Council` Member
Parrott, to read Ordinance No. 714 by title only.
There being no opposition, the motion carried 5 -0.
Motion to Approve Ordinance No. 714 at its first reading.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to approve Ordinance No. 714 at its first reading.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Page 6
BE mont City Council
December 14, 1992
11. RESOLUTION NO. 1992 -39 - Establishing the Salary for the City
Manager and Authorizing the Execution of an Employment Agreement
Between the City of Beaumont and Dayle Keller.
The City Manager's report is a matter of record in the Clerk's
file.
There were no questions or comments from the Council.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to adopt Resolution No. 1992 -39.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
12. Authorization to Post Notice Requesting Applications for
Appointment to Planning Commission.
The City Manager reported the terms of two Planning Commissioners
expire December 31, 1992, in addition to the current vacancy
created by the resignation of Kurtis Kisling, with a
recommendation the thirty day notice period begin immediately,
with appointments being made at their regular meeting of January
259 1993. He also noted the current Commissioners will continue
to serve until they are reappointed or replaced.
There were no questions or comments from the Council.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to set a thirty day notice period for two Planning
Commissioners, which will close January 14, 1992.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
13. Reports and /or Appointments.
1. Report from Planning Consultant Regarding Updating of
Residential Design Standards:
Nicole Criste reported they have prepared the existing
conditions portion of their analysis, as the zoning ordinance
has somewhat scattered some of the standards that are required
in each of the designations, and they have completed their
analysis of the General Plan and other requirements within the
City to make recommendations to the Council.
They will be reviewing these with the City Manager on
Wednesday, and will be bringing it, hopefully, to a joint
study session of the City Council and Planning Commission in
January.
2. Mayor Leja reported she met on Friday morning with the
Beaumont - Cherry Valley Recreation and Parks District special
committee that has been set up of community representatives,
which both she and Council Member Brey were asked to attend.
As a result of the meeting, in discussing past history, and
the recent history of the assessment district they proposed,
they wanted to make an effort to work with the City of
Beaumont, and have requested her to ask the City Council if
they would commit to try to work with the Parks District on
an ad hoc basis to see if some type of cooperation can be
reached.
Page 7
Beaumont City Council
D amber 14, 1992
She then asked for direction from the Council as to whether or
not they would like to proceed in that manner, with Council
Member Brey continuing as the liaison, and one additional
Council Member working with him.
Council Member McLaughlin agreed to serve with Council Member
Brey on this ad hoc committee.
Direction was given to staff to contact the recreation and
parks district in written form requesting a joint meeting
between the ad hoc committees, and introducing Council Member
Bray and Council Member McLaughlin to be the liaison from the
City of Beaumont.
There were no other reports or appointments.
14. CONSENT CALENDAR:
a. Approval of Minutes of Regular Council Meeting of
November 23, 1992 and Special Meeting of December 2, 1992.
b. Approval of Payment of Warrants and Payroll.
c. Authorize Renewal of Liability Claims Administration Contract
with Carl Warren & Co.
Motion by Council Member McLaughlin, second by Council Member
Parrott, to adopt the consent calendar as presented.
AYES: Council Member Bray, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
15. Recess to Closed Session:
a. Pursuant to Government Code Section 54956.9(b)(1) to confer
with its attorney regarding pending litigation.
b. Pursuant to Government Code Section 54957 to Consider
Public Employee Personnel Matters.
The meeting was recessed to closed session at 6:50 p.m.,
reconvening to regular session at 7:58 p.m.
Date Set for Next Regular Council Meeting, Monday, January 11,
1992, 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 7:59 p.m.
Respectfully submitted,
City Clerk
Page 8
BEAUMONT CITY COUNCIL
MINUTES OF
JULY 13, 1992
The Beaumont City Council met in a regular meeting at 6:00 p.m., on
Monday, July 13, 1992, 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 Mayor 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 regarding
pending litigation and personnel be added to the agenda
pursuant to Government Code Sections 54956.9(a) and 54957
due the fact that the matters to be taken up by the Council have
only recently come to light after the agenda was posted.
The Mayor said it would require a 4/5 vote of the Council to add
this to the agenda, and called for a motion.
Motion by Council Member Russo, second by Council Member Parrott,
to add a closed session for litigation and personnel purposes.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
The closed session will be added as Agenda Item No. 12.
The Mayor then announced that Item No. 9, (Adoption of Final
Budget for Fiscal year 1992 -93), will be removed from the agenda,
since the budget was only received today, and there are some
changes that need to be made in that document.
3. ORAL COMMUNICATION:
There was no one requesting to speak during oral communication.
