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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 Page 1 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. Page 2 Beaumont City Council 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. Page 3 _eaumont City Council 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. Page 4 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. Page 5 .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 Page 6 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, Page 7 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). Page 8 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, Page 9 ,,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 Page 2 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 Page 16 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 Page 17 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 Page 18 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. Page 19 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. Page 20 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