4. PUBLIC HEARING - 6:00 P.M. - NEGATIVE DECLARATION 92 -ND -2.
APPLICANT: Association for Retarded Citizens, Pass Resource
Center. LOCATION: 702 E. Eleventh Street. PROJECT DESCRIPTION:
Renovation of a 60 year old building which provides day services
to individuals with severe mental retardation. (92- PUP -19
92 -V -1).
The negative declaration finds this project will not have a
significant impact on the environment.
The staff report was received from the City Manager, with a
recommendation for adoption of the negative declaration based on
the findings. This report is a matter of record in the Clerk's
file.
The public hearing was opened at 6:10 P.M.
There was no one requesting to speak.
Page 1 ys,•a,�,,
AGENDA
Beaumont City Council
July 13, 1992
The public hearing was closed at 6:11 P.M.
Council Member Russo asked, in light of the recent ground
movement, is it the City's responsibility to do additional
checking of the building prior to adopting a negative declaration
on those issues relative to earth conditions, conditions of the
building, etc.
The City Manager responded that is basically a building condition,
and has no bearing on the negative declaration, as it would be a
part of the project approvals.
There were no other questions or comments from the Council.
a. Consideration of Adoption of Negative Declaration 92 -ND -2
based on the findings.
Motion by Council Member McLaughlin, second by Council Member
Russo, to adopt Negative Declaration 92 -ND -2, based on the
findings.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
5. Request from Stage Stop Enterprises, Inc. for Permit to Operate
as a Pawnbroker at Their Current Business Address. (Continued
from June 22, 1992).
The City Manager reported that the letter of request submitted to
them in this packet has been reworded somewhat, and the City
Attorney approves of the request as it stands now in the letter.
There were no questions or comments from the Council.
Motion by Council Member Parrott, second by Council Member
McLaughlin, to approve the request from Stage Stop Enterprises,
Inc. for permit to operate as a pawnbroker at their current
business address.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
- ABSENT: None.
6. Appointment of Oral Boards for City Manager Selection Process and
Authorize Notification of the Candidates Selected for Interview.
The City Manager presented his report, a copy of which is a matter
of record in the Clerk's file. This report included the
recommended time frame for continuance of the City Manager
recruitment process.
Discussion followed regarding the dates suggested, appointment of
oral boards, notification of the candidates and the procedure to
be used for the background investigation of the successful
candidate.
Motion by Council Member McLaughlin, second by Council Member
Brey, to:
1. Authorize the City Manager to notify candidates selected by
telephone July 14 and 15, and send a follow -up letter.
2. Set date for oral interviews of July 29, 1992.
3. Request Council Members to submit suggested names for
Page 2
oral boards to the City
afternoon, July 14, 1992.
Beaumont City Council
July 13, 1992
Manager no later than Tuesday
4. City Council meet at 6:00 p.m. on July 29 to interview
three final candidates.
5. Authorize City Manager to hire Mery Feinstein to do the
background investigation.
6. Set tentative schedule of special meeting of August 3 or
regular meeting August 10, to offer job to final candidate
selected, with the new City Manager to report to work August
24 or September 14, which schedule shall remain flexible
depending on the previous steps taken.
AYES: Council Member Bray, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
7. RESOLUTION NO. 1992 -20 - Authorizing the Signing and Execution of
the Memoranda of Understanding Between the City of Beaumont and
the General Employees Unit of the Public Employees Association of
Riverside County, Inc.; the Beaumont Confederation of Police of
the California Organization of Police and Sheriffs; the Police
Sergeants as Individuals; and the Management and Administrative
Employees as Individuals.
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 McLaughlin, second by Council Member
Parrott, to adopt Resolution No. 1992 -20.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
8. RESOLUTION NO. 1992 -21 - Establishing the Salary and Benefits of
the City Manager.
The City Manager explained the only reason for adopting this
resolution is since the prior MOU referenced in the old City
Manager resolution is now null and void by adoption of Resolution
No. 1992 -20 - this resolution provides language to include the
1992 -93 Management MOU. There are no other changes in this
resolution from the preceding resolution.
Motion by Council Member McLaughlin, second by Council Member
Russo, to adopt Resolution No. 1992 -21.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
9. Adoption of Final Budget for Fiscal Year 1992 -93.
This item was removed from the agenda under Adjustments to the
Agenda.
10. Council Committee Reports and Appointments.
Finance Committee:
No report.
Page 3
Beaumont City Council
July 13, 1992
Public Safety:
No report.
Public Works /Water:
Council Member McLaughlin reported a meeting had been held with a
good group attending and a good agenda. It is his opinion the
City is progressing in the right direction, however, as is
frequently the case, there is so much to be done, he doesn't want
them to forget the committee has been formed to get water and to
take care of sanitation /sewer. The agenda of this last meeting
had so many other items on the agenda, he is concerned they are
not staying with the specific purpose of the committee.
He went on that he was glad to see the Pass Water Agency will be
invited to all future meetings.
He did point out these are open meetings, and everyone is invited
to attend. He feels they are headed in the right direction for
the future of the Pass Area.
Council Member Parrott reported there would be a Pass Water Agency
Council meeting tomorrow morning, and so far these meetings have
been very fruitful and he thought they would be getting water here
one of these days.
The City Attorney reported that he is sending a letter to Kay
Ceniceros and to the Pass Water Agency president to invite them to
attend the next meeting. He reported further that he has prepared
a proposed agreement, which will be passed out to each of the
Council tonight, which is an agreement to form the Pass Area Task
Force, which would include not only Beaumont, Banning,
Beaumont - Cherry Valley Water District, Calimesa and Yucaipa, but
he is suggesting the Pass Water Agency become a formal member, and
the County of Riverside be represented by Supervisor Ceniceros'
office.
In addition, he has attached a sample form Specific Project
Agreement, which will allow the agencies, either as a group or two
or more of them, to embark upon matters of concern that are
limited to them specifically, but they would solve their problems
under the task force. As an example, if Beaumont and Banning
wanted to do a joint animal control shelter, and no one else would
be interested in this project, this would allow them, under a
specific project agreement, to get together and work as a
subcommittee.
The primary purpose of the task force is to provide a regionalized
form to enhance communication among elected officials, and,
secondarily, to address and resolve issues, including the water
and sewer issue.
He requested comments from the Council concerning this proposed
agreement no later than Tuesday afternoon or Wednesday morning, so
that he could present this proposed agreement to the rest of the
task force members.
He also advised that he is preparing a Joint Powers Agreement,
which he will be forwarding to the Council for their review
tomorrow, and then gave a brief description of the purpose of the
Joint Powers Agreement.
Land Use Committee:
No report.
Senior Citizens Advisory Committees
No report.
Page 4
Planning Commission:
No report.
Parks Committee:
Mayor Leja reported the Parks
on July 7, with a wide range
not limited to, the following:
Beaumont City Council
July 13, 1992
Committee met in their first meeting
of topics discussed, including, but
1. The development of a mission statement;
2. Short term and long term goals;
3. Fundraising;
4. Staffing;
5. Recreational activities to consider implementing.
The first priorities established were:
1. The development of basketball courts at the parks, with a
three on three basketball tournament to be scheduled for
Labor Day weekend.
2. Establishing short term projects.
3. Getting the community involved.
The committee members will prepare a list of their suggested short
term projects, from which four to six will be selected as projects
to be completed and in operation by January 1, 1993.
The date set for the next meeting was Monday, July 13, 1992, at
3:00 p.m., at which time the mission statement will be discussed
as the first priority, with the short term goals and projects to
be completed first as second and third priorities.
She then reported that the second meeting was held this afternoon,
at which time a number of topics were again discussed, with the
third meeting scheduled for Wednesday, at 2:00 p.m. for the
purpose of facilities inventory, so all committee members can see
what facilities are available, and what renovations need to be
made, so they can appropriately plan for what is available. The
next regular meeting has been scheduled for Monday, July 20, at
3 :00 p.m.
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 June 15,
1992, Adjourned Special Council Meeting of June 19, 1992 and
Regular Council Meeting of June 22, 1992.
b. Approval of Payment of Warrants and Payroll.
Motion by Council Member McLaughlin, second by Mayor Leja, to
adopt the consent calendar as presented.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
12. 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; and
b. Pursuant to Government Code Section 54957 to consider public
employee personnel matters.
Page 5
Beaumont City Council
July 13, 1992
The meeting was recessed to closed session at 6:45 p.m.,
reconvening to regular session at 8:04 p.m.
Date Set for Next Regular Council Meeting, Monday, July 27, 1992,
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 8:05 p.m.
Respectfully submitted,
Page 6
BEAUMONT CITY COUNCIL
MINUTES OF
SPECIAL MEETING OF
NOVEMBER 20, 1992
The Beaumont City Council met in a special meeting at 9 :00 a.m. on
Friday, November 20, 1992, 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 City Clerk.
2. ORAL COMMUNICATION:
There was no one requesting to speak during oral communication.
3. Recess to Closed Session Pursuant to Government Code Section
54957 to Consider Public Employee Personnel Matters.
The meeting was recessed to closed session at 9:05 a.m. for the
purpose of interviewing City Manager candidates.
The meeting was recessed for lunch at 11 :45 a.m., reconvening
to closed session at 1 :30 p.m. for continued interview of City
Manager candidates.
The meeting was reconvened to regular session at 3:10 p.m., and
with no further business to come before the Council, the
meeting was adjourned at 3:11 p.m.
Respectfully submitted,
City Clerk